'Tackling Militant Racism Submission for PhD examination Peter Arthur Jepson University College London July 1999. Warnýng thi,, thesýs s couýd contaýr racýaHy "Say No to Racism". offensive material - E ( BIBL LONDON UNIV Tackling Militant Racism. Page Chapter One: Introduction Tackling Militant Ractsm. - 2. What is militant racisni9 laws be 4. An example of militant racism and the variety of that can applicable. 8. Who are the perpetrators of acts of militant racism" 10. Balancing on a tiglitrope of libertarian acceptability. 15. Saying "No" to the proscription of racist organisations. 18. A preview of the approach I shall take witlun this thesis. 19. Preview. Chapter Two: Tackling Militwit Racism Action by Local Authorities. 21. - Powers Local Authority. 23. of a A Statutory Duty Race Relations Act 1976- 24. the under Implications of the Barry Case for s. 71 of the Race Relations Act 1976.26. Application 71 Relations Act 1976.28. the of s. of race Implications Wieeler Case 71 Race Relations Act 1976- 29. of the upon s. Action individual 30. against perpetrators. Local Authorities legal 31. and accountability. Types local 33. of anti-racist actions a authority could undertake. The use of injunctions to tackle militant racism. 37. Various injunctions. 40. types of Injunctions for Nuisance the Highway. 41. on Racial Picketing, 42. Liability for inducement breach duty? 44. of a of a statutory Injunctions in Criminal Offences. 45. to relation Appearance in Proceedings. 45ý Prevention from Eviction Act 1977. 47. New Crime & Disorder Act 1998. 49. the powers under A local 50. authority/landlords ability to tackle militant racists. Eviction 50. of racists. Homelessness. 52. Racism by 53. children. In 56. conclusion. Chapter Thrm Racist Speech Literature. 58. and Racist 59. niaterial. Evidence Assessment Sheet (1). 60. Public Order Act 1986,60. Section 4a the Public Order Act 1986.6-1. of Section 5 Public Order Act 1986.63. the of Sections 18 & 19 Public Order Act 1986.65. Maiming he intended to hatred' 67. whether stir up racial - Maiming ' 68. possible private prosecution. - Public Order Act 1986.68. Book Club items loophole under the -a Racist Material. 70. Possession of Communications Act 1988.71. NUicious Racist literature the and Post Office Act 1953.73. 74. Racist material an overall assessment. - in Borough Hounslow. 75. BNP/NF Material the of clistributed Evidence Assessment Sheet (2). 77. Racist Graffiti fly 79 and posting Racist Speech Chanting football 8L at matches. - Racial Chanting to intent. ' 82. need prove -a Protection from Harassment Act 1997.84. In Conclusion. 88. Chapter Four: Part aie Say No Racism. The Leýl Options for Change. 91. to - Option One 'Stirring discrimination hatred'. 92. up racial or - Option Two 'racial 94. offence' pre-requisite. -A Racist its 96. speech and audience. Problems incitement in 97. to associated vath relation sole recipients. Racially literature. 100. offensive Advocating inunigration 'Options One Two'. 101. controls under and Discussing issues 101. associated vAth repatnation. The impact 'Options One Two' 105. of and on militant racist materials. Evidence Assessment Sheet (3). 105. Wider implications in 107. to relation a racial offence prerequisite. Area Chart 1.108. The CERD Convention. 110. The to tackle ten-ninology that need religious stirs up racial discrimination/hatred 113. On Overall Analysis. 117. Chkipter Fiveý Part Two "Say No Racism- A Counter-messagge 119. to - An outline of the legislative approach. 121. Defi 'racial 122. ning offence'. The defence. 123. advantages of a counter-niessage The educational value of a counter-message defence. 124. An organisation's liability for the discrimination/hatred. 126. stiffing up of racial Obtaining the t27. views of militant racists. Concern that a counter-message for 129. could act as a signpost racist material. Consistency with the CERD Convention. 131. iii 132. Possession 'racially material. offensive' of 133. Seizing 'racially offensive' material. 133. Applying the principle to speech. 135. Public Interest issues. be introduced. The that may need to 137. nature of any guidelines Internet. 138. Tackling Racism the on (a) Prosecuting those that directly produce/publish unacceptable materials. 