- - 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. The idea is that the expression of the opinion of the people in the choice of the in the national press, the LC was addressing a London be the frrst such body since the early years power, con- ofSoviet lucky benefrciaries ofthis perceived practice should have to legislature'. In the Belgian case of Mathieu-Mohin and ference on race and criminal justice. He was optimistic, he and would be semi-professional. Its basic purposes would Clerfayt the European Court of Human Rights held that be to prevent said, about the number of good quality black candidates the abuse of power and to consider further 5 Article 3 implies:'the principle of equality oftreatment of all becoming eligible for appointment as judges. constitutional changes. It would also elect a new body, a citizens in the exercise oftheir right to vote and their right Constitutional Supervisory Commission. PRP holders are to become dependent to stand for election.' The Court ruled that this principle Tony Gifford QC, summing up the conference, ìaid upon Nicholas Ridley for their rights of could cover elections to second-tier government (in this case down a challenge. The Haldane Society would, at present, political activity. the Flemish Council), not just the national legislature. It The International great have diffrculty if it had to publish a position paper, said that any restrictions on the principle must have a le- Human Rights Conference other that to say it was in favour of human rights. He 9 gitimate objective and the means used must be proportion- proposed five points: - embodiment of human rights in the ate to the attainment of that objective. judiciary; The Haldane Society's International Conference at West law; training of the public education in rights; re- Bromwich on 11-12 February 1989 was both a great success alisation of international standards; and most important, choose between their job and their political career. Any and truly international. 48 members and supporters at- the extension of democracy. employee earning over f 13,500 per annum (or its part-time tended ranging from pupils and articled clerks to John equivalent) is deemed to be in such a post - as is any officer Platts-Mills QC, with a good sized contingent from Man- who acts as a political adviser to a grouping or its leader- chester, and three foreign guests. ship. Thankfully teachers and heads are expressly ex- On the Saturday afternoon Anthony Arblaster of cluded from this def,rnition. Charter 88 and Stephen Sedley QC debated the merits of The ban will operate from two months after the Bill a written constitution and a Bill of Rights enshrining the becomes law. So it will catch the many local government European Convention on Human Rights. AnthonyArblas- employees (mostly labour) who wish to stand in the May ter developed Tbm Nairn's theme - that the British state 'is 1990 elections for the London Boroughs (with their newly not even decently bourgeois', but semi-feudal. He recom- acquired role as education authorities). This presumably mended that we re-read Tbm Paine's .B ights of Man. All we explains the timing of Part I. These people musi either givL could expect from this government was a Bill of Wrongs. up their jobs or be prevented from standing again. PRP Stephen Sedley, on the other hand, drew on his research holders who are already serwing members of a local author- into Canada's'Charter of Rights and Liberties', enacted in ity when the Bill becomes law will be allowed to complete 1982, with the first wave ofjudicial decisions in 1987. This their terms of offrce. The ban will operate like any other illustrated graphically how restrictively common law electoral disqualifrcation, entitling an aggrieved opponent judges have interpreted a code very similar to the European to set aside the result by an election petition. Convention. His conclusions were disturbing; and he saw Charter'88 more as a mark of desperation after a decade of Thatcher. Fiat of a Mandarin Saturday evening saw Francois Rigaux (Professor of Law at Louvain University, Belgium, and President of the The Bill does propose that a person nominated by the Permanent People's TFibunal), Simon Foreman (Human Secretary ofState should have the power to grant exemp- Rights Advocate in Paris), and Jeremy McBride (Bir- tions from the ban in individual cases. However, this mingham University, representing Intenights), take the discretion is wholly unfettered - except that it must,appear debate onto the international plane. appropriate'to grant an exemption. This means it will be

2 -Y

payers' expense. Moreover no political adviser may earn John Hendy more than the magic f13,500 p.a. frgure. The sanctity of QC market forces does not prevent the maximum salary from beingpegged at a levelthat evenmost outofwork ex-Labour MPs would disdain. Report from Blood River Spot the Activist One hundred years afier the Zulu wars and the battles of Obsession (c) is: the appointment of 'politically sJ¡mpa- Blood river and Isandhlwana, Natal in SouthAfrica is again thetic' applicants to non-political offrcers'jobs in Labour running with Zulu blood. In 1988 more than twice as many authorities. This time the remedy is to require councils to people died in the greater Pietermaritzburg area than in appoint only'on merit'. The provisions of the Race and Sex Lebanon during the same period. Since what the white DiscriminationActs will not be affected. press in South Africa (and here) refer to as the 'black on Of course there are just as many (if not more) 1bry sym- black' violence came to notice in January 1987, at least 1300 pathisers employed in local government as Labour or SLD/ Zulus have been murdered. SDP. The problem is spotting them. By defrnition they tend Tim Kerr and myself were sent by the International to be more apolitical in appearance. Politically active Commission of Jurists to observe a trial in Pieter- applicants will be at risk and they are most likely to be maritzburg which is at the heart ofthe conflict. Between us lefties. we have made three visits to South Africa to listen to the The key question here is enforcement. Opposition coun- case and investigate its background. The case commenced cillors who spot an activist on a shortlist or in post will want inAugust 1988 and, with lengthy adjournments, continues. to use this provision to get the person removed. Judicial review injunctions are expensive and risky. This is where 'Thou Shalt Not Kill' the DistrictAuditor may assume yet more signifrcance. The DA already has power to issue a 'prohibition order'to The case is ofenorrnous signifrcance both legally and politi- prevent an authority pursuing a potentially illegal activity. cally. The proceedings are for a civil injunction to restrain This mechanism could be used (following an approach by certain individuals from murdering, assaulting or threat- Tory councillors) to block an appointment or even to prevent ening a particular family, the Mthembus, who live in one of continued employment. the PMB townships. The legal curiosity ofthe case is imme- The provisionis complementedby a sweepingnew power another new animal - the 'monitoring offrcer', a 'big brother' diately apparent. in the Secretary of State to require 'relevant authorities' for the 1990s. Every council must appoint one ofthese. The The respondents, Zuma and others, are members of (i.e. Labour ones) to follow his rules for the appointment, monitoring officer has a statutory duty to look out for Inkatha, the Zulu organisation whose President is Chief There must be a real doubt about the legality of the PRP disciplining and dismissal of staff. These can include a rule proposals or decisions of the authority which might be Mangosuthu Buthelezi, Chief Minister of the 'bantustan'of provisiorrs, judged on these criteria. They may also fall foul preventing them from disciplining or dismissing an offrcer illegal and bring them to the attention of all the members. Kwazulu. The applicants are a bus driver and his surviving ofArticles 1O arid 11 ofthe Convention relating to freedom - unless the step is approved by an'independent person' Where the perceived illegality is a clear-cut breach of sons, two having been murdered in the township. One was ofpolitical expression ahd association. For the creation of appointed by the Secretary of State. statutory duty or ultra uires act this new mechanism is shot dead at his front door the day after Zuma was served the PRP is not just about electoral disqualifrcation. Part I This could have diffrcult consequences for Labour groups arguably defensible. But where the complaint is of possible with notice ofinjunction proceedings in respeçt ofthe fi¡st also provides that the terms of employment of all PRP who take control of a council and want to replace senior Wednesbury unreasonableness the judgment is subjective murder. It is alleged that the respondents canied out the holders shall be deemed to include 'such requirements for officers appointed by their Tbry/SLD/SDP predecessors. and the idea becomes very worrying indeed. murders as members of Inkatha and as part of a campaign jobs restrictinghis political activities..... as maybe prescribedby Some of these offrcers may have got their because they Labour councillors may be deterretl from taking creative the Secretary ofState'. were known to be politically sympathetic to the earlier political decisions by increased exposure to the risk of At this point the proposals became positively totalitar- ruling group. In effect the Secretary of State can force the surcharge if they do so. It works like this. The monitoring ian. PRP holders are to become dependent upon Nicholas incoming Labour administration to work with them ofïicer is worried about being àccused ofa breach ofstatu- Ridley for their rights of political activity. The implications whether it wants to or not. tory duty (by opposition members). Moreover s/he has been ofthat will seriously alarm socialists. Tbry authorities are appointed 'on merit' and holds no particular brief for the bound to be tempted tq accuse members of their staffactive Packed Committees majority party. So s/he reports every majority party policy in unions or housing pressure groups ofbreaches ofgovern- which may have a hint of unreasonableness. ment imposed contractual terms. They will be free to Obsession (d) is: Labour authorities who'stack' committees Ifthe Labour group then goes ahead with the decision injunct, discipline or dismiss them. with their members. Since Tbry ruling groups are not without first obtaining favourable legal advice the argu- Labour authorities will risk judicial review if they fail to averse to doing this either, this part of the Bill may work in ment that they are guilty of 'wilful misconduct'is bolstered follow suit. They will be under pressure to discourage their a more even-handed way. The composition of all council by the argument that they ignored offrcers' advice on pos- staff from overt political activity. committees will now have to be proportionate to the politi- sible unlawfulness. In this way the government hopes to create a body of cal balance on the council. No democrat could argue with It would be wrong to see Part I as no more than govern- politically docile local government oflicers whose principal this. ment reassurance to the Tbry faithful that it takes these ob- commitment is to their job and not the standard of service But again the principle is complemented by a second one sessions seriously and is prepared to legislate. More than they are able to provide. more clearly aimed at Labour authorities. Where a council this, the new law is an ingenious code for central govern- co-opts non-members to committees these individuals will ment control over the composition and internal workings of in future be non-voting. The only exception is to be on dissenting local authorities. As such it is part ofthe wider Out of Work MPs Education Committees. This rule is clearly aimed at police strategy of curbing local democracy which has evolved committees and joint consultative (health) committees in further with each Thatcher administration - through rate- Obsession (b) is: the 'proliferation' of political advisers at Labour areas where the co-option rules have enabled La- capping and abolition of the Metropolitan authorities to the left-wing authorities. Tb deal with this the Bill creates a bour to hold the majority. privatisation of essential seryices. new"regime limiting the number of political advisers a The government wants to create a single tier of local council can employ, Only one per political groupingwill be government which 'manages' the subcontractors but does allowed - up to a maximum of three. A lVatchtul Eye not engage in policy making or serious spending. This In practice that means there will be one perruling group requires local government as far as possible to be depoliti- party (of likely to Obsession (e) is: monitoring the activities of Labour coun- cised. Part I is the most important step yet towards this since no majority whatever colour) is -So, LL provide the opposition with a political adviser at the rate- cils for possible illegality. clarrrl 5 ofthe Bill creates unhappy goal. ô

