Lawyer Socialist £3 Magazine of the Haldane Society of Socialist Lawyers n Number 59 l October 2011 Inside: LOOK IN INTERVIEWS: AL-SKEINI & KADER ASMAL THE MIRROR: LEN McCLUSKEY AL-JEDDA: LAW CLINICS ENGLAND & GEOFFREY ‘HUMAN RIGHTS ZAMBRANO RIOTS 2011 BINDMAN IMPERIALISM’ and more... Haldane Society PO Box 64195, London WC1A 9FD Website: www.haldane.org The Haldane Society was founded in 1930. Contents It provides a forum for the discussion and analysis of law and the legal system, both nationally and internationally, from a socialist perspective. It holds frequent public meetings and conducts News & comment ................................................................................ 4 educational programmes. New network, Tower Hamlets defeat for EDL, Dale Farm and more The Haldane Society is independent of any political party. Membership comprises lawyers, Obituary: Kader Asmal ...................................................... 12 academics, students and legal workers as well as Richard Harvey and Michael Seifert pay tribute trade union and labour movement affiliates. President: Michael Mansfield QC Law clinics ........................................................................................................ 14 Vice Presidents: Donald Nicolson asks if they help to create progressive lawyers for the future? Kader Asmal, Louise Christian, Tony Gifford QC, Tess Gill, John Hendy QC, Helena Kennedy QC, England riots 2011 ........................................................................ Imran Khan, Kate Markus, Gareth Peirce, Michael 16 Seifert, David Turner-Samuels, Frances Webber Camila Batmanghelidjh takes a look in the mirror and Professor Lord Wedderburn QC. Chair: Liz Davies ([email protected]) Interview: Len McCluskey ........................................ 18 Vice-Chairs: Kat Craig (katherinec@ Michael Goold meets a refreshing trade union leader christiankhan.co.uk) and Anna Morris ([email protected]) Al-Skeini and Al-Jedda ........................................................ 22 Secretary: Chris Loxton Daniel Carey and Phil Shiner on vital European Court of Human Rights judgments ([email protected]) Socialist Lawyer Editor: Tim Potter The groundbreaking Court ...................................... 26 ([email protected]) Jon Robins gives a glowing report for The Family and Drug Court Treasurer: Declan Owens ([email protected]) Same as the old boss? ...................................................... 28 Membership Secretary (job-share): Victor Figueroa looks at Colombia, one year after the election of a new president David Renton ([email protected]) with Deborah Smith ([email protected]) International Secretary: Bill Bowring ([email protected]) Executive Committee: Hannah Rought-Brooks, John Hobson, Richard Harvey, Azam Zia, Rheian Davies, Margaret Gordon, Mike Goold, Owen Greenhall, Carlos Orjuela, Ripon Ray, Kezia Tobin, Marcela Navarette, Brian Richardson, Russell Fraser, Marina Sergides, Simon Behrman, Dirghayu Patel, Sophie Khan, Majida Bashir, Yoshihiro Bartlett-Imadegawa, Joanna Gilmore, Robert Atkins, Martha Jean Baker, Angus King, Omar Khan, William Dooley, Stephen Knight, Saleh Mamon, Sarah Collins and Jacob Bindman SocialistLawyer Number 59 – October 2011 – ISSN 09 54 3635 Editor: Tim Potter Thanks to: Russell Fraser & Liz Davies Picture: Gemma Hall / www.gemmahall.co.uk Picture: Cover picture: Jess Hurd (Report Digital) Many thanks to all our other contributors, ............................ readers and members who have helped with Interview: Geoffrey Bindman 30 this issue. Owen Greenhall speaks to a pioneering knight Printed by: The Russell Press The EU after Zambrano .................................................. 34 Adrian Berry analyses recent judgement on EU rights of residence Film and book reviews.......................................................... 37 Maria’s Story, Give up Tomorrow, Ashes & Sparks, and Tactical Questioning. 2 Socialist Lawyer October 2011 from the chair Active solidarity esistance to the cuts is a multi-faceted movement. The In solidarity with our comrades defending human rights across the next big protest is the Pensions Justice Day of Action, globe, The Haldane Society is holding a conference ‘Defending on Wednesday 30th November 2011, called by the Human Rights Defenders’ on Friday 24th February 2012 in Central TUC. As I write, public sector unions are balloting their London. We will focus on supporting activists – lawyers, trade members for action and we encourage all Haldane unionists, journalists, NGO workers, and political campaigners – who members in the public sector to vote to defend their risk their lives for their commitment to social justice and human rights. pensions and public services. The Haldane Society