China Blues

The Obama administration seems to be spoiling for a fight with the Chinese. The chances are excellent that it would secure one. Since the commencement of the year, it has tweaked the tiger’s tail, not once or twice, but thrice and it may get more than it bargained for. A few months ago, Obama visited China, where he gushed about the importance of Sino-American relations and the one china policy.

Now he seems to be singing from a different hymn sheet. What must have caused this abrupt change of heart? Have the Republicans gotten to him? Bush, (43), made China baiting a sport by his persistent support and arming of Taiwan which Beijing considers to be a renegade province.

A few years into his Presidency, conflict was narrowly averted when an American Reconnaissance plane was intercepted in Chinese airspace and forced down.

I find the Republican U-turn on China quite perplexing. Were they not responsible for breaking the frosty relations with the Middle Kingdom? Henry Kissinger was the nexus between Washington and Beijing and is credited with Nixon’s visit to the reclusive state on Feb’1972.China became a bulwark against Russian expansionism and a bridge to the Western world.

Ronald Reagan realized the importance of China as a partner on the world stage and tried fervently to lobby it on matters of détente with Russia, nuclear proliferation and trade. On account of his charm and persuasion, the Chinese either abstained or voted with the Americans on most matters at the UNSC to the detriment of the Russians.

Bush, (41) maintained a middle course in his diplomacy with the Chinese. The mantra was that the Americans would not interfere in the “internal affairs” of a friendly nation. This was a tacit approval of the one china policy. Taiwan was a province of China, but China could not invade or occupy the renegade province.

To hammer home these sentiments, the American fifth fleet was stationed in the Pacific with the twin purpose of preventing and defeating a Chinese invasion of Taipei. If Taiwan was part of china, why defend it? Does this not contradict the American policy of a single china? Taiwan does not have a seat in the United Nations and has few or no embassies anywhere in the world, (apart from Liberia, the last time that I checked).

If the Chinese were to invade and occupy Taiwan, would the Americans risk an all out war with the Middle kingdom? War would be disastrous for all concerned. China may be defeated militarily, but the Americans will suffer economic ruin. China is the tail that wags the American dog. Wall Street and the Dow Jones are practically run from Hong Kong and Macau. When the Chinese panda sneezes, the Americans catch a cold.

Does the American policy on Taiwan not seem a tad like the don’t ask, don’t tell policy on gays in the American Military? If Taiwan was part of China, one would have presumed it right and proper for the Chinese to assert and take what belonged to them.

Turning a blind eye and pretending that the elephant does not exist in the room will boomerang on Washington and create more problems than solutions.

The White house has announced that the 44th President of the united states, Barack Obama would meet the Dalai Lama who is the spiritual and cultural head of the Tibetans.

Are the Americans also promoting secession of Lhasa from Beijing? I would have thought that the invasion and occupation of Tibet by China in 1951 was a fait accompli. Are the Americans hoping to reverse that?

Has the Dalai Lama not accepted the status quo? In recent comments and negotiations with the Chinese authorities, he has only sought autonomy over certain values of the Tibetan people. The argument that the Dalai Lama is a spiritual and cultural leader holds little water.

There are lots of chaps who fit the profile of the Lama who have not had the comfort of a meeting with the American President in the Oval Office. When the Patriarch of the Russian Orthodox Church and Reverend Moon of the Unification church of South Korea next visit America, will the White house be inviting them for cups of espresso coffee and doughnuts?.

The ambiguous One China policy must be explained in clear terms. If Taiwan is part of the Chinese mainland, then the American fifth fleet must be withdrawn from the Pacific and a proper and dignified apology tendered to the Mandarins in Beijing.

If not, then the Americans must prepare for war. Knowing the mindset of the Chinese, they will never relinquish what they believe rightly belongs to them.

Titus and Berenice

Shakespeare’s mature tragedy, Anthony and Cleopatra tells the story of a Royal couple who run afoul of societal acceptance and succumb to the hubris of passion. The Bard might as well have been writing of an event which occurred more than a hundred years later, (history has a way of repeating itself, not only in space, but in time).

