Recent Posts about Ukraine war

It may be time for a Government of National Unity

We need a government of national unity if we are to emerge from this combination of crises- (i) Covid (ii) Brexit and (iii) the Threat of world war. We need to do it now! We need a proper Home Secretary and a coherent Foreign Secretary and we need a healthy Arts industry to give us hope in difficult times, just as the Arts led us so adroitly through the last two world Conflicts. We need people of vision rather than bullies and puppets who cannot read a script or seize the initiative. Raab, Patel, Truss, Gove & Dorries must follow Williamson and Hancock and leave the Government. They are deeply damaged and they are doing further damage to the UK and to others who seek our help. This is not the time for slogans and lip-service. This is a time for action and vision.

What the Ukrainian FM said
Comments on press meeting following FM summit in Turkey

Lavrov’s fantasy diplomacy and fake claims

More on Liz Truss’s stupidity

Evidence of Torture in Russia recorded by a brave victim

My encounter with the Russian Ministry of Education
Kirill Destestable prelate and patriarch of Moscow spreads lies and bigotry
About Russian Propaganda
Update on day 16 of the war
My friend the rapper Oxxxymiron cancels russian concerts and plans a fundraiser for Ukraine in Turkey on March 15th
Russian pilot condemns the war

Asylum mess

The Queen’s speech signalled a new bill that will make it much harder to gain realistic asylum in the UK while at the same time, because of inadequate international agreements, applicants could easily find that they cannot go back. They cannot go forward and cannot go back. Priti Patel has just revived the concept of Limbo that was itself jettisoned by the Catholic Church during Vatican II in 1962.

And Vatican II is an important link given that the whole Brexit enterprise might best be traced back to a coffee shop pact by the wondrous Jacob Rees-Mogg, as well as the now derailed Mark Reckless and Daniel Hannan back in 1990 in Oxford. Dear Jacob! But he, at least, is a man with imagination and humour- he might even manage some maths. None of this is in evidence when we look at the present Home Secretary.

Priti Patel joins a list of British politicians, instead, who think it is clever to promote and rely on mindless bureaucracy: it is this reliance that has seen the endless rise of the Jon Stone tag “abolish the Home office”. But if that ever happened, it would simply replace one bunch of papers with another! Simply because something is on a bit of paper, Priti Patel supposes like Theresa May, before her, that it has meaning. Ideology and prejudice comes before reason, even history and personal history as well- Her parents, for instance fled Uganda a few years’ before Idi Amin stripped Asian citizens of their rights and expelled them. Her parents, Gujarati immigrants, had seen the writing on the wall and came here where they were welcomed into Britain. We have to ask what their chances would be if they were to be faced with the same threats today, particularly if their daughter passes the legislation she intends. Sadly, as we shall discover, if this legislation goes through, people with just as good a reason to start a new life here will be denied that opportunity and we shall be denied their new vision and courage. More than that, we shall be setting an example to other countries – maybe we are doing so already if Mr Barnier’s nonsensical bid to be the next French President is given a chance.

The preamble to Patel’s draft law talks about “faster and fairer” means to process migrants, and about “better support for the vulnerable”. It also decries the deaths at sea as migrants are abused at the hands of smugglers and piled into boats ill-equipped for the voyage and the numbers -so, she promises to deal swiftly and firmly with people smugglers- all well and good. Then, it takes a sharp right turn, because it blames the migrants or refugees or asylum seekers- the nomenclature is fairly nebulous at this stage- for choosing to come to Britain by the wrong route.

This language probably calls to mind the Robert Frost poem, a much maligned piece of writing that many people believe they know and that has been bandied about by advertising execs – even to pitch Ford cars in New Zealand- as a statement of self-assertion. It is, however a deceptive piece of writing, as indeed, is this draft law by Priti Patel. “I took the one less traveled by” may be what the poet eventually says he did but if you look more closely, both roads “equally lay / In leaves”, the way was unclear and “the passing there / Had worn them really about the same.” In other words, it was not choice but chance that led the poet to take the road “less traveled by”. And that chance is tinged with some regret.

This distinction between choice and chance lies at the heart of what is wrong with Priti Patel’s legislation. A migrant fleeing a rogue state is often in no place to note where help comes and who is offering passage to a better life. We should not blame people who have already suffered for the people and route they trusted as they escaped although I concede there may still be a small number of people who have been trying to play the system.

