The Rohingya

In January this year, following a visit to Myanmar, Yanghee Lee, the UN’s Human rights envoy to Myanmar said,

“There are more than a million Rohingya Muslims in Myanmar deprived of some of their most fundamental rights. This is a million too many.”

She met privately with Aung San Suu Kyi in Naypyidaw to discuss the future of the Rohingya.

These people have rightly attracted the attention of the International community. They are abandoned and rejected, and many have tried to escape by boat to nearby States. In Myanmar, they are seen as a “self-defined” an unregistered Islamic community with a militant past, at a time of growing anti-Muslim prejudice. The Rakhine province, isolated by a range of mountains from the rest of Burma, was independent before it was annexed in 1785, and the only text from before the late 20th Century to mention the Rohingya by name dates to just 14 years after this annexation. Rakhine was then a stronghold of Buddhism, with a celebrated Statue of the Buddha, the Mahamuni image, which was later transported to Mandalay. Maybe there is a sense that the State has been sidelined and this is shared by both the Buddhist and Islamic communities. Today, certainly, Rakhine Buddhists say they feel vulnerable.

Aung San Suu Kye on the TODAY programme 24th October 2013

What appears to be a simple humanitarian issue shown in the 2013 Meiktila campaign, the deaths and destroyed homes that followed, the atrocities in Mandalay in 2014, the rise of 969 and in the grotesque camps of Sittwe, and an appalling example of State brutality is by no means straightforward. It is compounded by support for Aung San Suu Kyi who seems to follow an agenda in this instance that is comparable to the Nationalist agenda of her father. In a shocking interview with Mishal Husain that she gave to the BBC’s Today programme in October 2013, she justifies the exclusion of the Rohingya community in terms of the war on terror (what she calls “worldwide perception”) and allegedly commented afterwards, “no one told me I was going to be interviewed by a Muslim”. Her comments on and off record seem to suggest that (a) Aung San Suu Kyi is herself prejudiced and (b) that if she wanted to do something to help the community, she could. Significantly, however, she does not deny the rights of the Rohingya to live legitimately in Myanmar. She simply denies that muslims have been subject to a form of ethnic cleansing and goes on to say that

“Muslims have been targeted but Buddhists have also been subject to violence.”

In that interview, she suggests that the violence suffered by the Rohingya is about adjusting to the demands of becoming “a genuine democratic society.” Yet at the same time, she makes no offer to award the Rohingya any citizenship.

Aung San Suu Kyi’s views are actually supported academically by people like Christian Fink, an anthropologist who admits that the Rohingya have been denied citizenship, but also notes the “Buddhist Rakhine population’s fears of a Muslim takeover.” (“Living silence”). This is no reason to deny healthcare, education and citizenship. It also does not address the historical record that the Rohingya voted in the first Constituent Assembly Elections of an independent Burma in 1947. If they were accepted then, it does not really make sense that they are excluded now.

aung san suu kyi by tim.jpgMuch was expected of Aung San Suu Kyi and in 2015, the Dalai Lama observed, “It’s very sad. I mentioned about this problem and she told me she found some difficulties, that things were not simple but very complicated. But in spite of that I feel she can do something.” The Pope has joined criticisms observing that the Rohingya are targeted “simply because they want to live their culture and their Muslim faith.”

Official Silence and Actual threats

Since this interview, Aung San Suu Kyi has failed to take action, and remained silent about the Rohingya, whose plight has simply got worse. This has involved a rise in hate-speech, travel controls, population control, signed by the then President Thein Sein, to restrict the number of children as well as a migration, now thwarted on rickety boats to Thailand and Malaysia. The few refugees who today make it through, are left in no doubt about their country of origin. whiteboards declare them to be from Burma. In October 2016, Benedict Rogers notes that 2000 Rohingyan villagers were held in fields by the army.

This is what John Sifton, Asia Advocacy Director for Human Rights Watch, said:

“Right now, it is routine for Burmese politicians, Burmese people in all walks of life, to say extremely reactionary and hateful things about the Rohingya population of Burma. Nobody is standing up and saying, ‘No, this is not what democracy is, what modern pluralistic societies are like. Aung San Suu Kyi could have been that person, and she failed to do that.”

The militant monks

The Rohingya face the rising popularity of demagogue monks, among them Ashin Wirathu, Ashin Wimala, and Ashin Parmoukkha who stretch the pacific image of Buddhist monasticism to breaking-point, though arguably it is nothing new (cf U. Ottoma also from Rakhine). They also face political discrimination from a topsy-turvy understanding of law, like Section 295 designed to prevent inter-religious conflict, now used to silence any criticism of Buddhist Nationalism. A new law purporting to be for the Protection of Race and Religion forbids conversion and inter-marriage.

Anti-Muslim propaganda, as well as Rakhine Buddhist fears threaten even greater violence that may entrench community divisions and deepen hostility. This may well explain Aung San Suu Kyi’s silence as, after 50- years of military rule, Myanmar is finally moving towards democracy. While the local population is broadly behind the Democracy movement, it does not seem sympathetic to efforts by the international community to solve the Rohingya problem. The muslim population of Myanmar, of which the Rohingya is now the majority, makes up only 4% of the whole population. In 2015, following the rescue of 1000 refugees off the coast of Ayeyarwady Region, protestors led by monks, demanded the expulsion of what they called the “bengalis”. Initial slogans critical of the UNHCR were removed but slogans demanding that “INGO/NGO respect the truth” remained. The truth they wanted to assert is that the Rohingyas have no right to be in Myanmar at all.

The Union Citizenship Act of 1948

This act, following an earlier act the previous year, and coming just a few years after a serious massacre of the Rohingya by “the Rakhine Maghs”, restricted citizenship to any person “from ancestors who for two generation at least all made any of the terriories included within the Union of Burma their permanent home and whose parents and himself were born in any such territories.” (Section 11 iv) Following this, many Rohingyas were formally registered, given identity cards (NRCs) and allowed to vote. (under section 30 of the 1950 Burma Population Registration Rules states that no foreigner may be thus registered). One wonders, incidentally, how long a foreigner needs to be resident before he or she qualifies for citizenship, of course! This is what MA Gaffer, a member of Parliament, said at the time,

“Though Rohingyas resemble a little with the people of East Pakistan (now Bangladesh), their literature, names and tittles, dresses, languages, customs and cultures are as difference as the sky and the earth. Therefore to regard Rohingyas as Chittagonians is a grevious hurt to Rohingyas and a matter of tragedy and a great blow to Rohingya and far from actual history.”

“Although Rohingya’s culture, tradition, history and civilization are not inferior to that of other indigenous races of Burma, Rohingyas are always victims of persecutions, specially, the immigration used to arrest them. In June 1959, 76 Rohingyas were rounded and arrested in Akyab and Mayu districts by the  immigration and were sent to Rangoon by steamer for ultimate dispatch to Gawdu-thoung in Pyapon District.”