4 5 Inkatha on the other hand claim that the violence is a Hilary Kitchin direct product of the 'people's war'waged by theANC and its objective of ungovernability. They say that UDF and COSATU are effectively manipulated by theANC. They too accuse the police of partiality and failure to protect their Protecting the members. The police and theAttorney General for Natal (the prose- Secrecy Culture cuting authority) deny an)'partiality. They attribute much ofthe violence to traditional tribalism and violent culture The government's introduction of the Security Services Bill amongst the Zulu. and Official Secrets Bilt will bring Britain's security forces under statutory control and replace the obsolete section 2 of the Offrcial Secrets Act 1911. It will not however provide Deprivation any effective structures to guarantee freedom ofinforma- tion. No balance is achieved between the public interest in It is clear that the living conditions of the people are a major protecting certain information and security operations, and cause ofunrest in Natal as in the rest ofblack SouthAfrica. the demand of citizens to have access to public information Apartheid has as its lynch pin, the townships. These are - and to be satisfred that democratic values are being main- the dormitory towns around the conurbations reserved for tained. particular racial groups. Whilst these are designated by the Supporters ofthe Bills have described the proposals as State, there is no town planning and a jumble of housing creating unprecedented openings into Whitehall. Yet the springs up ranging from lines offairly solid two or three effect of the new law will be to establish broad limits on roomed brick bungalows down to the shacks made from disclosure ofinformation and to create uncertainty for pub- packing cases and oil drums. lishers and those involved in public debate. Though the deprivation is softened by the lush vegeta- tion and warm climate, in many of the newer townships there are no drains, no water and no electricity to the The'Need To Know' houses. Lavatories and taps are communal. Overcrowding is such that each house is shared by an average 11 people. Much of the criticism of section 2 and of the government's l! In some townships schooling has broken down for lack of White Paper on secrecy focused on the need for greater o particularly resources, teachers. Unemployment in the freedom of information. The standards in these Bills do not PMB area is over 40Vo, of whic}a 807o consists of under 35 measure up to those of the UK's allies such as the USA, year olds. There is no social security system and many wage Canada, and Australia; nor, quite possibly, to European earners have up to 10 people dependent on their earnings. Convention provisions protecting privacy and freedom of Apart from those dead and injured in the violence, 20,000 expression. of terrorwaged by Inkatha in the PMB area. The allega- ties to sports clubs to church organisations to ethnic asso- have been rendered homeless refugees, making a barely Yet the Bills have passed through tions ofmurderãndthe alleged motivation are denied by the ciations. It was banned in February 1988. the Commons without supportable situation almost intolerable. It is estimated amendment, and are expected to emerge respondents whose casê is being frnanced by Inkatha. The COSATU is the trade union congress whichhas emerged from debate in the t}rat 70Vo of the people in the PMB townships live on or House of Lords unscathed. Amajor legislative applicants'case is being frnanced by COSATU, the Con- from the massive growth ofblack trade unions since the mid opportunity below the breadline. to create a more gress of South African Tlades Unions. 1970's. It is the only progressive mass organisation in open society is being wasted. Apart from the poverty, lack of roads and amenities, the Britain's What lies behind the conflict in court is a conflict over South Africa which is not banned. constitutional history has never yet produced a most striking thing about the townships is their distance developed concept positive representation of black people in South Africa. Inkatha is ofa 'right to know'. Freedom of from the small but prosperous town of Pietermaritzburg. speech in this country is an organisation which would like to be able to claim to rep- defined negatively by the absence From a couple of miles to twenty miles away, the townships preventing resent Zulus of country, a population of a law publication. The Bills will not break the 7,000,000 the Urban Growth are the dormitories from which the PMB workforce comes which extends far beyond the ragged andjigsaw boundaries with that tradition. Within the civil and security services daily by the ubiquitous combi (individually owned minibus) the'need of the bits of land which go to make up the Kwazulu Not surprisingly the UDF and the COSATU unions have to know'basis for communicating sensitive infor- to work in the downtown factories. The violence in the mation- whereby placed homeland in Natal. In the rural areas through the tradi- been growing in influence in the urban and suburban areas even highly people are often told townships is invisible to the whites, except through the only what they'need to is not tional structures and the power ofthe Chiefs, there is no as part ofthe struggle presently going on in SouthAfrica. It know'- likely to be affected complaints of their servants. The state of emergency pre- by these Bills. doubt that Inkatha rules. It claims 1,500,000 members. In has to be remembered that not only are many organisations vents reporting beyond repetition ofpolice statements and the urban and suburban industrialised areas around PMB banned and hundreds imprisoned without trial, but black court proceedings. and Durban, where the traditional organisation of life has people do not have the vote. They are therefore deprived of The Mthembu case brings this backdrop into sharp No More lVill Out gone, Inkatha has found a problem exerting a hold. any democratic expression. So organisation whether into focus. In particular it raises the question of the courts' Inkatha is opposed to apartheid and in favour ofpopular stamp clubs or trade unions takes on an added significance. ability to uphold the law, even apartheid law. COSATU and The Campaign for Freedom democracy. It has, however, strong ties with the South The view of the UDF and COSATU is that Inkatha has the UDF say that the criminal courts and process have of Information has stated in a briefrng paper (1) African State, not least because it is in reality little more fomented violence and encouraged their warlords with a failed and the civil courts are the last chance to demonstrate that the Offrcial Secrets Bill 'in itself will than an emanation of Kwazulu. Kwazulu is one of the nod and a wink (and sometimes more) to use violence to to the disillusioned people that the rule oflaw independent not leadto the disclosure ofeven a single item ofinformation homelands created by South Africa without a vestige of terrorise people in the townships to join Inkatha. They of the State has some credibility. which is not now available'. Removal of criminal sanctions independence, and abhorred by theANC and other 'progres- accept that township people have spontaneouSly organised Inkatha say that the bringing ofthe civil proceedings is protecting - for example - housing and education informa- sive' forces. ChiefButhelezi (recently returned from a trip self defence and sometimes retaliation. They say that if an abuse ofthe process ofthe court and a finding in favour tion, will not mean that this material reaches the public, for to Britain to visit Mrs. Thatcher) continually emphasises Inkatha really wished to stop the violence it could discipline of the applicants for the injunction will likewise destroy any without ministerial authority or a legal right of access, civil that the fundamental difference between Inkatha and the its own members. They say that the police and army have vestige of belief in the impartiality of the courts. Afinding servants will continue to risk disciplinary action, including ANC is that Inkatha disavows violence. The Inkatha encouraged and supported Inkatha both actively by supply- that Inkatha was responsible for these murders would dismissal, for unauthorised disclosure. leadership therefore denies the existence of warlords ing guns and gun licences and by turning a blind eye and seriously damage Inkatha's image abroad. The new law will introduce controls over six broad cate- amongst its ranks and that it uses violence to further its failingto investigate crimes alleged against Inkatha whilst The judge's task will not be an easy one. Either Tim Kerr gories of information, much of it in low security classifrca- influence. Members of Inkatha who use violence are acting harrassing those making allegations against Inkatha. or myself hope to return for the end of the trial when our tions. The first three are defence, security and intelligence, on their own initiative and are uncontrollable. They also say the violence in Natal serves a broader ob- report will be made to the ICJ and published. Until then and facilitation of crime. These are generally well under- The UDF (United Democratic Front) is the organisation jective of the State by portraying an image of primitive whilst an interim report is under consideration, we feel stood in the public mind. The fourth concerns telephone most commonly cited by Inkatha as being the cause of the black tribesmen killing each other and thereby being unde- unable to express concluded views on the many issues tapping and legalised burglary. Disclosure of information violence. The UDF rs a confederation of some hundreds of serving of respect and support as a people capable of raised by the case. relating to warrants to tap under the Interception of Com- ¡' voluntary organisations in SouthAfrica, from dance socie- government. munications Act 1985 is prohibited. The same applies to ministerial warrants issued under the new Security Serv- 6 7 -...-