Priti Patel, however, is turning us back into Victorian prudes who look down on the dispossesed and brand them “deserving or undeserving”. The criterion she offers for this distinction is simply the road they travelled to get here. Patel’s bill is a law drawn up in an ivory tower that ignores circumstances- that does not care whether someone was coerced into taking one route rather than another or did not have the knowledge or the paperwork to detect the difference. It also plans to penalise people with a criminal record- but one wonders which criminal record will be recognised- will someone be further punished by Britain for being wrongly accused and convicted of a potentially spurious offence in a rogue state? The language would need to be very carefully thrashed out. At the moment, I fear Rhetoric and posturing are more important in this bill than common-sense and I worry that it will descend into a box-ticking piece of bureaucracy that will simply fail to help those we should be supporting. And those who know how to handle the system- not necessarily those we should be supporting- will have the means to steer through the hurdles miss Patel has erected. This is not compassion for the victim.

What is most worrying is that we look set to turn our back on legislation we helped to define- the UN Refugee Convention of 1951 talks about giving refuge to the needy and talks specifically of helping those with a “good cause”. This is quite a different matter to asking for migrants to be penalised for the route they took and I worry that it will get overlooked in the enthusasm for trimming back migration. This, in any case, is a paper tiger as we already take far fewer refugees than France and Germany.

Instead of thinking of ways to tie up applicants in endless red tape and leave them to the mercy of the authorities for years on end, we should be thinking of the contribution and committment that generations of refugees have already made to our country not least the the NHS and public transport, both still crying out for applicants- and not all of these former refugees are on the socialist left. We have a tradition of hospitality and a tradition of welcoming and embracing the needy traveller. This is not about discouraging greedy migrants, or those who come here to batten on our services. This is about our response to the genuinely desperate who will transform our society with their enthusiasm, passion and appreciation. Instead, we are potentially setting up a 5th column of trapped and failed asylum seekers who cannot be sent back to Europe because we quit the Dublin regulation when we effected Brexit. We will be in a stalemate with hundreds or more people trapped- because they cannot go back and take another route- what they did in the past, for whatever reason will have defined their present predicament.

“Yet knowing how way leads on to way,
I doubted if I should ever come back.”

These sorry people will eat up our resources- they themselves will be unable to work, but they will need to be constantly monitored and fed, they will need to draw on legal and social support which might otherwise be better servicing others. We will, in one stroke of Priti Patel’s poisoned pen, be creating a community of the dispossessed, despised and rejected whose numbers can only increase and who cannot go anywhere else. And, even if we can finally be rid of a handful of them, we will be sending back those few individuals who have learnt to hate us and to hate our unfair, selfish and egregiously dishonest system.

We can already see the fruits of this proposal in M Barnier’s comments today. We have dared to suggest the unspeakable and rip out the ethical bedrock that supports our society and literally repairs the world in Chasidic thought (תיקון עולם), the principle of hesed (חֶסֶד) or “loving kindness”, the principle that allows a person to speak and plead their case, however they came to be here. Suddenly, our unprincipled proposals make it reasonable for Euope to revise the very rule book that caused such a delay in Brexit, and to be done by the man responsible for that delay. I am flabberghasted, therefore, perhaps more by Barnier’s Chutzpah than by Priti Patel’s contempt for the history and for the traditions of hospitality that we have nursed as a civilized country for centuries.

Barnier started with the reasonable proposition that “There are links between immigration flows and terrorist networks which try to infiltrate them,” but he went on to parallel Patel and identify immigration as a “threat to French society”. His solution is not so different to Patel’s- his pause of 3-5 years simply makes the stranded and dispossessed wait on the french border. Patel at least locks them down in middle england. But it is essentially the same message and it is horrifying: whole communities in stagnation -waiting for help that may never come.

Barnier says, “We need to introduce a moratorium on immigration. We need to take time to evaluate, check and if necessary, change our immigration policies.” The language might to be one of caution while Patel’s is one of contempt but it is the same message.

The FT rightly judges Barnier’s rhetoric to be the sort of stuff that came too late- had he been saying this only a few years’ ago, Brexit may never have happened. It makes Britain’s decision to leave Europe look prescient at best.

But it is on the wrong side of history and the wrong side of civilization. We need to change the home office culture of mistrust or even distrust, of open hostility and of quotas. People are not figures in a spreadsheet. People are our potential and our hope for a better tomorrow. They must tell their own story and we must recognise that most stories do not have a neat beginning, middle and end. Most stories, bluntly, are not written for the Home office bureaucrats.

Cruel and Time-wasting

Both the positions adopted by Patel and by Barner are insensitive and possibly hypocritcal but most importantly, they are are cruel and timewasting-and I think the message of Patel’s law in the Queen’s speech is the harder of the two to swallow- for it has already set an example. Patel is the parent to Barnier’s child- her law is both timewasting and dishonest because she proposes something that can never work in practice; it is dishonest, moreover, because it ignores rules we helped to write and cruel because it ignores the circumstances of the individual and shows contempt for human dignity. Both will inevitably create a backlog of misery that future generations will have to sort out. We should not be leaving our children an asylum mess.