141. (b) Nfakmg the 'server' liable for unacceptable electronic data. 143. Using to 145. (c) a COUnter-message warn people of unacceptable materials. Averting the threat to freedom of expression. 148. Compatibility with the 'Convention on Human Rights'. 149. The ECHR Tackling Nfilitant Racism. 152. and Press freedom 155. and racist material, A 157. right to receive expression. In Conclusion. 158. Chapter Siv A Counter-inessap_e Education the General Will. 160. and - Legislation Education. 162. and (1) A dernonstration the law. 164. of (2) Sigtufying the type of comments that may be 'racially offensive'. 165. (3) Requiring the author/publ i slier to examine the content of material for racism. 166. (4) It tends to discredit the in the racist statements material to it is 167. which appended Establishing basis for law 168. a sociological Lising the to educate. Changing folkways. 171. Rousseau Society the General Will. 175. and - Is there difference between 176. a a general will and public opinion? Rousseau the 178. and state of nature. Criticism Rousseau's 180. theory. of ( 1) Rousseau's 'General Will' is justifies dictatorship vague, - 180. and not adaptable. (2) Forcing individual to be free? 183. an (3) Reliance on the social contract theory. 184. (4) Equality 186. andjustice9 Rawls Theory Justice. 187. of -A The in law. 192. concept of equality contemporai-y Ail 195. overall analysis. The 197. counter-niessage proposals sex and religion. - Conclusion. 198. IV 201 Chapter Seven- Racial Motivation and-HosWAY. does liability'. 201 A 'motive not affect usually general rule - Racial Motive Sentencing. 202. and Case Law racial element. 203. -A 206. The Ribbans approach. Problems in relation to the standard of proof. 208. Criticism of this approach. 209. Legislative Change. 212. The Government tackling by hostility. 212. approach crime motivated racial - Role the jury. 215. of Racial motivation and hostility an easier threshold to fulfil that Ribbans. 213. - Difference because hostility. 217. racial motivation and Problems defining 218. with racial motivation. Why tackle discrimination ignore 220. not racial and motivation- (1) Differing between 223. standards of proof civil and criminal cases. (2) The relevance of the drawing of inferences in relation to criminal cases. 224. Plea-bargaii-fing?. 226. The 'but for the the test 228. race of victim' could prevent plea-bargaining, Conclusion 228. Cha Eigjlt: Conclusion 231. ter Sipificant 231. and radical reform. Do laws 233. to tackle we need more racist crime? Tackling 235 racial offence. Compatibility 'Convention Human Rights'. 235. the with on The 238. two-fold the advantage of counter-niessage proposals. BibliQgr, 240, -iphyý Cases 240. to. referred Statutes to. 243. referred Books. 244ý Articles- 246. Reference Miscellaneous Materials. 249. and ApMndix Items I 23. to - I TACKLING MILITANT RACISM. INTRODUCTION - Cbapter One. ý, hatird bate "Ciimes that am motim/ed racial a special and " compelliq call on our conscience. his book 'Punishbig Hate'' by the Professor Lawrence, in justifies these words referring to He that approach that the media takes to racist crime. suggests newspaper coverage of d-ie he demonstrates how crime reflects concerns of society and numerous assaults occur dav little, local, Sirrularlv, Lawrence everv and vet these receive and then onh, attention. little leads argues, the general public ordinarily cares whether any particular assault to a does, prosecution of the perpetrators and, if it whether any particular prosecution results iri He a conviction. argues, this pattern of ii-idifference contrasts sharply with the reaction to crimes that implicate race relations, going on to justiý- the introduction of enhanced for by sentencing crimes motivated race. Professor Lawrence's United States comi-nents clearly relate to the and this thesis is not directly diat However, that to concerned with problems occur in country. it is important United Kingdom Indeed, that the recognise in race crime is also of major concern. a five has been glance through newspapers over the past years mail suggest that one crime 2 dorrunant Stephen Lawrence. The that is the murder of typical response to such - heightened for Professor awareness is to introduce enhanced sentencing racist crime. Lawrence likewise did British Government took this approach, and so the when it ' Crime Disorder Act 1998. In