Monthly archives: March 2019


Chagos and the Dark Soul of the British Labour Party

Even if you think you know all about the Chagos story – an entire population forcibly removed from their island homeland at British gunpoint to make way for a US Air Force nuclear base, the people dumped destitute over a thousand miles away, their domestic animals gassed by the British army, their homes fired and demolished – then I beg you still to read this.

This analysis shows there could be no more startling illustration of the operation of the brutal and ruthless British Establishment in an undisguisedly Imperialist cause, involving actions which all reasonable people can see are simply evil. It points out that many of the key immoralities were perpetrated by Labour governments, and that the notion that either Westminster democracy or the British “justice” system provides any protection against the most ruthless authoritarianism by the British state, is utterly baseless.

Finally of course, there is the point that this is not only a historic injustice, but the injustice continues to the current day and continues to be actively promoted by the British state, to the extent that it is willing to take massive damage to its international standing and reputation in order to continue this heartless policy. This analysis is squarely based on the recent Opinion of the International Court of Justice.

Others have done an excellent job of chronicling the human stories and the heartache of the Islanders deported into penury far away across the sea. I will take that human aspect as read, although this account of one of the major forced transportations is worth reading to set the tone. The islanders were shipped out in inhuman conditions to deportation, starved for six days and covered in faeces and urine. This was not the 19th century, this was 1972.

The MV Nordvaer was already loaded with Chagossians, horses, and coconuts when it arrived at Peros Banhos. Approximately one hundred people were ultimately forced onto the ship. Ms. Mein, her husband, and their eight children shared a small, cramped cabin on the ship. The cabin was extremely hot; they could not open the portholes because the water level rose above them under the great weight of the overloaded boat. Many of the other passengers were not as fortunate as Ms. Mein and shared the cargo compartment with horses, tortoises, and coconuts. Ms. Mein remembers that the cargo hold was covered with urine and horse manure. The horses were loaded below deck while many human passengers were forced to endure the elements above deck for the entirety of the six-day journey in rough seas. The voyage was extremely harsh and many passengers became very sick. The rough conditions forced the captain to jettison a large number of coconuts in order to prevent the overloaded boat from sinking. Meanwhile, the horses were fed, but no food was provided for the Chagossians.

Rather than the human story of the victims, I intend to concentrate here, based squarely on the ICJ judgement, on the human story of the perpetrators. In doing so I hope to show that this is not just a historic injustice, but a number of prominent and still active pillars of the British Establishment, like Jack Straw, David Miliband, Jeremy Hunt and many senior British judges, are utterly depraved and devoid of the basic feelings of humanity.

There is also a vitally important lesson to be learnt about the position of the British Crown and the utter myth that continuing British Imperialism is in any sense based on altruism towards its remaining colonies.

Before reading the ICJ Opinion, I had not fully realised the blatant and vicious manner in which the Westminster government had blackmailed the Mauritian government into ceding the Chagos Islands as a condition of Independence. That blackmail was carried out by Labour Prime Minister Harold Wilson. The court documentation makes plain that the United States was ordering the British Government on how to conduct the entire process, and that Harold Wilson deliberately “frightened” Mauritius into conceding the Chagos Islands. This is an excerpt from the ICJ Opinion:

104. On 20 September 1965, during a meeting on defence matters chaired by the United Kingdom Secretary of State, the Premier of Mauritius again stated that “the Mauritius Government was not interested in the excision of the islands and would stand out for a 99-year lease”. As an alternative, the Premier of Mauritius proposed that the United Kingdom first concede independence to Mauritius and thereafter allow the Mauritian Government to negotiate with the Governments of the United Kingdom and the United States on the question of Diego Garcia. During those discussions, the Secretary of State indicated that a lease would not be acceptable to the United States and that the Chagos Archipelago would have to be made available on the basis of its detachment.
105. On 22 September 1965, a Note was prepared by Sir Oliver Wright, Private Secretary to the United Kingdom’s Prime Minister, Sir Harold Wilson. It read: “Sir Seewoosagur Ramgoolam is coming to see you at 10:00 tomorrow morning. The object is to frighten him with hope: hope that he might get independence; Fright lest he might not unless he is sensible about the detachment of the Chagos Archipelago. I attach a brief prepared by the Colonial Office, with which the Ministry of Defence and the Foreign Office are on the whole content. The key sentence in the brief is the last sentence of it on page three.”
106. The key last sentence referred to above read: “The Prime Minister may therefore wish to make some oblique reference to the fact that H.M.G. have the legal right to detach Chagos by Order in Council, without Mauritius consent but this would be a grave step.” (Emphasis in the original.)
107. On 23 September 1965 two events took place. The first event was a meeting in the morning of 23 September 1965 between Prime Minister Wilson and Premier Ramgoolam. Sir Oliver Wright’s Report on the meeting indicated that Prime Minister Wilson told Premier Ramgoolam that “in theory there were a number of possibilities. The Premier and his colleagues could return to Mauritius either with Independence or without it. On the Defence point, Diego Garcia could either be detached by order in Council or with the agreement of the Premier and his colleagues….”

