Counter-terrorism Prevent strategy receives a boost from the courts – and statistical evidence

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Steven Greer, University of Bristol

Of the four “Ps” which frame the UK’s counter terrorism strategy – Pursue, Prepare, Protect and Prevent – the latter is by far the most controversial. It is the Prevent scheme which aims to stop people from becoming terrorists, or from supporting those who already are. Continue reading

Shamima Begum: legality of revoking British citizenship of Islamic State teenager hangs on her heritage

Devyani Prabhat, University of Bristol

Sajiv Javid’s decision to revoke the citizenship of Shamima Begum, the 19-year-old from Bethnal Green who left to join Islamic State in 2015, has been met with mixed reaction. While some supported the home secretary’s decision, others have expressed concern about its implications. Continue reading

Do Human Rights Exist in the Maritime Domain?

Dr Sofia Galani, Lecturer in Law, University of Bristol Law School

A quick internet search for human rights in the first week of August retrieved results about the crucifixion of convicted criminals in Saudi Arabia and the political stand-off with Canada, the struggle of Argentinian women to decriminalise abortion and the debate on religion freedom sparked by Boris Johnson’s derogatory comments about women wearing burqas.

With all these human rights debates around us, it is not difficult to understand why we have not considered the human rights violations that take place in the maritime domain. Continue reading

Justice for victims of sexual abuse and harassment. Lessons for Westminster?

Dr Lis Bates is a researcher in gender-based violence at the School for Policy Studies, and a former clerk of the House of Commons

The problem with Westminster

As a former clerk of the House of Commons, the recent Newsnight coverage(i) depicting a culture of unchecked bullying and sexual harassment by some MPs took me by surprise. Not because of the allegations: the stories reported, and many more, have long been open secrets in Westminster. But because, for the first time, the corrosive culture of normalising this behaviour was revealed. What is new is that the careful investigation of reporters Chris Cook and Lucinda Day has exposed a pattern of abusive Members not being held to account, and a historic management culture of quietly moving victims who speak out. This is a culture which has normalised the acceptance of bullying behaviour, refused to shine a light on the bullies, and thus tacitly condoned it. This is the same cultural quicksand which led us to Weinstein, Bennell and Saville: a wilful collective blindness. Continue reading

Inside Britain’s asylum appeal system – what it’s like to challenge the Home Office

File 20171214 27555 18nqnsf.jpg?ixlib=rb 1.1An asylum appeal court: a judge’s view. Rebecca Rotter, CC BY-NC

 

Jennifer Allsopp, University of Oxford; Andrew Burridge, University of Exeter; Melanie Griffiths, University of Bristol; Nick Gill, University of Exeter, and Rebecca Rotter, University of Edinburgh

New evidence suggests that where an asylum seeker ends up in Britain could have a significant impact on the likelihood that they are granted refugee protection, regardless of whether their life is in danger. From an Afghan child fleeing forced recruitment into the Taliban, to a Ugandan lesbian fleeing police violence, geography seems to be affecting the justice process that asylum seekers often depend upon for their safety and their lives. Continue reading

Why everyone benefits from the scrapping of employment tribunal fees

Professor Michael Ford QC, Professor of Law, University of Bristol Law School

Unfairly dismissed from your job? Seeking unpaid wages? For the last few years, if you wanted your case heard at an employment tribunal in the UK, you had to pay up front. For unfair dismissal, the fees amounted to £1,200, and for unpaid wages £390.

Introduced in 2013, the fees were designed to ensure that “users” of the system were the ones who funded it. The other justifications were to incentivise early settlements, and to deter weak or vexatious claims.

Underlying all these motivations was a concern that too many cases were being brought. And in that sense, the fees sort of worked.

