Legal experts, rights groups slam UK home secretary’s call to criminalize carrying Palestinian flag

People walk down Regent Street with a large Palestinian flag as they take part in a 'March For Palestine', part of a pro-Palestinian national demonstration, in London, on October 14, 2023. (AFP)
Short Url
Updated 21 October 2023
Follow

Legal experts, rights groups slam UK home secretary’s call to criminalize carrying Palestinian flag

LONDON: Carrying the Palestinian flag is a symbol of solidarity with the Palestinian people’s legitimate struggle for basic human rights and their right to live in the recognized state of Palestine and should not be considered a criminal offense, a leading British discrimination lawyer has said.

“By waving the Palestinian flag, all you are doing is ultimately highlighting your sympathies, secondly your concerns and thoughts, and thirdly your support for the Palestinians and the people that are suffering,” which does not constitute an offense, Yasin Patel told Arab News.

His comments came in response to UK Home Secretary Suella Braverman’s letter to senior police chiefs earlier this week saying that waving a Palestinian flag or singing a chant advocating freedom for the occupied territory may be a criminal offense.

“It is not just explicit pro-Hamas symbols and chants that are cause for concern. I would encourage police to consider whether chants such as ‘From the river to the sea, Palestine will be free’ should be understood as an expression of a violent desire to see Israel erased from the world, and whether its use in certain contexts may amount to a racially aggravated section 5 public order offense,” she said in the letter released on Tuesday.

Her words, which follow relentless strikes by Israel on the Gaza Strip over the past eight days in response to a surprise attack by the Hamas group, deeply impact the right to freedom of expression, which “are fundamental rights that we have and the reason why we have those is (to) allow you those rights so that you can have democracy,” Patel said.

A PDF Embed Here

He said if people wanted to express their freedom of expression using the flag during marches that support the Palestinian cause they were entitled to do so, as this is a basic fundamental right according to UK law and enshrined within the European Charter.

“In terms of a public order (offense), one has to incite something, break the law or do something that’s unlawful in order to upset someone,” he said. “What’s been alleged here is that by waving the flag, you would upset Israeli citizens or those with sympathies for Israel and/or alternatively supporting Hamas.

“Hamas is a proscribed terrorist organization, but the Palestinian flag is not Hamas and Hamas is not the Palestinian flag,” he added.

Patel continued: “Braverman wants headlines, and no doubt she’s putting her two pennies’ worth in terms of trying to make sure that she’s lining herself up for the next PM role, but, ultimately, in terms of the law, it’s very simple; just because you wave a Palestinian flag that’s not a terrorist act, that’s not unlawful, that’s not illegal.

“If she does feel that’s the case, she can happily arrest those people who are carrying Palestinian flags, and I have no doubt, not only myself but thousands of other lawyers, would happily represent the people who (would stand) before the courts questioning what offense they’ve committed.




Home Secretary Suella Braverman (2-L) with Prime Minister Rishi Sunak as he hosts a policing roundtable at 10 Downing Street in London on October 12, 2023. (Pool via REUTERS)

“We had the Israeli flag upon Downing Street a couple of days ago. No one’s saying they can’t do that (but) I’m a bit surprised that the government only shows support to one side but not all the innocent babies, children, citizens who are dying and about to die in the hands of the Israeli military now.”

Beleigh Jbara, a former human rights lawyer, called Braverman’s two-page letter a “disgrace,” and said that it would be difficult for British society to agree to, while questioning whether it was “acceptable or not acceptable by law and regulations and police powers.”

Jbara said that if the British government and parliament were saying Hamas was a terrorist group, then this was about what the UK has to do to prevent its society from supporting such a group.

“We’re talking about protecting the UK society from such events coming from outside and getting into our society, like what happened throughout Al-Qaeda and Daesh,” where young generations had gone to the Middle East to fight, he said.

UK-based Friends of Al-Aqsa, an NGO concerned with defending the human rights of Palestinians, condemned Braverman’s suggestion that flying Palestinian flags or chanting “Free Palestine” would be a criminal act and said her “veiled threat and denial of political expression is unacceptable.”

Its chair, Ismail Patel, said: “It is draconian for the British government to deny our right to express the plight of the Palestinians. Legitimate political expression should not be a privilege, nor the reserve of those allied with the government; it is a fundamental right for all citizens in a democratic society.”