I have to confess this has caused me personally radically to revise my opinion of Harold Wilson. The ICJ at paras 94-97 make plain that the agreement to lease Diego Garcia to the USA as a military base precedes and motivates the rough handling of the Mauritian government.

Against this compelling argument, Britain nevertheless continued to argue before the court that the Chagos Islands had been entirely voluntarily ceded by Mauritius. The ICJ disposed of this fairly comprehensively:

172. …In the Court’s view, it is not possible to talk of an international agreement, when one of the parties to it, Mauritius, which is said to have ceded the territory to the United Kingdom, was under the authority of the latter. The Court is of the view that heightened scrutiny should be given to the issue of consent in a situation where a part of a non-self-governing territory is separated to create a new colony. Having reviewed the circumstances in which the Council of Ministers of the colony of Mauritius agreed in principle to the detachment of the Chagos Archipelago on the basis of the Lancaster House agreement, the Court considers that this detachment was not based on the free and genuine expression of the will of the people concerned.

A number of the individual judges’ Opinions put his rather more bluntly, of which Judge Robinson gives perhaps the best account in a supporting Opinion which is well worth reading:

93. … The intent was to use power to frighten the Premier into submission. It is wholly unreasonable to seek to explain the conduct of the United Kingdom on the basis that it was involved in a negotiation and was simply employing ordinary negotiation strategies. After all, this was a relationship between the Premier of a colony and its administering Power. Years later, speaking about the so-called consent to the detachment of the Chagos Archipelago Sir Seewoosagur is reported to have told the Mauritian Parliament, “we had no choice”42It is also reported that Sir Seewoosagur told a news organization, the Christian Science Monitor that: “There was a nook around my neck. I could not say no. I had to say yes, otherwise the [noose] could have tightened.” It is little wonder then that, in 1982, the Mauritian Legislative Assembly’s Select Committee on the Excision of the Archipelago concluded that the attitude of the United Kingdom in that meeting could “not fall outside the most elementary definition of blackmailing”.

The International Court of Justice equally dismissed the British argument that the islanders had signed releases renouncing any claims or right to resettle, in return for small sums of “compensation” received from the British government. Plainly having been forcibly removed and left destitute, they were in a desperate situation and in no position to assert or to defend their rights.

At paragraphs 121-3 the ICJ judgement recounts the brief period where the British government behaved in a legal and conscionable manner towards the islanders. In 2000 a Chagos resident, Louis Olivier Bancoult, won a judgement in the High Court in London that the islanders had the right to return, as the colonial authority had an obligation to govern in their interest. Robin Cook was then Foreign Secretary and declared that the Foreign and Commonwealth Office would not be appealing against the judgement.

Robin Cook went further. He accepted before the UN Commission on Human Rights in Geneva that the UK had acted unlawfully in its treatment of the Chagos Islanders. And he repealed the Order in Council that de facto banned all occupation of the islands other than by the US military. Cook commissioned work on a plan to facilitate the return of the islanders.

It seemed finally the British Government was going to act in a reasonably humanitarian fashion towards the islanders. But then disaster happened. The George W Bush administration was infuriated at the idea of a return of population to their most secret base area, and complained bitterly to Blair. This was one of the factors, added to Cook’s opposition to arms sales to dictatorships and insistence on criticising human rights abuses by Saudi Arabia, that caused Tony Blair and Alastair Campbell to remove Robin Cook as Foreign Secretary.

