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Abstract
Concerns have been raised that counter-terrorism laws and policies are increasingly alienating Muslims, especially young people and students, and that counter-terrorism measures may themselves feed and sustain terrorism. This paper relies on extracts from a report on this issue commissioned by the Equality and Human Rights Commission to develop and deepen understanding of the impact of counter-terrorism legislation and policies in general, and on Muslim communities in particular. Building on existing studies, this report contributes to the research and wider public discussion of this matter through an examination of the experiences of counter-terrorism legislation and policies on Muslim communities in four local areas across Britain and interviews with practitioners and officials at a national and local level. The areas focused on relate in particular to various uses of technology to further counter-terror strategies and the reaction to them of those interviewed.
Acknowledgements
The authors would like to thank the Equality and Human Rights Commission for funding the study presented in this report and, in particular, Mary Cunneen, Liz Speed and John Wadham for their encouragement and support throughout the project. Thanks also to Eric Metcalfe and Dr Basia Spalek for their comments on an earlier draft of this report. We would also like to express our gratitude to all the individuals who helped organise the focus groups and those who were willing to share their time and experiences through participating in the focus groups and interviews. This report would not have been possible without their generosity and support. Thanks finally, to staff at Durham University, in particular to Christopher Minchella, Julie Platten and Lorraine Parkin.
Notes
Published by Equality and Human Rights Commission, Research report 72, first published Spring 2011, ISBN 978 1 84206 383 5. This article includes selected, edited extracts from the Report.
A. Silke, ‘Fire of Iolaus’, in The Root Causes of Terrorism: Myths, Reality and Ways Forward, ed. T. Bjørg (New York: Routledge, 2005), 242–248.
Q. Wiktorowicz, Radical Islam Rising: Muslim Extremism in the West (Maryland: Rowman and Littlefield, 2005).
C. Campbell and I. Connolly, ‘A Model for the “War Against Terrorism”? Military Intervention in Northern Ireland and the 1970 Falls Curfew’, Journal of Law and Society 33, no. 3 (2008): 341.
P. Hillyard, Suspect Community: People's Experiences of the Prevention of Terrorism Acts in Britain (London: Pluto Press, 1993).
P. Hillyard, ‘The “War on Terror”: Lessons from Ireland’, in European Civil Liberties Network, Essays for Civil Liberties and Democracy in Europe, 2005. Available at: http://www.ecln.org/essays/essay-1.pdf
K. McEvoy, Paramilitary Imprisonment in Northern Ireland (Oxford: Oxford University Press, 2001).
J. Slucka, Hearts and Minds, Water and Fish: Support for the IRA and INLA in a Northern Ireland Ghetto (Connecticut: JAI Press, 1989).
House of Commons Hansard, 11 June 2008, col 398.
DSTL, What Perceptions Do the UK Population have Concerning the Impact of Counter-terrorism Legislation Implemented since 2000? Occasional Paper 88 (London: Home Office, 2010).
H.C. Nickels, L. Thomas, M.J. Hickman and S. Silvestri, A Comparative Study of the Representations of ‘Suspect’ Communities in Multi-Ethnic Britain and of their Impact on Irish Communities and Muslim Communities – Mapping Newspaper Content. Working Paper 13 (London: Institute for the Study of European Transformations, 2008).
G. Peirce, ‘Was it like this for the Irish?’, London Review of Books 30, no. 7 (2008): 3–8.
M. McGovern, Countering Terror or Counter Productive? Comparing Irish and British Muslim Experiences of Counter-Insurgency Law and Policy (Ormskirk: Edge Hill University 2010). Available at: http://www.edgehill.ac.uk/documents/news/CounteringTerror.pdf.
C. Pantazis and S. Pemberton, ‘From the “Old” to the “New” Suspect Communities: Examining the Impact of Recent UK Counter-terrorist Legislation’, British Journal of Criminology 49 (2009): 646–666.
S. Greer, ‘Anti-Terrorist Laws and the United Kingdom's “Suspect Muslim Community”: A reply to Pantazis and Pemberton’, British Journal of Criminology 50 (2010): 1171–1190.
R. Lambert, ‘Salafi and Islamist Londoners: Stigmatised minority faith communities countering al-Qaida’, Crime Law Social Change 50 (2008): 73–89.
G. Mythen, S. Walklate and F. Khan ‘“I'm a Muslim, But I'm Not a Terrorist”: Victimization, Risky Identities and the Performance of Safety’. British Journal of Criminology 49, no. 6 (2009), 736–754.