 

 

He added: “I was at the forefront of organizing and demonstrating against the British government’s war against Afghanistan and Iraq (and) we were never obstructed from voicing our opinions like this. So why is this government giving cover to Israeli policies by denying British citizens their right to political expression?

“The right to champion the plight of the occupied, discriminated-against and marginalized is integral to democracy,” and the UK government’s “steps will prevent British citizens from helping to end human rights violations, which will disenfranchise people from political activism,” he said.

FOA was one of six groups to organize a rally on Saturday, along with the Palestine Solidarity Campaign, where tens of thousands of pro-Palestinian protesters took to the streets of London in defiance of Braverman’s letter.

Ben Jamal, the director of PSC, said that the letter was “deeply concerning” and “threatens civil liberties and normalizes the dehumanization of Palestinians that is widespread in current political discourse.”




A protester holding a Palestinian flag climbs the Eros statue at Piccadilly Circus during a 'March For Palestine', part of a pro-Palestinian national demonstration, in London on October 14, 2023. (AFP)

He added that police officers enacting Braverman’s orders would be denying “the right of Palestinians to fly the flag of their country; a flag which is the symbol both of their nationhood and struggle for liberation from Israel’s apartheid system of oppression.”

Jamal said that the Palestinian flag “is a precious national symbol that represents its people’s aspirations for freedom and self-determination, to live in peace and equality.”

Meanwhile, Rajab Shamalakh, former president of the Palestinian Community in the UK, said Braverman’s statement “was clearly siding with Israel despite the fact of her knowing that the Israeli army has inflicted lots of misery on the Palestinian people by attacking civilians, bombing homes without any warning, and they’ve killed over 600 Palestinian children” so far.

 

 

“When someone protests, by default, they’re going to have to carry the flag of (those) whom they are sympathetic with because the picture that we are seeing is a major catastrophe, so of course we have to carry the Palestinian flag to show those people who are under siege, being bombed, being killed, and they feel they need some kind of support,” he said.

Shamalakh, who is originally from Gaza, added that the Palestinian flag has been recognized by the UN and “there are more countries who recognize Palestine with its flag than those who recognize Israel.”

 

Shamalakh, who has lost at least 13 family members — 12 from one household — since the war began, said Braverman “cannot deprive people of practicing democracy in a manner that is allowed and there is no law that has been physically passed to prevent people or to make it illegal, adding that there have been many similar demonstrations in the past “so why is it different this time?“


Russian tycoon Deripaska calls latest US sanctions ‘balderdash’

Updated 3 sec ago
Follow

Russian tycoon Deripaska calls latest US sanctions ‘balderdash’

“I strongly believe that we need to do everything we can to establish peace, not serve the interests of warmongers,” Deripaska said
Since Russia’s invasion of Ukraine, Deripaska has been sanctioned by Britain for his alleged ties to Putin

FRANKFURT: Russian tycoon Oleg Deripaska dismissed the latest US sanctions on a series of companies that the US Treasury said were connected to a scheme to evade sanctions and unlock frozen shares as nonsense.
“This balderdash isn’t worth the time,” Deripaska said by message via a spokesperson in response a Reuters request for comment about the latest US sanctions.
“While the horrific war in Europe claims hundreds of thousands of lives every year, politicians continue to engage in their dirty games. I strongly believe that we need to do everything we can to establish peace, not serve the interests of warmongers,” he said.
The US Treasury on Tuesday announced it had sanctioned a web of Russian companies it said were being used to disguise ownership of a $1.6 billion industrial stake controlled by Deripaska.
Austria’s Raiffeisen Bank International was planning to buy the stake and dropped the transaction following mounting US pressure to abort the bid.
In its sanctions announcement, the US Treasury alleged it was an “attempted sanctions evasion scheme” to unfreeze a stake using “an opaque and complex supposed divestment.”
Since Russia’s invasion of Ukraine, Deripaska has been sanctioned by Britain for his alleged ties to Putin. He has mounted a legal challenge against the sanctions which he says are based on false information and ride roughshod over the basic principles of law and justice.
Deripaska, who made his fortune by buying up stakes in aluminum factories has also been subjected to sanctions by the United States, which in 2018 took measures against him and other influential Russians.
Those sanctions were “groundless, ridiculous and absurd,” Deripaska has previously said.