That was mainly because the high level of fees (for workers who hadn’t been paid or had lost their job) compared unfavourably with the low level of sums awarded. A survey in 2013 found the median award for claims for unpaid wages was only £900. Put simply, it just wasn’t worth it. Continue reading

The General Election 2017: national security, deradicalisation, and citizenship

As we head into the elections this Thursday, national security is a burning issue. The UK has been the target of three major terrorist attacks in the past few months. The latest attack in London comes within just two weeks of the bombing in Manchester last month. The involvement of British nationals in perpetrating these attacks has brought many questions about extremism, radicalisation and integration to the forefront.

Dr Devyani Prabhat, Lecturer in Law, Bristol School of Law

Party leaders are laying out their strategies for counter-terrorism. Theresa May has announced plans to set up a new counter-terrorism agency, monitor social media and web content for extremism, have stronger custodial sentences for terrorism, and work on integration of communities. Meanwhile Jeremy Corbyn has focused on the problems of British foreign policy, funding for terrorist activities, and the lack of policing resources. These plans are not reflected in their respective party manifestos and do not engage directly with the issue of alienated citizens. In fact, Prevent, a mainstay of counter-terrorism, is not even mentioned in the Conservative party manifesto, while the Labour manifesto merely mentions a review of Prevent. Both major parties are, however, likely to comprehensively rethink the current Prevent programme in light of the recent attacks. The Liberal Democrats and Green Party have already announced plans to replace Prevent. When such replacement or revision takes place, parties need to consider why minority citizens can become alienated and what British citizenship means to them as part of long term deradicalisation programmes. Continue reading

Government must ignore illegal proposals for a pre-Brexit cut-off point limiting the rights of EU nationals in the UK

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

In its paper of 13 March 2017 on “The Rights of EU Nationals in the UK Post-Brexit”, Migration Watch UK has put forward a range of proposals aimed at clarifying – and limiting – the rights of EU nationals in the UK in the context of Brexit. These proposals are illegal under EU law and the UK Government must ignore them in their process of shaping the UK’s migration policy towards EU nationals as a result of Brexit. This post summarises these proposals and details the reasons why they are illegal under EU law.

The proposals of the Migration Watch UK paper focus on two main categories of EU nationals: first, those that are residing in the UK at the time of triggering Article 50 Treaty of the European Union (TEU) but will not qualify for permanent residence at the time of Brexit (which the paper assumes to be March 2019) (category (a)). Second, those that will continue to arrive to the UK between the moment in which Article 50 TEU is triggered and the moment when Brexit becomes legally effective (category (b)). Even if the paper is not very clear about it, the proposals would also affect the rights of European Economic Area (EEA) nationals, as well as those of individuals whose residence and work rights derive from those of an EU/EEA national. For simplicity, though, I will stick to the use of the expression “EU nationals” to cover all of them. Continue reading

Time to be realistic about human rights?

Prof Steven Greer, Professor of Human Rights, University of Bristol Law School

The case of Phil Shiner, struck off by the solicitors’ disciplinary panel for the attempted procurement by financial inducements of spurious abuse claims against the British army in Iraq, sadly illustrates that the ‘post-truth’ era has penetrated even the noble cause of human rights (‘Review of Iraq war cases after lawyer struck off’, Guardian, 3 February 2017).

While this episode is, of course, a grotesque aberration, myth, misinformation, misrepresentation, and intellectual tunnel vision, coupled with excessive and unsustainable demands, are, nevertheless, increasingly prevalent in the contemporary movement, and not confined to its opponents as many might suppose. This not only devalues the currency, it also stokes the scepticism towards human rights currently sweeping western states and societies. Continue reading

Sharing stories of migration and belonging

Dr Devyani Prabhat, Lecturer in Law, School of Law

Dr Devyani Prabhat, Lecturer in Law, School of Law

Last month I led an ESRC Funded Thinking Futures Event on Migration and Belonging at the St Werburgh’s Community Centre, Bristol. The event was attended by twenty-six people who had experience of applying for British citizenship or had personal stories to share about migration. Storytelling gives a direct voice to research participants and this was the theme of the event. Artist Sam Church who is a graphic artist simultaneously sketched the stories which were being shared. Continue reading