It’s a sign of the extent to which commonly accepted standards of justice and decency have fallen that I even have to write the headline for this article, but the sad truth is that, in the UK, government officials, at the highest level, believe that it is entirely appropriate to strip a British citizen of her citizenship, making her stateless, if, as a 15-year old, she took the decision to travel to Syria to become a “jihadi bride.”
On one level, this is completely wrong because all countries that claim to respect the rule of law, Britain included, have signed up to treaties recognising that juveniles (those under 18) should not be held responsible for their actions. In my main line of work over the last 14 years — writing about the US prison at Guantánamo Bay, and campaigning to get it closed — one of the most shocking aspects of that whole sordid story is the way that the US government ignored its obligations to treat juveniles as distinct from adults, and, in fact, denied that such distinctions even existed.
“These are not children”, foreign secretary Donald Rumsfeld claimed when the story first broke that children were being held at Guantánamo. At least 23 of the prisoners were juveniles — under 18 — when they were first seized, including the most famous Guantánamo child of them all, Omar Khadr, the Canadian citizen who was 15 when he was seized after a firefight with US soldiers, and whose rights were not only denied by the US, but also by his own government in Canada, which eventually had to be told by Canada’s Supreme Court that Canadian agents had deprived him of his rights when they visited him at Guantánamo to interrogate him.
I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.
17 years after the US tore up international and domestic laws and treaties regarding the treatment of prisoners, in the “war on terror” that George W. Bush declared in the wake of the terrorist attacks of September 11, 2001, and which led to the establishment of CIA “black sites” and the prison at Guantánamo Bay, those decisions continue to cast a baleful shadow on notions of domestic and international justice.
A case in point concerns foreign nationals seized during the horrendous war in Syria over the last eight years.
From the start of his presidency, Donald Trump made it clear that he wanted to send new prisoners to Guantánamo, and those involved in Daesh (more commonly referred to in the West as ISIS or the Islamic State) were particularly singled out.
Fortunately, wiser heads prevailed, and the proposals came to nothing. Some of those advising Trump pointed out that it seemed probable that a new Congressional authorization would be required to send prisoners to Guantánamo who were not explicitly involved with al-Qaeda, the Taliban, or the 9/11 attacks, and, in any case, others recognized that Guantánamo was no place to send anyone if there was any intention of delivering anything resembling justice. Read the rest of this entry »
What strange, and almost unbelievably infuriating times we live in, as Donald Trump somehow remains president in the US, and Britain continues to be bludgeoned by a phoney demonstration of democracy. The latest example is the General Election on June 8, which follows a previous example just two years ago, despite the Tories introducing legislation to ensure that elections only take place every five years. In between, there was, of course, the lamentable EU referendum that is the reason for this General Election, as Theresa May struggles to provide endless distractions from the reality that leaving the EU will be an unmitigated disaster, the single greatest instance of a nation declaring economic suicide in most, if not all of our lifetimes.
For Theresa May, this is an election in which nothing must be discussed, just the endless repetition of soundbites about being “strong and stable,” and lies about how an increased Tory majority will improve our Brexit negotiations. In fact, the size of the government’s majority means nothing at all in the negotiations with the EU that the Tories want to avoid discussing because they have no idea what they are doing, and while this is ostensibly good for the opposition parties, the Brexit blanket, like a thick fog, is tending to obscure any serious discussion of the government’s many other failings — on the economy, on the NHS, on all manner of fronts — and this, of course, is being aided by the generally biased, right-wing media that is such a drag on anything resembling progressive politics in this country
What is also being forgotten, or overlooked, is how Theresa May, a soft Remainer who has, cynically, turned herself into the hardest of hard Brexiteers, is so dangerous not only because her actions reveal how she has no principles whatsoever that she will not sacrifice to stay in power, but also because, in her previous job, as the home secretary, she was dangerously racist, xenophobic and Islamophobic. I discussed her record in detail at the time of her leadership victory, in an article entitled, As Theresa May Becomes Prime Minister, A Look Back at Her Authoritarianism, Islamophobia and Harshness on Immigration, and I was reminded of it a few months ago in a detailed article by the journalist Ismail Einashe, a British citizen of Somali origin, which he wrote for the spring 2017 edition of the New Humanist magazine, and which was then picked up by the Guardian. Read the rest of this entry »
OK, I admit it: I’m thoroughly fed up with the Left in Britain, which largely supported the campaign to leave the EU, and is now facilitating Theresa May’s efforts to destroy our economy by following through on the outcome of the ludicrous referendum last June that saw the Leave campaign win by a small majority.
The referendum was not legally binding; its outcome was advisory, meaning that it should have been taken as the starting point for further discussion, not as an end in itself. In addition, a decision about something as seismically important as leaving the EU shouldn’t have been allowed to be dependent on a simple majority vote. Generally, a referendum on a topic this important would have required a majority to consist of over 50% of all those eligible to vote, or over two-thirds of those who voted, whereas in June’s referendum 27.9% of those eligible to vote (13m people) didn’t bother to vote, and the decision to leave was taken by 37.4% of eligible voters (17.4m people), with 34.7% (16.1m people) voting to stay in the EU.