Outrage grows in India after Israel kills Indian army veteran

Updated 32 sec ago
Follow

Outrage grows in India after Israel kills Indian army veteran

  • Col. Waibhav Anil Kale was working for the UN Department of Safety and Security
  • More than 190 UN staff killed since the beginning of Israel’s onslaught on Gaza

NEW DELHI: The killing of an Indian army veteran serving as a UN staffer in Gaza has stirred outrage in India and prompted calls for the government to hold Israel accountable.

Col. Waibhav Anil Kale was on duty with the UN Department of Safety and Security when his UN-marked vehicle was targeted in southern Gaza on Monday.

A former peacekeeper, he was hit on the way to the European Hospital in Rafah by what the UN said it had no doubt was Israeli tank fire.

The Indian Ministry of External Affairs issued a statement on Wednesday in response, saying it was “deeply saddened by the death” and that it was “in touch with relevant authorities” regarding an investigation into the incident.

The statement did not contain condemnation, unlike in July 2022, when two Indian peacekeepers were killed in an attack on a UN Organization Stabilization Mission base in the Democratic Republic of the Congo.

At that time, India’s foreign minister said the perpetrators “must be held accountable and brought to justice” and convened a special meeting of the UN Security Council to discuss the attack.

Talmiz Ahmad, former Indian ambassador to Saudi Arabia, told Arab News on Thursday that the government’s response was “grossly inadequate” given it was a “calculated killing” of an Indian army officer and UN staffer.

“The Indian government can hold Israel accountable. India is a sponsor of a resolution related to the protection of the UN personnel,” he said.

“This particular killing of a UN officer is a targeted killing because it was very obvious to Israelis that this was a UN vehicle, and it was on an official UN mission. A tank deliberately targeted this vehicle.”

New Delhi has always been sensitive to assaults on UN personnel given that it is one of the largest contributors of the organization’s peacekeepers.

The reaction to Kale’s killing was insufficient, according to Kavita Krishnan, a women’s rights activist.

“If a person is a UN employee, he is entitled to protection,” she said.

“The Indian government should specifically hold Israel accountable for this killing. They cannot treat it just as a casualty of war or collateral damage.”

Israel’s deadly siege and bombardment of Gaza has since October killed over 35,000 people, wounded 70,000, and left most of the enclave’s population starving and with no access to medical, food and water supplies.

The UN estimates that more than 190 of its staff members have also been killed in the ongoing onslaught. Kale was the first international UN employee to be killed.

“It’s condemnable that India does not name the fact of assassination. It’s not death. He did not die of illness. He was killed by Israel,” said Apoorvanand Jha, a public intellectual and professor at the University of Delhi.

“Israel kills people who are involved in the health services … kills journalists, aid workers and kills workers involved in the peacekeeping forces. So, it does it knowingly. It is not a collateral damage. Israel does it knowingly — this is what has been recorded many times. Israel needs to be held accountable for all the individual crimes of assassinations and the collective crimes, mass deaths.”

The killing of UN personnel goes against international humanitarian law.

“New Delhi should tell Tel Aviv that it should respect international law,” said Anwar Sadat, senior assistant professor at the Indian Society of International Law.

“The Indian government should issue a diplomatic demarche to the Israeli government.”

The government’s reaction was also seen as not boding well for the safety of Indian workers whom New Delhi has agreed to send to Israel.

Since the beginning of its invasion of Gaza, Israel has revoked work permits for tens of thousands of Palestinian laborers and sought to facilitate their replacement with manpower from South Asia.

In November, the Indian government signed a three-year agreement with Tel Aviv on the “temporary employment” of workers in the construction and caregiving sector.

“If this is the statement that the Indian government can bring for an official who works with the UN, imagine what if it happens with any of the workers. No one is going to speak,” said N. Sai Balaji, assistant professor at Jawaharlal Nehru University.

“This seriously compromises India’s super-power ambitions; it seriously compromises India’s own foreign policy.”


