British Sikh Federation Welcomes Passage of

Human Rights Act 1998

 

 

The British Sikh Federation welcomes the recent passage of the Human Rights Act 1998, incorporating the European Convention on Human Rights into UK domestic law. This provides in law the Right to Life, Prohibition of Torture, Prohibition of slavery and forced labour, Right to liberty and security, Right to a fair trial, No punishment without law, Right to respect for private and family life, Freedom of thought, conscience and religion, Freedom of expression, Freedom of assembly and association, Right to marry, Prohibition of discrimination, Restrictions on political activity of aliens, Prohibition of abuse of rights, Protection of property, Right to education, Right to free elections, etc.

 

The Human Rights Act 1998 is of major Constitutional importance in the UK, and requires all future legislation to be checked for compliance with the HRA 1998 provisions. For the first time in the UK, everyone has the right not to be discriminated on the basis of religion or language which are of particular importance to the British Sikh Community and other Asians living in the UK, since the Race Relations Act 1976 only protected against racial discrimination, not religious discrimination. The prohibition against discrimination on the basis of language will also help the British Punjabi Community ( Sikh, Muslim, Hindus ) in its campaign calling on the BBC to provide fair and proportionate coverage in the Punjabi language for news, programmes, music on BBC Asian Network Radio and TV programmes.

 

The Human Rights Act 1998 is a gift from the Sikh Nation to all UK people. The campaign details are as follows :-

 

1.         On 17 June 1996, the British Sikh Federation (BSF) urged all British MEPs at the European Parliament to support an Urgency Motion laid by John Tomlinson MEP, Simon Murphy MEP, and PES European Socialist Group MEPs calling on the UK Government for the release of Raghbir Singh Johal (Editor of British Punjabi newspaper Awaze Qaum) from prison or for a fair trial in a judicial court; Raghbir Singh had been held in prison for 2 years on the grounds of national security “and other political reasons” without being given details of the charges against him or given a trial in an independent judicial court.

 

2.         On 19 June 1996, the European Parliament agreed to debate the Urgency Motion by a majority of 67 (186 votes to 119), despite extensive lobbying by the UK Government to prevent the debate from taking place.

 

3.         On 20 June 1996, there was an overwhelming Victory for the Urgency Motion in the European Parliament for Raghbir Singh, and the UK Government was censured over Human Rights abuse. Even UK Conservatives and right wings MEPs abstained in the vote, and did not vote against the Urgency Motion. The European Parliament instructed its President to forward the Resolution to the European Commission, the Council of Ministers, the British Government, and the European Court of Human Rights.

 

4.         Within a few months Karamjit Singh Chahal (held in prison for 6 years without trial) and Raghbir Singh (held in prison for 2 years without trial) were both released from prison.

 

5.         On 17 February 1997, the BSF thanked British MPs and MEPs for their efforts in securing the release of Raghbir Singh from prison  or for him to be tried in a court. The BSF urged the MPs to call on their own political party to safeguard basic rights for all UK subjects in law, through a Bill of Rights or incorporation of the European Convention on Human Rights. The MPs were asked to state the position of their political party  if it came into Government after the General Election in May 1997.

 

6.         On 4 March 1997, Don Foster MP, gave his own position and that of the Liberal Democrat Party, giving full support for the incorporation of the European Convention on Human Rights and a Bill of Rights into British law.

 

7.         On 6 March 1997, Gordon Brown MP sent a letter to Jack Straw MP, Labour Shadow Secretary of State for Home Affairs.

 

8.         On 6 March 1997, Simon Murphy MEP gave his support and stated that the Labour Party would incorporate the European Convention on Human Rights into British law so that many of the problems experienced in the case of Raghbir Singh Johal would be prevented from occurring in the future.

 

9.         On 6 March 1997, David Martin MEP, Vice President of the European Parliament, gave his support and stated that he would welcome the inclusion of such a principle into UK law, and that it should be high on the agenda for a Labour Home Secretary.

 

10.       However, what was there to prevent the political parties going back on their commitments after the General Election (as sometimes happens)?

 

On 7 March 1997, the BSF sent a copy of the European Parliaments Urgency Motion Resolution against the UK Government and the Censure on Human Rights abuses to all Ambassadors from foreign governments based in the UK, and urged the Ambassadors to write to John Major MP (Prime Minister), Tony Blair MP (Labour Party Leader), Paddy Ashdown MP (Liberal Democrat Party Leader) urging them to incorporate the European Convention on Human Rights or a Bill of Rights into British Law. That way pressure would be applied by foreign governments into embarrassing the UK government into passing British legislation, whichever party won the General Election.

 

11.       The Labour Government kept its pre-election promise, and passed the Human Rights Act 1998 during November 1998.

 

Kashmir Singh

General Secretary

November 1998

 

 

PS: Subsequently the Government announced that the Act would come into force in October 2000 in England and Wales; this delayed introduction was necessary, since so many Government Departments were operating in breach of the requirements of the European Convention on Human Rights. The legislation was brought into force earlier in Scotland, where the Government was successfully sued in the way that part-time Sheriffs (Judges) were appointed.

29 December 1999