Windrush

In 2018, there was a Labour motion about righting the wrongs of Windrush. Priti Patel, the present home secretary, was among 306 Conservative MPs voting against the bill and effectively silencing much of the information in the Windrush story.

Of course, it is true that the motion was linked to other issues that were party-sensitive and, therefore, unlikely to be endorsed by any Government ministers. However, an alternative bill was not put forward by the Government. One would have thought that Mrs May would have wanted to correct her own mistakes but I think that is not really a priority. It is fairly shameful.

So, alot of wriggling today, therefore, from Priti Patel who cannot really hide her own voting record, nor indeed hthe fact that she was once sacked for dishonesty: this is the lady who is running our police force and leading “by example”.

She has invited a good deal of criticism, not least from a swathe of Labour MPs who sent her a letter earlier this month in the wake of the george Floyd riots. To her credit, Ms Patel published the letter on twitter.

naz shah

The problem here is that this is not a party-political problem and no one in power today is quite blameless, so no one side can take a “holier-than-thou” position. The “Hostile environment” was actually set up, I think, in defiance of the Equal Opportunities act, by the Blair/Brown government but made all the more aggressive by Theresa May’s championing of the concept in 2012 and with two nasty immigration bills in 2014 and 2016. Her statment “The aim is to create, here in Britain, a really hostile environment for illegal immigrants” actually reinforced a series of policies put in place by Jack Straw. If you need to check the details, note the opening of Yarl’s Wood in 2001 and the belief in the “deterrance of detainment”, something that never worked here nor elsewhere in Europe. But also look for terms like “deterrent dogma” and “deportation targets”. This latter is a term that continues to be used and in 2000, under Blair, was set at the deportation of “30,000 people over the next year”.

Oddly, Amber Rudd, who was in charge when the Windrush scandal broke and who took the fall for what her predecessor and now her boss, PM May had set up, was one of the more reasonable Home Secretaries to have held the job in the last 20 years. It does not say alot of course. It fell to Sajid Javid, perhaps even better, to criticise the policy more directly, “I don’t like the phrase hostile. So the terminology I think is incorrect and I think it is a phrase that is unhelpful and it doesn’t represent our values as a country.” But he did not hold the job long enough to change the way things were done and the problem anyway was not about nomenclature.

I am aware of much of the horrible atmosphere in the Home office because I have found myself for nearly 20 years dealing with failed or botched student visas and I have been innumerable times to the detestable visa centres to try to sort out problems. In some cases, I saw promising students deported half-way through A levels and certainly more than one Oxbridge hopeful having their chances completely ripped away by these policies. This is a form of savagery, but it is also deeply scurrious. We have taken money from these students and then, at the crucial moment, deported them on a technicality. Even when it has worked effectively, we have often given students an education and thrown them out the moment they graduate.

It seemed to me that targetting students, which of course continues, is a cheap trick to suggest that the Home Office is keeping its eye on immigration. Students are very well documented so they are always going to be an easy target.

I went to see a number of ministers as well as my own MP at the time, Andrea Leadsom. ms Leadsom saw me at her constituency surgery, hectored me for about 10 minutes and then let me go, almost without giving me a chance to say anything to her myself. She was surrounded by advisors and gatekeepers. It was one of those rare occasions when I was frankly speechless. In response, I sent her a letter explaining that, had I been given the oppportunity to say something, these would have been the things I would have said. This led to further correspondence with the Home Office, then under Mrs May and to further meetings with other departmental ministers and MPs. I am afraid, though, that nothing much changed.

Part of the problem was a sense that this had public approval. Part of the problem is that Theresa May loves bureaucracy.

mrs May looking like a postage stamp

The Windrush scandal broke both the assumption about public approval and its trust in paperwork: the home office threw the paperwork away. We cannot ride roughshod over people who have worked so hard to integrate with and build up our society and then blame them for our own stupidity.

Our hospitality to countless waves of immigrants has benefitted us greatly.

 

Jo Swinson on EU nationals

 

 

Articulating the problem of getting through Home office .jpg

 

Articulating the problem of getting through horrendous home office bureaucracy that has been ill-fit for purpose for many years now and that has led me to encounters including a unpleasant hectoring from Andrea Leadsom and an exchange with Theresa May before she became Prime Minister. We must stop this nonsense of parading bureaucracy as a fix-all, esp when the assurances we give in public are contradicted by the paperwork people are required to fill out and the opaque “investigations” that then take place which effectively cannot be challenged. Too much money and respect is wasted on this sort of nonsense.

What we promise, we simply need to deliver. No ifs, no buts, and no mindless pen-pushing.

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