Gay Free Zone conviction is disturbing

Why did a few anti-gay stickers in East London provoke an outcry by gay groups, while far worse homo

The negligible media coverage of Mohammed Hasnath's conviction is rather surprising. His case has since prompted explosive claims of judicial
homophobia, the criminalisation of free speech and the failure of the lesbian, gay, bisexual and transgender (LGBT) communities to challenge Islamist homophobia.

Hasnath, aged 18, was found guilty of posting homophobic stickers in London's East End. The stickers declared the area a "Gay Free Zone" and
advised: "Arise and warn...And fear Allah: Verily Allah is severe in punishment."

These stickers were wrong and clearly motivated by homophobic prejudice. Such prejudice - indeed all prejudice - needs to be challenged.

Disturbingly, it appears that Hasnath has fundamentalist sympathies. On his Facebook page he lists Sheikh Khalid Yasin as one of his interests:

Yasin is on record as abusing "homosexuals" and saying they should be put to death.

There are, however, several troubling aspects to Hasnath's conviction.

He was fined a mere £100. If the stickers had declared East London a Jewish, black, Catholic or Muslim free zone Hasnath would have been almost certainl convicted of a racially or religiously aggravated hate crime and jailed. Why the leniency? Why the double standards? It looks like judicial homophobia.

Hasnath is an easy, convenient scapegoat. He was a lowly foot soldier. There is no evidence that he organised the Gay Free Zone campaign. The slow, secretive police investigation did not inspire confidence. Officers failed to apprehend the master-minds who produced the stickers and then distributed them to people like Hasnath. They've got away with it.

Hasnath was convicted using a discredited, authoritarian law, Section 5 of the Public Order Act 1986, which has been used repeatedly to suppress
peaceful, legitimate protests by human rights defenders, including LGBT campaigners.

This is what happened to members of OutRage! when six of us protested against 6,000 members the Islamist group, Hizb ut Tahrir, outside their mass rally at Wembley Arena in 1994.

They called for the killing of gays, apostates, Jews and unchaste women. They were not arrested but we were. Our crime? Displaying placards that
condemned Hizb ut Tahrir's incitement to murder. Although our placards did nothing more than factually expose the fundamentalist's violent homophobic agenda, it was deemed that they were distressing and offensive.

Section 5 is draconian and sweeping. It prohibits behaviour likely to cause "harassment, alarm or distress". Yes, even causing mere distress to
faint-hearts is now a crime.

This law can be abused to criminalise almost any words or actions. Campaigns against religious homophobia, like the OutRage! protest at Wembley, have many times resulted in LGBT activists being arrested under Section 5 for causing distress to homophobes and their religious supporters. We should not be rejoicing that the court used against Hasnath a harsh law that has so often been used unjustly against us. There is other, more credible, legislation that could have been used to bring him to justice.

The court's ruling in the Hasnath case broadens the criminalising nature of Section 5. Well meaning District Judge Jeremy Coleman said: "I think you used these stickers deliberately to offend and distress people, you certainly succeeded in doing that....You have upset people and they deserve an apology, you are not entitled to behave in this way."

The judge suggested that not only is causing distress a crime, but so is offending people and making them upset. Causing upset is, in my view, a much too low threshold for criminalisation. After all, almost anything that anyone says or does has the potential to cause someone upset, including
teaching evolution, advocating abortion and suggesting that religion is a form of superstition.

Under Judge Coleman's particularly wide interpretation and application of Section 5, most of the population are criminals. If we accept that causing
upset should be illegal, as he implied at the Hasnath hearing, we risk closing down free and open debate and criminalising all manner of dissentingopinions and alternative lifestyles that some people might find upsetting.

Freedom of expression is one of the most important of all human rights. It should be only restricted in extreme and very limited circumstances. The
open exchange of ideas - including unpalatable ideas - is a hallmark of a free and democratic society. There is no right to be not distressed, upset
or offended. Some of the most profound ideas in history - such as those of Galileo Galilei and Charles Darwin - caused great distress and offence in
their time. While bigoted opinions should always be challenged, in most instances only explicit incitements to violence and damaging libels (such as false allegations of tax fraud or child abuse) should be criminalised.

Moreover, why did the Hasnath stickers provoke howls of rage from the LGBT community, when far worse homophobia in the same area of East London stirred hardly a murmur of protest? I don't recall any campaigns by LGBT groups or anti-fascist organisations in response to the wave of horrific queer-bashing attacks in the East End. Surely this actual physical violence - which left at least one gay man permanently disabled - is much more deserving of protests than a few stickers? Where is the LGBT outcry over homophobic assaults?

Nor can I remember any protests when the East London Mosque / London Muslim Centre hosted a series of virulently homophobic speakers, including Uthman Lateef and Abdul Karim Hattim. The latter gave lecturers in which he invited young Muslims to "Spot the Fag." Watch here.

The East London Mosque / London Muslim Centre helped create the atmosphere of hatred that has poisoned the minds of many Muslim youths, probably including Hasnath who worshipped there. They have never apologised for hosting homophobic hate preachers and have never given any assurances that they will not host them again in the future. Apart from OutRage!, no LGBT groups have publicly demanded that they do so. Why the silence from LGBT organisations that are supposedly dedicated to fighting homophobia?

Equally, there were no protests when Abdul Muhid openly incited the murder of gay people in East London and when the Crown Prosecution Service refused to bring him to trial. In my opinion, encouraging murder is many times more serious and dangerous than calling for a Gay Free Zone. Again, no protests by LGBT groups.

When OutRage! stood alone in challenging Muhid and the East London Mosque /London Muslim Centre we were denounced by some people as racists andIslamophobes. This is nonsense. We never attacked anyone because of their race or religion. We condemned their homophobia, in the same way that wecondemn the homophobic bigotry of fundamentalists of all faiths.