Robin Cook was replaced by the infinitely biddable Jack Straw. There was never any chance that Straw – who received large donations to his office and campaign funds from British Aerospace – would stand against the interests of the arms industry or of the USA, particularly in favour of a few dispossessed islanders who would never be a source of personal donations.

Straw immediately threw Cook’s policy into reverse. Resettling the islanders was now declared “too expensive” an option. The repealed Order in Council was replaced by a new one banning all immigration to, or even landing on, the islands on security grounds. This “coincided” with the use of Diego Garcia, the Chagos island on which the US base is situate, as a black site for torture and extraordinary rendition.

Straw was therefore implicated not just in extending the agony of the deported island community, but doing so in order to ensure the secrecy of torture operations. I don’t have the vocabulary to describe the depths of Straw’s evil. This was New Labour in action.

The estimable Mr Bancoult did not give up. He took the British Government again to the High Court to test the legality of the new Order in Council barring the islanders, which was cast on “National security” grounds. On 11 May 2006, Bancoult won again in the High Court, and the judgement was splendidly expressed by Lord Hooper in a statement of decency and common sense with which you would hope it was impossible to disagree:

“The power to legislate for the “peace order and good government” of a territory has never been used to exile a whole population. The suggestion that a minister can, through the means of an Order in Council, exile a whole population from a British Overseas Territory and claim that he is doing this for the “peace, order and good government” of the Territory is, to us, repugnant.” (Para 142)

The judgement did not address the sovereignty of the islands.

Unlike Robin Cook, Jack Straw did appeal against the judgement, and the FCO’s appeal was resoundingly and unanimously rebuffed by the Court of Appeal. The Foreign and Commonwealth Office then appealed again to the House of Lords, and to general astonishment the Law Lords found in favour of the British government and against the islanders, by a 3-2 judgement.

The general astonishment was compounded by the fact that a panel of only 5 Law Lords had sat on the case, rather than the 7 you would normally expect for a case of this magnitude. It was very widely remarked among the legal fraternity that the 3 majority judges were the only Law Lords who might possibly have found for the government, and on any possible combination of 7 judges the government would have lost. That view was given weight by the fact that the minority of 2 who supported the islanders included the Lord Chief Justice, Lord Bingham.

The decision to empanel only 5 judges, and the selection of the UK’s three most right wing Law Lords for the panel, was taken by the Lord Chancellor’s office. And the Lord Chancellor was now – Jack Straw. The timing is such that it is conceivable that the decision was taken under Straw’s predecessor, Lord Falconer, but as he was Blair’s great friend and ex-flatmate and also close to Straw, it makes no difference to the Establishment stitch-up.

If your blood is not now sufficiently boiling, consider this. The Law Lords found against the islanders on the grounds that no restraint can be placed on the authority of the British Crown over its colonies. The majority opinion was best expressed by Lord Hoffman. Lord Hoffman’s judgement is a stunning assertion of British Imperial power. He states in terms that the British Crown exercises its authority in the interests of the UK and not in the interest of the colony concerned:

49. Her Majesty in Council is therefore entitled to legislate for a colony in the interests of the United Kingdom. No doubt she is also required to take into account the interests of the colony (in the absence of any previous case of judicial review of prerogative colonial legislation, there is of course no authority on the point) but there seems to me no doubt that in the event of a conflict of interest, she is entitled, on the advice of Her United Kingdom ministers, to prefer the interests of the United Kingdom. I would therefore entirely reject the reasoning of the Divisional Court which held the Constitution Order invalid because it was not in the interests of the Chagossians.

It is quite incredible to read that quote, and then to remember that the British government has just argued before the International Court of Justice that the ICJ does not have jurisdiction because the question is nothing to do with decolonisation but rather a bilateral dispute. Thankfully, the ICJ found this quite incredible too.

You may think that by the time it fixed this House of Lords judgement the British government had exhausted the wells of depravity on this particular issue. But no, David Miliband felt that he had to outdo his predecessors by being not only totally immoral, but awfully clever with it too. Under Miliband, the FCO dreamed up the idea of pretending that the exclusion of all inhabitants from around the USA leased nuclear weapon and torture site, was for environmental purposes.

The propagation of the Chagos Marine Reserve in 2010 banned all fishing within 200 nautical miles of the islands and, as the islanders are primarily a fishing community, was specifically designed to prevent the islanders from being able to return, while at the same time garnering strong applause from a number of famous, and very gullible, environmentalists.