Who can forget the celebrated dalliance between the Roman emperor, Titus and the Judean Queen, Berenice? It became a subject of torrid gossip within the Roman aristocracy until Vespasian was made aware of the notorious passion which his son and heir had for the Jewish siren.

Titus met Berenice for the first time during the Jewish rebellion of 66. She was the sister of King Agrippa 11, who was a lackey of Rome. The Herodians had allied their fortunes closely to the Roman Empire. When the wars of the Jews broke out, Berenice and her brother were forced to flee from Jerusalem to Galilee and threw themselves at the mercy of the Flavian clan.

Berenice avidly supported the Roman general, Vespasian in his quest for the Roman throne in A.D 68 after the death of Nero and the civil war that ensued. When Vespasian became Emperor, she accompanied Titus to Rome and lived in his palace as his promised wife, (Titus had not remarried since he put away Marcia Furnilla on account of the Pisonian conspiracy of 65).

When the Cynics heard of this, plays were staged in theatres condemning the liaison as a threat to the security of Rome. They could not abide by Berenice because they had not forgotten the lessons of the Cleopatra affair. She had bewitched Julius Caesar and caused a friction between Mark Anthony and Octavian.

Whenever mention is made of Berenice, I am reminded of the Racine play that goes by the same name. The following is a dialogue between Titus and Paulinus.

Titus-Alas! How great a love they ask me to forego.

Paulinus- That love is ardent, I confess.

Titus- A thousand times more ardent than you think, I’ve made my happiness depend on this-to see her, love her, please her every day.

The Exquisite Charlize

Call me a die hard Romantic, (maybe, I am), but when a relationship fails, I go gushy in the eyes. I first met the exquisite Charlize Theron in the blockbuster film, Devil’s Advocate where she costarred with Keanu Reeves. She played the role of the wife of a lawyer who sold his soul to the devil, (played by Al Pacino) for fame and fortune.

Since then, I have kept an eye on her affairs and goings on and I was delighted when she went to greater heights with her Oscar performance in Monster. It was with misgivings and utter regret that I took in her recent separation from her partner for more than nine years, Stuart Townsend. Why do Hollywood relationships go sour?

Only a few months ago, she had been declaring her undying love and affection for the Irish actor. Was she simply pulling the wool over our eyes or was it a ruse to throw us off balance? Hear her; “Stuart is my ray of hope, I wonder what I would have done without him”. Why, then have the rays been extinguished?

Has the curse of Hello Magazine taken its course again? The Dublin born Townsend who gave the South African born, Theron an antique commitment ring is said to be devastated by the split. She decided to dump him during a Christmas trip to Mexico.

When John Donne wrote in Devotions upon Emergent Occasions, (1623-1624) of the tolling of the bells, he was speaking of death. But would it not have been a magnificent idea, if it referred to jejune affairs like the matters of the heart?

This is not the first time that celebrities have bitten the bullet in matters of love.Rihanna left Brown. So did Tiger Wood’s wife who kicked out her cheating husband. Ronnie Wood is no longer canoodling with his Russian girlfriend.

The captain of the English football team, John Terry is set to lose his wife who has taken the kids and fled to Dubai. Why is it that celebrities choose to make war rather than love?

Bashir and ICC

Bashir of Sudan is making history for the wrong reasons. The president of the war wracked country is about to be indicted for the crime of genocide against the people of Darfur and the western regions. If the ICC as expected issues an international warrant of arrest against him, countries who are signatories to the Rome statute will be duty bound to hand him over.

The appeals division of the ICC overruled an earlier decision of the lower section of the court and held that a prima facie case of genocide had been established against the Sudanese leader and remitted the case back for reconsideration. The chief prosecutor has expressed his delight with the judgment and hopes a warrant of arrest will ensue.

The vexing question is this; how will the fiat of the ICC be enforced? It has no police force or standing army and has to rely on the goodwill of member states to enforce its jurisdiction. The Americans do not recognize the ICC and voted consistently against its creation.