“…Section 4(2) of the Union Citizenship Act. also pointed out that those persons whose ancestors had made Burma for two generation as their home and who and whose parents were born in Burma were also citizens of the Union. It had been observed by the court that in Union of Burma there were races who could not speak the Burmese language and who nevertheless were citizens of the Union of Burma.”

In the early 1950s, Government officials, including the Prime Minister of Burma, U Nu, and the Defence Minister U Ba Swe confirmed the identity and rights of the Rohingya. This is what UBa Swe said in November 1959,

“The Rohingyas are equal in every way with other minority races like the Shan, Chin, Kachin, Kayin, Kayah, Mon, and Rakhaine. They have lived in Myanmar Naing Ngan for ages, accordingly to historical facts. They are of the Islamic faith. There is historical evidence that they have lived faithfully and harmoniously with other races of the Union.”

Confusion over 1973 census

There are two approaches to the historical evidence: the first is to establish the origin of the Rohingya peoples and the second is to establish the use of the name “rohingya” itself. the two issues, however, are often (deliberately?) confused by people on both sides of the debate. Certainly, the modern term is a political construct while the weight of evidence suggests that the Rohingya have been in Myanmar for about seven centuries, though there is some confusion about nomenclature.

In the 1973 census, though, they were recognised along with 142 other ethnic groups. This put into law the statement by the Prime Minister in 1960 on Sept 25 that the Rohingya of Arakan were one of the ethnic races of Burma.

However, this was later delisted, admitting only the Kamen to the number of recognised Muslim groups. While this effectively made the Rohingya “foreigners” in Arakan, local Government records at the time do not note an increase in the number of registered aliens. Indeed, in 1972 there are 1192 foreigners recorded by the Arakan Divisional security and administration committee, while in 1975-6, there are 1037 people recorded in the three monthly report by the Arakan State people’s council. No adjustment is allowed for the thousands of Rohingya excluded in the delisting.

1982 Citizenship law

The Rohingya appear today to be utterly displaced, rejected both in Bangladesh and in Myanmar.

“There is after all, very little in common – except common religion – between the Rohingya of Arakan and the Indian Muslims of Rangoon or Burmese Muslim of the Shwebo district. These are different groups that do not identify with each other, do not share the same goal and aspiration.” Moshe Yegar, The Muslim of Burma: A Study of a Minority Group  p. 111

But I believe the Political key to their future lies in the repeal of a fairly recent 1982 Citizenship law which defined citizens as Kayah, Karen, Chin, Burman, Mon, Rakhine, Shan and other ethnic groups settled within Myanmar before 1823. At the same time, this law accepts the Rakhine historians’ claim that the Rohingya were slaves settled in Myanmar after the first Anglo-Burmese war in 1824 and therefore foreigners. (It is this law that effectively brands the Rohingya as foreign, non-indigenous and/or “illegal immigrants” without cultural, religious or social ties to Myanmar) But even so, aliens should be given proper human rights.

Moreover, if the law were quite as clear as it appears, I do not understand why the Myanmar government repatriated so many refugees from the 1992 Rohingya exodus.

The 2 groups

The issue is complicated by the existence of two lists of ethnic groups that underpin the 1982 Citizenship law, one of 101 groups, that is pre-colonial, and a later one that includes 135 specific groups. Neither list mentions the Rohingya. It seems that any legal advance must involve a review of these lists and a recognition that the strict definitions of the past need to be loosened today. In other words, a solution to the Rohingya problem should involve change throughout the country. Some observers question whether it is even right to talk about “national races”.

Defining a group

It is certainly not clear how any of these groups were ever actually defined- is this by self-awareness, language, political affiliation, or some sort of (dare I say?) colour-coding? There is a fundamental, legal and philosophical question that underpins this: Is ethnic identity something we choose for ourselves or something that is imposed on us? Identity is often contested; it is actually fairly fluid and becomes more so as one group is exposed, intermarries and interacts with another.

This is what a British writer in 1945 records,

“The Musulman Arakanese generally known as Bengalis or Chittagonians, quite incorrectly…To look at, they are quite unlike any other product of India or Burma that I have seen. They resemble the Arab in name, in dress and in habit. The women and more particularly the young girls, have distinctive Arab touch about them.. .As a race they have been here over two hundred years.” Anthony lrwin, Burmese Outpost (London: Collins, 1945) p.22.

Just to draw an uncomfortable parallel here- The concept of Jewishness may have seemed clear to the Nazis, but it would not be a definition shared by the average Jewish beth din. In other words, identity is by no means a clear-cut issue.

A solution today?

International Observers today tend to favour the government granting full citizenship and rights to the Rohingya community, but this solution also overlooks the growing tension on the ground. A solution “from above” or from outside the country itself would be unlikely to sort out the tension between the communities, and given the jigsaw of differing ethnic groups that make-up modern-day Myanmar, a solution that is rejected by the Buddhist majority threatens to tear apart this newly emerging Nation.

De facto recognition from 1961-1964

In this historic process of ethnic categorization, the Rohingya has been a largely illiterate group, now denied basic education, that falls by the way. Nevertheless, there is a collective understanding among the Rohingya that they have lived together in the North of Rakhine state for many generations.

Indeed, from 1961-1964, under the “Mayu Frontier Administration” (MFA)there appears to have been some sort of de facto recognition of the community which was governed as a separate province from the rest of Rakhine by the Burmese army. Rohingya language programmes were broadcast on the radio from May 1961-March 1965.

The name “Rohingya”

There are four distinct etymologies that I can find.

The first is that the name Rohingya appears to be an indian form of Rakhine. Bluntly, the term Rohingya could mean simply the people who live in Rakhine. The second, that it derives from the terms Rohai and Roshangee which denote Muslim peoples in old Arakan. It could be a version of the word “Roshanga”, used in Bengali literature in the Chittagong region. Thirdly, it is suggested that it is a corruption of the arabic term Rahim (blessing) or Raham Borri, meaning the Land of God’s blessing.

The fourth etymology is most interesting because it suggests the word derives from the Magh language and refers to the Pathan General Wali Khan and General Sandi Khan who helped to restore Narameikhia to the throne of Longgeret, setting up the Maruk-u-Dynasty in 1433. Narameikhia had formerly been in exile in Bengal.

It is clear that from the 1950s, the Rohingya has emerged as a political and military unit (the RLP and from 1974, the RPF led by Muhammad Jafar Habib and the RSO, disbanded in 1998) with an aim to defining a homeland within Myanmar. The community represents today the “largest Muslim community in Burma” (Andrew Selth 2003). The Rohingya appears to have defined itself in the 1950s but that does not rule out a clear historical record of the community in Myanmar that goes back much further. Three issues are linked: the legal status of the group, the humanitarian crisis and human rights’ violations. The Buddhist Rakhine community have, for the last 30 years contested the legitimacy of the group and it is not immediately clear from the modern debate whether there is a culturally distinct muslim identity but the same debate also confirms the view that the Buddhist majority is the aggressor and the Muslim minority the victim.