Mosque attack in Nigeria leaves 8 people dead, as police say the motive was a family dispute

Updated 9 min 38 sec ago
Follow

Mosque attack in Nigeria leaves 8 people dead, as police say the motive was a family dispute

  • Four children were among the injured worshippers
  • The incident caused panic in Kano, northern Nigeria’s largest state, where periodic religion-related unrest has occurred over the years

ABUJA: At least eight worshippers were killed and 16 others injured early Wednesday morning after a man attacked a mosque with a locally made explosive in northern Nigeria’s Kano state, resulting in a fire outbreak, the police said.
The suspect, a 38-year-old local resident, confessed that he attacked the mosque in Kano’s remote Gadan village “purely in hostility following (a) prolonged family disagreement,” police spokesman Abdullahi Haruna said in a statement on Wednesday.
Eight of those injured died later in a hospital, Haruna later told local Channels Television on Thursday. Four children were among the injured worshippers, although it was not clear if any of the children died.
The incident caused panic in Kano, northern Nigeria’s largest state, where periodic religion-related unrest has occurred over the years, sometimes resulting in violence.
The suspect invaded the mosque with “a locally prepared bomb and exploded it,” local police chief Umar Sanda told reporters. “It has nothing to do with terrorism.”
Footage broadcast by the local TVC station showed charred walls and burned furniture in the mosque, the main place of worship for Gadan village in Muslim-dominated Kano state.
Local media also reported the worshippers were locked inside the mosque, making it difficult for them to escape.
“Some children ran for their lives with fire all over them. We had to put water to quench it,” Hussaini Adamu, a resident, told TVC.
The police cordoned off the scene while the injured were rushed to a hospital in the state capital.
“The disagreement (was) over sharing of inheritance of which those that (the attacker) alleged to have cheated on him were in the mosque at that moment and he did that for his voice to be heard,” the police statement said.


What to expect as new, guitar-playing PM takes helm in Singapore

Updated 14 min 10 sec ago
Follow

What to expect as new, guitar-playing PM takes helm in Singapore

  • Lawrence Wong went viral for his guitar cover of Taylor Swift’s ‘Love Story’ in March
  • Best chapters of our Singapore story lie ahead, new PM said in inaugural speech

SINGAPORE: As Singapore gets a new prime minister for the first time in 20 years, experts have told Arab News what to expect from the city-state’s fourth leader, Lawrence Wong, who came to the fore with his handling of the successful COVID-19 response.

Wong was inaugurated on Wednesday evening, taking over the reins from Lee Hsien Loong, son of the founding father of modern Singapore Lee Kuan Yew.

The 51-year-old began his career as an economist at the trade ministry with a US educational background, before moving up to occupy some of the biggest jobs in Singapore’s bureaucracy, including the Energy Market Authority and Lee’s principal private secretary.

The civil servant-turned-politician was catapulted into the spotlight in 2020, when he coordinated Singapore’s successful fight against COVID-19. He has also garnered public support by showcasing his guitar skills online, including a cover of Taylor Swift’s “Love Story” that went viral in March.

“Lawrence Wong has been in charge with the COVID-19 pandemic, and he did very well. Singapore did very well by and large; that was something that the international community noticed,” said James M. Dorsey, a senior fellow at the Nanyang Technological University.

Compared with Lee, Wong will still have to work on his global exposure, but should be able to capitalize on the enduring image of Singapore’s “serious stability,” Dorsey added.

“As we watch the process of build-up toward the transition, we will have greater confidence in Lawrence Wong. And simply the confidence in the way Singapore does things, working in Wong’s favor.”

Southeast Asia analyst Adib Zalkapli is expecting Wong to continue the policies of his predecessor, who oversaw the country’s economic growth into an international financial hub and top tourist destination, more than doubling the island’s gross domestic product per capita.

“It’s a well-planned change of leadership that will ensure continuity. We are unlikely to see major policy changes in the short to medium term,” he told Arab News, adding that the same approach will likely apply on matters related to foreign policy.

Bridget Welsh, an honorary research associate at the Asia Research Institute in the University of Nottingham Malaysia, is also expecting continuity.

“Essentially status quo. Arguably, there will be more engagement, as issues remain complex in the region, and the new leadership will want to establish or deepen his own personal ties in the region,” Welsh said.

But so far, little is known about the policies Wong is likely to adopt, said Ian Chong, an associate professor of political science at the National University of Singapore.

“Lawrence Wong has said that he will bring continuity, make tough decisions, and is pro-Singapore. What these mean in practice is not yet known. Wong has not so far stated what his policy direction and vision is, why it is important, and why Singaporeans need to support it,” he said.

The new prime minister arrives at a particularly challenging time in geopolitics, a departure from a period of “stable external environment” that worked in Singapore’s favor.

“Intensifying US-PRC (People’s Republic of China) competition, internal circulation, on-shoring, friend-shoring, trade barriers, as well as data and technology in all the developed economies challenge Singapore’s business model,” Chong said.