will We have invited delegations from Colombia, Palestine, the Rbe providing practical solidarity to workers on strike in defence of Philippines, Swaziland and the Caucasus region. We hope that the public services. audience will include members of an even broader range of national Len McCluskey in this issue calls for industrial action, and protest and international campaigning organisations and solidarity on the street – the oldest form of democracy. He voices support for UK movements. More details are on the back page. Uncut and for the student protests, and opposition to the police tactics Defending Human Rights Defenders will be a fantastic of kettling and other forms of containment. We agree with McCluskey opportunity to provide practical support and solidarity to comrades that what is needed is resistance at all levels and across all groups. facing death threats for standing up for human rights. Please circulate Riots may not be a political tactic, but they certainly reflect the the event widely, and contact Haldane Vice-Chair Anna Morris at sheer desperation and alienation experienced by poor young people [email protected] if you can offer practical assistance in the in urban environments. They have seen their access to higher organisation of the event. education snatched away from them – through the increase in We are sad to report the death of Haldane Society Vice-President university fees and the abolition of the EMA – they regularly find Professor Kader Asmal in June 2011, and we are proud and themselves subject to heavy policing, they are at the sharp end of the privileged to have been associated with him. Kader Asmal was a cuts to welfare benefits and indeed legal aid, and in August 2011 it all South African lawyer, stalwart of the freedom struggle and long- just snapped. Connor Johnston, from Young Legal Aid Lawyers, gives standing Haldane member, who worked while in exile principally at a vivid account of observing the Hackney riots from his window and Trinity College, Dublin. Besides representing the ANC in Ireland, he remarks on the ‘near impossibility of escaping poverty’ for many found the time to champion human rights in Northern Ireland, chairing young people. an inquiry into the British Army and RUC’s shoot to kill policy and Meanwhile, the Tories have stepped up the attack on the Human helping to found British Irish Rights Watch. On his return to South Rights Act. The insidious propaganda against it relies on xenophobia Africa, after the fall of the apartheid-regime, he helped to write South and right-wing ‘law ‘n’ order’ type rhetoric: rights are appropriate for Africa’s Bill of Rights and proposed setting up the Truth and law-abiding British citizens but immigrants, criminals, travellers and Reconciliation Commission, as well as serving as Minister for Water others are demonised. This rhetoric deliberately misses the points that and Forestry Affairs and then as Education Minister. Richard Harvey rights are rights no matter what. The whole point of human rights is and Michael Seifert share their memories of Kader. that they should not be determined by political expediency or popular Kader told the ANC’s National Executive Committee in 1993, prejudices. when some members were anxious to excuse human rights Human rights are under attack all over the world. Colombian trade abuses committed by their own organisation: ‘Human unionist, human rights defender and academic Liliany Obando has rights are human rights, they belong to all human been detained, without charge or trial, for over three years. Whilst the beings, whoever they might be’. Wise words, which new Santos government in Colombia promised that his Government the ANC was right to accept, and which we need to would have ‘a firm and unwavering’ commitment to human rights, on repeat whenever Theresa May, The Daily Mail average one Colombian human rights defender is murdered every and David Cameron try to whip up three days. xenophobia and hatred. l Liz Davies, chair of the Haldane Society of Socialist Lawyers [email protected] Tuesday 8th November(nearest tube Haldane Annual GeneralGoodge Meeting: Street) following6.30pm Geoffrey at the Bindman’s College oflecture: Law 14 Store Street, London WC1E 7DE News&Comment Genoa conference: solidarity in action n 20th July 2001 Carlo bring together progressive lawyers Giuliani, a 20 year old in most European countries, are anti-globalist, was shot working ever more closely Odead by a police officer together. during the demonstrations against The Conference took place in the Group of Eight summit that the magnificent Palazzoi Ducale in / reportdigital.co.uk Jess Hurd Picture: was held in Genoa, Italy. Genoa. There were more than 100 Since that tragic event, attacks participants,