As I blogged about this back in 2010:

The sheer cynicism of this effort by Miliband to dress up genocide as environmentalism is simply breathtaking. If we were really cooncerned about the environment of Diego Garcia we would not have built a massive airbase and harbour on a fragile coral atoll and filled it with nuclear weapons.

In retrospect I am quite proud of that turn of phrase. David Miliband was dressing up genocide as environmentalism. I stand by that.

While the ruse was obvious to anyone half awake, it does not need speculation to know the British government’s motives because, thanks to Wikileaks release of US diplomatic cables, we know that British FCO and MOD officials together specifically briefed US diplomats that the purpose was to make the return of the islanders impossible.

7. (C/NF) Roberts acknowledged that “we need to find a way to get through the various Chagossian lobbies.” He admitted that HMG is “under pressure” from the Chagossians and their advocates to permit resettlement of the “outer islands” of the BIOT. He noted, without providing details, that “there are proposals (for a marine park) that could provide the Chagossians warden jobs” within the BIOT. However, Roberts stated that, according to the HGM,s current thinking on a reserve, there would be “no human footprints” or “Man Fridays” on the BIOT’s uninhabited islands. He asserted that establishing a marine park would, in effect, put paid to resettlement claims of the archipelago’s former residents. Responding to Polcouns’ observation that the advocates of Chagossian resettlement continue to vigorously press their case, Roberts opined that the UK’s “environmental lobby is far more powerful than the Chagossians’ advocates.” (Note: One group of Chagossian litigants is appealing to the European Court of Human Rights (ECHR) the decision of Britain’s highest court to deny “resettlement rights” to the islands’ former inhabitants. See below at paragraph 13 and reftel. End Note.)

Incredible to say, that is still not the end of the ignominy of the British Establishment. As the irrepressible Chagossians continued their legal challenges, now to the “Marine reserve”, the UK’s new Supreme Court shamelessly refused to accept the US diplomatic cable in evidence, on the grounds it was a privileged communication under the Vienna Convention. This was a ridiculous decision which would only have been valid if there were evidence that the communication were obtained by another State, rather than leaked to the public by a national of the state that produced it. For a court to choose to ignore a salient fact is an abhorrent thing, but it allowed the British Establishment yet another “victory”. It was short lived, however.

Mauritius challenged the UK to arbitration before a panel constituted under Article 287 of the UN Convention on the Law of the Sea, a Convention I am happy to say I was directly involved in bringing into force, by negotiating and helping draft the Protocol. Mauritius argued that the UK could not ban fishing rights which it enjoyed both traditionally, and specifically as part of the agreement to cede the Chagos Islands. The UK brought four separate challenges to the jurisdiction of the panel, and lost every one, and then lost the main judgement. It is pleasant to note that acting for the Chagos Islands was Elizabeth Wilmshurst, the FCO Legal Adviser who had resigned her position, telling Jack Straw that the attack on Iraq constituted an illegal war of aggression.

Which brings us up to the present Opinion by the International Court of Justice after the government of Mauritius finally took resolute action to assert sovereignty over the islands. Astonishingly, having repudiated the decision of the Arbitration Panel on the Law of the Sea, very much a British-inspired creation, Jeremy Hunt has now decided to strike at the very heart of international law itself by repudiating the International Court of Justice itself, something for which there is no precedent at all in British history. I discuss the radical implications of this here with Alex Salmond.

This is apposite as throughout the 21st Century developments listed here in this continued horror story, the Chagossians’ cause was championed in the House of Commons by two pariah MPs outside the consensus of the British Establishment. The Chair of the All Party Parliamentary Group on the Chagos Islands was Jeremy Corbyn MP. His Deputy was Alex Salmond MP.

Chagos really is a touchstone issue, a key litmus test of whether people are in or out of the British Establishment. The attacks on Jeremy Corbyn, the manufactured witch-hunt on anti-semitism, all are designed to return the Labour Party to a leadership which will continue the illegal occupation of the Chagos Islands; the acid test of reliable pro-USA neo-conservative policy. The SNP, at least under Salmmond, was an open challenge to British imperialism and hopefully will remain so.

Chagos is a fundamental test of decency in British public life. If you know where a politician – or judge – stands on Chagos, most other questions are answered.