A. Kundnani, Spooked: How Not to Prevent Violent Extremism (London: Institute of Race Relations, 2009).
M. Innes, C. Roberts, H. Innes, T. Lowe and S. Lakhani, Assessing the Effects of Prevent Policing: A Report to the Association of Chief Police Officers (Cardiff: Universities' Police Studies Institute, 2011).
V. Brittain, ‘Besieged in Britain’, Race and Class 50 (2008): 1–29.
M. de Goede, ‘Hawala discourses and the War on Terrorist Finance’, Environment and Planning D: Society and Space 21 (2003): 513–532.
L. Amoore and M. de Goede ‘Governance, Risk and Dataveillance in the War on Terror’, Crime, Law & Social Change 43 (2005): 149.
J. McCulloch and S. Pickering, ‘Suppressing the Financing of Terrorism: Proliferating State Crime, Eroding Censure and Extending Neo-Colonialism’, British Journal of Criminology 45, no. 4 (2005): 470.
N. Quigley and B. Pratten, Security and Civil Society: The Impact of Counterterrorism Measures on Civil Society Organisations (London: National Council for Voluntary Organisations, 2007).
See Note 1.
The Home Office uses a five-point scale for identifying the threat level: (1) low, an attack is unlikely; (2) moderate, an attack is possible but not likely; (3) substantial, an attack is a strong possibility; (4) severe, an attack is highly likely, and (5) critical, an attack is expected imminently, http://www.homeoffice.gov.uk/counter-terrorism/current-threat-level/.
Jonathan Evans' speech to the Worshipful company of security professionals, 17 September 2010 http://www.telegraph.co.uk/news/uknews/terrorism-in-theuk/8008252/Jonathan-Evans-terrorism-speech.html.
MI5 tracking 30 UK Terror plots, http://news.bbc.co.uk/1/hi/uk/6134516.stm.
P. Wintour and A. Travis ‘Brown sets out sweeping but risky terror and security reforms’, The Guardian, 26 July 2007. Available at: http://www.guardian.co.uk/politics/2007/jul/26/uk.humanrights1
HM Government, ‘Review of Counter-Terrorism and Security Powers: Review Findings and Recommendations’. Cm 8004 (London: The Stationery Office, 2011).
Home Office, Operation of Police Powers under the Terrorism Act 2000 and Subsequent Legislation: Arrests, Outcomes and Stops & Searches, Great Britain 2009/10 (London: Home Office, 2010), 40.
See: http://api.ning.com/files/D55WrS2s9*TiQtcySwOGuwGy5fi*qwcs5X-2PJrTOra591OlIUrUfV90AiXu9TLw1RNRe7rM0*iz5beSRiQTsokt0oBE*kXT/YougovsurveyMuslimsonIslamicterrorism.pdf and http://www.marketresearchworld.net/index.php?option=com_content&task=view&id=156&Itemid=48.
These include the: Anti-Terrorism, Crime and Security Act 2001; Criminal Justice Act 2003; Prevention of Terrorism Act 2005; Terrorism Act 2006; the Counter-Terrorism Act 2008, Terrorist Asset-Freezing (Temporary Provision) Act 2010 and Terrorist Asset-Freezing etc. Act 2010 plus the Civil Contingencies Act 2004.
Terrorism Act 2000 s1(2).
Terrorism Act 2000 s1(1).
C. Walker, Blackstone's Guide to Anti-Terrorism Legislation (Oxford: Oxford University Press, 2002).
HM Government, ‘Countering International Terrorism: The United Kingdom's Strategy. Cm 6888’ (London: The Stationery Office, 2006).
B. Spalek, ‘Muslims and the Criminal Justice System’ in Open Society Institute, Muslims in the UK: Policies for Engaged Citizens (Budapest: Open Society Institute, 2005).
H. Green, H. Connelly and C. Farmer, ‘2003 Home Office Citizenship Survey: People, Families and Communities. Home Office Research Study 289’ (London: Home Office, 2004), 98.
N. Ahmed, F. Bodi, R. Kazim and M. Shadjareh, The Oldham Riots: Discrimination, Deprivation and Communal Tension in the United Kingdom (London: Islamic Human Rights Commission, 2001).
M. Innes, L. Abbott, T. Lowe and C. Roberts, Hearts and Minds and Eyes and Ears: Reducing Radicalisation Risks Through Reassurance Oriented Policing (Cardiff: Universities' Police Science Institutes, 2007), 29.