ices Bill authorising entry onto or interference with prop- duced as a direct response to cases before the European Roger Field erty. Information relating to international relations, and Court of Human Rights arising from the disclosures of the confrdential information obtained from a foreign state or ex-MI5 offrcer and'whistleblower', Cathy Massiter. international organisation, complete the picture. The NCCL, which is acting in those cases, has stated that Exile or Imprisonment Conscientious Unauthorised disclosure by civil servants or government in the absence of a defence of public interest members of the - contractors of information in these six categories will be a security services are unlikely to make future disclosures criminal offence. Journalists or other members ofthe public even where their internal complaint of illegality has been Objection in South Africa who pass onprotectedinformationwhichhas been disclosed inadequately investigated. 'With the combined effect of the without authority will also commit an offence. Certain Bills and without any provision for Parliamentary ac- offences are absolute: for example unauthorised disclosures countability, how is the public ever to learn of the unlawful Since mid-1985 the people of SouthAfrica have lived under about security and intelligence by a past or present member activities of MI5?' Those lVho Say No an almost continuous state of emergency. The state has ofthose services. used emergency powers to suppress all forms of popular re- Other actions are to become criminal only on proof of Conscientious objeetion in SouthAfrica is as old as conscrip- sistance. The police, right-wing vigilantes and the army im- The pacifists damage, to defence interests or to international relations. A Violent Means' tion itself. earliest objectors were universal '..... Political, Industrial or plement these laws. disclosure may be damaging because it'seriirusly obstructs and members of denominations such as Jehovah's Wit- Each February the South African Defence Force con- 1974 South African Council the promotion or protection by the United Kingdom' of The Security Services Bill, which places certain sections, nesses. In the of Churches scripts over 20,000 young whites for the military defence of adopted a motion that questioned interests aboard, or 'would be likely to have those effects'. but not all, ofthe security forces under statutory control, conference the validity of apartheid. The SADF is a conscript force, consisting largely service under apartheid. The state quickly This test will be applied to a wide range of information, provides the services with a wide remit in protecting na- military intro- of youngwhite males, with a small professional permanent a yearjail including disclosures by Crown servants or subcontractors tional security. This includes protection from actions'in- duced six sentence for anyone who encouraged or force. Regional changes in liberation struggles and corre- refuse perform of defence material in their possession by virtue of their tended to overthrow or undermine parliamentary democ- incited others to or fail to military service. sponding counter-insurgency strategies have led the apart- not 1979 Peter position. The same test applies to a range of items relating racy by political industrial or violent means'. Burgling and It was until that Moll, a member of the heid state to enlarge and diversify the SADF. mainstream Baptist Church, confronted a to international relations and to information obtained from bugging can be legitimised by warrant from the Secretary the SADF as Military obligations for white males have increased ac- conscientious objector. Moll, had an international organisation which is 'confrdential' or of State. How far are the services and ministerial depart- 'selective' who completed cordingly. In 1957 a ballot system was introduced. In 1967, his period of service, put objections: treated as confrdential because of the circumstances in ment accountable to Parliament and to those whose privacy initial forward three with armed struggles in Namibia, Zimbabwe, Angola and society which it was obtained. may be invaded by surveillance? SouthAfrican was fundamentally unjust; he would Mozambique, nine months' seryice for all became compul- be forced to frght fellow SouthAfricans who had legitimate The Bill provides forthe appointment of a Commissioner sory. This increased to 12 months irr1.g72. Five years later, grievances; (a judge) and a tribunal whose decisions, including as to he refused to frght for apartheid. Moll was \f 'national servicemen'had to do two years full time followed 18 months jurisdiction, will not be subject to appeal or liable to be sentenced to in military detention, eventually by 720 days ofoperational duty over the next 12 years. questioned in any court. Complaints by individuals will be reduced to one year, jail made initially to this tribunal, which will delegate the Moll's stand and the senténces handed out to others investigation of activities allegedly covered by warrant to AForce to be Reckoned With created the springboard for the movement against apart- the Commissioner. The principles applicable on judicial heid conscription. In 1983, as a result ofchurch pressure, review will determine whether the Minister acted properly The SADF's total force numbers about 640,000, including the regime introduced a sixyear alternative seryice scheme pacifrsts. in issuing the warrant. Acomplainant whose case succeeds civilians and bantustan troops. Ofthese, 355,000 are con- for religiously motivated universal A state-ap- fulflrlling pointed Board for Religious Objection (BRO) would decide tti-^ will receive a notice that a determination has been made in scripts national service obligations. Its combat- ß^ his favour but no reasons; a negative decision is also ready force of 180,000 has 44,000 permanent force person- eligibility for alternative service - which could only be government notifred, again with no details of the frnding. nel and 112,000 national servicemen. performed in local or national departments. year jail The Commissioner will report annually to the Prime However, it also imposed a six sentence for po- Minister; the report will be laid before Parliament with a litically or morally motivated objectors and non-pacifrst re- statement that certain items have been excluded on secu- ligious objectors..The sentence was calculated on the basis rity grounds. These provisions fail to create any effective 5 of lSOVo of the time 'owed' to the SADF. All the mainstream -- tft punitive loE- individual remedy or rigorous Parliamentary safeguards. churches rejected the scheme as and refused to Each February the SADF conscripts over send representatives to sit on the BRO. 6 $'{ 20,000 young whites for the military defence of apartheid. Anti-Conscription Campaigns 'The Interests of the Nation' Genuine Threats or Suppression of Dissent? 9 After that no one was willing to go to jail until 1987 when In 1979 the test for suppression of information in the Phillip rWilkinson, a Catholic selective objector active in the Conservative government's frrst attempt to reform the law Research published in a recent briefrng paper prepared by Despite recent moves to implement UN resolution 435 in UDF was imprisoned for failing to render military service. was one of 'serious injury to the interests of the nation', NCCL Crown Court in African National Congress stressed the value ofopposition March ofthis year to imprison ayoungwoman for contempt to conscription: 'An important element in the actions of ofcourt because she was not suffrciently'courageous'to give defrance is the bold stand taken by growing numbers of evidence against a man who was said to have violently white youths who - despite the banning of the ECC - have assaulted her aroused wide public debate. That there was come to realise that they have no business frghting in not universal outrage and condemnation ofJudge Pickles defence ofapartheid. It is ofthe greatest importance that reflects, I suggest, the continuing and seemingly unassail- more young whites should adopt the positions of the coura- able assumptions that are widely held about male violence geous 143 conscripts, and others before them, and defy the against women. order ofthe regime to enlist them into the apartheid murder By his remarks and the seven day sentence he imposed squads.' Judge Pickles joined the growing list of judges who have tr In Britain theAnti- Apartheid Movementt 1988AGM re- exposed the gross lack ofunderstanding ofthe isolated and o solved to 'campaign against the participation of British vulnerable position of women victims of violence, particu- nationals in the apartheid forces, The SADF in Pietermaritzburg armed whether as merce- larly sexual violence, which women encounter once they naries or as dual nationals conscripted in SouthAfrica or become involved in our criminal justice system. movement. Launched at the end of 1983, the End Conscrip- limited. However when official government figures in 1985 Namibia'. This campaign will require support at local and tion CampaiCx (ECC) could not legally persuade people to and 1986 revealed that the numbers not reporting for national level. réfuse conscription, but it could call for an end to conscrip- compulsory military service were 1,500 and 7,500 respec- Internationally, UN General Assembly Resolution 33/ tion. This occurred during widespread mass action against tively, it was unable to sustain this argument. In subse- 165 of 1978 calls on all UN member states to grant asylum the proposed new constitution, which sought to incorporate quent years, until its banning in 1988, ECC activists were or safe passage to those who have left South Africa and Coloureds and Indians as pai'tners in the apartheid parlia- the target of anti-gay campaigns (they were not Namibia because they refuse to frght in the apartheid 'man' 'lt is well known that women in particular and ment. There for the army), arson, armed forces. It is likely that the numbers of war resister were indications that Coloured and Indian enough sabotage and detention with- small boys are liab¡e men would be conscripted. out trial. asylum applications will increase. Home Offrce treatment to be untruthful and invent In the following years the ECC organised a number of The organisation itselfwas subjected to increasing re- of recent refugee asylum applications suggests that war stories.' original and high profile campaigns which ensured that strictions in specific regions of SouthAfrica and in the cam- resisters will need all possible political and legal support Judge Sutcliffe, Old Bailey 1976 conscription remained a public issue. In 1984 it campaigned paigrrs it could take up. State of emergency legislation was and assistance. for Tloops out of Nømibio where SouthAfrica had 100,000 introduced that penalised any action which allegedly un- occupation troops. Another campaign that year asked: dermined military conscription. This effectively prevented This article wøs written on behalf of the Commíttee on Conscription for What?' In October that year the SADF the ECC from campaigning. South AfrùconWør Resístønee (COS.AWR), the organi- answered by sending more than 7,000 conscripts into sation of exiled South Africøn wør resisters in Britøin and The Court ofAppeal promptly agreed to the release ofthe Transvaal townships to suppress mass resistance. During the Netherlitnds. Its publications include Fìghting for young woman in the Leeds case and almost as quickly public 1985 the ECC campaigned for Tloops out of the Townships Public Stand Aportheid.: A Job For Lífe (1988), on EC citizens in the interest in the issue faded away. The young woman was lefT with large meetings around the country. SADF and, the role of EC multinationo,ls in maintøining still suffering from the trauma of her experience with the The focus ofanti-conscription activity then shifted back to øpørtheid. f3.50 o,uailable from COSAWR, ønd Reeíster, law. The criminal justice system continues as before - no high profrle conscientious objection. This time it was no COSAWR'sbimonthly journal on SAwar resistønce, church more affected by the public outcry on this occasion that it Foreign Nationals longer the actions of brave but isolated individuals. In opposition to øpørtheid and, the role of the SADF in main- has been in the past. August 1987, 23 Cape Tbwn conscripts made a collective tøining øpørtheid. Subs : f,8 pø ind,s and f, ß pa institutions, The SADF's manpower needs and opposition to conscription public declaration oftheir refusal to serve in the SADF. In cheques to COSAWR, BM Box 2190, London WCLN ÐQ( grew simultaneously. In October 1984 the regime changed March 1988 one of them, Dr Ivan lbms, received a 21 month An Instructive Comparison the citizenship laws. In an effort to increase the numbers it sentence for refusing to serve. Toms, who had already could conscript, all foreign nationals between 15 and 25 completed the initial two years of service, is now out on bail The failure ofjudges and lawyers to appreciate both the years and resident in SouthAfrica for more than frve years pending an appeal. personal trauma and the social context of male violence automatically became SouthAfrican citizens. Males in this In July 1988 David Bruce was jailed for the same 'of- against women, particularly in cases of rape, has been a category automatically became eligible for the army, adding fence'. Bruce's parents had fled Nazi Germany to avoid per- matter of continuing concern to the Women's Subcommittee a potential extra 49,000 soldiers to the SADF's total force. secution. Like many others he could have gone into exile. ' of the Haldane Society. Our focus has been the position of About 60,000 men in the SADF hold or have access to Being aware, as I am, of how European Jews and in fact the the woman as victim and prosecution witness and as law- British passports as well as their South African ones. entire people ofEastern Europe suffered during the period yers we have concentrated on improving the treatment Portugal has 60,000 nationals in South Africa and its of Holocaust, I feel that I have no choice but to set myself women victims receive at court. passport holders make up 2O7o of the SADF. Other EC against those who choose the path of increasing racial The London Rape Crisis Centre makes an instructive member states have significant numbers of citizens in the intolerance and racial hatred in the frrmest possible way' comparison with a male victim of street mugging tU. It SADF. This issue has been taken up by anti-apartheid He received a six year sentence which is under appeal, shows how differently the victim is regarded by police and groups and international legal bodies in Europe. They are In Augr:.st 1988 143 young South Africans publicly re- courts; the man is unlikely to be asked if he resisted; or, if investigating whether EC states can impose penalties on fused to serve in the SADF. They included veterans of SADF he did not, did he therefore consent to his money being European citizens or South Africans with access to EC Angolan invasions, commissioned oflicers and others who taken; or criticised for not screaming; asked ifhe regularþ passports who serve in the apartheid armed forces. had witnessed atrocities committed by SADF conscripts in gave money away; asked why he was out on the street alone; Namibia. Within days the ECC was prohibited from'carry- or criticised for wearing an expensive suit suggesting that ing out any activity whatsoever'. he might be carrying money. Moreover, where the offence Defamation and Clampdown This has not discouraged others from refusing to serve. is rape the questions are far more intimate and demoralis- On 5 December 1988 18 year old Charles Bester became the ing. As ECC work gathêred momentum the statefs initial re- second conscientious objector senteqced to six years. Tbms, Not only are most rape trials as much a trial of the sponse was to defar, it and to claim that its support was Bruce and Bester are all selective objectors. woman's character andway oflife as ofthe man's actions but