When the bill on the ICC was signed into law by Bill Clinton, he neglected to send it to the American senate for ratification. In 2002, Bush (43) had informed the UN that America would not renew its obligations citing the same reasons raised in the UNSC which terminated the effect of Clinton’s signature and removed America from the ambit of jurisdiction of the court.

The Western powers are afraid that they may be subject to a form of Nuremberg trial, if they were to accede to the jurisdiction of the new court. These fears have been exemplified by the wars in Iraq and Afghanistan. The horrors of Abu Ghraib prison which saw the humiliation of Iraqis by American GIs have not helped matters.

Omar Bashir who has the support of the African Union has stated that he has done nothing wrong and the effect of the indictment may be to drive him to further extremism. He may solidify his rule knowing that to hand over voluntarily would be a sign of weakness and certain oblivion.

Liberian Politics

Politicians in Africa will never change or cease to amaze me. Look at the Liberian President, Ellen Johnson Sirleaf who was elected in November, 2005 on the promise that she would not seek a second term of office? Last week, she announced to a joint house of Congress that she would be seeking reelection.

One would have expected better from the American educated Liberian president. She was soundly beaten by George Weah in the first round, (she obtained just 15% of the votes).But managed to turn things round in the next wave of elections after much vote rigging and gerrymandering

Since becoming president of Liberia, she has alienated former supporters and even ordered the arrest of Weah and confiscated his diplomatic passport.Weah who was a footballer in Europe and had been named the footballer of the year on various occasions by FIFA had chosen to put country over other duties.

Ellen Johnson Sirleaf has been accused of corruption and high handedness and her announcement that she would be seeking reelection would not do much to heal the wounds in the bitterly divided country.

Liberia has just emerged from a civil war ignited by the much hated Charles Taylor who is facing trial in the war crimes tribunal at The Hague. At 71, Sirleaf is hardly a spring chicken. Would it not have been prudent to hand power over to younger blood? If she were to die suddenly on the job, would it not be a catastrophe for her party and Liberia?

Would her announcement not create chaos and ignite the possibility of another war? Even if she were to win a second term and see her mandate through, will it not set a bad example for other tin pot dictators to follow?.

America and Taiwan

A political row is brewing between Washington and Beijing over the decision of the Obama Administration to sell defensive weapons to Taipei .The modified version of the Patriot missile has the capacity to intercept incoming ballistic missiles fired from the Chinese Mainland.

The original deal, (consisting of minesweepers, Black Hawk helicopters and interceptors) is worth more than six billion pounds and was negotiated by Bush, (43) who had vowed to maintain the autonomy of Taiwan.

I have always been baffled by the schizoid personality of the Middle kingdom. If China had been a person rather than a juristic state, I have no doubt that it would have been a prime candidate for the shrink’s couch.

Look at the matter of Hong Kong and the days leading to the hand over of power in 1997 by the British governor, Chris Patten? The chap was so browbeaten by the bullying and aggressive tactics of the Communist bosses in Beijing; he left the formalities to his friend, HRH, Prince Charles of Wales.

Trying to understand the mindset of the Chinese is akin to deciphering the smile of the Mona Lisa. The more you look, the less you see.Labeling the Middle kingdom, a riddle of an enigma wrapped in a mystery, will be the understatement of the decade.

The Chinese have always felt humiliated by the West. Its history has been a catalogue of occupations and ultimatums. Who can forget the Opium wars of the 19th century which saw grotesque terms being imposed on the Dowager empress Cixi and the diminution of the royal court?.

When the Boxer rebellion broke out in 1900 in response to the occupation of the Mainland by foreign powers, the West had retaliated with executions, exiles and the Principality of China was broken up with Hong Kong and Macau been ceded to the British and Portuguese respectively.

China has the second largest economy in the world and is western in many aspects, yet it remains a prisoner to its past. How else can you explain its attitude towards Tibet and Taiwan and its hostility towards Japan over the Second World War, (an event which occurred more than fifty years ago)?

When Obama visited China, a few months ago and proclaimed his now famous “One China” policy, most analysts were relieved and not surprised. Were the Democrats not liberal in their dealings with the Chinese?