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Please Cancel Your Subscriptions

The large majority of the financial support for this blog comes from supporters of Scottish Independence, and I have been extremely, extremely grateful for your support this past year.

But everybody who is OK with this particular gesture by Nicola Sturgeon, I should thank you now to cancel your subscriptions because I really don’t want your money.

For me, the death of millions of people in the Middle East, and Alastair Campbell’s role in the deliberate manufacture of a dossier of lies to cause an aggressive war that led to those deaths, were life-changing events. It led me to pursue the end of the imperialist British state.

If you think that the Iraq war was just a forgivable policy error I do not want your money. If you think that consorting gleefully with war criminals is a sensible bit of realpolitik I do not want your money.

Nicola spoke at the pro-EU rally today. It has been explained to me by countless people these five years that Nicola cannot speak at pro-Indy rallies – and she has not done so since 2013 – because as First Minister she has to maintain dignity and not take controversial political stances. If you think it is fine for Nicola to show zero interest to speak at pro-Indy rallies, yet show huge enthusiasm to join the Blairites at this event, I do not want your money.

Thank you.

Refunds are available on application.

The Independent Scotland which I want is not just for a continuation of UK neo-con defence and foreign policy. If you support that, stick with me. But not if you believe Nicola shares those goals. I have no desire to rob the deluded.

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Geoffrey Cox’s New “Legal Advice” on Brexit Incentivises Unionist Violence

Brexit has revealed further the rottenness of the British political Establishment, but I am still truly shocked now to see the Government of the United Kingdom negotiating a major international treaty on the acknowledged, discussed and now published basis that it has every intention of breaking that treaty once it is in force. Officially published by the Attorney General, no less.

The Westminster Government’s contempt for international law was fully demonstrated just two weeks ago when it repudiated the International Court of Justice – an act which is the ultimate disavowal of the rule of international law – over the decolonisation of the Chagos Islands. So in one sense it is no shock that they are prepared to sign a treaty with no intention of honoring it.

But what is quite astonishing is that the discussions with the DUP and ERG on how to sign up to the backstop and then dishonour it, have been carried out fully in public, and with the potential other party to the treaty looking on.

I simply do not see how the EU can now sign the Withdrawal Agreement which was negotiated with May, when they have been given firm evidence that the UK intends to cheat on that Agreement.

I especially cannot understand the pusillanimous attitude of the government of Ireland to this development. The UK has published in advance that it is taking Ireland and the Irish people for fools and has no intention of keeping to the Irish backstop. The reaction of the Government of Ireland is to pretend not to notice. That is an astonishing dereliction of its duty to the people of Ireland, North and South.

The more so as Geoffrey Cox’s “advice” is an unsubtle hint to the DUP, should the backstop become effective, to restart the Loyalist violence with which they were for decades so closely associated, in order to provide the pretext for cancelling the backstop. In reading this, it is essential to remember that this legal advice was written, as a matter of definite fact, directly for the DUP audience to try and influence the DUP in the next “meaningful” vote. To signal to an organisation as steeped in blood as the DUP that the way out of the “Backstop” arrangement which they so hate, would be to demonstrate it is having a “socially destabilising effect in Northern Ireland”, clearly gives a very direct incentive to Loyalists to restart violence.

Anybody who knows anything about the history and politics of Northern Ireland must be aware that what I have just written is true. At the very best reading, Cox’s “advice” is grossly irresponsible and reckless.

It is also very poor legal advice. Unlike Geoffrey Cox, I have actually negotiated a number of international treaties, including most of the UK’s continental shelf boundary agreements, the Protocol on Deep Seabed Mining to UNCLOS and the Sierra Leone Peace Agreement. Cox’s interpretation of Article 62 of the Vienna Convention on Treaties is complete nonsense. To start with, Article 62 is designed not to facilitate but to prevent treaties being dishonoured under the excuse of “unforseen circumstances”. It reads:

Article 62
Fundamental change of circumstances
1. A fundamental change of circumstances which has occurred with regard to those existing at the
time of the conclusion of a treaty, and which was not foreseen by the parties, may not be invoked as a
ground for terminating or withdrawing from the treaty unless:
(a) the existence of those circumstances constituted an essential basis of the consent of the parties to
be bound by the treaty; and
21
(b) the effect of the change is radically to transform the extent of obligations still to be performed
under the treaty.
2. A fundamental change of circumstances may not be invoked as a ground for terminating or
withdrawing from a treaty:
(a) if the treaty establishes a boundary; or
(b) if the fundamental change is the result of a breach by the party invoking it either of an obligation
under the treaty or of any other international obligation owed to any other party to the treaty.
3. If, under the foregoing paragraphs, a party may invoke a fundamental change of circumstances
as a ground for terminating or withdrawing from a treaty it may also invoke the change as a ground for
suspending the operation of the treaty.