10 11 also the woman is meant to face this ordeal - with her sexual assault and to receive training on the advice and reputation, her self-respect and personal digrity at stake - assistance they could offer. A course entitled'Advising The Green Paper - completely alone. At the trial, or possibly the earlier old- Victims of Rape' will be held in London on 23 June. Mem- style committal, the defendant will be represented by solici- bers of the Women's Subcommittee have been working with and Defective' tor and counsel who will include in their duty to their client Professor Jennifer Temkin, author ofRøpe and the Legal 'Deficient the task of undermining the credibility of the victim and Process (3) and Beverley Slaney at the LegalAction Group to exposing and attacking her personal background and lifes- devise a course which will not only look at law and proce- The Haldane Society has prepared a detailed response to the government's Green Paper 'The Work and Organisation of the tyle. dures and the availability of legal aid funding in criminal Legal Profession'. Our submissions to the Lord Chancellor's Department, drafted by Kate Markus and Jeremy Smith, The prosecution's task is to present relevant evidence, and civil proceerlings and claims for compensation, but will are the product of lengthy debate including a public speaker meeting and special meetings of the legal services and fairþ try to obtain a conviction. The person for whom also examine the physical and emotional experiences of subcommittee. We publish below a shortened version of the submissions. the case is of greatest importance, who possibly even more women victims and the trauma which may well affect their than the defendant identifres with the matters at issue, the perceptions and responses for some time after the incident. victim herself, is allowed no part in the preparation ofthe We accept that this is an area in which lawyers have more Law serves a variety offunctions in society, dependent on its and defective. case, no lawyer to speak or intervene on her behalf. Often to learn than to say, and a majority ofthe speakers are not f socio-economic system. But ofthese functions, there are two In sum, the public's acceptance or otherwise of the the only person she will recogrrise at court is the man who lawyers but include a woman's counsellor, a senior woman ,¡i dominant roles which need to be identifred, and which de- proposed reforms will depend on the extent to which the attacked her. police offrcer and an adviser to victims of crime, all of whom t spite practical overlaps are conceptually distinct. The frrst frnal legislative proposals demonstrate a commitment to I public legal services. We do not deny the need for efliciency t is law as the arbiter ofbusiness disputes, and as the regu- lating system for economic activity. The principal players and effectiveness in this area of service, nor object to Relying On the Judges ..... are corporate frctional'persons'whose concerns are pri- competition within this sector; but a refusal to recognise the in connexion with different requirements of what we may term 'democratic 'lt is the height of impudence for any g¡rl to mary frnancial. It may be appropriate, this function of law, to consider the provision of legal legal services'from'business legal services'would lead to a It is, ofcourse, thejudge's duty to protect her from unfair hitchhike at n¡ght ... she is in the true sense use ofher services in market terms. false conclusion as to the way ahead. cross- examination and to restrict the ofevidence ask¡ng for it.' sexual history (in accordance with section 2 ofthe Sexual But law has another key role ofequal ór greater impor- Offences (Amendment)Act 1976). However, in practice this tance (according to philosophy), which is as the framework Sir Melford Stephenson, retired High Court Judge duty is often exercised with reluctance, based on ill-con- for providing and enforcing democratic rights (political, fndependence ceived views about women and about sexual offences. social and economic) which form the basis of a just society. In 1984 the Criminal Law Revision Committee consid- These rights exist to protect individuals, and though they do Whatever proposals a¡e ultimately put forward, it is essen- ered whether rape victims should be allowed legal represen- not adequately compensate for the economic disparities tial that the independence ofthe legal profession and the tation for the trial itselfbut in another short-sighted deci- within society, they do redress the imbalances to a limited judiciary are not undermined. The overriding responsibil- have vital relevant experience from which lawyers will sion rejected this proposal, (2) misguidedly relying upon the extent. This role of law requires enforcement mechanisms ity of lawyers, within the law and professional conduct, gain. Legal speakers include Professor Tbmkin, a solicitor judges to protect the victim and ignoring their poor record available to all without discrimination on grounds of frnan- must be to their clients. Their services must be appropriate and a barrister who have advised and represented rape for doing so. cial ¡esources. to their clients'needs, and therefore they must have educa- victims before drrd during criminal trials. tion and training which enables them to provide the full The speakers are all women; however as male lawyers range oflegal services. Lawyers must not be constrained by are, by sheer numbers alone, more likely to participate in fear, patronage or influence. We whollyoppose the introduc- Action rape trials to defend or prosecute or serye as judge we The Objectives - - tion of contingency fees, in part because they create a hope our male colleagues will see the relevance and impor- any statement of objectives cannot ignore the potential conflict ofinterest between lawyer and client, in The Women's Subcommìttee's concern for rape victims has tance ofthis course and will also take part. It follows that moved frem discussion to action. Firstly, we proposed a securing ofadequate provisions oflegal services in support part because they threaten to undermine the legal aid resolution to last year's Haldane AGM which was debated, of democratic rights, and it is axiomatic that of itself the scheme, and maybe used as an excuse for reducing legal aid. is incapable of so doing, however great the exper- Judges too must be, and be seen to be, independent. The References 'market' tise available within it. The Green Paper makes a passing 1. London Rape Crisis Centre, Serual Violence : the Reølity reference to the new Legal Aid Act and Board, and the for Women, The Women's Press 1984 not mean no. lt government's the adequacy its provision, but 'Women who say no do always 2. Criminal Law Revision Committee, Fifteenth Report, belief in of is not just a quest¡on of say¡ng no ¡t ¡s a Sexual Offences, Cmnd. 9213 1984 nowhere in the statement of objectives is this belief founded philosophical commitment to the need for public serv- quest¡on of how she says it, how she shows ¡t 3. Jennifer Tbmkin, Rape ønd the Legøl Process, Sweet & in a and makes it clear, lf she doesn't want ¡t she Maxwell1987 ices. The Green Paper suffers irredeemably from this ab- only has to keep her legs shut and she would sence of a clear policy objective and a commitment to secure, in all areas and to all citizens regardless ofresources, the \ not get it without force and there would be Full details ofthe course are auailable frorn Beuerley Slaney, Legal gUN, availability ofhigh standard public legal services. The law \ marks of force being used.' Action Group, 242 Pentonuille Road, NI Tel. 01-833-2931. is a hard and complex arena, and in many areas of work lay \ D advisers are no substitute for those with legal skills and Judge David Wild, Cambridge Crown Court 1982 i experience to act for, and committed to the interests of, the j deprived and disadvantaged. Our concern is that the government's policy is actually to .-"------5= reduce provision ofpublic legal services. It appears that the amended and passed. 'The resolution, inter alia, called on limiting of legal aid by reducing eligibility over a sustained A'rß the bodies responsible for legal training to'set up a pro- period, and the underfunding oflegal aid practitioners, are gramme to educate the present and next generation of deliberate objectives of government, which have already lawyers and judges on rape and the effect on rape victims, caused the disappearance of many traditional legal aid including rape trauma syndrome'. The Bar Council and the practices. This trend is likely to grow much worse. Without Lord Chancellor's Department were sent copies of the a clear commitment to public legal services, the changes resolution, but their response, other than an acknowledge- proposed in the Green Paper, including the emphasis on ment, are still awaited. The Law Society was far more increased competition, are likely to reduce the provision of positive in its response, acknowledging that this was a topic services to ordinary people in crucial areas of need. In- encourag- creased competition for the business consumer can only be ? suitable for inclusion in solicitors' training and t¡ ing the Haldane Society to organise such a course. This has justifred if active steps are taken to promote publii legal now been done. services. In this regard, the Green Paper's passing refer- For the frrst time, lawyers will have an opportunity to ences to law centres, whose funding needs and policy role gain some insight into the experience of victims of rape and are misunderstood or ignored, are particularly defrcient Jo Delahunty

