Hiding in plain sight: Far-right terrorism in the UK
Published: 1 August 2024
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A. Meir
CRIME
Pre-face
Over recent days, the news has been focused upon the onslaught of far-right violence across the United Kingdom. Manipulating the tragic deaths of three school girls in Stockport into reason for Islamic villification, organised gangs have gone on a racist spree. News outlets consider this to be "Anti-immigration protest" and the Prime Minister Keir Starmer calls it "______".
The online community is horrified at the scenes and frustrated with the careful usage of semantics surrounding the subject, with a reporter having labelled the "protests" as "pro-British" and the hesitation to label the demonstrations as terrorism becoming clear.
The right to protest and the right to free speech are embedded within the laws of England and Wales. Such rights protect our liberties, and are incredibly important to a democratic society. However, when extremist groups use the guise of these laws to attempt to conceal hate speech, violence, and acts of terror, the law must clamp down on such behaviours and ensure the line is made clear.
This publication aims to outline the scenes of the past few days, and endeavours to bring light to the growing issue of racism in the UK and apply Critical Race Theory to the matter.
It must be noted that the situation at hand is rapidly changing, with hundreds of arrests made each day.
In publishing a week later, this essay aims to dive deeper into what's been going on. I've been able to take the time to observe the situation and develop legal arguments. It must be noted however that the information provided in this essay may quickly become outdated due to the rapidly changing climate.
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Introduction
The rise of far-right anti-immigration sentiments in England has led to a series of protests and riots, significantly impacting public order and safety. These events have highlighted the complexities of balancing free speech, protesting rights, and the enforcement of hate speech laws. This essay explores these developments with a focus on legal aspects under the laws of England and Wales, supported by recent incidents and legislative references. Integrating Critical Race Theory (CRT) provides a deeper understanding of the racial dynamics at play.
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Recent Developments
The far-right in England has gained momentum through various media platforms and public figures, leading to increased hostility towards immigrants, particularly Muslims. Recent incidents include the burning of police stations and mosques, violent attacks on minorities, and attempts to terrorize communities .
#### 1.2 Key Incidents
- Sunderland Police Station Attack: A police station in Sunderland was set on fire by far-right extremists, highlighting the dangerous escalation of anti-immigration protests into acts of terrorism.
- Liverpool and Newcastle Riots: These cities have seen violent clashes, with far-right mobs attacking people based on their ethnicity and religion .
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Legal Framework
2.1 Free Speech and Hate Speech
The right to free speech is protected under the Human Rights Act 1998, incorporating Article 10 of the European Convention on Human Rights (ECHR). However, this right is not absolute and can be restricted for the protection of public order and the rights of others.
2.2 Hate Speech Laws
- Public Order Act 1986: This act criminalizes the use of threatening, abusive, or insulting words or behavior with the intent to stir up racial hatred .
- Crime and Disorder Act 1998: Provides enhanced penalties for offenses aggravated by racial or religious hatred .
2.3 CRT Perspective
CRT posits that the legal distinction between free speech and hate speech often fails to protect marginalized communities adequately. The leniency towards certain forms of speech can perpetuate a cycle of harm against minorities, highlighting the need for a more nuanced approach that considers the historical and social context of racism .
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Protesting Rights and Public Disorder
3.1 Legal Rights to Protest
Under the Human Rights Act 1998, Article 11 of the ECHR guarantees the right to peaceful assembly and association. This right must be balanced against the need to maintain public order and safety .
#### 3.2 Public Disorder Legislation
- Public Order Act 1986: Defines offenses such as riot, violent disorder, and affray, providing a framework for prosecuting those who engage in violent protests .
- Anti-social Behaviour, Crime and Policing Act 2014: Grants authorities powers to disperse groups and prevent public disorder .
3.3 CRT Perspective
From a CRT viewpoint, the differential treatment of protests can be seen as an example of systemic bias. Peaceful protests by minority groups often face harsher policing compared to far-right protests, which may receive a more lenient response despite their violent nature. This disparity underscores the racial biases within the legal system .
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Impact on Criminal Law Protections
4.1 Challenges in Enforcement
The increase in far-right activities presents challenges in enforcing laws against hate crimes and public disorder. Police and judicial systems must navigate the fine line between protecting free speech and curbing incitements to violence .
4.2 Case Studies and Statistics
Recent statistics show a rise in hate crimes and racially or religiously aggravated offenses, correlating with the surge in far-right activities .
4.3 CRT Insight
CRT highlights how the legal system's failure to recognize certain cultural practices can marginalize minority communities, leaving them vulnerable to abuse. The intersection of race, religion, and gender plays a crucial role in how laws are applied and enforced, often to the detriment of minority women .
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Chapter 5: International Human Rights Law Implications
5.1 UK’s Obligations
Under international law, including treaties like the International Covenant on Civil and Political Rights (ICCPR), the UK is obliged to protect individuals from discrimination and violence based on race or religion .
5.2 Recent Criticisms
The UK's response to far-right violence has drawn criticism for inadequate protection of minority communities and failure to address the root causes of hate speech and racism .
5.3 CRT Analysis
CRT emphasizes the importance of intersectionality in understanding human rights violations. The interplay of race, religion, and immigration status creates unique vulnerabilities for minority communities. International human rights frameworks must be applied in ways that recognize and address these intersecting forms of discrimination .
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Concluding Remarks
The recent far-right anti-immigration protests and riots in England pose significant challenges to public order and the legal framework governing free speech, hate speech, and public protests. Integrating Critical Race Theory provides a deeper understanding of the systemic racism that underpins these events and the legal responses to them. Addressing these issues requires a multifaceted approach that includes both legal reforms and broader societal changes to promote equality and justice for all communities.
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Citations
The above essay utilised the following links, articles and _____ throughout, which have been listed below and hyperlinked to the original authors:
Human Rights Act 1998, c. 42. Retrieved from legislation.gov.uk
Public Order Act 1986, c. 64. Retrieved from legislation.gov.uk
Crime and Disorder Act 1998, c. 37. Retrieved from legislation.gov.uk
Delgado, Richard, and Jean Stefancic. "Critical Race Theory: An Introduction." NYU Press, 2017.
Crenshaw, Kimberlé, et al. "Critical Race Theory: The Key Writings That Formed the Movement." The New Press, 1995.
Public Order Act 1986, c. 64, Section 18. Retrieved from legislation.gov.uk
Crime and Disorder Act 1998, c. 37, Section 28. Retrieved from legislation.gov.uk
Human Rights Act 1998, c. 42, Schedule 1, Article 11. Retrieved from legislation.gov.uk
Public Order Act 1986, c. 64, Sections 1-3. Retrieved from legislation.gov.uk
Anti-social Behaviour, Crime and Policing Act 2014, c. 12. Retrieved from legislation.gov.uk
Office for National Statistics. (2023). Hate Crime, England and Wales. Retrieved from ONS
United Nations Human Rights Office of the High Commissioner. (2023). UK Human Rights Report. Retrieved from OHCHR
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