“A Comparative Vocabulary of Some of the Languages Spoken in the Burma Empire” by Francis Buchanan 1799

History is about perception and, in this case, there are 3 competing historical narratives, from Arakan, Burma and the Rohingya.

The documented history of the Rohingya -“the people that call themselves Rohingya” as David Steinberg (OUP) in 2009 classifies them- begins with an 18th Century reference which is worth examining. That single instance seems to establish both the existence of the community in Myanmar as well as its own claims to a unique and geographical identity. The 18th Century source, admittedly Colonial, specifically deals with the dialect employed by the Rohingya. In the text, Hamilton says that this is one of the dialects of the Burma empire “spoken by the Mohammedans, who have long settled in Arakan and who call themselves Rooinga, or natives of Arakan.”

Claims to earlier communities from 8th Century

There is an argument that the Rohingya community today is the remnant of a much older Bengali settlement that might even predate the arrival of the Buddhist communities. DGE Hall writes, “The Burmese do not seem to have settled in Arakan until possibly as late as 10~ century AD. Hence earlier dynasties are thought to have been Indian, ruling over a population similar to that of Bengal. All the capitals known to history have been in the north near Akyab.”(M.S. Coilis and San Shwe Bu, “Arakan’s Place in the Civilization of the Bay,” Journal of the Burrma Research Society, 50th Anniversary’ Publication, No. 2, Rangoon, 1960, p.486. Hall, D.G.E., A History of South East Asia. (London: Macmillan, 1958) pp328, 389.) and there is a record of Muslim trading in the area  going back to the reign of King Mahatyaing Chandra (780-810). Shipwrecked muslim sailors are said to have settled in villages in Arakan by decree of the Arakanese king. (Sir Arthur P. Phayre, Journal of the Asiatic Society of Bengal, Vol. XII, Part I, 1844, p.36. SLORC Government, Thathana Yong War Hmn Zay Poh. Rangoon, 1997, pp. 65-70. M.A. Rahim, Social & Cultural History of Bengal, Vol. I, Karachi, 1963, p.37. U Kyi, B.A. (History Distinction), Myanmar Jazawin Thi Hmet Bweya Apyapya, pp 156-157. The Glass Palace Choronicle, Vol. 2, p. 186.) Ceratinly, tehre is evidence of a large number of captives taken back to Arakan after the rebellion in Chittagong in 1246. As Bengal became Muslim in 1203, it is reasonable to assume that these captives were predominantly Muslim.

The kings of Arakan acquired Muslim titles from their association with Bengal. A stone inscription from 1442 speaks of Muslim kings of Arakan. It is certainly not clear that these were Muslim kings as is sometimes claimed.

19th Century observations of a distinct Muslim group in Rakhine

A protestant missionary, JC Fink who omits the term Rohingya but can hardly be describing another community says, “They were not Mughs converted to the Mahomedan faith, but bona fide Musulmans whose ancestors had been imported into the province from Bengal… Many still retain the language and habits of their forefathers;”

In 1834-1844, another Missionary, Cormstock records “within a few years past, many BengaleeMusselmans have immigrated to Arakan, to get higher wages and better living, than they could procure in Chittagong” (Notes on Arakan) and Charles Paton estimates the size of the Rohiongya population in Rakhine to have been about 1/3 of the total population. The Reverend Comstock puts it at a more moderate 10%. By 1869, when a more reliable census was conducted, it appears to be 5% rising to 30% in 1912. In James Baxter’s report on Indian Immigration in 1941, he estimates that 1/5 of the Rakhine population was of Indian origin. Much changed the following year when Burma was invaded by the Japanese.

It seems that a report published in The Scotsman, and reprinted on the same day in the Hindustan Standard in 1949 established the current attitude in Myanmar to the Rohingya. It reads:

“the great majority of Arakan Moslems are said to be really Pakistanis from Chittagong, even if they have been settled here for a generation. Of the 130,000 Moslems here, 80,000 are still Pakistani citizens.”

While a number of authors have confidently asserted like Andrew Selth, that “most Rohingyas arrived with the British colonialists in the 19th and 20th Centuries” (Burma’s Muslims:Terrorists or terrorised?”), there seems little further evidence to confirm this claim. Until the 1990s, in Myanmar, the same group that is identified in the 18th Century and is possibly enlarged by Colonial movements in the 19th and 20th Centuries is routinely been referred to by non-muslims in Burma/Myanmar as “Bengalis” or, during the Colonial time, as “Chittagonians”. In modern Burma, there are a range of often derogatory terms used to describe any Muslims, from “kalar” and “mus” and “Bengali”. To further confuse the issue, it is indisputable that a number of migrations from Bangladesh have swelled the Rohingyan numbers considerably, after 1971 and then again in the early 1990s.

Human Rights watch 1993 refers to “Burmese refugees from Arakan”; an account in 1995 by Martin Smith notes a distinction between

“those who have traditionally described themselves as ‘Arakanese Muslims’ as a religious group within the Arakanese people- and those Muslim nationalists, largely concentrated in the north, who prefer to call themselves ‘Rohingyas’.” (The muslim Rohingyas of Burma 1995)

In contrast, it is also well-documented that the Rohingya are not recognised as such in Burma/Myranmar. So, “the muslim Rohingya in Arakan State are not recognised as an ethnic group by the SPDC but rather are labelled as ‘illegal immigrants'” (Mikael Gravers 2007). Indeed, recent reports from Al Jezeera suggest that if Rohingya are prepared to accept that they are immigrants and have not lived for generations in the State, then they might stand a chance of getting residence permits. I fear this is simply a ruse to get Rohingya to confirm their status as aliens and to abandon their claims to a homeland.

A number of Burmese writers beginning with KhinMaung Saw have written a good deal to establish that there is not a reliable record of the term “Rohingya” in use before 1950. Indeed, the name itself is missing from the 1951 “charter of the Constitutional Demands of the Arakani Muslims”. But this is by no means a secure way to establish or deny an identity. Even the fact that there have been official acknowledgments of Rohingya rights at various times over the last 70 years should be enough to guarantee those rights today. More than that, a group and individuals confirming residence in the country for so many years should not be denied rights.

 

Recommendation

About a month ago, the British Foreign Secretary, Boris Johnson visited Myanmar, following up a visit by David Cameron in 2012. Although the military retain control over key ministries, and new laws about foreign relatives prevent Aung San Suu Kyi from taking up her rightful position as President, but even as Foreign Secretary, she is the effective leader of the country. There remains a significant exodus from Rakhine, with 66000 fleeing to Bangladesh because of a military crackdown since October. 65000 are registered as living in camps. There are stories emerging of brutality, arson, rape, murder and infanticide. This is unacceptable. But while condemning the violence, we must also condemn the “delisting” of the Rohingya and demand that they are given proper recognition. It is their lack of citizenship and questions about their identity that has encouraged such brutality. What is clear from even a quick review of the history of the Rohingya is that they have had rights to citizenship in the past and there are no reasons for the current Myanmar government to refuse these same rights today. Rather than silence or petulance about who interviews her, Aung San Suu Kyi should be giving proper leadership on this issue. She needs to ensure that ships offering humanitarian help are routinely supported, that a political solution is found, and that proper education and representation is provided to the Rohingya peoples and their Buddhist neighbours. This is an opportunity to empower the State of Rakhine as much as it is a demand that Myanmar observe international norms and demonstrate that prejudice and discrimination have no place in modern democracy.