12 13 --..-

concept of independence requires that they should not We have no objection in principle to the establishment of The Judiciary promote the interests of particular interests within societ¡r anAdvisory Committee of Legal Education, thoughwe have S\ryAPO Tb that end, they must be representative of society in terms strong r¡iews on the need for a broad representation of We accept the arguments in the Green Paper for extending - of background and of philosophy, It is essential that any interests upon it ifestablished. The perception of'packing' the basis ofappointments to thejudiciary and for greater A Government reforms should be seen to promote this broad concept of such a body with those known to support the policies of a flexibility in promotions. We consider, however, that the I independence. We are particularly concerned that propos- particular government (which we regret is the norm rather narrow social base and conservative outlook ofmostjudges give government als to por¡/ers over certification of advo- than the exception with the present government) would be dictates more far-reaching changes to promote social jus- in Waiting? cates may lead to undue influence over the legal system and wholly opposed to the concept oflaw as being independent tice. Ultimately, there is no logic in appointing the judiciary profession for party or sectional interests. of sectional interest. solely from a caste ofadvocates, since there is no necessary The South WestAfrican People's Organisation, SW¡\PO of connexion between the attributes of a good advocate and Namibia, has long been recognised by the UN as the sole those of a good judge. authentic representative of the Namibian people, despite The Providers of Legal Services Professional Conduct the illegal occupation.of the country by SouthAfrièa since 1966. SWAPO is also recognised by the Liberation Commit- Chapter 2 fails properly to analyse legal services or their The question remains whether this body should have the A Programme for Public Services tee of the Organisation ofAfrican Unity. providers Under the and is miserably defrcient in examining the dif- role proposed in respect ofconduct as well as education. If Namibia accords signed last December and fering social function oflaw and ofthe providers oflegal it is not truly representative ofthe different interests and A comprehensive programme for legal services is required, underwritten by both superpowers, the transition to Na- services. The generalisations that follow in the Paper suffer perspectives in sociely, this role is not acceptable. Ifit were to ensure adequate provision and public accountability. Our mibian independence will take place during 1989-90 \Mith from this defect, and lead to proposals which will increas- a representative body, then we can accept the public inter- own proposals include the following elements: elections scheduled for next November. SWAPO are still ingly erode that social justice which the norms and values est in transferring part of the profession's existing role on firm favourites to win despite an unexpected outbreak of . determination oflegal provision on an area basis, to suit of our society formally promote, but which in practice conduct to such an advisory body, adequate frghting in early April in the northern region close to the subject to differing needs around the country. requires effective access to legal expertise for the economi- safeguards. Local committees Angolan border. However a two thirds majority in the new consisting of representatives of legal service providers, cally weak. Our key concern in this area is to prevent illegitimate Constituent Assembly is needed to promulgate a new con- local government, community organisations, advice In considering the providers oflegal services, particular state pressure being brought to bear on legal practitioners stitution. agencies and others involved in the provision oflegal (TK) regard needs to be paid to those providing public legal who, fairly but unpopularly, defend or promote their clients' fim Kerr spoke to Shapua Kaukungua (SK), services would formulate plans for legal services in each services. Legal aid practitioners must be available in the interests. Though the present system ofpurely professional SWAPO's Chief Representative for Western Europe and a areas in which their clients reside. position aIea. member of the Central Committee, a few days The of law control suffers from lack ofpublic accountability, it at least o before the centres is also crucial. The legal aid scheme made impor- provides some protecúion against abuse of governmental in each area, adequately funded legal aid offices and/or flrghting broke out, tant, but insuffrcient, progress towards satisfying the offrces of salaried lawyers should exist which would unmet need for legal services. Law centres were developed undertake legal advice and litigation. in part 5 you to meet needs outside the traditional range of exper:- . at least one law centre should exist in each area, TK: Can tell us something about what the content ofthe tise of private practitioners, yet which related to the most No one can support the maintenance of pro- properly funded by central government. Namibian constitution would be unde¡ a SWAPO govern- basic of legal problems housing, employment, immigra- ment? - fessional practices which serve the vested . there slfould be a range ofspecialist and generalist tion, education, social security etc. Although long recog. interests of a profession rather than protect- advice agencies, also funded by central government. SK: Well that's a matter for the ConstitutionalAssembly nised as playing a vital role in many areas, law centres have inÊ the public. afùer the elections are over and independence never had frnancial security. ¡ . regional committees should be set up to co-ordinate and has been 9 achieved. I have no mandate from the Namibian people to It is wrong that they should be dependent on frnancial rationalise legal services provision, and they should articulate the detailed policies of a SW¡\PO government. assistance from local government, since the local authority where appropriate establish regional legal service bodies. The constitution of an independent Namibia will be the pre- is bound to be 'the other side'in many disputes. Though power. We believe that the right balance could be struck by rogative of the elected members of the ConstituentAssem- many local authorities have behaved honourably towards requiring that the broad principles ofconduct . publicly funded access to specialist providers oflegal be enshrined bly those who are empowered by the Namibian popula- centres, and not sought to use funding as a lever, there is in primary legislation, more services should be available. - with detailed provision and tion. clearly a need for long term centrally provided funding enforcement being left to the profession(s). which does away with possible conflicts of interest. The TK: Are there any SIVAPO policy documents, for example work oflaw centres, ofcoufse, goes beyond the prövision of Conclusion debating the issues ofwhat the content ofthe constitution services to individuals, and their work for local community Reform of the Profession should be? and voluntary organisations on developmental and policy No one can support the maintenance of professional prac- SK: Concerning the ideas SWAPO might have as an organi- issues must be recognised. The Society has long favoured fusion of profession, tices which serve the vested interests ofa profession rather the sation preparing itself to govern, yes, but it's not something though this is only one component of our overall legal than protec{ing the public. The legal professions have a long which we have to talk about because that would not be services policy. It is necessary to consider the overall pack- history of confusing their own with the public interest. consistent with the ibarristers. We support, subject to appropriate need for restructuring the legal profession, but this should enact after the liberation of the Namibian people under a favour of 'business law' against 'democratic law', and that public interest safeguards, increased rights ofadvocacy for only be done to enhance the democratic role of law. SWAPO government? each receives proper emphasis and encouragement. The solicitors, and we are not persuaded that this, or indeed If the Lord Chancellor is to proceed with reforms, then it SK: I won't go into much detail on that because there will core subjects referred to atAnnex C fail to get the balance more explicit moves towards fusion would of itself reduce must be clear that public support and confrdence, not only be an election manifesto from SW¡\PO which is not yet out. right. the important functions presently carried out by the Bar. in the government's proposals but in the rule and role of law, Itwill be made publicwhenthe time comes andwe will spell Beyond this, we are worried that subjects of concern to So long as two separate professions co-exist, we accept will be dependent on a philosophical and practical commit- out what sort of government you can expect from SW¡\pO. the economically strong may be treated as 'specialisms', the case for increased flexibility, and for partnerships be- ment to the needs of the majority of the population for high- But generally one can say that a SW\PO government will while those associated with the needs of the weak, though tween solicitors and barristers. Nor are we opposed in quality, accessible and affordable legal seryices. This can- enact laws which will govern the society of our country and just as intellectually rigorous, may be less fully considered. principle to multi-disciplinary partnerships going beyond not be achieved by the deifrcation of the market-place, but that all people shall be equal before the law, everybody The Green Paper fails to address the key issue ofaccess the existing profession, but in the present context see these only by a comprehensive public legal services programme. should have an equal opportunity to have employment, to legal education and to the profession. Any move towards as likely to favour financial institutions and their particu- education, housing, and people should have freedom of a loan system in place of grants would be detrimental. The lar client groups. Accordingly, ifthis proposal is to be taken If y ou w ould like a copy of the full text of the submissions or movement, of speech, of assembly, and so forth and so forth profession must attract students of all backgrounds to the forward it is all the more important that the government is to become inuolued in the continùing debøte on legal seruices that is really all I can say so far. law, and in particular more black entrants. It must also seen to be addressing the needs for legal services ofthe dis- please contact Kate Markus, 96 Chichele Roød, Lond.on - ensure that woman have equal access. advantaged in a serious and commitfed manner. NW2, TK: Are you able to say when the manifesto is likely to be

