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These values we hold dear

Shami Chakrabarti

Published 16 October 2008

An exhibition on Britain's fight for civil liberties is a humbling reminder of how precious those rights are

Through the dark days of the misnamed "war on terror", with its assaults on the rule of law and its stifling of dissent, it has been easy to forget that we live in a country with a rich tradition of fairness and tolerance, of protest and struggle. The British Library's forthcoming exhibition "Taking Liberties: the Struggle for Britain's Freedoms and Rights" serves to remind us of our proud past and recount the story behind the liberties that we so often take for granted.

The exhibition contains a series of legal papers, manuscripts and other artefacts that have changed the course of history. These aren't just dusty old documents; all have been subject to fierce debate and many have stirred civil unrest. By exploring the history of each one, the display introduces a host of courageous people who have fought for our fundamental rights and freedoms in Britain over the centuries.

The narrative of this long battle is told ima ginatively and thematically, rather than in date order. The first section of the display, "Liberty and the Rule of Law", begins with Magna Carta, that iconic document which provides such enduring in spiration. It is a rather humbling experience to gaze upon this 800-year-old manuscript, which, as director of Liberty, I have invoked so many times.

Habeas corpus - which enshrines the right not to be detained without legal cause - is the golden thread that links the Human Rights Act of 1998 with Magna Carta. It has been battered, buffeted and bruised down the years. It is sobering to think that we are yet to learn our lesson about tampering with such a fundamental freedom: the government's plans to extend pre-charge detention for terrorism suspects to 42 days would have trampled this hard-won right, enshrined in both Magna Carta and the Habeas Corpus Act 1679, which also features in the exhibition.

"The great Charter . . . Magna Carta" is one of the earliest editions of the document printed in English. It is surprising to learn that it was produced in 1540 by a female printer. Elizabeth Pickering Redman took over her husband's London press after his death and proceeded to carry on printing often controversial, and therefore potentially dangerous, texts. Redman's determination and success in this man's world are astonishing.

A large amount of space is devoted to the role women have played in the fight for civil rights. In the "Right to Vote" area, the suffragettes enjoy pride of place. At the heart of this section are the prison diaries of Olive Wharry, who was imprisoned in Holloway - in the first instance after taking part in a window-smashing campaign organised by the direct-action Women's Social and Political Union.

Wharry was sentenced to imprisonment on numerous occasions. She was often on hunger strike, at one point going without food for 32 days, and her weight dropped to five and a half stone. Her diaries, which contain drawings, songs and newspaper clippings, are a moving record of her time in prison. In the present climate of low voter turnout and even lower political participation, the courage and suffering of Olive Wharry should serve to remind us how really precious is our right to vote. Those people who are reluctant to visit their local polling station on election day would be forgiven for blushing when they learn of her sacrifices.

As a nation, we have long believed that varied opinions, no matter how radical or ridiculous, should be aired without fear of criminal sanction. Naturally, some limitations are essential, but they should be truly necessary and proportionate. Sadly, our present leaders have once more found an excuse for significant inroads into this crucial freedom, this time in the war against terrorism. The "Freedom of Speech and Belief" section of the exhibition introduces us to some of the individuals who pushed beyond the boundaries of what was seen to be dangerous talk in their time.

John Almon, an 18th-century pamphleteer and printer, fearlessly published work that criticised the government of the day, despite facing the threat of imprisonment for doing so. He published works by both Thomas Paine and the political agitator John Wilkes, both of whom trusted him to print their texts without censor. He also struck a blow for parliamentary transparency. Almon strongly believed that his readers should be able to find out what took place in parliament, and although such reporting was illegal he began printing reports of parliamentary debates. By so doing, he opened the way for publications such as Hansard.

Sadly Almon was not without enemies. He was eventually found guilty of a libel that had been briefed to him by government agents. He fled to France but on his return in 1792 he spent a year in the King's Bench prison, a heavy price indeed. Modern spin doctors and political journalists might well take note.

In "Taking Liberties", the British Library has produced a treasure trove. The exhibition dem onstrates that our rights and freedoms are as precarious as they are precious, and need careful tending if they are to endure. At Liberty we can testify that these are dangerous times for fun damental rights. Assaults on the Human Rights Act, attempts to extend pre-charge detention limits, gross com placency about our personal privacy, restrictions on the right to protest and, most extraordinary, repeated attempts to undermine that one non-negotiable right - the right not to be subject to torture or inhumane and degrading treatment - are just some of the challenges that Liberty tries to meet every day.

This exhibition should serve to remind us never to be complacent about our freedoms, which were paid for with the blood and suffering of people such as Wharry and Almon. Thanks to them, we enjoy the privilege of living in the world's longest unbroken democracy. Will future generations speak so kindly of us?