Some other references

Aye, Sumon and Aung Ye Maung Maung. “Myanmar Arrests Hundreds After Mandalay Violence.” Voice of America, July 7, 2014, News/Asia. http://www.voanews.com/content/myanmar-arrests-hundreds-after-mandalay-violence/1952483.html.

VOA News. “Myanmar Police Break Up Buddhist Mob.” Voice of America, July 2, 2014, News/Asia. http://www.voanews.com/content/myanmar-police-break-up-buddhist-mob/1949083.html.

Reuters. “Myanmar Buddhists Threaten to Kill Muslims.” Voice of America, July 4, 2014, News/Asia. http://www.voanews.com/content/myanmar-buddhists-threaten-to-kill-muslims/1950712.html.

http://www.dvb.no/analysis/the-r-word-and-its-ramifications-burma-myanmar-rohingya/43271

The fact that a colonial power does not acknowledge the identity of a particular group or calls it something else should not be the basis on which the same group is treated in post-colonial times. Nor indeed has it always been in Myanmar. While local prejudice may have been on-going, it is only relatively recently that this has been compounded by National “delisting” and institutionalised Islamophobia.

 the designation “Rohingya” was completely unknown to the British who administered Arakan from 1826 to 1948. It is not to be found in any of the eight censuses compiled between 1872 and 1941. Nor does it appear in any gazetteers, reports or other official documents, nor yet in private reminiscences and correspondence. This total absence of any British record has readily been acknowledged by the Muslim politician U Kyaw Min, who was only released from prison in January 2012 and has a brilliant pedigree as a fighter for freedom and democracy, a former member of the Committee Representing the People’s Parliament during the dark days of the military regime, and currently chairman of the Democracy and Human Rights Party.

But U Kyaw Min went on to say: “Then what about some present-day Rakhine state ethnic peoples: Mramagyi and Dai-net who are also not found in British censuses?” The implication is that the British did not really know what was going on…” DEREK TONKIN 17th Aug 2014

Richard Hering (TV Journalist who has worked with indiginous people- “Plunder for Profit: the UK and Brazilian mahogany trade”) writes:

Colonial records can be a dubious source for establishing the history of an ethnic group, for all kinds of reasons. For instance, the favouring of one cooperative group over another may result in the mis-characterisation of the latter for political reasons, as happened in Kenya. The Belgian empire in Rwanda classified two inter-related and -married groups as Hutu or Tutsi based on their appearance, again for reasons of control, with genocidal consequences later. Often names are simply misunderstood or mis-translated, for instance the group known as the Kayapo in the eastern Amazon do not call themselves that name – it’s actually a rude name given them by other groups (“those who look like monkeys”). Also many indigenous peoples have in recent decades started to use again older names so as to revive or preserve their identity, or have taken an ancient name which does not have a strict continuous lineage, nor even necessarily an unimpeachable historical source, in order to argue for their rights as a people.

It is important also to see also this rebuttal of Tonkin: http://www.newmandala.org/wp-content/uploads/2014/09/Rebuttal-to-Tonkin-long.pdf

The ethnogenesis of the Rohingya which I have tried to sketch out in this article does not make it a more “artificial” or “invented” ethnicity than any other, but it does not fit easily in the all too narrow concept of “national races” as is currently understood in Burma: ethnic groups which were already formed as we know them now in pre-colonial times. Others, perhaps the Kachin or the Chin, would also fail the test, because the test itself stems from a misunderstanding of ethnicity and group formation, but it is the political context that has determined that the Rohingya, and the Rohingya alone, should fail it. Their mere existence as a people is a serious challenge to the weak mainstream historical narrative imposed by the military regime.

https://islamicommentary.org/2013/10/matthew-walton-a-primer-on-the-roots-of-buddhistmuslim-conflict-in-myanmar-and-a-way-forward/

Silence is Golden

The Anglican Church will learn, I hope, the harsh lesson the Catholic Church has finally begun to understand, that to interfere too much in the daily minutiae of political debate is to produce a contradictory, confused and ultimately meaningless flood of well-intentioned platitudes. There comes a time when what is said is simply ignored or rejected. The present Pope is indeed experiencing this- He is not necessarily saying the wrong things- he is simply reaping the whirlwind set in motion by his predecessors and his world-wide congregation has tired or what he is talking about.

It is really better to keep quiet.

justin-welby-by-tim-wilson

Today, Archbishop Justin Welby condemns the government for reneging on a decision never taken, namely to accept 3000 children as refugees to the UK. Of course, I warmly encourage our councils and our country to open their arms to these children and to refugees of all ages, but I recognise that there must always be a difference between what we want to do and the way we allocate the resources we have available.

Last year, about this time, the Archbishop made an extraordinary statement that it was not racist to complain about migration. I thought he was utterly wrong then and I still think so now, but his pronouncement today seems to be completely contradictory. The only logical conclusion is that, in the absence of a credible opposition in the House of Commons, the Archbishop has taken it on himself to play the role so resolutely abandoned by Jeremy Corbyn. Sadly, this is not the office to which the Archbishop has been appointed.

This is what he said last year:

He said that to be anxious about “one of the greatest movements of people in human history” was “very reasonable”. He added: “There is a tendency to say ‘those people are racist’, which is just outrageous, absolutely outrageous.” This was noted to echo the claim that “it is not racist to impose limits on immigration”

At the time, there was a good deal written about the difference between a refugee and a migrant, though in fact that distinction is a legal one, requires a lengthy process, and is rarely established at the border.

welby

But this is what he said this year, today:

“Our country has a great history of welcoming those in need, particularly the most vulnerable, such as unaccompanied children.

“Refugees, like all people, are treasured human beings made in the image of God who deserve safety, freedom and the opportunity to flourish. Jesus commands us to care for the most vulnerable among us.”

“I very much hope that the Government will reconsider this decision, and work with church groups and others to find a sustainable and compassionate solution that allows those most in need to find sanctuary in our country.”

I agree with the sentiments he expresses but his own U-turn is astonishing. Ironically, the Coventry Telegraph headlines its article on this subject: Archbishop of Canterbury criticises U-turn on child refugees scheme. Something here about the pot and the kettle!

Leave the talking to someone else.

There is an opportunity to question the Government’s decision, my Lord Archbishop, but not with this dodgy track-record. It is simply unbelievable and it cheapens the debate.

The Immigration Act 2016

Lord Dubs helped to amend the Immigration Act last year to allow a number of unaccompanied children to come to the UK as refugees and to be settled in local councils here. So far, 200 children have arrived under the terms allowed and a further 150 are due shortly. 700 who came to be re-united with their families are already here. The aim, said Lord Dubs, was to help about 3000 children. This number was, however, never formally agreed by Parliament.