“Wong has yet to articulate a plan on how he intends to deal with these challenges, even though he concedes their seriousness.”

In his first speech as prime minister, Wong paid tribute to his predecessors, but said that the country’s new leadership would adopt a style that “differs” from that of previous generations.

“We will lead in our own way. We will continue to think boldly and to think far. We know that there is still much more to do,” he said. “The best chapters of our Singapore story lie ahead.”


Outrage grows in India over UN staffer killed by Israeli forces in Gaza

Updated 15 min 49 sec ago
Follow

Outrage grows in India over UN staffer killed by Israeli forces in Gaza

  • Army veteran Waibhav Anil Kale was working for UN Department of Safety and Security
  • More than 190 UN staff killed since beginning of Israel’s onslaught on Gaza last year

NEW DELHI: The killing of an Indian army veteran serving as a UN staffer in Gaza has stirred outrage in India and calls for the government to hold Israel accountable, with activists calling New Delhi’s reaction ‘inadequate.’

Col. Waibhav Anil Kale, a former peacekeeper, was on duty with the UN Department of Safety and Security when his UN-marked vehicle was hit on Monday en route to the European Hospital in Rafah by what the international organization said was Israeli tank fire.

The Indian government’s response was a condolence statement issued on Wednesday by the Ministry of External Affairs, saying it was “deeply saddened by the death” and “in touch with relevant authorities” regarding an investigation.

The statement did not issue a condemnation, unlike in July 2022, when two Indian peacekeepers were killed in an attack on a UN Organization Stabilization Mission base in the Democratic Republic of the Congo. At that time, India’s foreign minister said the perpetrators “must be held accountable and brought to justice” and convened a special meeting of the UN Security Council to discuss the attack.

Talmiz Ahmad, former Indian ambassador to Saudi Arabia, said the government’s response was “grossly inadequate” given what he called the “calculated killing” of an Indian army officer and UN staffer.

“The Indian government can hold Israel accountable. India is a sponsor of a resolution related to the protection of the UN personnel,” he told Arab News. 

“This particular killing of a UN officer is a targeted killing because it was very obvious to Israelis that this was a UN vehicle, and it was on an official UN mission. A tank deliberately targeted this vehicle.”

New Delhi had always been sensitive to assaults on UN personnel given that it is one of the largest contributors to the organization’s peacekeepers.

The reaction to Kale’s killing was insufficient, according to Kavita Krishnan, a women’s rights activist. 

“If a person is a UN employee, he is entitled to protection,” she said. “The Indian government should specifically hold Israel accountable for this killing. They cannot treat it just as a casualty of war or a collateral damage.”

“IT’S NOT A DEATH

Since October last year, Israel’s deadly siege and bombardment of Gaza has killed more than 35,000 people, wounded 70,000, and left most of the enclave’s population starving and with no access to medical, food and water supplies.

The UN estimates that more than 190 of its staff members have also been killed in the ongoing onslaught. Kale was the first international UN employee to be killed. 

“It’s condemnable that India does not name the fact of assassination. It’s not death. He did not die of illness. He was killed by Israel,” said Apoorvanand Jha, a public intellectual and professor at the University of Delhi.

“Israel kills people who are involved in the health services ... kills journalists, aid workers and kills workers involved in the peacekeeping forces. So, it does it knowingly. It is not a collateral damage. Israel does it knowingly — this is what has been recorded many times. Israel needs to be held accountable for all the individual crimes of assassinations and the collective crimes, mass deaths.”

From a legal point of view, the killing of UN personnel is against norms and customs of international law and international humanitarian law.

“New Delhi should tell Tel Aviv that it should respect international law,” said Anwar Sadat, a senior assistant professor at the Indian Society of International Law.

“The Indian government should issue a diplomatic demarche to the Israeli government.”

Since the beginning of its invasion of Gaza, Israel has revoked work permits for tens of thousands of Palestinian laborers and sought to facilitate their replacement with manpower from South Asia.

In November, the Indian government signed a three-year agreement with Tel Aviv on the “temporary employment” of workers in the construction and caregiving sector.

“If this is the statement that the Indian government can bring for an official who works with the UN, imagine what if it happens with any of the workers. No one is going to speak,” said N. Sai Balaji, assistant professor at Jawaharlal Nehru University.

“This seriously compromises India’s super-power ambitions, it seriously compromises India’s own foreign policy.”