Whilst the Republicans believed in the application of the stick, the Democrats saw the wisdom of using the twin tactics of diplomacy and sweeteners to enemies and friends alike as a way of getting things done That is why the recent announcement will come as a surprise to many.

Relations had been strained to breaking point over the hacking by the Chinese into the Google e-mail accounts of their customers in the Middle kingdom. Google had threatened to withdraw its custom and the American Secretary of State, Hilary Clinton has described the whole situation as “unacceptable”.

Could the Obama Administration have delayed the procurement? Will it affect the balance of power in the Taiwan straits? China has warned that a unilateral declaration of independence (UDI) by the Taiwanese will lead to an outbreak of hostilities which will engulf the whole region.

A war will be a disaster for the Chinese. The American Fifth fleet is more than a match for the whole Chinese navy which is still ill equipped and undermanned despite the bellicose rhetoric coming from Beijing. China however holds some aces up its sleeves. It could undersell the American treasury bonds (worth more than three trillion dollars) in its possession causing a panic in Wall Street and the Dow Jones

It may choose to disrupt shipping in the Taiwanese straits and blockade Taipei. A more realistic option is diplomacy and censure. The Chinese Foreign Ministry has summoned the American Ambassador to Beijing to express anger and disapproval over the purchase.

The Chinese have also threatened to impose sanctions on companies who do business with Taiwan It could flex its muscles by frustrating American resolutions in the UNSC on Iran and North Korea. Negotiations and dialogue are the best way forward. A war would serve no body any good.

German Crossroads

Is it lawful or ethical to commit a misdemeanor for the good of the greater society at large? If so, where do the boundaries end? The German authorities are preparing to do exactly that. In a bid to curb tax evasions by German nationals living outside the country, Prosecutors have agreed to pay almost three million dollars to a HSBC staff working in Geneva, Switzerland for a stolen disc containing the names of tax dodgers.

The disc is rumored to include the names of at least 1,500 Germans who have accounts in Swiss banks and have failed to declare this to the appropriate authorities. Will this move be valid under the European convention on human rights?

Will it not constitute a breach of Article Eight of the convention which talks about the right to privacy and family life of the individual? Any information obtained from the discs will be illegal because it was obtained by the means of fraud and infringes the privacy of the individuals involved. Will a German court uphold a conviction from such fraud?

Even if there was such a conviction, will an appeal to Strasbourg not succeed on account of Article eight? The German chancellor, Angela Merkel has announced that the recent moves were necessary and would not damage relations with the Swiss authorities. More than 100 million dollars would be recovered by the taxman if the purloined data were to be purchased and accessed.

The German criminal code has a principle of compulsory prosecution, (Legalitatsprinzip) and tax defaulters who are exposed by the stolen data face the risk of stiff fines and jail if they refuse to make good on refunds. The absurdity of the German criminal jurisprudence is exposed by the fact that the prosecutor had a duty to prosecute even for the simple offences of loitering and shop lifting.

Liechtenstein which is a tax haven for the nouveau riche of Europe had a run in with the German authorities a few years back over the same issue and Germans who had not filled their tax forms truthfully were made to cough up on money owed. I wonder, what would happen, if the Swiss refuse to play ball and cooperate? Would diplomatic relations be affected?

Other European countries are leery of trampling on the rights of their citizens because they are aware of the fact that the European court of human rights would be bound to intervene. In the celebrated case of MALONE Vs COMMISSIONER OF POLICE (NO 2; 1979), the British courts had held that wire tapping was not an infringement of Art 8, because there was no infringement of privacy.

This ruling was reversed by the European courts and the British authorities were forced to pass a legislation to incorporate the ECHR judgment. Even if no appeals were made to Strasbourg, the end result might be that German citizens would be wary of depositing their hard earned pennies in Swiss banks. As the adage goes; “Once bitten, twice shy”.

