UK: Theresa May to seek support for plan to deprive terror suspects of citizenship

2014/05/09 Leave a comment

In light of the Canadian government’s proposed revocation for dual nationals convicted of terrorism or comparable crimes, will be interesting to see whether UK Home Secretary will be able to overcome House of Lords opposition to revocation even in cases of statelessness.

To be followed as the UK has, among Western countries, the most draconian and discretionary approach to revocation (the Canadian government proposals have been questioned by some witnesses on both substantive and process grounds at committee hearings, but this less arbitrary with some due process in contrast to UK):

A former director of public prosecutions, a former supreme court judge and 23 Liberal Democrats were among the 242 peers who supported Lord Pannick’s successful Lords amendment that would delay its implementation. The move was added to the immigration bill in January without any of the pre-legislative scrutiny that the remainder was subject to.

At the time of the Lords defeat, Pannick said: “There are regrettably all too many dictators around the world willing to use the creation of statelessness as a weapon. We should do nothing to suggest that it is acceptable.”

Theresa May to seek support for plan to deprive terror suspects of citizenship | Politics | The Guardian.

Strong commentary against the UK approach by Donald Campbell of Reprieve, a NGO that “delivers justice and saves lives, from death row to Guantanamo Bay.”

In medieval England, those who had been forced to “abjure the realm” and go into exile would be required to walk barefoot, carrying a wooden cross, to the nearest port.  There, they were to take passage on the first available ship; until they were able to do so, they had to wade, daily, into the sea, as testimony to their willingness to leave the country.

This specific provision is absent from the Home Secretary’s proposed expansion of her powers to arbitrarily deprive Britons of their citizenship – expected to be considered again by MPs this week.  But the echo of the medieval punishment of banishment in the modern measure of ‘citizenship-stripping’ is impossible to ignore. It has perhaps been best summed up by the Supreme Court of the United States, which has described the practice of making someone stateless by removing their citizenship as “a form of punishment more primitive than torture.”

Theresa May’s citizenship-stripping proposal is worse than medieval banishment

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David Cameron’s ‘Christian country’ remarks fuel mini media frenzy

2014/04/26 Leave a comment

David Cameron’s faith and politics statements and the predictable controversy. Had he talked about Christianity’s influence on Britain’s development and values, and linked to the openness to other faiths, likely would have been a non-issue.

Of more interest is the much higher percentage of British who state they have no religion (51 %), likely one of the higher percentages in the world (Canada is about 24 %):

In last year’s British Society Attitudes Survey, 51 per cent of those polled described themselves as having no religion. And the number of those who say they are members of the Church of England continues to fall year by year.

British Attitudes Towards Religion:

No religion: 48 per cent

Church of England: 20 per cent

Other Christian: 17 per cent

Source: British Social Attitudes Survey, 2012

Campbell refers to Cameron as a “bog standard middle England churchgoer.” During his reign as Tony Blair’s chief spin-doctor, Campbell managed to curb any talk of religion with an imperious command delivered from the plinth, telling reporters: “We don’t do God.”

Cameron’s critics accuse him of deciding to “do God” now in a bid to prevent an exodus of more traditional members from his governing Conservative Party to the UK Independence Party or UKIP, running on a staunchly anti-European, anti-immigrant platform.

Also amusing to see former PM Blair’s spin doctor, Alistair Campbell, comment on Cameron without disclosing just how much he suppressed any evidence or news about Blair’s deep religious faith (Blair only “came out,” so to speak, when he left office)

David Cameron’s ‘Christian country’ remarks fuel mini media frenzy – World – CBC News.

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Why is the UK Law Society throwing its weight behind a regressive form of Islam?

2014/04/21 Leave a comment

More on the UK Law Society’s drafting of guidance of sharia-compliant wills, and the impact this has on already vulnerable women in some Muslim communities:

But this isn’t the whole story: both practically and symbolically the move undermines the axiom that all British people – male and female; gay and straight; Muslim, Christian and atheist – should be equal under the law. As Charlie Klendijan of the Lawyers’ Secular Society explained to me, “The Law Society’s guidance notes have a special influence and prestige. They’re the recognised benchmark of ‘good practice’ for all solicitors, so they have a major impact on how law is practiced in this country. By publishing this guidance note, it has effectively legitimised sharia in the eyes of the legal world.” …

But British Muslims aren’t a single culture with a monolithic faith, and it’s not up to the Law Society to decide which understanding of “sharia practice” is correct. Instead of producing a neutral description of sharia, it has effectively issued a declamation on behalf of a regressive, reactionary version of Islamic jurisprudence that more liberal-minded Muslims fight bravely against.