What has particularly annoyed me today — and the reason I made the poster at the top of this article — is that the Stop the War Coalition today held a protest against Donald Trump’s recently imposed immigration ban and his proposed state visit to the UK — a worthwhile cause, certainly, but one that, noticeably, didn’t involve protesting against Theresa May, even though there is no reason to suppose that she is any less racist and Islamophobic than Donald Trump. Read the rest of this entry »
First off, it says little for democracy that, after the biggest constitutional crisis in most of our lifetimes (the result of the EU referendum, which may take years to resolve), the Conservative Party has responded by having just 199 MPs anoint a new leader to run the country after David Cameron, aging 20 years overnight, bumbled off into the sunset of a poisoned legacy.
Cameron, it is assumed, will forever be known as the worst Prime Minister since Neville Chamberlain (or Anthony Eden), a so-called leader who, because he was too cowardly to face down critics who were even more right-wing than him — in his own party, and in UKIP — called a referendum that he was then too arrogant to believe he could lose. I was fearful at the time Cameron announced the referendum, in January 2013, that it could all go horribly wrong, and on the morning of June 24 my fears were confirmed as 17 million voters — a weird mix of political vandals, racists, xenophobes, left-wing idealists and the ill-informed — voted for us to leave the EU.
Cameron left his mess for others to clear up, and within days most of those who had run with his idiocy and had campaigned to get us out of Europe fell too. Nigel Farage announced that he was standing down as UKIP leader, hopefully doing us all a favour by, as a result, diminishing UKIP’s weird reptilian personality cult. Read the rest of this entry »
Is there no end to this government’s flagrant disregard for the fundamental rights of its citizens? Today, by 305 votes to 239, the House of Commons overturned amendments to the current Immigration Bill made by the House of Lords, which concerned home secretary Theresa May’s proposals to strip naturalised British citizens of their citizenship without any form of due process, even if doing so makes the individuals in question stateless.
Back in March, as I described it in my article, “The UK’s Unacceptable Obsession with Stripping British Citizens of Their UK Nationality” MPs first voted, by 297 votes to 34, to pass the citizenship-stripping clause, which Theresa May had added to the Immigration Bill in January, and which, due to its addition at the last minute, had not received any scrutiny. Since 2002, the government has had the power to remove the citizenship of dual nationals who they believe to have done something “seriously prejudicial” to the UK, but May’s new legislation was designed to increase her powers, “allowing her to remove the nationality of those who have acquired British citizenship, even if it will make them stateless, if they have done something ‘seriously prejudicial to the vital interests’ of the UK,” as described in December by the Bureau of Investigative Journalism, which has been covering this story closely.
In April, by 242 votes to 180, the House of Lords replaced the proposal with an amendment requiring it to be further considered by a joint committee of the Commons and Lords before being implemented, an eminently sensible proposal that should not have been overturned by 305 MPs in the House of Commons. Read the rest of this entry »
Yesterday, I published an article entitled, “The UK’s Dangerous and Unacceptable Obsession with Stripping British Citizens of Their UK Nationality,” in which I examined the disturbing trend, under Home Secretary Theresa May, to strip naturalised UK citizens (dual nationals, in other words) of their nationality without any form of due process if she suspects that they have done something “seriously prejudicial” to the UK.
In particular, my article covered Theresa May’s latest plan to extend these tyrannical powers to “deprive someone of their citizenship even if that would make them stateless, but only if the citizenship has been gained through naturalisation and the Home Secretary is satisfied that the deprivation is, in the words of a government new clause introduced by her in the House of Commons, ‘conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom.'”
The words above, by Baroness Smith of Basildon, are from a debate in the House of Lords on March 17, 2014 on Theresa May’s proposals, which are contained in Clause 60 of the proposed new Immigration Act (and entitled, “Deprivation if conduct seriously prejudicial to vital interests of the UK”). Baroness Smith also noted, “Currently, the law allows the Home Secretary to deprive a person of their citizenship status for two reasons: first, if the person acquired it using fraud, false representation or concealment of a material fact; or, secondly, if the Home Secretary is satisfied that, in doing so, it is conducive to the public good and that the person would not be left stateless as a result. Clause 60 seeks to amend the second condition to, in the words of a Minister in the other place, ‘ensure that individuals who are a serious threat to this country cannot retain citizenship simply because deprivation would leave them stateless.'” Read the rest of this entry »
In January, Theresa May, the British Home Secretary, secured cross-party support for an alarming last-minute addition to the current Immigration Bill, allowing her to strip foreign-born British citizens of their citizenship, even if it leaves them stateless.
The timing appeared profoundly cynical. May already has the power to strip dual nationals of their citizenship, as a result of legislation passed in 2002 “enabling the Home Secretary to remove the citizenship of any dual nationals who [have] done something ‘seriously prejudicial’ to the UK,” as the Bureau of Investigative Journalism described it in February 2013, but “the power had rarely been used before the current government.”
In December, the Bureau, which has undertaken admirable investigation into the Tory-led mission to strip people of their citizenship, further clarified the situation, pointing out that the existing powers are part of the British Nationality Act, and allow the Home Secretary to “terminate the British citizenship of dual-nationality individuals if she believes their presence in the UK is ‘not conducive to the public good’, or if they have obtained their citizenship through fraud.” The Bureau added, “Deprivation of citizenship orders can be made with no judicial approval in advance, and take immediate effect — the only route for people to argue their case is through legal appeals. In all but two known cases, the orders have been issued while the individual is overseas, leaving them stranded abroad during legal appeals that can take years” — and also, of course, raising serious questions about who is supposedly responsible for them when their British citizenship is removed. Read the rest of this entry »
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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