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Socialist Lawyer 08 - - Summer 1989 No. 8 t1.20 tssN 0954 3635 The Haldane's Response to The Green Paper John Hendy QC on Conflict in Pietermaritzburg Another Swipe at Local Democracy by Gavin Millar Hilary Kitchin on The Culture of Secrecy Gonscription in South Africa by Roger Field Book Reviews, Letters and News t#æ:, Haldane Society of Socialist Lawyers Haldane Society of Socialist Lawyers HALDANE NEWS Conferences PRESIDEI\I'T: John plats-Mius e.c The period from February to May this year has been very busy. Over the weekend of 11 and 12 February the Society hosted an International Human Rights Conference in Bir- mingham. Speakers included Professor Khokhlov from the USSR, Professor Rigaux from Belgium, Simon Foreman from France, Anthony ArblaSter from Chørter ,88, Jeremy Wedderburn Q.C. McBride from Interrights,Tony Gifford and Stephen Sedley. Lynn Welchmann, British freld worker for AI-Haq (ICJ CI{AIR: Joanna Dodson, section in the West Bank), Ben Rose ofJ¿ stice for Pølestini- Panther House, ans ønd, Israelis, and Robin Martin of theNicøragua, Soli- 38 Mount Pleasant, dørity Campøign addressed fringe meetings. The confer- London WC1X OAP ence was a huge success in great part thanks to the hard work ofBill Bowring whose report ofthe conference appears pamphlet produced SECRETARY: Keir Starmer, below. A will shortly be containing the Panther House, News lReports text of the most interesting debates of the weekend. 38 Mount Pleasant, The International Conference on the Bicentenary London WC1X OAP Haldane News I of the l)eclaration of Human Rights organised by the InternationalAssociation of Democratic Lawyers, to which the Haldane Society is affrliated, took place in March. A Pauline Hendy, TREASURER: strong delegation of Society members attended. Panther House, Features 38 Mount Pleasant, London \ryC1X OAP Disinvestment Another Swipe at Local Democracy Millar 3 MEMBERSHIP Tony Metzer and LucyAnderson, Gavin Following on the success of the Law Society disinvestment campaign, the Haldane Society has partner SECRETARY: fqlherHrgse, Report from Blood River been an active 38 Mount Pleasant, in an initiative with The Society of Black Lawyers and London WC1X OAP John Hendy QC 5 Løwyers Against Apørtheid to campaign for disinvestment Protecting the Secrecy Culture by the Bar Council from companies involved in South Africa. This campaign aims to convene a Special General HilaryKitchin......, 7 Meeting of the Bar Council on the issue of disinvestment. Excile or lmprisonmeni: Further details can be obtained from Keir Starmer or Bill Bowring. s0crAltsT LAWYER Conscienc¡ous Objection in South Africa The Green Paper r Roger Field I Advising the Victims of Rape After a packed public meeting on the Green paper the Editorial Penny Barrett, Tim Kerr, Tony Metzer, Keir Haldane Society has prepared a full submission on the Starmer, Debbie Thipley, June Tlveedie, Barbara Cohen 11 question future of profession. Committee of the the legal An edited Heather Williams. The Green Paper: 'Deficient and version ofthis text appears in this issue ofSt. Contributions from members are very welcome. lf you are interested in Defective' Haldane's Submission writing articles or book reviews please contact HEATHER WILLIAMS - Subcommittees at: 1 Dr. Johnson's Buildings, Temple, London EC4. to the Lord Chancellor 13 SWAPO - A Government in Waiting? The lVomen's Subcommittee has organised a joint course with I"AG on Advising Victims of Rape. The Crime Sub- An lnterview with Shapua 15 Advertising rates Kaukungua committee participatedin the productionofaleafletonthe Socialist Lawyer welcomes advertising. The rates are: The PTA 1989: No Solution ¡n Sight right to silence in conjunction with the NCCL, and drew up Full page page a detailed submission on the Prevention of Tbrrorism Bill. î100 Quarter Ê30 PeterWilcock .... 17 Half page 160 Eighth page Ê15 The Employment Subcommittee has decided to cease The rate for classified advertising is 25p per word. We can distribute insert Taking up the Public Law Challenge publication of t}:e EmplaXm.ent Løw Bulletún and to con- adverts voluntary organisations Ê1 00 for commercial centrate instead on articles for jour- at 150 for and at Kate Markus 19 writing trade union undertakings. nals. The Lesbian and Gay Subcommittee is busy or- Please contact HEATHER WILLIAMS at: 1 Dr. Johnson's Buildings, Temple, ganising a conference - details ofwhich appear in this issue London EC4. Reviews of Str. Subscriptions Sociel For 3 issues (inclusive of p&p); Book Reviews 20 87.00 per annum for institutions and organisations; Please read carefully the leaflet accompanying this issue Ê4.50 pø annum for individuals, Letters 23 where you will frnd details of the proposed evening of high Noticeboard 24 entertainment on 1 July - see you there! 