For an organisation ostensibly committed to the liberal values enshrined in British law to join the theological fray on the conservative side is a cruel blow to reformist Muslims. …

What makes the controversy over these guidelines all the more absurd is their utter pointlessness. The Law Society ought simply to remind its members that their job is to provide legal, not religious, advice: clients looking for guidance on what sharia requires should be advised to consult an Islamic authority of their choice.

The nature of British Islam in not fixed: both moderates like Dr Hasan and reactionaries with their flyblown dogma hope to inherit a greater share of its future. The case continues and continues. Meanwhile is it too much to ask of the Law Society to refrain from taking sides?

Why is the Law Society throwing its weight behind a regressive form of Islam? – Comment – Voices – The Independent.

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British government must proceed with caution in reviewing Muslim Brotherhood

2014/04/15 Leave a comment

Interesting commentary on the review of the Muslim Brotherhood in the UK and some of the domestic and international risks that Dr. Hellyer of the Royal United Services Institute in London and the Brookings Institution in Washington DC thinks are significant:

The likely outcome of the review is not a terrorist designation, if the evidence being relied upon is the same that has been available thus far. There is evidence to suggest the Muslim Brotherhood is sectarian, permissive of incitement, and other such unsavoury characteristics, including a willingness to engage in violence for political ends. Such characteristics differ widely across the organization, depending on the country. However, it would be difficult for such evidence to amount to a terrorist designation for the Brotherhood. It is dubious to think that the review will deliver such a verdict unless the Brotherhood changes quite dramatically between now and the time the review is completed. Such a designation, it ought to be remembered, would have to stand up in a British court of law.

The review, therefore, is likely to deliver a rather unflattering picture of the Brotherhood, but not result in a terrorist designation. The timing of its delivery is also quite important to note: it is due to happen in July, which is close to when parliament ends its session in the UK. It is also when the Arab world will slow down owing to the summer holidays, Ramadan and Eid. Indeed, it is entirely plausible the review will be completed, and its results are not even reacted to by very many people at all. However, the UK government will be able to note that it has taken the concerns of its allies in the region seriously, without actually doing very much at all.

British government must proceed with caution in reviewing Muslim Brotherhood – The Globe and Mail.

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Britain Increasingly Invokes Power to Disown Its Citizens

2014/04/12 Leave a comment

More on the issue of citizenship revocation in the UK and that the House of Lords rejected the proposed amendment that would have allowed revocation in cases where the person would be left stateless. Whether or not one agrees with revocation in terrorism or related cases, the lack of due process and full ministerial discretion (no role for the courts) is of concern. The proposed Canadian version is through the Federal Court; the Minister only has discretion in cases of fraud:

The issue is beginning to stir public debate. A government-sponsored amendment expanding the practice to naturalized citizens who have no other nationality sailed through the House of Commons this year. But on Monday, in a rare act of parliamentary rebellion, the House of Lords rejected the amendment and asked instead for a joint committee of both houses to examine whether the additional powers are necessary. The draft legislation will now return to the House of Commons.

Britain typically strips people of citizenship when they are outside the country. The procedure requires only that the home secretary find that stripping someone of citizenship would be “conducive to the public good,” then sign a deprivation order and send a letter to the person’s last known address. Loss of citizenship is effective immediately. It can be challenged in court, but that is a difficult task in most cases, given the inability of a targeted person to return to Britain for any proceedings.

Britain Increasingly Invokes Power to Disown Its Citizens – NYTimes.com.

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Bruce Springsteen, Trevor Phillips and when a cluster becomes a ghetto | UK news | The Guardian

2014/04/08 Leave a comment

Hugh Muir on the distinction between “benign clustering”, part of the normal lives we lead, and ghettoization:

Relating his experience as part of Mapping Integration, a new project by the think tank Demos, Phillips called it “benign clustering”. We tend to look askance at events or spaces that exhibit monoculture – because many people still embrace multiculturalism, and even those who don’t insist they crave a culture shared by all. But, through background, tradition, we occasionally make choices that draw those of a similar background together in one place. That’s no bad thing, Phillips says, so long as there is no barrier or prescription to integration. “We can survive this kind of benign clustering,” he writes. “What we do with our own time, and who we do it with should have no impact on public policy.”

And yet he is also right to differentiate, for when the clustering occurs in other spheres, people get nervous. When monocultural clustering newly impacts on a neighbourhood or a school, we talk of segregation, of ghettoisation and feel we are losing one of the elements that make community relations less fraught than they are in countries such as the US. We readily accept that the motives for clustering around Springsteen at Wembley are harmless, whereas those that drive others towards residential clusters in Bradford or religious free schools in Tower Hamlets are troubling. One presents as celebration, the other as rejection. I fall into this trap myself; but then I was raised in a mixed London suburb. That’s my default position. There’s more to this than logic.

Bruce Springsteen, Trevor Phillips and when a cluster becomes a ghetto | UK news | The Guardian.