established the racial aggravation offences in the and this thesis I do disagree but I by take the the not wid-i such an approach, view once espoused - British Prirne Minister Tony Blair 'ive but Me that sbould tackle notJust ctime causes of ciime. - - In I but this thesis attempt to tackle not just the crime, the causes of racist crime. To I bi, defmmg undertake this task start, in this mtroductorv chapter, just what ryulitant I ffien displaying to that racism is. seek give an example of militant racism any crimes - be depicts may involved and then pro-vidmg a general profile that the perpetrators of such 1 llngoe I Criineý UnderAmencaii LqV Fredclick- M. Lawrence, fbivard Umversilvl'ress, 1999. ate -Timishiigli -Bins I Stephen Lav. in 'racist in April 1993. -rence was mUrdered a attick' 'I'lus vill be discused m (1apter Sevell, See The ieienl'bý Peter Jepson NJ-j 11998] 1838 for alýo an tielitution (il'a rai6d iýi, how oudine of the racial offcnceý mid the operate. 2 link between I 'authoritative' clairris of a an increase in racist acts. produce evidence of brief literature, I crime and the distribution of racist then giving a preview of the wav that intend, in this thesis, to tackle the problem of rrulitant racism. What is mihtant racism? ' Militant baslS Oxford Dictionary. be defined racisn-ý on the of the can as: 1 mffitant combative, aggressively active especially in support of a cause. engaged in warfare a rrulitant person, esp. a political activist. -ii. I belief based b: racism a: a in the superiority of a particular race; prejudice on this 2 human antagonism towards other races, esp as a result of this. the theory that detem-uned by abilities etc. are race. Mius, 'n-ýIltant be deterrruned 'combatim the term racisrrý can as and aggressive action, or aathýi, hosfilipý promotes towards people I. n support of a cause which siýnýFtes and anta gonisml of otber races' , By definition hostility its very militant racism is concerned with antagonism and associated with racist activity, which is clearlv narrower than the wide terminology of racism which is beliefs based all encompassing and includes prejudice and upon the superiority of a 1herefore, that for particular race. the concern associated with militant racism is of concern hostility beliefs, being racist antagonism or rather than any racist with it accepted that a ' 'beliefs' form 'thoughts' person's in the of are almost impossible to police effectively. '17)e Conc-ise O. jord IX, Eighth Edition by R. E. Men 1990 by (larendon Press, 0-xford. A -4 -, -Ii(ma! y'- edited fuid published - dictionmicý inteq)rcuition, however little between 'iNeM, variety of were exmnined to establish isuitable v6di to chooqc the Sboder 0. yord Enolich Dkl, ý)na? HifIfirial Pi7niples'(edited by Lesley Brown 1993) Wv Ginise Oiclajnaýy' definition, I -, y (in and decided the c,,, ciitLiA\, that more concise ver%on wis more applicable. 1 Antqggoiiýisrn is defined in The Concise O. ford Didionag'as hostility. The 'liosdhtx is N: active opposition or word 11 , un portant it is in the C-rime Disorder Act 1998 in See the Raial Moth-ahon since udhsed and relation to racist crime. cL-Tter and Hosl&ly'. Article 9 European Convention Human Rigghtý; has freedom of the on stresses that everyone the right to of thoLight, In the Kikkinqk-is Greece, (A 260-A 31 119931), Court con-; cience and religion. case of v pam the said th3t the \-3hies of Article 9 were at the fOLIndation of a democr3tic societN., though d-us Article has been interpreted cautiously by the Corrimission, die iri\ý46rig Vari Dijk Van Hoof ('Theog Pm-lice Eumiýean with vast majority of cases religion. and (xd ofthe Comt, Human kahts, 2nd 1990 397) there is line between nizan on edii at page advocate that no philosophy mid q political "in Idc& 9 ideas kirs.. " The Furopeari Hurnan Rights Commission, prograrmile, saying our opinion, , Y)n, -erns an), and i. in the Arrowsrriith UK, No 7050/75,19 DR 5 119781 Corn Rq) 69-72, fell 'Vntliiii c-L-. c of v that parass accepted pacifism freedom the arnbitto the right to of thought and conscience because it was 3 philosophy. However, in disagreeing \Aidi Van Dijk Vaii Hoof, the Harris, BovIe Warbrick have di3t die in and authorý -aid rernarked the enquiry Conums-ion made Anousmilh, it dubiouý the use makes aý to whether their 'gMerOLIS