Is the Human Rights Movement Part of the Problem?

Yesterday’s quarrel, conducted in the open through the media, between Shami Chakrabarti, Director of the UK based human rights group Liberty, and Culture Secretary Andy Burnham over the decision by Tory MP David Davies to stand down and call an election over his parliamentary seat in light of the government’s successful attempt to increase the number of days that terror suspects can be held before being charged to 42, brings to mind Harvard Professor David Kennedy’s excellent 2002 essay The International Human Rights Movement: Part of the Problem. Although the paper relates to international issues, there might be a few pointers relevant for the UK human rights movement and its choice of methods of advocacy. In light of popular opposition to the Human Rights Act in the UK and pledges by the Tories that they will consider scrapping it once in office, it could be questioned whether the UK human rights movement has itself to partly thank for this situation. For instance, high profile cases supported by groups like Liberty, such as the case where it was ruled that the UK government could not expel nine Afghani hijackers because they would face torture once back in their home country (a ruling, however, clearly in line with case law from the European Court of Human Rights), have hardly spurred popular support for the Human Rights Act. Similarly, appearance by Ms Chakrabarti at conferences for both the Tories and the Liberal Democrats combined with this week’s threats of a lawsuit against Mr Burnham could give support to people who argue that groups like Liberty are running publicity campaigns rather than fighting the civil liberty cause. On the other hand, it could be argued that the purpose of human rights advocacy is not to improve public support for human rights but instead to protect even the most unpopular individuals. Additionally, a closer look at Ms Chakrabarti’s and Liberty’s advocacy reveals a mixed history owing little to political allegiances and ideology. However, in light of increasing conflict between civil liberties and policies aimed at securing public safety, it ought to be evident that the cause of civil liberties and human rights deserves all the support it can get. Debate as to how to best achieve this is likely to increase and as part of this, the various human rights groups will face scrutiny - something which is to be very welcomed.