Memoirs of a Grunge student in London

Oh! Those heady days of the nineties. How can I forget the giddy and exciting days of hard work and diligence that I suffered as a student in London? I had endured a bohemian existence, owning practically nothing, but a few items of clothing which consisted of a Doc Martens boots, a few pairs of Levi jeans and a waist coat which I had rescued from a flea bitten store, a road apiece from where I sojourned

I had acquired the coat for the purpose of keeping at bay the chilly weather of the British Isles. But then, was I not the lord of all creation? I flirted with the works of Voltaire, Camus and Sartre and consumed with excitement, Karl Marx’s Das Kapital, and briefly considered joining the Communist party of Great Britain.

I grew a beard and wore an ear ring. I was young and care free, but I was also blissfully happy for the first time in my miserable life. I had a girlfriend and she was Vivien Leigh and Simone Beauvoir, all rolled in one. She was also a connoisseur on food and Quentin Tarantino.

Her mission in life was to sample every delicacy in all the restaurants in Maida Vale and Chinatown and she knew every film that Tarantino had directed. She was fond of the hit film, Pulp Fiction and her favorite scene was when the Tim Roth and Amanda Plummer characters rob a delicatessen and are confronted by Samuel L.Jackson and John Travolta.

She could practically reel out the dialogue that ensued and she was prone to lecturing me on the philosophy and nuances which ran through the drama.

As a student, I obtained a copy of Time Out Magazine, on a weekly basis from the newsstands which dotted the Underground stations in London. The magazine was a sort of vade mecum or Bible for every juvenile or student in the capital. It contained important information on theatres, cinemas, restaurants and hip stores. More importantly, it was also free.

She would scour the section on restaurants and like a marauding general, pick out those which had missed or escaped her attention. She did not subscribe to the dictum of looking a gift horse in the mouth and she was not one to miss an opportunity when it presented itself.

Once, she took me to a Chinese restaurant (one of those where you could eat as much as you liked for €2.99p) and then stuffed herself with more than eight helpings of the items on the menu. The proprietors were so incensed with her gluttony, that they devised a method of stopping her from consuming them out of business.

A cat and mouse game ensued. A lackey was stationed at the nearest underground station to the restaurant who would alert them by mobile phone of her imminent arrival. The shop would be hurriedly closed for cleaning and renovations, only to be reopened after she had gone.

She cottoned on to the stratagem and changed her mode of arrival, using a bus rather than the tube. Spies were placed on each bus coming from her direction. After a time, she lost interest and sought new targets.

Ah! That girl was a Mata Hari on food. She could eat you out of business when she chose to and I have lost count of the restaurants that had closed their doors to her custom.

As a student, I was accustomed to emergency rations of fish and chips which I purchased from local shops for 99p or when things were rosy for me, I visited an Indian tandoori for a chicken take away laced with curry or kebab which I consumed in my bed-sit.

I guess that I never met England at its best. The culinary tastes of the little islanders seem to have been whetted and overtaken by everything sushi. I am told that Sushi bars and restaurants are extremely popular, although, I can not understand for the like of me, why any one would wish to consume uncooked fish, snails and cold vegetables and then wash it down with a bowl of sake.

I have a sneaking suspicion that the Litvinenko affair has dampened the appetite of many chaps and put them off from sampling the delights of Japanese delicacies.Who knows? You might set out for a pleasant evening of good food and wine and end up in hospital with a bad case, not of gripes, but of Polonium 210.

I have nothing against Chinese and Japanese cuisine, but whenever I set foot in an Oriental restaurant, I am consumed with the morbid fear and suspicion that dog or cat meat might be on the menu. I can not decipher, why the Chinese choose to devour man’s best friend. Is it not akin to a form of cannibalism?

I visited a French restaurant once. But I guess that frog legs do not suit my gastronomical tastes. I threw up after the meal and since then, I have kept away from everything froggish.I once consumed a slab of Haggis and found it to be quite good. Was that why Robert Burns wrote a poem to its glory?

Prince Charles of Wales is a fervent supporter of the meal, although most Americans have a disdain for the Scottish sausage and banned the importation of Haggis at the height of the foot and mouth disease in England.

I once sampled Beluga and I found the taste foreign and exotic. Caviar is not a dish to be taken lightly. No wonder, whales are much sought after by Japanese and Russian trawlers. The fins are rumored to be medicinal and are remedies for the common cold and fever.