Vievl will prevail (see tax oj-1he EufYj1)ean Comuntýqn on I lumnx Rýuhls, published by Buttet-worths 1995 -it page 356-357). See also Chapter Five in thesis the section t: ,t mp,, bdily - Me Commlion Human Ri I mith o; 7 ghls', \xiiere argue that tight, under the FCfiR are subject to the provisions in Aiticle 14 of -, ECHR. T11is the that the forth in be discruninqtion states enjoyment of right, -, set the convention shall secured without on I. grounds of sex, race, colour, -guige, religion, Political or other opinion, national or social origin, association xk-idi a 3 from discrin-w"ation, be determined, Militant different racial which can racism is also as per Act 1976, less favourabli- I Race Relations treating section of the as a person on racial breach being directly by grounds, with a cIViI possible either or indirectly the actions of an 7 employee and organisation. Wid-iin be society the expression of militant racism can often seen through material that hatred discrimination. It be may stir up racial and/or can also seen on the streets, in terms harassment Indeed, frequently the of criminality of racial and violence. it is quite alleged' d-iat by like racist criminality is orchestrated or stirred up rnilitant gangs and organisations Combat 18,9 being these gangs, or organisations often political u-i nature, in the sense that they may work wid-iin and promote views consistent with the nationalist ideas of political III like National Front (NF) British National Party (BNP). However, parties the and the this does that not mean such ryuhtant gmgs and political groups conduct all acts of racial harassment directly, Rather, or violence or even indirectly. it IS argued that the street activity" of such groups serves to raise racial tensions within communities and thereby stir discrimination hatred. Some be found from up racial and evidence of this can research date Hounslow, found doubling compiled in where it was that a of racist incidents in the Borough had west of the a sinister connection with the activity of extremist racist groups 12 distribution literature. Despite and the of their offensive such an argurnent, it is Important literature directly to recognise that there is no irrevocable proof that racist and materials are for Though does responsible racist crime. there exist some anecdotal evidence that shows where high being distributed, that in areas there is a incidence of racist material racial crime birth To I I larris by individual national niinority, properýv, or other status. this extent, concur \Aith et al arguing that an be Article 9 beliefs. shoidd not able to rely upon with regards, to anv racist As 32 Race Relations Act 1976, is hable for his the per s. of an cinplover \jCariojjslNT all acts of employees or agents. 11 , ýGmmkg bi Londyn's Deýp Somd)'- Seýarchhglit, ' September 1998, Matthews Collins or exarnple, up tells the story of who turned to fascism and then later became an infonnant for Searclihght lielping to proxide inforniation exposing C18 acti"ity in 6cious in Tower H for 'World in Action' TV racist attacks anilets a progra: rnrne. ' Corribit 18 (CI8) fonned British National Party (BNP) in 1992. The I 8 was as a splinter group of the nunibers and represent the P and 811ý letters of the alphabet mid the iintials of its hero Adolf f fider. C18 newsletters have contained instructioný for bonib die liffling, harassing JSource: Týýr-iý, petrol makirig and advocated inaiining and of opponents ohf fiolba&lhi(,, I Yvler, 'l lie Tinies, 17 Febtuarv 1998 See t" IS Searclihght, March 1995]. ýs eqineerrdnýql wer termr,, qvea&'- also, - Officially die BNP deny Conibat 18 but is doubt BNP also iri working with there no that sorne members are active - Combat 18 [see Scpternber Deceinber 1995; 'BN-P keepsUnks mid xice versa and ilso see mill) iiolent neo-na, -zý'- -Scarchlight, TI 26 October 19 94]. ieG, ii ardi an, 11 Actixity here is interprcta6on. It includes distribution but include given a wide pfirnaiily the of racist ni3tenals, can also the use of posters, stickers, graffiti and verbal and physical hira-1-nent and/or attacks upon etliiiic people. Iýcc Appcii&x 21 from CIkj-igdisliSli., reference -letter mn3 to the Attom CA IGcri er al 4 by Searchlight, " Indeed this is often on the increase. some evidence of was subn-utted to 14 the Stephen