In fact, the UK has taken nearly 5000 Syrian refugees, including a great number of children so it would be wrong to overstate, as Lord Dubs does today, that the Government is “shutting the door on some of the most vulnerable refugee children”.

I have no doubt we could do more.

More than that, I have great respect for Lord Dubs who was very generous with his time when we were fighting Necati’s adversaries in the Greek navy. I also deeply respect his background as one of Nicky Winton’s kindertransport children. He knows from personal experience about “vulnerable refugee children” and he is right to urge that we do more. He is wrong, however, to be too prescriptive.

I am afraid, therefore, that the story appearing in the Press today is a bit of a paper tiger, designed by the newspapers to stir up trouble rather than to provide solutions. In a time when racism and islamophobia are daily on our doorstep, it serves no purpose to put such a negative slant on the statement by Robert Goodwill.Robert Goodwell is not issuing a Trumpist decree! I also have no doubt that Mrs May agrees we should keep doing all we can to help those dispossessed who turn to us for assistance but –  there cannot be a single solution.

This is, in fact, the flip-side to the labour amendments put forward unsuccessfully to the Article 50 bill. Amendment 6 was fine in principle but 8 was utterly absurd. Both amendments were calculated to cause maximum political chaos and neither really was, therefore, realistic. I am pleased the issue of granting citizenship to current resident EU citizens, however, is being voiced properly, but like the refugee crisis, there is a difference between what can be agreed politically and what is simply a moral fact. It does not and should not take an act of Parliament to make a moral decision.

Moreover, I believe to tie the future of EU citizens to negotiations after triggering Article 50 runs the risk of seeing these people as nothing more than pawns in a giant game of chicken. We are infinitely better than that.

dubs1

So, when the Bishop of Croydon says, “The Dubs amendment, as Alf Dubs originally put it forward, proposed a commitment to 3,000 children and ministers signalled that the Government would abide by the spirit of the original amendment. There is a huge question over how about 400 is in the spirit of 3,000,” the fact remains that the commitment to take 3000 children was never agreed to be part of the law. That may have been the proposal. It was never the law. And more importantly, bashing on about numbers like this, we run the risk of scuppering any goodwill at all.

Goodwill is bigger than bureaucracy and I worry that we often miss the point trying too hard to cross the “t”s and dot the “i”s.

Necati’s case update

The incompatibility of the definition of torture in Greece with international law

This is what was written by Nikolaos Sitaropoulos:

Necati_at_westminster.jpegIn the course of its visits since 1993 and reports on Greece the European Committee for the Prevention of Torture (CPT) has recorded numerous cases of torture and other forms of ill-treatment. In its 2015 visit report on Greece, CPT noted that infliction of ill-treatment by law enforcement agents, particularly against foreign nationals, including for the purpose of obtaining confessions, continues to be a frequent practice. As noted in an earlier post, ill-treatment in Greece has in fact acquired an institutionalised form. For this, CPT considered essential for the Greek authorities to promote a “culture change where it is regarded as unprofessional to resort to ill-treatment”.

The latest report by CPT made also clear that one of the major reasons for this state of affairs is impunity due to lack of convictions. One of the major reasons for this is the problematic definition of torture in Greek law. This definition was introduced into the criminal code (Article 137A§2) in 1984 by Law 1500, although introduction of statutory legislation was prescribed already by Article 7§2 of the 1975 Greek Constitution. Torture is defined in Article 137A§2 primarily as the “planned” (μεθοδευμένη) infliction by a state official on a person of severe physical, and other similar forms of, pain. Under the established Greek case law and doctrine in order for the infliction of pain to be considered as “planned” it must be repeated and have a certain duration.

Domestic Greek law and practice on torture is clearly at variance with international human rights law standards. This was highlighted by the European Court of Human Rights (“the Strasbourg Court” or “the Court”) in 2012 in Zontul c. Grèce, a case concerning a Turkish asylum seeker who in 2001, while in detention on Crete, was raped with a truncheon by a coast guard officer. The naval tribunals, both in first instance and on appeal, did not qualify the applicant’s rape with a truncheon as torture but as an affront to the victim’s sexual dignity, an offence that, under Article 137A§3 of the criminal code, is sanctioned with imprisonment of at least three years (while torture is a felony and punished with at least five years’ imprisonment). In Zontul the actual penalties that were finally imposed on the main perpetrator and his accomplice were six and five months’ imprisonment, which were suspended and commuted to fines. The Strasbourg Court found a violation of Article 3 (prohibition of torture) ECHR noting, inter alia, that a detainee’s rape by a state agent has been considered as torture in its own case law as well as by other international courts, such as the International Criminal Tribunal for the former Yugoslavia.

Indeed, the conditioning of torture upon the existence of a “planned” infliction of severe pain raises serious issues of compatibility of the Greek criminal law with international human rights law. Firstly, it finds no ground in ECHR and the Strasbourg Court’s case law. In 2010 in Gäfgen v. Germany, the Grand Chamber of the Court noted that in determining whether ill-treatment can be classified as torture, consideration must be given to the distinction  between this notion and that of inhuman or degrading treatment. The Court added that  it appears that it was the intention that ECHR should, through this distinction, attach a special stigma to deliberate inhuman treatment causing very serious and cruel suffering. Apart from the severity of the treatment, there is a purposive element to torture. To support this the Court noted, as primary treaty-reference, the 1984 Convention against Torture (CAT), where (Article 1) torture is defined in terms of the intentional infliction of severe pain or suffering with the aim, inter alia, of obtaining information, inflicting punishment or intimidating.

As noted by the Strasbourg Court in Zontul (para. 47) in fact the draft text of CAT provided the model for defining torture in Law 1500/1984 that introduced the definition of torture into the criminal code. In addition, Greece by Law 1782/1988 ratified CAT, without any substantive reservations to the text of that treaty. Actually Law 1782/1988 constitutes a literal transposition into Greek law of CAT, including the definition of torture contained in Article 1 CAT. In view of the above it is hard to understand the deviation of the criminal code definition from international standards that appeared to guide the Greek law makers in 1984. The only logical explanation may be a wrong translation into Greek of the wording of Article 1 CAT.

In addition, the word “planned” is a vague term from a legal point of view that may ignite various interpretations. By its 2012 concluding observations, the UN Committee against Torture called on Greece to amend the torture definition in the criminal code so that it is “in strict conformity with and covers all the elements” provided for by Article 1 CAT and meets “the need for clarity and predictability in criminal law”.

The current wording of the Greek criminal code, and its application by the Greek courts, is clearly at variance with both CAT and ECHR and needs to be amended. Under Article 28§1 of the Greek Constitution, CAT and ECHR upon their ratification became an integral part of domestic law and prevail over any contrary provision of domestic law. As noted by A.A. Fatouros, when debating the above provision in 1975 in parliament, there was an overall agreement among the law makers that the Greek Constitution by Article 28§1 gives enhanced formal validity to both customary and conventional international law so that they prevail over both prior and subsequent statutory legislation. In fact the then Minister of Justice stated that the Greek government accepted the increased validity of treaties par excellence.