14 15 published? TK: As far as land ownership in Namibia is concerned, what Peter Wilcock are your plans? Would SWAPO spread the ownership of the Well, the election campaign starts on 1 July 1989 so SK: land more widely? every movement, every party participating in the elections is expected to put forward its views to the people by then. SK: Yes. At the moment the most fertile land of our country 1989 No Solution in Sight That's when the election campaign ofÏìcially starts. And the is owned by a few settlers while the majority of the Namib- The PTA - voting is in November. ian people have no land of their own. Obviously that system will change. In SWr\PO's view when the government comes TIÍ Are you able to say whether the manifesto would we imagine thatthosewho have landmust share withthose contain a provision for a one party state or a multi party privately owned who have none. Ofcourse there will be land On 22 March1989 a new Prevention of TbrrorismAct came re-enacted PlAarrest provisions actually succeed in catch- state? got, but we will make sure that if somebody has say, three into force. Based on a myopic view of the political situation ing terrorists. Less than one in eight of those detained were SK: I can't say until the manifesto is published. or four farms while others have none he has to prepare to in Northern lreland, it exemplifres the belief of successive charged with any offence, let alone one connected with share with others. And of course the point we are empha- primarily a terrorism. These figures do not denote a'prevention of ter- TK: What about the repressive regime of security legisla- British governments that they are dealing with sising is that everybody who owns land must own it and newsworthy rorism', unless the threat ofrandom arrest and detention is tion brought in by the SouthAfrican occupying forces for security problem. Their aim is to contain - tend it for the benefrt of the society as ,a whole. At present in itselfbelieved to deter would be terrorists. example the law AG9 of 1977 gives the security forces violence rather than to accommodate differing aspirations certain land is owned by individuals who do not tend it but What the legislation does provide is an easy means of sweeping powers of detention search and seizure in the in Irish politics. simply prevent others from occupying it. That sort ofthing re-enacts many previous PTA provisions, information gathering for the state and security forces. 'operational zone'. What would SW.¿\PO do with that legis- The 1989 Act has to come to an end. So there is the possibility that the power to proscribe organisa- Potential terrorists are defrned by theAct in a broad and lation, would you repeal it and if so what would you replace such as the Home Secretary's government will nationalise some of the private lands, that manner. Exploiting public fear of terrorism, draco- it with? tions. Many of the re-enacted powers have already been the vague will be done, but of course compensation has to be paid. subject of criticism. nian information gathering techniques are established of the Secretary General's protest. of recommen- SK: One of the frrst tasks UN TK: Can I ask you about the trade unions in Namibia. The with minimal In spite Lord Colville's on be to infamous pbwer to charge special representative his arrival in Namibia will major unions have supported SWAPO in the struggle for dations, the 1989 Act retains the repeal repressive and laws have about all discriminatory which independence. Will a SWAPO government'enact laws to Internal Exile a person with witholdinginformation terrorist activi- people been imposed on the Namibian by the illegal regime guarantee freedom ofassociation and the right to strike? ties. An equivalent charge is not available under the ordi- going of SouthAfrica. So it's not SWAPO that is to repeal all Both the 1986 and 1987 Colville reports on the workings of nary criminal law. The risk of false allegations of terrorist going SK: Well I believe so, but that is something I cannot of that, it's the UN. Elections, if they are to be free and the PIA recommended that the power to issue exclusion involvement being made under threat of prosecution is a free course guarantee or state categorically because those are fair, must be held in really atmosphere - therefore all orders should be abolished. Such an order is tantamount to plain. people's the kind of things the constitution of Namibia will contain. restrictions which control movement, or the ex- a sentence of internal exile. A person subject to such an But I should think the workers will be free to strike, to pression of their views, will be repealed. order is stripped ofbasic civil rights. There is no right to demand their money, to get their rights as workers. TK: How do you see the judicial system of the country know the evidence on which the order was made, nor to test Tory Flagship developing after independence under a SWAPO govern- TK: Under the UN accords all the parties are supposed to it by cross-examination, nor to appeal. Excessive power is ment? release their detainees by lstApril. Do you expect to get arrogated by the state to itself. The government regarded the powérs dealing with those many of your cadres back from detention in SouthAfrican Similar criticism of the detention provisions was made who provide'financial assistance for terrorism'as the flag- SK: SWAPO has a Department of LegalAffairs; the Secre- hands? by the European Court of Human Rights. The Court recog- ship of the fleet of amendments they steered through tary whqis the Head of the Department is empowered by nised as its touchstoRe the 'need inherent in a democratic Parliament. It becomes an offence to knowingly enter into yes, provided plan the SWAPO Central Committee to do everything possible to SK: Oh it's for in the UN that when the system for a proper balance between the defence ofdemo- an arrangement to facilitate the retention of funds for the (UN advise what should bè'+,he legal system to be set up in the UNTAG Thansitional Assistance Group) arrives in cratic interest and the preservation ofindividual rights'. country - but I wouldn't like to go into details at this point. Namibia on l April, the frrst thing the Secretary General's (r) The re-enacted provision enabling a detained person to do is repeal special representative will all discriminatory be held for over four days before being charged or brought release and repressive laws; and I think of the detainees before an independent court was held to contravene the prisoners and the will be one ofthe frrst issues to be tackled European Convention. so we expect our cadres who are languishing in South Rather than accepting these criticisms, the Act intro- Africanjails to be released. duces new provision for systematic reviews of the pre- TK: Do you know how many SWAPO cadres are to be charge detention ofa detained person. Reviews are to be released? carried out by an'independent'ofÏìcer. In ordinary circum- stances the 1984 Police and Criminal EvidenceAct (PACE) SK: Well we only know specifrcally those who are in jail as ensures that suchrevie'ws mustbe carried out after the frst a result of court cases. They were sent to prison for some six hours and at nine hourly intervals thereafter. Under the years. But there are hundreds and hundreds ofothers who PTAprovisions detention need only be reviewed'as soon as are detained indefrnitely in South African military bases. practicable'and then at 12 hourly intervals. There are no We do not always get any indication whether they are still further reviews once the Secretary of State has approved alive. We don't know the exact number. detention beyond 48 hours. It is not apparent why people protection TK: And on the other side does SWAPO have detainees? arrested under the PIA need less than those Will you be releasing prisoners and if so can you say how arrested under the ordinary law. many you will be releasing? SK: No we have no political prisoners; as far as we are ALot to Live Up To concerned we have agents of the enemy have whom we furtherance of acts of terrorism. It is already an offence to were infrltrated apprehended who into our ranks with the AnyAct calling itself the Prevention of TerrorismAct has a contribute towards 'acts of terrorism' and proscribed or- specifrc task ofeliminating our leaders and our cadres and lot to live up to. The rationale is that separate laws are ganisations. a lot of damage these people also causing - are who are needed to cope with terrorists. The establishment regards The wide definition of terrorism possibly encompasses causing trouble. this assumption as inviolate. All reviews into the workings international Liberation movements, such as the African TK: How many of these? of the legislation have been based on this premise. Yet is the National Congress, not universally described as terrorist assumption correct? Since the enactment of PACE the organisations. Additionally, the Act allows contractual re- SK: Well I do not know the number personally. Naturally ordinary criminal law is arguably suffrcient. All the of- strictions on disclosure ofinformation to be overridden, to as you know where there is a war there must be some fences described as 'terrorist'within the FTA come within enable the authorities to be informed that funds or property enemy agents on both sides and these people are normally the PACE defrnition of an arrestable offence, permitting are derived from terrorist sources. Recent Drug taffrcking released after the war is over so they will be released and arrest without warrant. Act case law illustrates that this provision covers lawyer/ handed over to their masters or whdÞver wants them. Shapua Kaukungua Furthermore, there is scant evidence that the faithfully client confrdentiality. (z) Furthermore, the Northern Irish

16 17 Kate Markus Taking Up the Public Law Challenge

get Just over a year ago' a group of practising and academic law for those who need it most and, in general, it least. lawyers got together to discuss the inadequacy of legal In many ways the Project is like a national community services available to groups and individuals involved in law centre. It will provide a wide range of skills, enabling public law issues. Now, after many meetings and a great users to pursue their interests in a society dominated by deal of drafting and redrafting the prospectus for the complicated law a,nd procedure and generally orientated to Publìc Løw Proiecú has been flrnalised, temporary prem- the needs of the powerful and the wealthy. ises obtained, and the initial funding applications proc- The Project will not only provide practical and legal re- essed. Support for the Project is overwhelming. sources. It will also coordinate its experiences and expertise In the last decade we have seen the continuing erosion of in public law, It will carry out its own research, working rights and liberties in Britain, the widening gap between closely with universities and polytechnics. The Project will rich and poor, the privatisation of many important public provide specialist training for students, hold seminars and services and a shift of emphasis from state care to self- conferences and encourage'development of courses and reliance. Some lawyers have been examining their role in teaching materials. The enthusiasm of academics has led to the light of these concerns. Ensuring access to effective several provisional offers ofoffrce accommodation and other legal resources is one important component in a strategyfor facilities. London accommodation has already been secured .ianking industry is heavily dominated by protestants and a person to remain in a specified part of a building or vehicle opposing the progress ofthe right. at the Institution ofAdvanced Legal Studies, but it is hoped may frnd itself party to discriminatory disclosure practices. during a search. We now have the Kafkaesque possibility of For years welfare lawyers in Britain have been involved to have at least one offrce outside London. Assets of those convicted of terrorist offences may be a person being sent to jail for two years for walking from in public and administrative law issues. Law centres have seized. Indeed they can be frozen before trial. In order to their living room to their hall. attracted clients adversely affected by the decisions of a escape these forfeiture powers theAct requires a defendant Pressure for this reform came from the security forces range ofpublic bodies: local and central government, public A Partisan Approach to prove a future negative: s/he must prove that the assets themselves. \{hile it may be convenient to them, it is a short authorities and corporations, administrative bodies and have not and would not be used to further or commit acts of sighted measure which will exact a high political price in tribunals - all largely unaccountable through traditional The use ofthe law will be an adjunct to the activities ofclient terrorism. The prosecution's task is made even easier by a resentment and alientation. In any case, genuine cases of court procedures. gïoups. It is not intended to make clients dependent on the presumption that the assets may be so used if there is no interference with a lawful search would amount to assault The clients are often unable to frnd sympathy in' or even law, nor to encourage them to lose control of their own evidence to the contrary. or obstruction of a police offrcer in the execution of duty So access to, the courts, and can rarely match the resources development and achievements. The Project will therefore the power is superfluous as well as divisive. available to the bodies they are challenging. not rely solely on litigation. Although it must have the potential to litigate to the highest level, legal services are A Special Caúegqry of Prisoner 5 frequently more effectively deployed outside the courts. Overstretched Everyone involved wants to see this Project providing a Prisoners have a particularly emotive role in Irish politics; We now have the Kaflraesque possibility stable legal resource for other organisations, helping to person to jail for the 1981 hunger strikes provide a vivid recent reminder. of a being sent two Law centres can help their clients to influence decisions sustain them and their activities in long struggles and in years from living be Political offenders tend to bind together and the para- for walking their other than through litigation - by negotiation, gathering preparation for litigation and campaigning work. It will military connection is often strong. The present gôvern- room to their hall. evidence, providing information and helping clients to close enough to its users for mutual trust and understand- ment is determined to break these ties: political status is 9 organise into effective groups. But the services provided by ing to develop quickly. rejected. law centres and others do not go far enough. Law centres Finally, the Project will adopt a partisan approach to It is therefore ironic that the 1989 Act introduces a The PlAis both unnecessary and dangerous. Unneces- only cover l\Vo of F"ngland and Wales and, where they do public law issues. It will recognise that law has developed special category for those convicted of scheduled terrorist sary because the stated oþective of preventing political exist, they are overstretched. Many national or regional or- according to the interests ofthe rich and powerful and does offences in Northern Ireland. Remission is to be decreased violence is just as effectively met by existing criminal ganisations dealing with working class and other disadvan- not take account ofthe needs ofwhole sections ofsociety' from one-half to one -third where a person is sentenced to a provisions. Dangerous because it legalises unwarranted taged client groups lack any strategic legal resources. The Project will aim to redress that imbalance and injus- frxed term offive years or more for a scheduled o{fence. The intrusions into individual rights. Private practitioners are often called on for free legal tice. change was said to be a response to the reconviction rates of Both the original and presentActs were rushed through support; although often given, it is on an ad hoc basis and such offenders. In fact less than 20Vo of those convicted of Parliament. The 1989Act ensures a future lack of scrutiny. cannot be relied on' terrorist offences are reconvicted on similar grounds. The'annual review'provision is invidious. It will mean a Sadly, law centres and other advice agencies have to The impression that the change brings the Northern lre- late night couple of hours' debate in an empty Thursday spend far too much time extracting funding from public au- land system into line with England and Wales is false. night chamber, among a hotch-potch of other Irish legisla- thorities in crisis rather than working with them on areas There is no parole system in Northern lreland. In addition, tion, not a review in any meaningful sense. of common interest. The pressure of work is so great that the courts are now required to sentence a reconvicted No matter how many Pll{s are passed, the violence in there is little opportunity to stand back and assess its effect prisoner for the remainder of any unserved original sen- Northern Ireland will not stop until the root cause of the and direction, nor to keep abreast ofconstant change in the tence. problem, rather than the s¡rmptom, is tackled. A pre- law There is no evidence that these changes will prevent the condition for an end to the violence in the six counties is that , In public law, strategies are all important. Yet an unco- use ofviolence for political ends. Inevitably, though, they its people, and in particular the catholic minority, should no ordinated publicly funded legal service means that benefrts will increase resentment and alienation in both prisoners longer be subjected to real, or even perceived, discrimina- and lessons learned are rarely spread effectively through- and their families. tion. out the country or to other organisations dealing with similar issues. References Unúecessary and Dangerous L Brogøn ønd Others, The fimes, 20.11.88 o 2. Francis and Frøncis -u- Central Criminal Court,The A National Centre The passage of the L989Act was accompanied by intensive Independent, 4.11.88 house to house searches in republican areas of Northern The Public Law Project aims to address these problems. Ireland. The 1989 Act will heighten the tension these This article is based, upon submissions totarliament prepared by The central aim ofthe project is to provide access to public searches produce by allowing the police and army to order the Criminal Law Subcommittee. 19 18 FEMINISM AND CENSORSHIP: REVIEWS THE CURRENT DEBATE Gail Chester and Julienne DickeY (Eds.) Prism Press, 1988