Very plainly indeed, neither 1 a) nor 1 b) apply to the situation Cox outlines. Just not working out the way you intended is not grounds to dishonor a treaty. Social discontent in Northern Ireland would not radically transform the obligations under the treaty nor is social content the essential basis of consent to the treaty.

The second, and frankly hilarious, point is that Cox’s advice is demonstrably nonsense. To permit the dishonoring of the treaty, a change in circumstance must not only be “fundamental” it must also be “unforeseen”. Yet in his legal advice Cox foresees and specifies the “unforeseen” event that might lead to cancellation!

I rest my case.

It is worth reminding you – as the MSM refuse to do – that the Tory Brexiteers oppose the Good Friday Agreement, and destroying it is to them a potential gain from Brexit rather than a disaster to be averted. Remember this by Michael Gove, asserting that the British military option would be better than the Good Friday Agreement?

Ulster’s future lies, ultimately, either as a Province of the United
Kingdom or a united Ireland. Attempts to fudge or finesse that
truth only create an ambiguity which those who profit by violence
will seek to exploit. Therefore, the best guarantee for stability is the
assertion by the Westminster Government that it will defend, with
all vigour, the right of the democratic majority in Northern Ireland
to remain in the United Kingdom. Ulster could then be governed
with an Assembly elected on the same basis as Wales, and an
administration constituted in the same way. Minority rights should
be protected by the same legal apparatus which exists across the
UK. The legislative framework which has guaranteed the rights and
freedoms of Roman Catholics and ethnic minorities in Liverpool
and London should apply equally in Belfast and Belleek…

In such circumstances, resolute security action, the use of
existing antiterrorist legislation and the careful application of
intelligence could reduce the IRA to operating as it did in the fifties
and sixties. Combining such security measures with a political
determination not to allow Ulster’s constitutional status to be altered
by force of arms would rob the republicans of hope.
It can be done. But does any Government have the will?

Interestingly enough, after I published an article on Gove’s 58 page pamphlet attacking the Good Friday Agreement, the Tory think tank which published it, the Centre for Policy Studies, immediately took it down from the web. I have, however, copied it to my own website.

By chance, my next couple of speaking engagements are in Northern Ireland. This is not the subject I was intending to discuss, but I never know what I am going to say when I stand up anyway. Happy to answer questions on anything.

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Brexit and Bad Faith

My long article on the Chagos Islands sat unfinished yesterday, despite my passion for the subject, as I was horribly fascinated by the Gothic twists and turns of the Brexit debates in the House of Commons. I seldom write on the subject, but some observations seem now called for.

The Westminster system of handling business is designed purely to handle binary questions disputed between two major parties. Where those parties are both themselves hopelessly riven by internal conflict, and the issues not simply reduced to a manageable number of binary choices, Erskine May just cannot cope.

Parliament thus ended up yesterday with a vote in which the majority of MPs who voted against May’s Withdrawal Agreement view its Irish Backstop provision as almost the only decent thing in it – an opinion with which I tend to concur. They however were egging on the antediluvian DUP/ERG faction to join them, on the basis of an argument that the Irish Backstop is terrible and could be permanent, neither of which anyone sensible really believes.

It says something about the insanity of UK politics that the debate quite seriously hinged around discussions of what happens if the EU acts in bad faith and used the “backstop” deliberately to trap the UK permanently in the Customs Union. The notion that the EU is acting in “bad faith” is frankly ludicrous. No trading partner has ever accused the EU, which has the most transparent negotiating process on trade deals of any country or trading bloc, of acting in bad faith. In its own interest, yes. In bad faith – ie lying and tricking – no.