In Jan 2006, the UN convention on International trade in endangered species of wild fauna and flora (CITES) temporarily banned exports of caviar by major exporters such as Azerbaijan, Karzakhstan and Russia. But this has not stopped the poaching and slaughter of whales and sharks.

My taste in music as a student bordered on the rebellious. I was a fan of Oasis when the Scottish chaps were unfashionable.Springstein was still the boss and U2’s ‘Rattle and Hum’ album was the rave of the dance scene in England and America.

Amy Winehouse was an unknown, so was lady Gaga .Punk music was exemplified by the group, Pulp who became a runaway success. Hendrix had been dead for more than 20 years. Rock and Roll was obsolete, Grunge music was in.

Ramblings from Haiti

Is the Republic of Haiti an accursed nation? Is it a damnation unto God and nature? I remember listening to the news coverage of the earthquake on the BBC and thinking aloud to myself; “Is this how the world will end,is this Apocalypse unraveling”? Fellows who are conversant with the works of the eminent writer, Stephen King and have read his masterpiece, The Stand will know what I am talking about.

When Pat Robertson of the 700 club was interviewed on CNN news, he said something that I found fascinating and morbid in turn. He accused the Haitians of practicing voodoo and of making a pact with the devil. The earthquake was a punishment from God. He was roundly criticized for his comments, but is it not possible that the fellow had a point?

According to legend, the beleaguered Haitians led by their brave general, Jean Jacques Dessalines in 1803 had sought askance from Beelzebub to expel French forces sent by Napoleon to reclaim the island and reintroduce slavery. The former Governor-General, Toussaint Louverture who had been a brilliant soldier and had succeeded in expelling the British from Hispaniola had been tricked onto a ship and taken back to France where he died in prison.

Satan had agreed to give his support on the condition that human sacrifices were to be offered to him on a constant basis (hence the rituals of human sacrifices which persisted in Haiti until the late 20th century).

There are big holes in Robertson’s argument and I find his belief in the evidence of God, a priori, rather than empirical. If God did not exist, would there be a need for the devil? Both compliment each other, like the opposites of cause and effect and light and darkness.

Are there not certain syllogisms which are true? Consider this one. All philosophers are men, Socrates is a philosopher, and therefore Socrates is a man. Correct on all counts. But this assertion begins to unravel at the seams from the outset. If all philosophers are not men, is it possible that Socrates might not be a man?

Consider a better dissertation. Alexander, the Great was the Lord of Persia. All men are kings; therefore Alexander, the Great is a man. Two of these assertions are right, but the third flounders for a lack of reason. Alexander the Great might have been the conqueror of Persia and a man, but does it make all men kings?

Or the analysis that the earth is round, so is an Orange. Does that make an Orange equivalent to the earth? If there was no God, how could the Haitians have made a pact with the devil?

Consequently, the earthquake could not have been a punishment from God. It is not in doubt that an earthquake occurred in Haiti, (more than 150,000 people have been buried in mass graves and the number is rising).

But could a more cogent explanation be that the earthquake was caused by natural events and not a force majeure? Haiti is prone to earth tremors because it is situated on a fault line which sets off seismic eruptions. Did an earthquake not occur in 1942 which cost many lives and much destruction of property in Port au Prince?

What about the Tsunami which created much destruction in Indonesia, Bangladesh and India? Was it also a punishment from God? The last time, that I checked, these nations had the most fervent worshipers of God on earth.

Assuming for the sake of argument that God really existed, why would he choose to destroy a whole nation for the sins of a few? Are the crimes of Haiti as monumental as those of Sodom and Gomorrah? Does the Bible not speak of a loving God who is slow to anger and quick to forgive?

This is not the first time that Robertson has made such controversial statements. He once declaimed interracial dating, calling it “unacceptable” and had described the Gulf war as a war against Islam and fanaticism. In 2005, he called for the United States to assassinate Hugo Chavez because he was a dictator and a supporter of communism.