R. Briggs, C. Fieschi and H. Lownsbrough, Bringing it Home: Community Based Approaches to Counter-Terrorism (London: Demos, 2006), 88.
HM Government, ‘Preventing Violent Extremism: A Strategy for Delivery’ (2008). Available at: http://www.dcsf.gov.uk/violentextremism/preventstrategy/index.shtml, p. 22.
N. Bettison, ‘Preventing Violent Extremism: A Police Response’, Policing 3, no. 2 (2009): 129–138.
M. Innes, ‘Policing Uncertainty: Countering Terror Through Community Intelligence and Democratic Policing’, Annals of APSS 605 (May) (2006): 1–20.
J. Klausen, ‘British Counter-Terrorism After 7/7: Adapting Community Policing to the Fight Against Domestic Terrorism’, Journal of Ethnic and Migration Studies, 35, no. 3 (2009): 403–420.
A. Huq, T. Tyler and S. Schulhofer, ‘Mechanisms for Eliciting Co-Operation in Counter-terrorism Policing’, Public Law and Legal Theory Research Paper Series Paper No. 340 (The Law School, University of Chicago, 2011). Available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1757266#
B. Spalek, S. El Awa and L.Z. McDonald, Police-Muslim Engagement and Partnerships for the Purposes of Counter-Terrorism: An Examination (Birmingham: University of Birmingham, 2009).
B. Spalek, ‘Community Policing, Trust and Muslim Communities in Relation to “New Terrorism”’, Politics & Policy 38, no. 4 (2010): 789–815.
Cabinet Office, ‘The National Security Strategy of the United Kingdom’ (London: Cabinet Office, 2008), 56–57.
Department for Transport, ‘Interim Code of Practice for the Acceptable Use of Advanced Imaging Technology (Body Scanners) in an Aviation Security Environment’ (London: Department for Transport, 2010).
W. Pavia, ‘Muslim Woman Refuses Body Scan at Airport’. The Times, 3 March 2010. Available at: http://www.timesonline.co.uk/tol/news/uk/article7048576.ece
Home Office, ‘Examining Officers under the Terrorism Act 2000: Code of Practice’ (London: The Stationery Office, 2009).
Lord Carlile of Berriew, ‘Report on the Operation in 2009 of the Terrorism Act 2000 and of Part 1 of the Terrorism Act 2006’ (London: The Stationery Office, 2010), 37.
Federation of Islamic Student Societies (FOSIS), The Federation of Student Islamic Societies' Policy Document on: Schedule 7 (Port and Borders Control) of the UK's Terrorism Act 2000 (London: FOSIS, 2010).
B. Bowling and C. Phillips, ‘Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and Search’, Modern Law Review 70, no. 6 (2007): 936–961.
Equality and Human Rights Commission, ‘Stop and Think: A Critical Review of the Use of Stop and Search Powers in England and Wales’ (London: EHRC, 2010).
Home Office, ‘Operation of Police Powers under the Terrorism Act 2000 and Subsequent Legislation – Arrest, Outcomes and Stops & Searches, Great Britain. Quarterly update to September 2010, Statistical News Release 24 February, 2011’. Available at: http://rds.homeoffice.gov.uk/rds/pdfs11/hosb0411snr.pdf.
House of Commons Library, ‘Protection of Freedoms Bill. Bill 146 of 2010-11’. Research Paper 11/20 (London: House of Commons, 2011).
Gillan and Quinton v. The United Kingdom, Application no. 4158/05, Judgment of 12 January 2010.
‘Legal Fight over Spy Cameras in Muslim Suburbs’, The Guardian, 11 June 2010, http://www.guardian.co.uk/uk/2010/jun/11/project-champion-numberplate-recognitionbirmingham.
‘Police Apologise for Birmingham Spy Camera Outrage’ The Birmingham Mail, 5 July 2010, http://www.birminghammail.net/news/birmingham-news/2010/07/05/police-apologisefor-spy-camera-outrage-97319-26787014/.
S. Thornton, Project Campion Review (Thames Valley Police, 2010), 48, 49.
T.R. Tyler, Why People Obey the Law (Princeton: Princeton University Press, 2006).
Newham Monitoring Project, ‘Aftermath of the Anti-Terrorism Police Raids in Forest Gate on 2 June 2006: Submission of the Newham Monitoring Project to the Metropolitan Police Authority, 2006’. Available at: http://www.statewatch.org/news/2007/mar/uk-forest-gate-raids-nmp-report.pdf.