The notion that the EU is like SPECTRE, and its leaders sit round a table headed by Blofeld Junker conjuring up evil plots to trap the UK in a customs union, is stark raving mad. It is an absolutely crazed conspiracy theory. Yet pro-EU MPs were pretending to share this conspiracy theory in order to encourage the ERG/DUP nutters to vote down May’s deal. That is madness.

Nobody should be perplexed that the EU has absolutely had enough of May and her government today, having watched yesterday Westminster hold a debate entirely centred on the premiss that the EU acts in bad faith.

The most important demonstration of bad faith now comes from Theresa May. She proposed a motion for debate this evening ruling out “no deal”, but – her cunning plan – specifically ruling out a no deal Brexit on 29 March, so the Government can argue No Deal has not been ruled out on any other date, and also with a clause re-asserting that No Deal remains the default position in law. In live parliamentary proceedings, Yvette Cooper – a person of whom I am not the least fond – appeared the only one immediately to pick up on what May was doing, though I gather amendments now show others have cottoned on.

May’s plan is to ask for a short extension after the next two days’ votes, then pretend to be renegotiating (again), and then bring back her same hard Brexit deal yet again to the Commons for yet another vote, this time with imminent and unstoppable No Deal as the only alternative, the EU having been pissed off to the point where it will not agree to any further extensions.

The truth is, there is a Commons majority for a soft Brexit with a Customs Union. In a free vote without party whips, that would sail through. But it is not what May wants personally as it breaks her “red lines”, all of which are entirely predicated on stopping Free Movement. Hatred of immigrants remains the defining motive of her entire career. Customs Union and Single Market access are not going to be obtainable without Free Movement.

The truth is, it is May who is acting in bad faith. She has no intention of negotiating anything other than her Red Lines with the EU, and has no intention of engaging in any kind of meaningful renegotiation, delay or no. A delay to Brexit is absolutely pointless while May remains Prime Minister. May rightly calculates that her ultra-hard Brexit red lines were required to keep the Tory Party together, and thus keep her in power. She cares much more for being in power than she does for a solution. The comparison with Robert Peel is very apt. He reached across the aisle whilst PM and split the Tory Party to repeal the Corn Laws. There are many statues to Peel around the country. There will never be any to Theresa May.

The party, parliamentary and political system of the UK has simply become dysfunctional. This is a symptom of the much wider fact that the UK is no longer a viable socio-political entity and will not continue to exist much longer. Its system of economic regulation promotes the accumulation of vast wealth by a tiny minority, while not providing a decent standard of living to millions. There is massive disillusion with its political leadership and distrust of its extremely narrow mainstream media.

What we are witnessing at Westminster is plainly not a functional political system. It is essential that the SNP now strike out decisively for Scottish Independence. Westminster will never be held in more contempt by the public, so there will never be a better time to assert the right of the Scottish people to decide for themselves on Independence without being blocked by Westminster. Ian Blackford was very good on this yesterday.

The rise of Jeremy Corbyn to lead the Labour Party is not a chance; it is based on popular reaction to the failure of the UK political system to satisfy the needs of, and deliver a fair society for, the general population. Despite desperate Establishment attempts to smear the Left, I suspect these underlying factors may still propel Corbyn to victory. He needs to come to terms rapidly with Scotland’s right to self-determination, and stop regarding Scots as an irritant.

In looking at yesterday’s events in grim despair, in regarding May’s devious plans and contempt for the wider interest with profound distate, be comforted. It is all a sign that the British Establishment has its coat on a very shoogly peg. It is not long now.

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A Tale of Two Incarcerated Women

On International Women’s Day yesterday Chelsea Manning was imprisoned yet again, this time for refusing to testify against Julian Assange before a Grand Jury. Chelsea has already suffered over seven years of total imprisonment – no American had ever previously spent more than three years in jail for releasing government secrets to the public, in a land which had historically valued free speech.

I am in awe of Chelsea’s courage in refusing to testify, and shocked at a system that imprisons somebody for contempt of court for maintaining dignified silence.

Chelsea has also done a great service in finally stripping away the last vestige of excuse from the figures who refuse to support Julian Assange, pretending that they do not believe he faces extradition to the United States, and that the legal issue is not about Wkileaks’ right to publish.

The potential charges in Sweden – always based on quite ludicrous accusations – were dropped years ago after he was finally interviewed in the Ecuadorean Embassy by Swedish police and prosecutors, and it became very plain indeed there was no viable case against him.