The execution by Greece of Zontul is still subject to supervision, under Article 46 ECHR, by the Council of Europe Committee of Ministers (CM), along with ten more cases (Makaratzis group of cases) against Greece concerning, inter alia, excessive use of force, ill-treatment by law enforcement officials and lack of effective investigations. The CM supervision has so far focused on the need for Greece to establish an effective administrative complaint mechanism for such cases. A mechanism provided for by Law 3938/2011 never became operational. Law 4443/2016, published on 9 December 2016, defined the Greek Ombudsman as the new national complaint mechanism covering all law enforcement and detention facility agents. The Ombudsman was given the competence for collecting, registering and investigating (also ex officio) individual complaints, and was accorded the power of issuing a report with non-binding recommendations addressed to the disciplinary bodies of the law enforcement authorities concerned.

Although this is a positive step, concern about the effectiveness of this new mechanism has been voiced by the Council of Europe Commissioner for Human Rights in a letter on the draft law which he addressed to the Greek government in July 2016. The primary reason for this concern is the non-binding force of the Ombudsman’s recommendations. However, even if the new complaint mechanism had been provided with stronger safeguards of effectiveness it would not have been in a position, on its own, to provide redress to victims of torture without an amendment of the criminal code or a change of the established domestic case law.

As stressed by the Strasbourg Court (see e.g. Zontul; Gäfgen) in cases of a person’s ill-treatment while in detention, or wilful ill-treatment contrary to Article 3 ECHR, adequate means of remedy is the one provided by criminal law. In order for an investigation to be effective in practice the state should enact criminal law provisions penalising practices that are contrary to Article 3. The Court in Zontul made it clear that the current Greek criminal code and case law do not fulfil this vital requirement. The best solution and way forward would be an amendment of Article 137A§2 of the criminal code so that it is fully aligned with the standards contained in ECHR and CAT.

Published at: http://verfassungsblog.de/the-incompatibility-of-the-definition-of-torture-in-greece-with-international-law/

Maybe clause six but never clause eight!

There is a thing going round Westminster today called “the wrecking amendment” and it wrecks in two ways. Firstly, if it goes through, it will seriously damage the chances of triggering article 50 (which may well be the intention) and secondly, it assumes a power to which Parliament has no right. The “wrecking” amendment is not clause 6 which rightly, in my opinion, states that EU nationals living in the UK should be guaranteed the right to live here. The labour amendment, however, suggests (I think wrongly) that this right should be guaranteed on the date that Article 50 is triggered.

Instead, I think these rights should be unilaterally accepted before we even enter into negotiations. This approach represents a mark of good-will, a moral standard and a commitment to the wider concept of European integration that I trust the referendum will never scupper. Indeed, despite news today that Mr Farage’s marriage is on the rocks, he led the way in marrying a German national, setting out in quite domestic terms, a commitment to European identity that seemed at odds with his vigorous campaign against the power of Brussels. Of course, I do not share most of Mr Farage’s views, assumptions or political ambitions, but I know that on a personal level he has proven to be a good man and he remains one of the best speakers in the UK. Indeed, I have heard him praised by members of our own Conservative cabinet, who point to his personal discretion and his sense of honour. this is to say nothing about my reservations about his brand of demagogy and his confusion of democracy and populism but when Mr Farage finally retires and where, we will be the poorer for it when he is fully eclipsed by the dreadful people currently taking on the leadership of UKIP.

And here is the core of the “wrecking amendment” because it is put forward by people who think a statement is more important than a credible achievement. King Canute was a twit. He was in his own way quite as mad as King Lear raging against the elements on the moor. Words are just words if they can never be translated into actions, but more than that, words are a record of what we should do, and they can cripple progress if they are actually proven to be meaningless. I salute clause 6 with reservations, but I hope clause 8 will be fully rejected as the absurdity and arrogance that it represents. It is silly to bind the EU to accept both article 50 and clause 8! It makes the whole thing a joke and that is how it will be seen. More than that, I do not really think it will not wreck the Brexit plan. It simply makes us look unrealistic.It puts us in the same boat as Varoufakis- teasing an entire contin ent with some sort of limp gamesmanship. It did notwork for Varoufakis. I cannot see it working for us.

yiannis

Clause 6 should be a moral statement, and nothing at all to do with the Brexit treaty negotiations. It should be a Statement of our National Integrity. To place clause 6 in the context of article 50, or to balance clause 6 with clause 8 is no more than Mrs May is already planning- to negotiate a frankly demeaning tit for tat deal on the care of our respective nationals living abroad. What folly!

The matter of EU Citizens in the UK

I am delighted that this issue is receiving more and more attention and support. I hope the Prime Minister will take note and act appropriately. If Mr Junker and his cohorts wish to bargain with people’s lives in this way, we in the UK should make it clear that there is a moral high ground and we have taken it. I am astonished m. Junker did not seize such ground himself but I am deeply disheartened that Mrs May has, even now, left it so long.

We need to reassure EU citizens resident here at the time of the Referendum that, whatever the outcome of future negotiations with the EU, we acknowledge and confirm that their faith in Britain was not and will not be misplaced.

Here are my scribbles during the lunchtime news a few minutes ago. I am afraid I am so busy with Edward Lear, he has crept into this page anyway… Apologies.

david-davis-brexit-by-tim

Dom Wolf

The Guardian thinks it is going to cause trouble by personalising an issue that I have mentioned a few times.

The story of Dom Wolf, a British born man of 32 who accidentally has a German passport, however, makes uncomfortable reading. He is not alone in finding himself embroiled in an expensive, frustrating and time-consuming battle with the Passport office. His story comes hard on the heels of Sam Schwarzkopf and Monique Hawkins, both of whom received rather aggressive form letters telling them to prepare to leave the country as far as I can tell because they had not included their original passport with the application form, an option, incidentally that was advised or at least permitted.

To be honest, the Passport office has already issued an apology to Schwarzkopf but it is not quite enough: this is what he was apparently told:

“My MP got involved in this, writing letters to the Home Office, and this was very helpful. At first they explained that this was simply the way they write their rejection letters, but eventually someone wrote back with an apology. More importantly, they said they would take this issue on board and consider changing the phrasing. From the story in the Guardian, it sounds that at least so far they haven’t changed it yet.”

The Monique Hawkins issue raised another anomaly which her husband explained:

“As a British citizen, I had the expectation that marrying someone from abroad would automatically give them the right to become a British citizen. That seems to be the case unless your wife happens to come from the European Union,”

The issue is not really about the chaos of the bureaucracy but about our failure to grasp the moral nettle. We should certainly not be waiting for the EU to decide whether British nationals can legitimately remain in EU countries after Brexit before we decide the fate of those EU nationals who have been staying here often for many years. We should take the initiative and leave the EU officials to play catch-up. It should not be a game of tit-for -tat and this is not the major negotiation we should be having with the EU. Success or failure on this point would be cheap and cruel. There are some issues that simply should not be up for negotiation- a line should be drawn in the sand and we should move on from there. If the EU does not agree, then the EU will be the one to look morally shoddy.