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The Muslims Are Coming!: Islamophobia, Extremism, and the Domestic War on Terror

2014/04/05 Leave a comment

Worth reading for an alternate view on the “root causes” of extremism and terrorism by Arun Kundnani, and some of the missteps in the “war against terror.”

It does not answer why people in some communities are more drawn to extremism and violence than others. This is not unique to Muslims as other examples, such as previous patterns of violence among some Sikhs or Catholics in Northern Ireland. And many of the people implicated in terrorism and extremism are not the most disadvantaged or excluded in their communities:

This failure to engage with the real roots of violent alienation has ramifications going far beyond security. Both culturalism and reformism neglect what Kundnani calls “the basic political question thrown up by multiculturalism: how can a common way of life, together with full participation from all parts of society, be created?” Those British Muslims who “ghettoised” didn’t do so by choice but as a result of industrial collapse, discriminatory housing policies and the fear of racist violence. Identity politics was promoted and funded by local government in response to a 1970s radicalism (for instance the Asian Youth Movements, modelled on the Black Panthers), which linked anti-racism to anti-capitalism. Home secretary Willie Whitelaw supported “ethnic” TV programming on the grounds that “if they don’t get some outlet for their activities you are going to run yourself into much more trouble”. Multiculturalism, then, was not a leftist plot but a conservative move bringing together the state and community “uncles” against a much more subversive alternative. And in the last decade, while “anti-terror” resources have flowed into Muslim communities, benefiting the usual gatekeepers and provoking the envy of equally deprived non-Muslim communities, young, alienated Muslims, as likely obsessed by the Illuminati as the caliphate, are deterred from speaking – and being challenged – in public.

The Muslims Are Coming!: Islamophobia, Extremism, and the Domestic War on Terror – review | Books | The Guardian.

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Baroness Warsi Speaks Out On Islamophobia, Richard Dawkins, Bingo Posters And ‘Racist’ Ukip

2014/04/02 Leave a comment

A largely positive piece on Baroness Warsi, UK Minister for Faith in the Communities Department:

The peer herself doesn’t seem bothered by the brickbats. “Politics is a pretty ruthless place and it’s not the kind of place which you’d choose for a good work-life balance,” she tells me, with a shrug of her shoulders, during our chat at Lancaster House. “If you’re going to come into politics and try not to upset anybody, and stand on the sidelines, then you might as well go off and be an accountant. I came into politics to make a difference.”

Baroness Warsi Speaks Out On Islamophobia, Richard Dawkins, Bingo Posters And ‘Racist’ Ukip.

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Islamic law to be enshrined in British law as solicitors get guidelines on ‘Sharia compliant’ wills

2014/03/24 Leave a comment

Some were not thinking about how Islamic principles list can be reconciled with a human rights and equality perspective. Sad.

Under guidance produced by The Law Society, High Street solicitors will be able to compose Islamic wills that refuse women an equal share of inheritances and discount non-believers entirely, the Sunday Telegraph reported.

The recommendations can also prevent illegitimate children, as well as those who have been adopted, from being included in an inheritance.

Nicholas Fluck, president of The Law Society told the newspaper that the document, which would be recognised by Britain’s courts, would promote “good practice” in applying Islamic principles in the British legal system.

But some lawyers have described the recommendations as “astonishing” and campaigners have warned that the move marks a step towards a “parallel legal system” for Britain’s Muslim communities.

Islamic law to be enshrined in British law as solicitors get guidelines on ‘Sharia compliant’ wills – Home News – UK – The Independent.

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The Lords must vote against Theresa May’s plan to strip Britons of their citizenship

2014/03/24 Leave a comment

More on the debate within the UK on citizenship revocation in cases of terrorist or equivalent activity, and lack of due process (proposed Canadian equivalent has greater due process protections given role of Federal Court and not leaving it to Ministerial discretion):

“[U]se of denationalisation as a punishment [means] the total destruction of the individual’s status in organised society. It is a form of punishment more primitive than torture …”

So ruled the US supreme court in 1958 on the practice of stripping people of their citizenship and leaving them stateless. It is a measure of how far Britain has sunk in the legal and ethical mire of the “war on terror” that the government is now attempting to introduce powers similar to those rejected by the US courts as “cruel and unusual” more than half a century ago.

On Monday, the House of Lords votes on plans that would give Theresa May the power to strip Britons of their citizenship without due process, even if doing so would leave them stateless – deprived of any nationality or the protections it carries.

It is a power that, before this government came into office, had been relatively narrow in scope and little-used. Even during the second world war, Oxford academic Matthew Gibeny notes, “only four people were stripped of citizenship.” Already, he says, “Theresa May has denaturalised more than four times that number”.

The Lords must vote against Theresa May’s plan to strip Britons of their citizenship | Clare Algar | Comment is free | theguardian.com.

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