This is a collection of30 feminists'essays about censorship' I found it disappointing that in these times of section 28, the Fein, and.The SøtanicVerses,the t"\ broadcasting ban on Sinn feminist contribution to the debate should be so strongly dominated by the issue ofpornography. The book focuses almost entirely on the balancing act between freedom of ex- pression and the need to counter negative images ofwomen pornographic literature. incidents such as the 1986 disturbances in Tbttenham and in POLICING AGAINST BLACK That said, the book is an accessible guide to the often the Notting Hill Carnival. Individual documented cases bitter divisions within the women's movement over pornog- PEOPLE include those ofTlevor Monerville, Colin Roach and Cherry 0 essays provide concise ofthe diverse compiled by Groce. raphy. The expositions political positions. Ifthere was previously any doubt, the o The commentary touches upon the relationship between The lnstitute Race Relations that there is no feminist'party line'! o of the police and the media. It considers how the media may book illustrates There are a number of essays on the best way to 'deal' effectively collude with the police by supporting methods of a with pornography. Their starting point isAndrea Dworkin This book presents research, compiled policing which are racist. This adds to the process of 'crimi- by The Institute of and Catherine MacKinnon's attempts to have legislation Race Relations, into the policing of the black community. nalisation' of black people:'a form of 'sus' journalism has passed in Minneapolis and Indianapolis, giving women the The evidence was given to Sir Peter Imbert in 1987. It deals developed to parallel the police's own suspicions of and right to sue pornographers in the civil courts. Both these or- primarily with the Metropqlitan Police. operation against black people'. dinances have now been overruled. Various aspects of policing are covered; the Community, The effects of coercive policing upon black people are At the heart ofthe debate about strateg'y is a disagree- Racism, Black Protest and the Police themselves. Also summarised as 'an upward spiral of pent-up violence'. ment about the nature ofthe evil to be eradicated. Cather- attached as an appendix is the evidence presented to the Again the Tbttenham riots are used to show how an almost ine ltzin's essay Ser ønd censorship: the politicøl i'mplicø- Royal Commission on Criminal Procedure in 1979, entitled irreversible chain ofevents can start from police mistreat- tions broadly takes up the Dworkin/IVIacKinnon position: Police Against Black People. ment of black people. 'There still persists an "illusion" that there is no provable Each chapter draws upon well documented case histo- The strength ofthis book lies in its presentation ofcase connection between pornography and violence .... the truth ries. Theqe are cited as evidence ofthe appalling treatment studies. It provides material from which the uninitiated can the irony is that pornography is violence .... I see no meted out people police form a view about policing of the black community. However - - to blaek by the over the last decade. contradiction in campaigning against political censorship Tb those familiar with the workings of the criminal justice the book will add very little to the knowledge of those who and for the censorship of pornography.' Liz Kelly in Tåe US process, this book will confrrm the view experienced by the work in or with the black community. Whilst the book Ordinances sees the DworkinÀlacKinnon approach not as black community that the police ofTen act as if they were a contains plenty ofevidence there is no statistical presenta- censorship but'an attempt at radical (feminist) law reform'. law unto themselves. tion or analysis. The Institute could usefully go on to models for the creation of an offence of inciting violence I found I had more in common with those essayists who The evidence presented in the book is at times over- produce a detailed analytical commentary on the evidence. against women'. Barrister SonaOsman expertly points out are critical of the legislative approach.As Pratibha Parmar whelming. The reader cannot conclude reported The book could then achieve wider currency and would be of the dangers of relying on legislative models which have that the puts it,'What puzzles me is how women who have defrned incidents merely greater practical help to those involved in campaigning and failed to serve black people', and the political are isolated occurrences. The case studies all men as the enemy can ask the 'patriarchal state' to 'quite clearly are presented as evidence ofa systematic and overtly racist working for change in this important area. folly of legislating on the basis of an analory between the intervene on their behalf and pass laws in the interests of style of policing. Reference.is made to - " structural oppressions ofwomen and ofblack people. .--olicised Gabriel Black lvomen'. Pratibha Parmar is not the only contributor who Whilst the book is dominated by the issue of pornogra- thinks it 'suicidal to consider the possibilities of strategic phy, there are a couple ofgood articles about censorship in alliances with the state'. other areas. Anne Conway's Censorship in lrelønd, ttaces Many contributors are particularly concerned that the the legal battle over the right of Dublin women's clinics to t2 US Ordinances have provided a focus for strategic alliances 34 give abortion referral advice. Noreen O'Donoghue's essay 6 between radical feminists and the moral majority. In the on'Out for Ourselves', a book about Irish lesbians and gay excellent False Promi,s¿s the writers point out that the men, describes the unoffrcial censorship of the book thinly 'further narrowing of the public realm of sexual speech co- disguised by booksellers as a commercial decision not to incides all too well with the privatisation of sexual, repro- stock books which'wouldn't sell', I found this a compelling ductive, and family issues sought by the far right.' The of economic interests that lie at the heart of legally imprecise terms used, for example, 'material in illustration the issues offree speech and censorship. which women are presented as whores by nature'smack of Finally, I'd like to mention Ros Schwartz's essay A the language of the moral majority. As is pointed out, of Allegiønce? in which she recounts a tale of limiting the publication of sexually explicit material would Question fascination for all lawyers: the goings-on behind the closed also have grave implications for 'safe sex' information doors of the jury room. Ms. Schwartz was a juror in an campaigns. obscenity trial, and had to spend a week locked up with her The book also features discussion of the implications of co-jurors reading pornography. She describes the debate the American experience for British legislation. Melissa amongst the jurors when they retired. Gripping stuffl Benn's essay on Clare Short's 'Page 3 Bill' records the The book provides food for thought in a complex area, strength of feeling the Bill aroused in this country and without assuming vast prior knowledge of the issues, nor demonstrates the clear link in the common-sense feminist patronising the ¡eader. It made me challenge my own ideas, consciousness between pornography and sexual violence which must be the mark of a good politicat text. I'd recom- against women. mend it. " TRkE yOUR llME MRs ÍENKiNS , Al{D Try ÊND |ÞENT|FT Catherine Itzinhas proposed that the Race RelationsAct THE YOUÎH IVI{O gNâTCHEÞ YOUR HâNDBÊô.'' 1976 and the Public Order Act 1986 should be used as Alison Lee

