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Southampton Group AMNESTY NEWS www.amnesty-volunteer.org/uk/southampton-city If you would like more information about the Group or would like to take part in any activities please get in touch by e-mailing: AmnestySouthampton@yahoo.co.uk

January 2020

AI’s VISION is of a world in which every

person enjoys all of the human rights enshrined in the

Universal Declaration of Human Rights and other international standards

AI’s MISSION is to undertake research and action

focused on preventing and ending grave abuses of the rights to physical and

mental integrity, freedom and conscience and expression and freedom from

discrimination, within the context of its work to promote all human rights

AI’s CORE VALUES remain those of international

solidarity, effective action for the individual victim, global coverage, the universality and indivisibility of

human rights, impartiality and independence, and democracy

and mutual respect

ANNUAL HUMAN RIGHTS LECTURE Britain & Human Rights: We Talk the Talk but do we Walk the Walk

Martyn Day This years annual human rights lecture was given by Martyn Day of Leigh Day International. Below is a summary of the key points from the lecture. Leigh Day’s International team has helped tens of thousands of people access justice for harm committed in over 18 countries, see map page 3. Martyn described how claims are brought, there are three stages:

1. Standard damages claims. 2. Jurisdiction established over foreign subsidiary-necessary or proper party. 3. Parent Company Liability.

He then went on to describe a number of examples: Shell Oil Spillage in Nigeria: the case was brought based on Shell’s “Corporate Social Responsibility” statement ie:

• Our safety goal at Shell is to achieve no harm and no leaks across all of our operations…We apply consistent standards around the world to which everyone must comply…whether they work in a refinery, on a drilling rig or in an office..

• We expect every Shell company to follow our environmental and social standards and practices when operating. We define who is responsible for applying these standards and we monitor performance…

• We also have a set of more detailed mandatory standards and manuals covering social and environmental topics, with requirements that apply to all Shell companies.

• We apply stringent standards across all our projects, particularly when we operate in critical habitats that are rich in biodiversity and in areas of cultural significance or close to local communities, including indigenous people.

The Vedanta Case-Parent Company Liability in Zambia: in this case they used the Group Policies, which gave rise to a duty in three ways ie defective/inadequate guidance, active training, supervision and enforcement, Cont on page 2

Cont from page 1 And parent company holds itself out as exercising supervision and control but fails to do so. In this case the Supreme Court ruled that the parent company was responsible. The implications include that there is no need for actual knowledge, simply that it is in the policies. Also important that a number of the parent companies are based in countries covered by English Common Law. Cases involving the British army have included Mau Mau; Baha Mousa, Iraqi Civilian Claims and Afghanistan. “Mau Mau Claims: This lead to the first ever successful compensation claim for victims of colonial torture. The case was brought on behalf of 5,228 Mau Mau veterans resulting in £20 m compensation. The British Government offered a statement of regret & funds a memorial in Nairobi. Baha Mousa: He was a 26 yr old father of two, detained by British forces (1QLR) in Basra in 2003. After 36 hrs in custody he was dead. The initial cause of death was given as “cardiorespiratory arrest”. The post mortem subsequently recorded 93 injuries and asphyxiation. Following legal proceedings, one soldier pleaded guilty to inhuman treatment; the MOD admitted breaches of Art2 of HRA. Eventually in July 2008 apologies were given and settled for £2.83 m compensation. In the enquiry, which followed, there was evidence of the use of 5 techniques of torture: hooding, stressing, sleep deprivation, food and water deprivation and noise. The Chair made 73 recommendations on doctrine and detention, all but one of which were accepted by the MoD. Iraqi Civilian Litigation: As a result a number of reports and judgements changed legal and political landscape between 2011 and 2018. However, these judgements and changes were not welcomed on all sides, Penny Mordaunt MP in the House of Commons on 27th January 2016 made the following statement: “The steady creep of extending the reach of European Human Rights Legislation, which was not written for conflict situations, is eroding international humanitarian law. The behaviour of parasitic law firms churning out spurious claims against our armed forces on an industrial scale is the enemy of justice and humanity, not our armed forces”. Afghanistan: He outlined the Belhaj and Mrs Boudchar cases which eventually lead to an apology by the Prime Minister Tony Blair. In summary the apology said that the Attorney General and senior UK Government officials have heard about your (Belhaj and Mrs Boudchar) detention, rendition and harrowing experiences you suffered. The apology accepts they were both subjected to appalling treatment, and that they suffered greatly. Adding not least an affront to the dignity of Mrs Boudchar who was pregnant at the time. Their version of their abuse was accepted by the Government, and it was also recognised that the UK Government’s actions contributed to the detention, rendition and suffering. It concludes by saying that the government should have understood much sooner the unacceptable practices of some of our international partners. Conclusion: Martyn Day concluded with these three points:

• Words are cheap • Companies fundamentally pursue profits-human rights get in the way • The military fight wars-human rights again get in the way.

Leigh Day International Operations throughout the World

Business Meeting

Actions: Pakistan: 55 yr old former AI consultant, HR defender. China: Uyghur academic who faces execution in China: Tashpolat Tiyip Monthly mailing an on line action for Yemen. Treasurers Report: Increase in room rental from January; £28 to £30, agreed we should continue with our booking. Reports on Past Events: Write for Rights at Quakers, went well, as did Write for Rights event at October Books. Future Events: Write for Rights at Phoenix Annual Human Rights Lecture on 12th December Refugee Week: Ideas please, including possible joint event with University Group. Activity: Write for Rights.

NEXT GROUP MEETING

Monday 13th January

Planning Meeting

Avenue St Andrews United

Reformed Church

The Avenue Southampton

All Welcome ALL WELCOME

DIARY

January: Monday 13th: Group Meeting topic to be confirmed. February: Monday 10th: Group Meeting topic tbc March: Sunday 8th: International Women’s Day Monday 9th: Group Meeting action for Women

SOUTHAMPTON GROUP WHO’S WHO

Group Officers: Chair: Giampaolo D’Alessandro Secretary: Valerie Oswald Treasurer: Gareth Davies Outreach and Parliamentary Officer: Veronica Tippetts Newsletter: John Williams Campaigning Activity: People on the move Protecting the space for human rights defenders Death Penalty HR Act Snoopers Charter South Asia China Individual at Risk: Aster Fissehatsion and Dawit Isaak, Eritea

Issues on the Web amnesty.org.uk

Includes:

Climate Crisis: Humanity is under threat from climate change. Nazanin Zaghari-Radcliffe: a British mum who has been unfairly jailed for more than 1000 days. Women’s Human Rights: See details on web site of key issues Turkey: Lift the ban on peaceful “Saturday Mothers” protest. Free Speech: Free activists jailed for calling out sexual harassment.

NB the views expressed in this News Letter may not necessarily be those of Amnesty International. John Williams editor