Chelsea has gone to prison for refusing to participate in the prosecution of Wikileaks for publishing materials that revealed war crimes in the American occupation of Iraq and Afghanistan. Chelsea is a whistlebower, not a publisher. Assange is a pubisher, not a whistleblower. If Assange can be prosecuted for publishing official secrets, then so can every newspaper editor or television editor involved in the receipt of whistleblower material. There is a massive, a fundamental, media freedom issue at stake here. Even so, the MSM in the UK do not even have the guts to state the truth about what causes Julian to be confined to the Ecuadorean Embassy, let alone to support his right to publish.

Nazanin Zaghari Ratcliffe is in jail in Iran for spying for the British. She is certainly not an MI6 officer, and I can’t see that she would have sufficient access to information to make her of much use as an agent (as MI6 calls its informants). That she was involved in training Iranian journalists or citizen journalists in ways the Iranian government did not like is much more probable, but does not amount to espionage. Even if she were some kind of low level informant to MI6 (which I doubt), the Iranian authorities have sufficiently made their point and it is time to let her go.

The British government’s attitude to this case has been particularly interesting and extremely unusual. I cannot criticise them for the things they have done, because they are the things I used to get frustrated with them for never doing. But their handling of this case is truly out of the ordinary.

The UK allows dual citizenship. It has been longstanding Foreign Office policy that the UK does not give consular protection to UK dual nationals in the country where they are also a national. If the other state does not allow dual citizenship, it might not recognise any British standing in the matter. But there is another compelling reason for the standard policy of not assisting in these circumstances.

When working in Embassies, I used to get infuriated by cases where I wished to help people but was not allowed to, because they were dual citizens. It was explained to me, that if in Nigeria alone we accepted as consular cases all the British/Nigerian dual nationals in Nigerian jails, that would already double the FCO’s entire consular caseload worldwide. To accept dual nationals as consular cases everywhere in their other homeland would increase consular work by a large multiple and require a very large increase in FCO resources.

I nevertheless always felt we could do more. That the British government had, prior to yesterday, already done so much to try to help Nazanin Zagahari Ratcliffe, even though she was an Iranian dual national in Iran, was already extremely unusual. That the UK has now “adopted” the case, raising it to the level of a state dispute, is something not just unusual, but which I don’t think has happened since the First World War. Please note this is not the same process as granting Zaghari Ratcliffe herself diplomatic status, which has not been done.

Again, I can’t criticise the FCO for this, because adoption is something I had urged them to do in a past case while I was on the inside, (shout out to my friend John Carmichael), again being told by the FCO it was not possible as we never do it.

Whether the move is effective or wise in this case, is quite another question. It seems to me likely the Iranians will take it as confirmation that she is a spy. I would urge the Iranian government to take this course; they should now declare the the adoption of the case as a state dispute proves that Zaghari Ratcliffe is a spy, and having been proven right before the world, they will let her go as an example of mercy and compassion.

There are two fundamental points here. The first is that Iran has been subjected for years to crippling sanctions and an international campaign of hate spread by western government propaganda and their MSM. Western governments have aligned themselves with Saudi and Israeli sponsored brutal proxy wars against Shia communities across the Middle East, which look to Iran for protection. If the Iranian government is defensive and suspicious, is that really surprising? The week after the British government declare Hezbollah, the political and security organisation of Lebanese Shias, to be nothing but a terrorist organisation, do the Tories really think the Iranians will be looking kindly on them and their demands over Zaghari Ratcliffe?

The second point is that the entire purpose of the state “adopting” a case, is to make available the dispute resolution mechanisms which operate between states. But the UK only a few days ago repudiated the International Court of Justice, the final arbiter of such disputes, over the Chagos Islands. As the UK shows total contempt for international law, this attempt to access its remedies will be met with derision by the wider international community.

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Sorry For the Silence

I am working on two big pieces: one on the Skripals and one on the Chagos Islands judgement. The Skripal piece in particular is occasioning a great deal of thought, so apologies for the delay. Nadira is away working so I am single parenting, which means very little Lagavulin, without which my brain synapses don’t connect properly. I hope however to get enough sparks flying and get the Skripal piece up today.

Sorry For the Silence

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