He raised a ruckus when he wrote in a fundraising letter that the feminist movement encouraged women to leave their husbands, kill their children and become lesbians.
Robertson who is a conservative, belongs to the right wing element of the Republican Party and once ran for the white house, (his role model is Ronald Reagan).

On a slightly different note on Haiti, the president of Senegal, Wade Abdoulaye has Promised Land and money to refugees from the stricken Island. He has asked them to come back to their ancestral home of Africa and is willing to grant citizenship to those who would take him up on the offer.

Whilst others are willing to help, the Americans are shutting their doors on the refugees from Haiti and have warned that new arrivals will be sent back to the doomed island. Is the policy not a tad too harsh? Will that not be tantamount to sending them back to certain death and starvation? When the Greek Philosopher, Diogenes described himself as a citizen of the world, was he speaking out of turn?

When the Americans were overwhelmed by the events of 9/11 and Hurricane Katrina which devastated New York and New Orleans respectively, were other nations not quick to offer help and donations?. Were the Americans left to their own devices? The world is a global village and each man has become a keeper and brother to the other.

I hope the Homeland Department would reconsider and allow Haitians to settle in America on compassionate grounds. This move could be temporary and when the mess in Haiti is sorted out, the refugees could be sent back to rebuild their country.

Sarko Madness

The witch hunt of Muslims continues apace even as I pen this little piece. First the Swiss, now the French. Has the whole of Europe gone bonkers? The French National Assembly proposes a new legislation which will make the wearing of burkas in public places a criminal offence punishable with a fine of 750 euros.Cope, President of Sarkozy’s ruling UMP party said that the legislation is intended to promote the ‘dignity’ and ‘security’ of women.

If a woman chooses to wear the veil or Niqab, is it not a matter best left to her? How does banning the burka help in protecting the dignity and security of a Muslim woman? Would the new law not be an infringement of the provisions of the European convention on human rights to which France is a signatory?

Article Nine of the convention provides as follows; “everyone has a right to freedom of thought, conscience and religion. This includes the freedom to change a religion or belief and to manifest a religion or belief in worship, teaching, practice and observance”. Would the ban not be a breach of the right to manifest the religion of Islam? Would the garbs of Orthodox Jews and the crucifixes of Christians also be affected?

The French President, Sarkozy who is supposed to be neutral on matters of religion has described the burka as “a sign of subservience that imprison women”. Immigration Minister, Eric Besson calls the burka “an affront to national identity”. Cope has vowed to ban the offending piece of clothing from all public places and buildings, streets of France, home to five million Muslims.

Will the new legislation not lead to a wave of Islam phobia? .Innocent women going about their business face the possibilities of attack and harassment at the hands of zealots and right wing fanatics (like the incident in Germany where an Egyptian woman was stabbed to death for wearing a burka).

Article Nine of the European convention on human rights seems to be filled with lacunae. When it uses the term “in accordance with the law”, is it referring to the laws of the contracting state or the laws that ought to be enacted by a reasonable state? What margin of appreciation ought to be allowed to each state?

Assuming the French National Assembly were to enact a law prohibiting the Burka and Niqab,making it punishable with a fine of 750 euros and birching of not less than twenty strokes of the cane, will the European courts interpret the legislation to be in accordance with the French law and necessary in the democratic state of France?.

Is birching not a violation of Art 3 of the European convention on human rights? (Of which no derogation is permitted). Does it not constitute inhuman and degrading treatment? The French will be on slippery grounds enacting such a law knowing that a challenge in the European courts will be inevitable.

It would have been preferable to have an Ombudsman with the fiat to act as an arbiter between Paris and Strasbourg. Better still, a Human Rights Act could be enacted to act as a filter of laws (like the British Human Rights Act of 1998).The Act would give domestic courts the power to declare as incompatible to the European convention ,Acts of the French National Assembly and decisions of tribunals.

France has always had good relations with the Muslim minority living in its midst. The streets of Marseilles, Toulouse and Toulon are bursting with immigrants from the Maghreb countries of Algeria and Morrocco.How will they feel about the new legislation? Will it not disrupt race relations?