Lawrence Public Inquiry which showed that the neo-nazi British National , Party (BNP) had been politically active" in the early 1990's in the East of London - " the resulting in a massive increase of racist crime in capital. An laws be example of militant racism and the variety of that can applicable. In d-iIS I thesis subsequent chapters of will produce examples of militant racist activity and However, I material. in this introductory section provide an illustration of militant racist by legally from ffie Daily Telegraph actiVity considering, and analysing, a news story written 17 by Journalist Hugh Mwr. the I Se. is Intemationol Anti-Fascist bascd in Ioiidon S irchlight mi monthly niVvine 14 `tcphen l, in April 1993 (TS filed bring in his death, S-, q vvi-ence was murdered mid the police and to chaige, relation to Comers, jury found Stephen had been killed "in dfack 17 flivnhile)(julhs" SubsNuenttodus while q a com#. eleýj imptwivked ý, , decision, family instigated for failed. Due Home the a private prosecution murder, which to ongoing political pressure, the Secietm: invited Sir Wifliarn MacPherson Chair Public Inquity into the limidling Sorne die y to a police of the case. of findings Inquiry (w The Sle#jen Lau7vn, Inquig.,, HAISO Febrna! 1999) be of this -e pu0shed y will referred to -it appropriate section, - of this thesis, however in summary the hiquiiý confinned that Stephen Lawrence's murder was 'jokly and ssI The Inquin7 found that Metropolitan Police irivestig3tion had been "Nix-red unequime4y molhaled iý, raim'. iý, a c(imbination imr)17ý*kmv, institubonaUsed fidim, leadership 4ý The Inquiry Report 70 pmfe, uional &&-ivtv an4l a of senior ýffivrs". made including incident, in recommendations, a re-definition ofa racial police training relation to the reporting and recording of incidents, die in investigation police practice relation to the of racist crime mid 1 variety of measures associated with anti- Despite the Home Secretary's for findings the Inquiry, liqs been racist educ3tion. support the of there some criticism (T., Inquify db, Gabk, Sean-likaht, Apnl 1999) Macpherson Report v)7vn, v ýpax6'Geny that the wa: rushed, xxith a resulting failure fully investig)qte This is fired to the context aithin which the murder was committed. criticism of a rushed report by blunder Macpherson Inquiry in had information the of the publishing the namuýs and addresses of people who given to Additional for irom die by Inquiry. At the police. saipport this criticism corries narrow approach taken the the Inquiry, Sir William Macpherson took beyond broader corru-n(fricernent of the promised to the single murder and consider issues in Inquny As inquir\ lie die the second stage o the the proggressed, concentrated on racism within police and gf broader issue-, In Macpherson his from refused to coqi_, ýider other racist crime- mid the associated. effect, started report the die Stephen Lfnvrence killing isolated incident moment of stabbing of mid continued to treat the is an of racial directly 6ve fie failed focus ýiolence, only considemig other crime_ý connected to the prime suspects. notably, to on 6olence in East London evidence which pointed to the climate of racial which was existirig around the time of the attack (see footnote 17 for 'niereby, Micpherson Report disappointingly some stitisticý). the inissed a golden opportunity to the factor,,; that have this due examme mid actions of any groups or organisations may cont6buted to racist climate, with lessons learn. consideration of any that society could Proof die BNP's be from fact in September 1993 Derek Beqckon of political actiNity can seen the that was elected as q BNP Councillor Tower Hamlets Council (he lost his in the folloxving lie has far been the on seat elections, and so only BNP in Obviously, doe, forms but candidate elected this country). political acmity can and take various racist gr3ffiti - literature is key feature BNP See also the leading BNP Tony mid often a of political acti-6ty. comments of acti-ost I that BNP in Tower Harnlets due This described A-comber who -argues the success was to a commui-iity approach. was as Furo-nationalist in 'rights for (Suxess & Fadurv: The the a approach which the whites' campaign v, 7q,; central nexpo&vj awd Spearhead, March 96). okl'- Seat vlilight submitted e-odence, to