20 21 CRIME BOOKS REVIEWED BY to be assigned to the case! Despite the usual drawbacks this BLACK MASK is a well written and rich book which is exciting to read. Set in LosAngeles (stickwithme and read yourway around the LETTERS American cities), it contains a useful profrle of the typical I must apologise for my snivelling column in the last issue. serial murderer and a humane approach to mental illness. But, since writing it, I admit that I am doing my reading in There is strong criticism of the use of drugs as the only a rather cynical mood. So to clear the air I am going to list treatment for the mentally ill. Again the cormptibility of the things that annoy me most about detective novels. Have the medical profession in a profrt system is revealed. you ever noticed that every single eharacter has a purpose Unfortunately the hero is just a little bit of a nerd, He has plot? in the As soon as someone is introduced I start what used to be called a lifestyle in one of the L.A. canyons. wondering if he or she is the murderer. Some authors throw His partner is a post feminist paragon who says things like in decoys and slip in the real villain inconspicuously, but 'Catch you later sweetie'. They have what the author must even then the decoy frts in somewhere. The more compli- think is a supportive relationship consisting ofplenty ofsex, cated the plot the worse this tendency. Even more irritating buying each other expensive presents and cooking each is the inevitable scene when the detective and her helpers other elaborate meals. There are otherAlex Delaware books and cronies sit round and solve the crime, with the cronies which I'm sure are worth reading. asking leading questions. Sometimes this happens at the Míesing Personc by l)avid Cook has none of the above very economic matters. end, because the reader is still in the dark as to what faults. It is not really a conventional detective novel at all. SOCIALISTS DOWN UNDER has happened. The military courts are based uponArticle 66 of the 4th Often other times it is a little before the end, But the heroine Hetty, a elderly raver, sets herselfup as a Geneva Convention under which rules pertain so that the detective can frnd the murderer and tie up loose 'supergran sleuth', demonstrating the universal frctional Dear SZ all of law ends. including rules of evidence as in common law courts and You may remember these meetings as a weekly notion that anyone can be a private detective. Note that no occurrence rights ofappeal. in the old Perry Mason t.v. series. The real frctional character ever attends private-eye school or any I have just been reading the Winter/Spring edition of Social- masters of the genre, Elmore Article 72 ofthe 4th Geneva Convention gives an accused like Leonard, don't need to other kind of vocational training. But Missing Persons is a ist Lawyer which I'stole'from some of my colleagues in the bother nonsense. the right to counsel but this is qualifred, sayingthat in grave with this It is said that Chandler himself charming entertainment which is really about old age, New South Wales Society of Labor Lawyers. didn't really cases the occupying power is not obliged to allow How- understand the plot of the The Big Sleep and friendship and the human need for self fulfrlment. And it's I am writing to you in my capacity as President of the it. the book is all the better for The ever, in 1967, Israel gave detainees the right to meet with it. books I read this time all nice for me to end this column by reviewing a real novel with Australian Society of Labor Lawyers to see what useful suffer badly lawyers. from these defects. Nonetheless they make a deiective subplot. contacts, ifany, can be established between us. good reading and are On the matter of identity cards everyone in Israel, Jew, excellent examples ofthe genre. We are a fledgling organization having been established V.I. Warshawski (she Arab or any other must carry an identity card which has to doesn't like to be called Vîctoria) is Killing Orders, by Sara Paretsky, Penguin, f,2.95 at a national level in 1978 although the Society was founded a Chicago be produced on demand and for which failure to produce detective created by Sara Paretsky and a star of Bitter Medicine, by Sara Paretsky, Penguin, f2.99 in Victoria in 1974. There are Societies in each State and can a number result in penaltiçs. of booke. She is a feminist lawyer who became Over the Edge, by Jonathan Kellerman, Futura, f,8.50 Territory and, amongst other things, we hold a conference Article 78 of the 4th Geneva Convention disillusioned with herjob as public defender and opened a Missing Persons, by David Cook, Arena, f,2.9g each year. allows adminis- detective agency. She trative detention at the discretion ofthe occupying power doesn't exactly have a sidekick but a The conference in 1989 is to be held in Sydney on 11, 12 best friend, who may make a judgment on a particular security risk and surrogate mother who is a docto¡ and Black Mask is Beth Prince. She welcomes suggestions for and 13 August which is the weekend preceding the 26th and refugee from 'is consequently entitled to restrict their freedom the Nazis. I like the descriptions of the self suitable books to review. Australian Legal Convention, also to be held in Sydney. ofaction.' Regulation 112 of the Defence Emergency Regulations sufficient lives of these two independent women. Apart from making formal contact, our Society was of 1945 which force Warshawski eschews serious relationships with men but interested to know whether or not any members of your are still in and which were upheld by Jordan when it controlled the area, permit takes lovers when she feels the urge and sees them go Society would be coming toAustralia for the Legal Conven- deportations for cheerfully - even accepting the villainous role ofone in the tion or indeed at any other time. security reasons. Appeals to the High Court ofJustice are murder plot. She always tells you what she is wearing, and Yours fraternally, allowed. offers tips like'clean hair is the key to an alert mind'. Her In other words Israel, which has legal standards compa- politics are clear: 'Most of the guests had taken their seats. John Howie rable with any country in the West, is very careful to stay The bulk were men. I noted automatically that Rawlings The Australian Society of Labor LawSrers. within aceepted international law. was the only black present. We children of the sixties do affrrmative action head counts without thinking.' V.I. Lionel Bloch carries a gun and is not afraid to frght her way out ofsticky situations, so the books have a lot ofblood and guts. LLll,l A DIFFERENT VIEW OF THE Kílling Ord.ers takes on the Catholic Church, a formi- =_lil dable force in Chicago. Alesbian stockbroker friend of Vic's WEST BAI\K is murdered whilst uncovering dirty financial dealings by RD ER an Opus Dei type secret organisation. A lot of other chican- =OÂ WARSHÁWSII STORY Dear Str ery is revealed plus a Nicaraguan connection.And the Mafra too. I refer to the article by Cathryn Davies and Fiona McKay in Bítter Med.íeíne is about the infrnite capacity for cor- theAutumn 1988 edition entitled.Pølestúne Under Oceu- ruption of the medical profession when profrts are threat- pøtion: The Uprísíng. There are many misconceptions of ened. This is an instructive theme for these times, but the international and local law contained in the article but I plot is complicated by anti abortion fanatics, youth gangs, should like to concentrate on one or two basic principles. and too much coincidence. Eventually the whole jigsaw Israel regards its presence in the territories not as a puzzle falls into place when the characters meet over some right, but as a duty under international law, and under the drinks, some paté, charcuterie and fruit. 4th Geneva Convention, which sets down firm rules for the tl, Oaer the Ed.ge by Jonathan Kellerman also has a l, llarshawski, protection ofpeople under an occupying power. There is a medical theme. The hero, Alex Delaware, is a child psy- thicago's classy, cool misunderstanding ofArticle 64 of the Geneva Convention. and decidedly female chologist, as is the author. When one of his ex patients is It is a wide-ranging article designed to include matters priyale detoctille charged with a grisly series of gay murders, he is hired by other than security concerns. For instance it states that the the fämily to advise on a plea of diminished capacity. occupying power has a right to ensure its own security and NaturallyAlex becomes convinced that his patient is inno- has an obligation to maintain orderly government in the cent and so he investigates. He has a sort ofsidekick/friend, territory. This rescinds no rule of international law but sometimes an adversary, who is a gay policeman and an supplements Article 43 of the Hagu.e Regulations which interesting character. By coincidence ofcourse he happens t speak of the duty of the occupier to regulate social and

22 23 not¡ceboard Haldane Society of Socialist Lawyers

HALDAI\E SOCIETY and CRITICAL LEGAL PROGRESSM PERSPECTIVES:- COIYFERENCE TVOMENAND THE LAW Il\W AI.ID CRITICAL PRACTICE: Conference organised by the Haldane Women's HISTORYAND FUTI.JRE Subcommittee and the Society of Black Lawyers. POSSIBILITIES For women working in the law and affected by The Haldane Society was founded in 1930. It is an organisation which the law. provides a forum for the discussion and analysis of law and the legal z?-a4SEPTEMBER 1989 Women only. system from a socialist perspective. It is independent of any political Univeroity of Kent, Canterbury party. Its membership consists of individuals who are lawyers, law 1989 SEPTEMBER teachers or students and legal workers and it also has trade union and For offers to contribute and for further details contact: London School of Economics, labour movement affiliates. Beverley Lang, 1 Dr Johnson's Buildings, Temple, Houghton Street, London WC2 The Subcommittees Society carry London EC4 of the Haldane out the Society's most For further details contact: important work. They provide an oportunity for members to develop Alison Lee, areas of special interest and to work on specific projects within those areas. All the PROPOSED VISIT TO THE USSR Tooks Court, Cursitor Street, London EC4 Subcommittees are eager to attract new members so if you are interested in taking a more active part in the work of the Society tel. 01 405 8828 After the success of last November's visit, it is proposed please contact the Convenor and slhe will let you know the dates and to send a further delegation of up to 25 Haldane mem- venues of the meetings. bers to Moscow and one other city (perhaps Kalinin) in LEGAL ADVICE FOR LESBIANS the second or third week ofJanuary 1990. AI{D GAYS The all-in cost for the week will be about f350 if we stay in hotels ofthe Soviet trade unions, which are 8.IL[Y 1989 SI.]BCOMMITTEES situated in the outskirts of Moscow; or about f450 if we London School of Economics, travel with Intourist, who have hotels in central Moscow. Anita Leaker, Dwek Houghton Street, London \YC2 CRIME Wyman and We will enjoy a full programme arranged by theAsso- Walters, 32 Leighton Road, ciation of Soviet Lawyers as well as some tourist and A day conference organised by the Society's London NV/5 2QE cultural activities. Lesbian and Gay Sub-Group. Workshops will To reeerye place, preference, a and to express your include: Immigration, Crime/Policing, AIDS, Colin Wells, please EMPLOYMENT contact Employment, Housing, 1 Dr Johnson's Buildings, rferulam Custody of Children, Bill Bowring, 4 Buildings, Gray's Inn, London Local Authority Care, Fosterin(/Adoption, Temple, London EC4 WC1R 5LW. Phone work 405-6114;home 674-8674. Human Rights, International Law and Lesbians and Gays working in the Law. The emphasis will GAYAÌ{D LESBIAN David Gere, 2 Plowden Buildings, IIIANCHESTER BRANCH be on the practical law as it stands. RIGHTS Temple, London EC4 Entrance fee: The MANCHESTER BRANCH of the Haldane Society f 10 waged, f2 low waged,/unwaged. meets on 2nd Wednesday of every month at 6.30pm in Edmund Jankowski, 25 Keppel Access details on request. HOUSING the Manchester Tbwn Hall, Albert Square, Manchester. Road, London E6 2BD For further information please Contact the convenor for further details: write to the Haldane Lesbian and Gay Sub-Group, Alieon Cantor, 97 Claude Road, Chorltonville, INTERNATIONAL Bill Bowring, 4 Verulam Buildings, Street, London Manchester M21 2DE clo86 Wellington \[C2 7BN. Gray's Inn, London WC1R 5LW Tel: (061) 881 4017 (evenings). For creche places or signers write by 10 June. LEGAL SERVICES Kate Markus, 96 Chichele Road, London NW2 LANCASHIRE COMMUNITY LAW CENTRE Andrew Buchan, 1 Dr Johnson's a dynamic MENTAL HEALTH need and committed Buildings, Temple, London EC4 SOLICITOR RA,CE AI\D to be announced. with litigation experience in one or more of the following: - housing, enplo¡rment, welfare, child care, domestic violence, consumer, IMMIGRATION to run the Blackpool ofïìce of this independent minded Law Centre. Must be hard-working, resilient, committed to helping the poo4 and RECRUITMENT Beverley Lang, 1 Dr Johnson's Buildings, Temple, willing to put up with the most unexpected opposition! London EC4 pa fL2,432 IryOMEN Alison Lee, clo 14 Tboks Court, Cursitor Phone or write for details: Street, London EC4 Barrie Parker, 30 StAlbans Road, Blackpool FY1 4EQ tel: (0253) -36257 Designed and typeset by: Petra Pryke (01) 2431464 EQUAL OPPORTUNITIES Minorities welcome! - Philip Armstrong (0865) 250922 Printed at: Aldgate Press, 84b Whitechapel High Street, London E1

24 MEMBERSHIP APPLICATION FORM Conplete this form (Block capitals please) and retu¡n it to: Tony Metzer c/o 1 Dr. Johnson's Buildings, Temple, London EC4 N

Telephone

Work o;l¿lrosc Special

STANDING ORDERS MANDATE Please cancel all previous standing orders to the Haldane Society of Soeialist Lawyers

Please transfer my account N At

to the credit of the HALDANE SOCIETY OF SOCIALIST LAWYERS account No. 29214008 National Girobank, Bootle, Merseyside G1R 0AA (sorting code72 00 05) the sum off,8 I f70 I gl2 I f20 I 930 (please delete as appropriate) now and thereafter on the same date every year until cancelled by me in writing. (To bg completed Membership Secretary Pleasê quote our

Name (in capitals) Address Postcode

Date-

The annual subscription rates are: Law studentsþupils/articled clerks:..... 38.00 Retired or unwaged members ...... f,8.00 Greater London workers or residents.. f20.00 Non-Greater London workers or residents c12.00 National Affrliates f,30.00 Local Affiliates f,10.00

Haldane Society of Socialist Lawyers