Many LGBT campaigners are now terrified of similar false, malicious allegations of racism or Islamophobia. To avoid such smears, they shy away
from robust responses to homophobia when it comes from religious and racial minorities. This inaction is de facto collusion with homophobia.

For information about Peter Tatchell's human rights campaigns and to make a donation: www.petertatchell.net

Peter Tatchell is Director of the Peter Tatchell Foundation, which campaigns for human rights the UK and worldwide: www.PeterTatchellFoundation.org His personal biography can be viewed here: www.petertatchell.net/biography.htm

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As long as Jeremy Corbyn's Labour opponents are divided, he will rule

The leader's foes have yet to agree on when and how a challenge should take place.

Labour MPs began plotting to remove Jeremy Corbyn as leader before he even held the position. They have not stopped since. From the outset, most regarded him as electorally and morally defective. Nothing has caused them to relinquish this view.

A week before the first major elections of this parliament, Labour found itself conducting a debate normally confined to far-right internet forums: was Hitler a Zionist? For some MPs, the distress lay in how unsurprised they were by all this. Since Corbyn’s election last September, the party has become a mainstream venue for hitherto fringe discussions.

Many MPs believe that Labour will be incapable of rebuilding its standing among the Jewish community as long as Corbyn remains leader. In the 1930s, Jewish support for the party was as high as 80 per cent. “They handed you your . . . membership just after your circumcision,” quipped the father in the 1976 television play Bar Mitzvah Boy. By the time of the last general election, a poll found that support had fallen to a mere 22 per cent. It now stands at just 8.5 per cent.

Corbyn’s critics cite his typical rejection of anti-Semitism and "all forms of racism" (as if unable to condemn the former in isolation), his defence of a tweet sent by his brother, Piers (“Zionists can’t cope with anyone supporting rights for Palestine”), and his description of Hamas and Hezbollah as “friends”. The Lab­our leader dismissed the latter remark as a diplomatic nicety but such courtesy was not displayed when he addressed Labour Friends of Israel and failed to mention the country’s name. When challenged on his record of combating anti-Semitism, Corbyn frequently invokes his parents’ presence at the Battle of Cable Street, a reference that does not provide the reassurance intended. The Jewish community does not doubt that Labour has stood with it in the past. It questions whether it is prepared to stand with it in the present.

MPs say that Labour’s inept response to anti-Semitism has strengthened the moral case for challenging Corbyn. One shadow cabinet minister spoke of how the fear of “enormous reputational damage” had pushed him to the brink of resignation. As the New Statesman went to press, Corbyn’s first electoral test was looming. Every forecast showed the party on course to become the first opposition to lose council seats in a non-general-election year since 1985. Yet Corbyn appeared to insist on 3 May that this would not happen, gifting his opponents a benchmark by which to judge him.

Sadiq Khan was projected to become the party’s first successful London mayoral candidate since 2004. But having distanced himself from Corbyn throughout the race, he intends to deny him any credit if he wins. Regardless of the results on 5 May, there will be no challenge to the Labour leader before the EU referendum on 23 June. Many of the party’s most Corbyn-phobic MPs are also among its most Europhile. No cause, they stress, should distract from the defence of the UK’s 43-year EU membership.

Whether Corbyn should be challenged in the four weeks between the referendum and the summer recess is a matter of dispute among even his most committed opponents. Some contend that MPs have nothing to lose from trying and should be prepared to “grind him down” through multiple attempts, if necessary. Others fear that he would be empowered by winning a larger mandate than he did last September and argue that he must be given “longer to fail”. Still more hope that Corbyn will instigate a midterm handover to the shadow chancellor, John McDonnell, his closest ally, whom they regard as a beatable opponent.

Those who are familiar with members’ thinking describe many as “anxious” and in need of “reassurance” but determined that Corbyn receives adequate time to “set out his stall”. One shadow cabinet minister spoke of being “caught between Scylla and Charybdis” – that is, “a Labour Party membership which is ardently Corbynista and a British electorate which is ardently anti-Corbynista”. In their most pessimistic moments, some MPs gloomily wonder which group will deselect them first. The possibility that a new Conservative leader could trigger an early general election is cited by some as cause for haste and by others as the only means by which Corbynism can be definitively discredited.

The enduring debate over whether the Labour leader would automatically make the ballot if challenged (the party’s rules are ambiguous) is dismissed by most as irrelevant. Shadow cabinet members believe that Corbyn would achieve the requisite nominations. Momentum, the Labour leader’s praetorian guard, has privately instructed its members to be prepared to lobby MPs for this purpose.

There is no agreement on who should face Corbyn if his removal is attempted. The veteran MP Margaret Hodge has been touted as a “stalking horse” to lead the charge before making way for a figure such as the former paratrooper Dan Jarvis or the shadow business secretary, Angela Eagle. But in the view of a large number of shadow cabinet members, no challenge will materialise. They cite the high bar for putative leaders – the endorsement of 20 per cent of Labour MPs and MEPs – and the likelihood of failure. Many have long regarded mass front-bench resignations and trade union support as ­essential preconditions for a successful challenge, conditions they believe will not be met less than a year after Corbyn’s victory.

When Tony Blair resigned as Labour leader in 2007, he had already agreed not to fight the next general election and faced a pre-eminent rival in Gordon Brown. Neither situation exists today. The last Labour leader to be constitutionally deposed was J R Clynes in 1922 – when MPs, not members, were sovereign. Politics past and present militate against Corbyn’s opponents. There is but one man who can remove the leader: himself.

George Eaton is political editor of the New Statesman.

This article first appeared in the 06 April 2016 issue of the New Statesman, The longest hatred