We need to “man up” and seize the moral high-ground here because the longer we wait to see whether “brexit means brexit” on this particular issue, the uglier it will become.

dom-wolf

Greece takes responsibility

There is news today of refugees accepted in Greece because they had been raped by Police and security guards ( or specifically, a “government official” κυβερνητικό αξιωματούχο) in Syria. The newly established ΣΥΔ has, to date, taken on 30 cases, 9 of which it has accepted immediately according to the article which I am reprinting below.

While there are many reasons to be critical of Tsipras and the Syriza government,  and while I think their management of the economy is a disaster, I applaud their record on human rights. Indeed, recent news of the EU’s irritation about a Christmas payout to pensioners highlights the fact that Syriza are determined to take responsibility for the society they are running rather than cow-tow to a discredited EU.

tsipras-tim

It has now been 16 years since Necati was assaulted in Greece and over 5 years since the ECHR found against Greece. This story, in other words, I think, draws a line under what happened. Progress has been made.

https://en.wikipedia.org/wiki/Necati_Zontul

http://www.redress.org/case-docket/necati-zontul-v-greece-

https://oxford.indymedia.org.uk/2007/08/377964.html

https://www.indymedia.org.uk/en/2006/06/343170.html

http://indymedia.org.uk/en/2005/12/330586.html?c=on

Tsipras

Αθήνα

Δεκτό έγινε το αίτημα για διεθνή προστασία ομοφυλόφιλου πρόσφυγα από τη Συρία, ο οποίος είχε δεχτεί στη χώρα του ακραίες διακρίσεις για τον σεξουαλικό του προσανατολισμό και βία που έφτασαν μέχρι και επανειλημμένους βιασμούς του από κυβερνητικό αξιωματούχο.

Την υπόθεση έκανε γνωστή το Σωματείο Υποστήριξης Διεμφυλικών (ΣΥΔ), αναγνωρισμένο μη κερδοσκοπικό σωματείο εθελοντικού χαρακτήρα για την προστασία των δικαιωμάτων της τρανς κοινότητας.

Η συνέντευξη του πρόσφυγα έγινε στις 19 Δεκεμβρίου στην Υπηρεσία Ασύλου με την παρουσία των ειδικών συμβούλων του ΣΥΔ, σε θέματα ασύλου, Άννας Κουρουπού (Γενική Γραμματέας) και Άννας Απέργη (Γραμματέας Περιφέρειας ΣΥΔ), που έδωσαν όλο το περίγραμμα των λόγων που ο αιτών έπρεπε να τύχει διεθνούς προστασίας ασύλου, ενώ κατατέθηκε υποστηρικτικό Υπόμνημα από το ΣΥΔ που εξηγεί αναλυτικά τη νομική βάση του αιτήματος της συμμετοχής του σε ιδιαίτερη κοινωνική ομάδα λόγω κινδύνου δίωξης ή της σωματικής του ακεραιότητας λόγω σεξουαλικού προσανατολισμού.

Το ΣΥΔ από την αρχή του 2016 έχει υποστηρίξει περίπου 30 υποθέσεις αιτούντων διεθνούς προστασίας ασύλου λόγω σεξουαλικού προσανατολισμού και ταυτότητας φύλου, εκ των οποίων εννέα έγιναν δεκτές στον πρώτο βαθμό, σε άλλες δύο υποθέσεις έγινε δεκτό αίτημα μετεγκατάστασης σε άλλη χώρα, τρεις απερρίφθησαν στον πρώτο βαθμό εκ των οποίων μία θα υποστηριχθεί και στον δεύτερο βαθμό, ενώ οι υπόλοιπες εκκρεμούν προς εξέταση.

Newsroom ΔΟΛ

A gift at the end of Ramadan!

Turkey has been variously criticised by the EU and pilloried in the recent Referendum debates, but as Ramadan ends, it has announced that over 3 million Syrian refugees are to get automatic Turkish citizenship: this goes much further than Merkel’s demands for harbouring returned migrants and it is a statement of solidarity with the dispossessed that should make the whingers in our own referendum debate hold their heads in shame.

erdogan

The care for victims of warfare is a feature of all three of the great religions that come from the middle east and it has been shocking how slowly we have dragged our feet while still whittering on about Christian values.

Gazi-ahmed-ramadan.jpg

As Ramadan finishes tomorrow, therefore, we can celebrate with some satisfaction that at last there is a proper response.

More worryingly, there is news coming from Athens that former German Transport Minister, Peter Ramsauer, part of a delegation headed by the German Vice Chancellor, and already linked to allegations of anti-semitism, apparently told a photographer, I understand, both in German and in english, “don’t touch me, you filthy Greek”. I suppose his bilingual effort was to ensure no one thought this was an accidental bit of racism.

peter ramsauer

Peter Ramsauer is known to want to refuse Greek any further bailout money, and he is also famous for making a fuss, rather like the French have occasionally done, about borrowed english words used in modern german, so it is odd he should have translated his bilious comments, if indeed he ever uttered them. He went on to facebook yesterday to claim that he had said nothing. It is all the fault of the photographer “who later appeared to be obviously Greek” and who had pushed him. I wonder how this photographer can have appeared so obviously greek at a later stage? had he not appeared so Greek earlier? The good Dr Ramsauer would be well advised to avoid using the word “obviously” in all instances- as a rule of thumb, if something is “obvious”, it does not need to be mentioned and if it is not “obvious”, then the word is inappropriate.

I had dinner a few nights ago with a German minister who is married to a Greek. Both deeply charming! I wonder how Herr Ramsauer deals with that couple in the vaulted corridors of the Reichstag? The story of this exchange makes some of our own British bigots look positively cuddly.

Importance of History

I attended an exhibition day on Wednesday at my old school, Ratcliffe College, and I was able to publicly thank the outgoing headmaster Gareth Lloyd for the spectacular turnaround in the School’s fortunes over the 7 years he has held the post. I will post some of my talk at a later date but the key point in all the speeches throughout the day made by the Headmaster, Fr President, the Chairman of the Governors and coincidentally by me too, was the importance of kindness. That is something that has been conspicuously absent in the referendum debate and the subsequent and chaotic fallout as politicians have scrambled over one another to sabotage the future.

ratcliffe cloisters

The occasion at Ratcliffe was, of course, dominated by talk of Brexit and quite alot of discussion about UKIP and my role in the UKIP story. (I think some people had rather cleverly checked me out on the internet) I was fairly honest in my response: while there are many good people attracted to UKIP and while its leader remains one of the few great orators in the country, it is, nevertheless, controlled by a balding militant thuggery snatched from the BNP and NF. This may have been a party ruled by bullies and twits, but it also attracted spectacular and honourable people like Douglas Carswell and Councillor Sean Connors. I count Sean as a good friend and a very honourable man. I also have time for Mark Reckless, now a member of the Welsh assembly. Credit where credit is due.farage ukipper flat

I joined UKIP with the intention of playing a leading role in the way it developed, or identifying and exposing the racism that everyone told me was there. In fact, I was offered both opportunities at about the same time. I chose to expose the racism.

