Human Rights and the War on Terror

Dr Maurice MullardMalta Lectures

UK Terror Legislation

TA 2000 and TA 2006 define Terrorism, stop and search, detention, glorification of terror.

Is there a trade off between human rights and security?

ECHR HRA 1998 derogation What is the case for detention

beyond 7 days 28 days 42 days

Need for Independent Judiciary

Pillar of democracy –rule of law Law is not about the wishes of

majorities Privacy property rights Balance of Politics Parliament and

judges

US Responses after 9/11

Declaring War on Terror move beyond a criminal model to war model

Holding Terror suspects defining enemy combatants harsh interrogation

Suspension of habeas corpus American Justice system

Obama Responses

Close Guantanamo Bay Resistance of Republican Senators

to bring detainees to their own states

Images of US after Abu Ghraib UK admission to rendition The case of Benyan Mohammed

FISA 1978 and wiretaps without warrants

Aftermath of Vietnam Martin Luther King surveillance FISA required judicial approval

War on Terror secret wire taps undermined FISA

Role of telephone companies and problems of liability

Changing Landscape of Expectations

Definition of Terrorism fails the Mandela Test – resistance to apartheid South Africa.

Problem of Surveillance Society Ambiguity Chilling Effect

Conflating the War on Terror with Race and Immigration

Muslim communities the failure to integrate

Immigration a major political issue in the USA concern with illegal immigration mainly Hispanic

Changing landscape in Europe gypsy communities in Italy

Muslim communities in Denmark and the Netherlands

Globalisation and Migration

What are the Economics of Immigration?

Global Labour markets Demography in OECD Countries Nature of EU Migration Do Migrants have Human Rights?

The Politics of Race and Migration

Nationalism and Identity Nation State boundaries and

Universal Human Rights Passing the Citizen Test

Politics of Fear

Politics of Fear to seek the security state – surveillance priority to be safe

safe communities worry about the stranger – Demonise the other

Success of Political parties

Politics of Hope

What is possible Hope about race and gender

reducing inequalities Living with transparency Tolerance for the other Cosmopolitan ethics