"Taking Liberties: the Struggle for Britain's Freedoms and Rights" is at the British Library, 96 Euston Road, London NW1, from 31 October to 1 March 2009

Shami Chakrabarti will discuss civil liberties with Joan Bakewell at the British Library's conference centre on 31 October (starts 6.30pm). For more information about both events call 0870 444 1500 or log on to: www.bl.uk

Rights in writing

  • Magna Carta (1215) The first document of its kind (detail above) to be signed by an English monarch, it required King John to accept that his will was bound by law.
  • Charles I’s death warrant (1649) The king was found guilty of being a “tyrant, traitor and murderer; and a public and implacable enemy to the Commonwealth of England”.
  • Habeas Corpus Act (1679) “An act for the better securing the liberty of the subject”, this prevented detention without charge. It was later written into the United States constitution.
  • The Rights of Man (1791-92) Thomas Paine’s response to Edmund Burke declared that man’s rights originate in nature and must be recognised by governments.
  • Reform Act (1832) This aimed to “take effectual Measures for correcting diverse Abuses” in the electoral system. It increased the number of voters by between 50 and 80 per cent.
  • Good Friday Agreement (1998) The Northern Ireland peace deal proclaimed itself “a truly historic opportunity for a new beginning”.

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7 comments from readers

MC Unsquared
16 October 2008 at 21:51

Golly gosh, I really must stop taking my freedoms for granted. Silly me. Thank goodness Shami Chakranarti is there to remind me, or I might end up in prison or worse, a state if apathy. I wish I had the freedom to travel in taxis to the House of Lords where I could throw out legislation designed to protect me on tubes and buses.

sweety
17 October 2008 at 02:15

Shami Chakranarti

Go away you have turned concern about the welfare of some brave individuals in most of the oppressive UN. regimes into a laughing stock. There is so much good to do in Sri Lanka are you really bothered are even up to to the job?

Douglas Chalmers
17 October 2008 at 17:05

Typical fanciful nonsense of the legal fraternity, uhh. As a barrister, Shami Chakrabarti misleads us about the wonders of the "rule of law" which in itself is a contrived nonsense to subjugate and suppress human freedom by substituting mans' law for God's law. In ignoring Karma, do you even understand what I mean?

How else could he make such a blunderingly naive remark as "...a rich tradition of fairness and tolerance, of protest and struggle..." pertaining to the blood-stained history of Britain? Well, there certainly were centuries of "struggle" and the Irish plantations and the Highland clearances were not that long ago, really.

How different was that ever from the India of Buddha Gautama's day 2,500 years ago? Despite his enlightenment and being the son of a king, his life was threatened as he stomped about the country preaching and freeing the slaves of the local despots. In the end, they were glad to be rid of him for the sake of their precious status quo.

Thus we are reminded that those who follow the philosophy of legalism which is no more than an artifice of the imperialist state do not really have other peoples' liberties, rights or freedoms at heart as they are essentially not only unwitting slaves themselves but wretched pawns in the game of oppression by so-called authority.

Cassandra
17 October 2008 at 20:12

MC Unsquared:

Can I therefore assume that you are FOR giving all future governments the right to intercept all your email, letters & telephone calls, and then intern you without any trial or legal representation when they decree that you are an Enemy of the People (sorry, obviously I meant ‘a terrorist’)?

If you think that there is no danger of this, have a look at how the authorities in this country already abuse RIPA to spy on parents, and anti-Terror laws to seize Icelandic Banks' (are they terrorists?) assets.

Also, you ought to ask yourself why it is that *two* former directors of MI5 disagree with your opinion of such "anti-Terror" legislation.

Douglas Chalmers:

You mentioned "God's Law" - do you argue for the Catholic interpretation of that, and the concomitant public burning at the stake of protestants, or are you arguing for a Protestant interpretation of it, and its attendant burnings of Catholics? We have suffered *both* in these islands, and this is why we rejected the concept long ago.

Perhaps you you prefer the imposition of the Wahhabist interpretation of Islamic law?

Douglas Chalmers
19 October 2008 at 18:16

Cassandra, "God's Law" IS the law of Karma. There is nothing else. All other is mere babbling and human construct - excusing ouselves for our depraved thoughts and actions in ruling over each other, uhh.

But my starting point was about the legalists of whom Shami Chakrabarti is one. Theirs is both a fake religion as well as a false philosophy. The Chinese proved it conclusively 2,000 years ago by suffering the first totalitarian state and vehemently gave it up for Confucianism.

As with all religions/philosophies though, it is ever the people in them who either see things improve for everyone or turn it all once again into mayhem and chaos through their self-serving and manipulation. Is it really any different today? http://www.youtube.com/watch?v=6h3G-lMZxjo

MC Unsquared
27 October 2008 at 13:24

Cassandra? Jeremiah more like. I have noticed that Shami Chakrabarti rarely if ever refers to the human rights of novelists not to be threatened with fatwas or have their books banned. See also Angela Pinter and Luksi on other blogs - they both highlight the fact that Liberty assumes that the British State is a main enemy of human rights, while ignoring the textual threats to freedom of speech, and much more terrible abuses of the human body and its rights abroad. Liberty, Chakrabarti and all closed-minded people should be ashamed of their partisan prating.

gnuneo
21 November 2008 at 07:17

it is better to have the Rule of Law than the Whims of Dictators.

those who throw away civil liberties to "prevent domestic terrorism", tend to discover that 'domestic terrorism' only increases. Oddly, for some bizarre reason, oppression creates opposition, and the more tyrannical the oppression, the more dedicated will the opposition be.

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About the writer

Shami Chakrabarti

A Barrister by background, Shami Chakrabarti has been Director of Liberty (The National Council for Civil Liberties) since September 2003. She has been recently appointed a Governor of the London School of Economics and the British Film Institute and a Master of the Bench of the Honourable Society of the Middle Temple.

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