The rise in racist and extremist abuse since the Referendum means that there are many who believe the racism in UKIP is endorsed by the “Leave” result. It is not, and there are many people in UKIP, who would be appalled by the suggestion that they have anything to do with, or would ever condone racism. More than that, there is extremism on both sides: my point is that it feels it has been sanctioned, and that is a message that needs to be addressed and condemned.

RobertBlay threats

As a Conservative, I find the libertarian aims of UKIP fairly laudable, but this is mixed with long-standing and often ill-considered ravings about the EU that in the end informed and dictated the tone of the recent referendum as well as giving structure to Conservative euro-scepticism, whether Farage was part of the official Leave campaign or not. I was in some difficulty throughout the campaign because I believed and continue to believe that, while the EU is seriously damaged, the European project, nevertheless, and because of our shared history, remains a fundamentally sound one. I felt that the Remain campaign was emphasising the wrong things (fear and greed), appealing to the wrong people (experts) and singing to a songsheet promoted by Farage. In the few debates I attended, the “remain” pitch was made by people peddling weak claims about something that had long since been dismissed as folly. In contrast some brilliant people, particularly our local MP Chris Heaton Harris, made a reasoned and impassioned case for “Leave”. And Chris was fairly unique in specifically saying he would not play the immigration card. If Chris had dictated the terms of the debate, I would have been a “Be-Leaver”. Indeed, at Chris’s encouragement, I contributed animated adverts at no cost specifically to draw attention to the appalling treatment by Europe of our fishing industry, something we must address whether we are “in” or “out”.

lord-lawson

I was also appalled and have spoken and written about the abuse of Greece by Germany in particular (Greece had a referendum and Europe made it have another when the result was judged to be “wrong”). Our debate about Sovereignty was made clearer by seeing the sovereignty of Greece ripped away.

But it was Farage’s silence over racism and his indulgence of the powerful thugs in his party that convinced me this campaign would head in the wrong direction and that we might threaten or might leave Europe for the wrong reasons sending a very confused message. This has proven to be the case. The overall debate was controlled by Farage, and while Boris fought hard to wrestle the mantle from his shoulders, he must have found it tough to swallow the nonsense about Turkey’s accession and the £350 million that now Farage says he never endorsed (It was, nevertheless, in the literature I was given a year ago by UKIP). Believe me, I would have done the same thing – Boris had no choice and to his credit, I think, and in the end, Boris made the Leave campaign his own. More than that, he managed personally to avoid any hint of racism and indeed, as far as he was able, temper the debate.

I feared that whoever brought down a man as powerful as Farage was unfortunately doomed. And my fears have been fulfilled. Boris is a brave and noble man. He has taken one for the team.

BECAUSE there could have been nothing worse than giving Farage a place at the negotiating table or rewarding him with a role in government. Knight him and let him leave!

Farage demonstrated to me last year very clearly that he is a man wholly without honour and that those who follow his lead, also abandon honour and integrity. When one of his elected cronies made a foul and public racist comment against a sitting politician, Farage dismissed it as a joke.

coburn

More than that, when I took a stand to support Humza Yousaf, the Scottish minister for Europe, my family was attacked by a sinister local UKIP councillor who thought that a smear and a distortion of facts was an effective and proper response to my resignation. He offered no apology, and nor did his master, Farage.

adam

Both promised to write to me after the election and neither did. Both promised to resign and neither did. Both said exactly what they thought the public wanted to hear at the time and then they did their own thing. This is demagogy and not democracy.

hitler

Referendums

People do not always read the lessons of history. For example, both Napoleon and Hitler turned to the Plebiscite, today’s “referendum” to justify their actions. It may be a tool for democracy but it is also a weapon of tyranny. Today, the web is filled with cries of “foul”, and whimpers from people who felt they voted the wrong way, and now regret their vote, or claim that 63% of the youth vote simply did not bother to vote. Some people blame Jeremy Corbyn and others blame the Glastonbury festival for that!

corbyn-tim

A blueprint for tomorrow

But the Leave vote has happened and we should be looking forward to finding solutions that reflect the reality – ensuring at the same time that Scotland, Ireland and Gibraltar are fully anchored to the UK, and also keep their place in Europe. There is even a case for London to retain its place as the financial hub of the EU while at the same time, pulling back the tide of EU bureaucracy from the shires. The EU is either a supra-national entity or it is dependent on the Nation-state. I think this is an opportunity to show the way the EU can work around Nationality and work with rather than against National and regional sovereignty. It should not be a case of choosing the EU over our nation but of accommodating both if necessary and at various levels of association. This is also a blueprint for establishing fully devolved and fully accountable local parliaments. I wrote a few days ago about the absurdity of pitching Nationalism against Federalism. Actually, with some flexibility and some grace, we can embrace the best of both.

fyfe

Our contribution to the EU

There are points to be made in favour of Europe and we may have to visit these over the negotiations. We need to look at ways to effect reconciliation rather than to drive a hard-bargain and we need to emphasise our overall contribution to the European project rather than posture as Farage has done and claim that European ministers have never had proper jobs. At the top of the list of contributions we have made to Europe is the Charter of human rights, the very thing that irritated so many people in my own party. The draft for this was written by a man called Maxwell Fyfe who became the Conservative Home secretary in Churchill’s peace-time cabinet. This was seen as the bedrock of a new EU-wide set of values, and it became our own in time. It was a British vision that anticipated the repeal of hanging, the institution of equality laws and the eradication of torture. This is a cornerstone to the modern Europe and I have successfully taken a case through the ECHR and helped to redefine the way the law is interpreted both internationally and nationally. I have a personal stake in this Charter.

Our role in History

More than that, I believe we have consistently gone to the aid of Europe in crisis, and to that end, fought two wars in Europe. Today, the Greek sovereignty issue is demonstration enough of the depth of crisis in Europe. Immigrants come and go and the immigration issue is actually a passing problem while the sovereignty issue drives to the heart of current EU abuse. It is not a time to be turning our back on Brussels but a time to engage fully with what happens across the channel and ensure that a long term-view, and that fairness, common-sense and goodwill are paramount. When Lord Fyfe wrote the charter, we were not a member of the EU. That clearly did not prevent us from playing a decisive role in the way the EU was established and the values it promoted.

Our Future

Whatever our legal relationship with the EU project, I think we should be determined to  play a pivotal role in securing the values we hold dear. It is in Europe’s interest and in ours to see that Europe works properly. It is not working properly now and nor are we. We can both do better and we need to work together.