the 'Stephen Lawrence Inquiry, of 3 climate of racial \riolence in the locality of ,. Stephen', 'llicy between 1989 1993 incidents in murder. argued that and the niu-nber of reported of racial xiolence Fngland Wale-, liqd by 80 44) die incidents in the 10 -aid ris-ni per cent, of \\-hich per cent of occurred capital mid per cc-lit in East London (Emnzý7g lhejbpies I_Hativd' The B_N-P ii London Stepping lo Searchlight, alone ? and eafl stone rax nar'- ';,, 1998). ptcmbc-r Daily Telegraph, 23 March 1998. Ilie Alison Moore highlighted London To4l, 9th February 1999. story of was on 11iisTV also displayed die her from the "BNP". programme some of racist material sent to 5 teaching. " "These thugs never stop me racist vAll before losing The thing Alison Moore most vividly consciousness is the remembers final insult. As a group of four teenagers kicked and punched her senseless, amid fits her "Black bitch". they of cackling, screamed at She how long the lasted, but cannot guess attack when she woke up she realised her had left her hedge. attackers under a The first felt Most the blows had sensation she was excruciating pain. of come from behind her hunched forward to try her face. She as she and protect then her legs. Although dazed, that to realised she could not move she managed use her to the mobile phone raise alarm. Miss Moore, 30, internal bleeding bruising. She suffered cracked ribs, and severe days in hospital limp. spent six and even now walks with a The teacher, has daughter, first thought the who a six-year old at attack at Sandhurst Junior School, in Catford, London, just bad south-east was a matter of luck. But 10 days later forced to her thinking. "I home she was revise was on my own at I heard the letterbox I thought it When I one evening and open. was a circular. to look it I it death threat, telling to back to went at realised was a me not go school. It frightened really me. I didn't know if the knew I the black teacher in the attackers was only school and had been for It that had the wafting me. was also possible someone read about in the local " attack newspaper and was making mischief. The did they to her flat Locks installed, police what could make secure. were and a fitted linked directly to the local panic alarm was and police station. But March 13"' her tormentors "I had difficulty to on struck again. getting sleep and to take As I kitchen door, I went upstairs some medication. opened my saw a man balaclava had forced kitchen wearing a and gloves who open my window and was trying to in. The thing that frightened that he have heard come me was must me the kitchen but he just there to that I him. He entering stood make sure saw was trying to instil fear in " The the me. police arrived quickly and searched area with tracker dogs. They failed to the intruder his but they did find catch or accomplice their handiwork National Front logos had been collection of swastikas and which -a daubed the door. on After incident, Miss Moore had denounced her had her each abusers and voiced determination to but further incident last too stay, a week proved much. "A local told he had just telephone from reporter me received a call someone who they to 'do in' that That the to the said were going me night. evening police came flat I had left. " and stayed with me until Miss Moore hopes her be to trace her home but abusers will unable new intends to to is Her nevertheless return school as soon as she physically able. Olga, her teachers it is family mother, and great-aunts were and she says a tradition intends to she maintain. "I'll be to back to The thought happen scared go school. of whatever else might but I love job. I be I feel like I'm petrifies me, my would unhappy elsewhere. from home but I live if I from job " running away my couldn't ran away my as well. Doctors have told her full but Miss Moore it is she may make a recovery says that be the "I but these days I unlikely she will ever same. was an outgoing person tearful. I'm the telephone I find it hard to get very very nervous, even when rings. deal it " with all. "I that the for this My friends realise people responsible all are a minority. are all I don't look I look I think nationalities. at colour. at who people are and others do the " should same.
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