1 \ Francois Rigaux stressed the link between the interna- Gavin Millar Miskin Off the Hook tional protection ofhuman rights and peace, and opened up the question ofeconomic and social rights, now enshrined, The Lord Chancellor's Press OfÏice has told SZ that no for instance, in the West German Constitution. Simon action is to be taken over racist remarks attributed to the Fo¡eman was unhappy that the European Convention Another Swipe at Local Democracy Recorder of London, Sir James Miskin, at a Mansion House deals mainly with individual, not collective rights; but dinner in late February. Sir James described a particular stressed that the originality of the Convention lay in its woman as a'nig-nog' and also referred to'murderous Sikhs' rules of implementation. From 1 February 198g there The Local Government and Housing Bill was presented to difficult tojudicially review a refusal in a particular case. during his after dinner speech. Lord Mackay wrote asking would be a European Convention against Tbrture, backed Parliament on l January 1989. It will be law by the end of So the only way out of the dilemma of the PRP will be to go for an explanation. The explanation was forthcoming and by a special committee, with the right to enter prisons and the year. Most of the Bill is devoted to the introduction of a cap in hand to a Whitehall mandarin picked by Nicholas Mackay then wrote a further private letter to the Recorder. psychiatric hospitals. new set of complicated and obscure central government Ridley and plead for the right to stand. The democratic Its contents could not be made public, the LCD Press Office Jeremy McBride outlined the work of Interrights, controls on local government capital spending and housing representation of local electors by a PRP holder will be told us, in view ofpossible appeal proceedings arising out of which gives advice and assistance on international human finance. subject to Whitehall's frat. the remarks which might be prejudiced. rights law. He was particularly interested in ILO treaties Part I of the Bill, however, is not so esoteric. The inten- The implications of the ban are still being thought Would the LC's letter to Sir James then be made public and their implementation, or lack of it, in the UK. tion behind it is instantly recognisable to anyone familiar through but are potentially very serious. Under the guise at the conclusion of any appeal proceedings, when no pos- Our fringe meetings were addressed by Lynn Welch- with the current set ofThatcherite obsessions about the ac- of putting an end to a couple of over-publicised cases of sible risk of prejudice could arise, we asked. It would not, mann, UKRepresentativeof Al-Haq, the West Bank affrli tivities of'looney left'councils. As ifto celebraùe a decade of prominent London Labour councillors getting jobs ,from came back the reply; had there been no possibility of appeal ate of the ICJ; Ben Rose of Jzs tice for Pølestiniøns ønd bashing the town halls the government has offered up to the their friends', hundreds ofthousands oflocal authority staff proceedings the LC could have considered replying pub- Israelis; and Robin Martin of tine Nicaragua Solid.ørity Tory faithful an attempt to make most of these activities are to be deprived of their democratic right to offer them- licly; but since the possibility did exist, the letter must Cørnpaign. illegal. selves for election. Local government is going to lose the remain private - for ever. valued serwices ofthese people. SZ then asked whether the LC believed black defen- A Challenge dants tried before Sir James would feel confident of being Ilorns of a Dilemma treated as favourably as white defendants. The response: Human Rights East and West were debated on the Sunday Another TÞip to Strasbourg? the LC could not comment possible morning. Professor Igor in view of appeal Khokhlov of the Institute of Obsession (a) is: the supposedly widespread practice ofleft proceedings. International Relations of the Soviet Foreigrr Ministry wing authorities offering'lucrative' jobs to Labour council- These sweeping consequences may mean that the PRP will The Society spoke on constitutional of Blach Lawyers was less inhibited; its Press changes in the USSR. These lors from neighbouring boroughs. put the UK in breach of its international law obligations. Offrcer, Bunmi Alemoru, said that changes were simply a first stage; rel.ations SBL condemned un- between the To counter this Part I provides that anyone holding a Article 3 of Protocol 1 to the European Convention on equivocally the remarks attributed to Sir James and is USSR and the Republics, and the question of local Soviets Human 'politically restricted post' (PRP) with a local authority is to Rights requires the Council of Europe states to hold taking the matter up with him and Lord Mackay. and enterprises were still to be addressed. The new Con- be disqualified from standing for election to or being a free elections 'under conditions which wilt ensure the free On the same day, 3 March, as the remarks gress of People's Deputies would have 2,500 were reported deputies, would member of that or any other council.
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