Human Rights (Commonwealth)

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Wednesday 11th September 2013

(10 years, 8 months ago)

Westminster Hall
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Lord Swire Portrait The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)
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It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate the hon. Member for Rotherham (Sarah Champion) on securing this timely debate. I thank all Members who have taken part for their thoughtful contributions. I am struck by how many hon. Members went to the Commonwealth parliamentary conference in South Africa. As the Minister with responsibility for the Commonwealth, I find that level of support and interest in the House reassuring. I do not have much time to answer all the questions, so if I do not address their questions, I will get back to hon. Members and write to them.

I was struck by the fact that there is more in the debate that unites us than divides us. We all have incredibly serious concerns about human rights in the Commonwealth, particularly in Sri Lanka. In the little time available, I will try to explain the Government’s thought process and how we arrived at the final decision to go to Sri Lanka.

James Paice Portrait Sir James Paice (South East Cambridgeshire) (Con)
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I apologise for the fact that I was not here for the debate. I, too, was in Johannesburg and I want to endorse what my right hon. Friend the Minister says: there is far more that unites us over human rights than divides us. I happened to catch the debate on the screen earlier, so I know that my hon. Friend the Member for Brigg and Goole (Andrew Percy) said that voices from this country’s delegation were united in support of the speech from the hon. Member for Bristol East (Kerry McCarthy) about the importance of human rights, particularly gay rights.

Lord Swire Portrait Mr Swire
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The hon. Member for Bristol East (Kerry McCarthy), who speaks for the Opposition, clearly made an excellent speech—I regret to say that I have not read it, but I shall certainly do so at the earliest opportunity. If you will permit me, Mr Gray, before I turn to Sri Lanka, I will quickly address some of the questions raised by the hon. Member for Rotherham, because the debate was designed to cover more than that topic.

The hon. Lady asked about early forced marriage, which I completely agree is entirely repugnant. Through our forced marriage unit, a joint Foreign and Commonwealth Office and Home Department operation, we directly support anyone at risk in the UK and British nationals abroad. We will continue to strengthen protection for those facing forced marriage. We provide training for professionals to help them to identify potential victims and improve awareness of the issues, so that those at risk, including children and young people, know where to go for support. I am sure that there is more that we can and should do, but we are entirely at one on how morally repugnant such marriages are and on female genital mutilation, about which I feel strongly. People in this country, where alas is it all too pervasive, are finally taking it seriously.

The hon. Lady also raised the death penalty in Nigeria. We are of course appalled that the execution of four prisoners on 4 June ended Nigeria’s seven-year moratorium on the death penalty. We consider the executions to be a serious setback for human rights there. We urge the Nigerian Government to halt further executions. It is worth reiterating the Government’s position: we oppose the death penalty in all circumstances. We lose no opportunity to make that clear to those who still use it.

The hon. Lady raised the proposed anti-homosexuality Bill in Uganda. We have raised our concerns with the Ugandan Government at the highest levels. The Foreign Secretary raised the issue with Sam Kutesa, the Ugandan Foreign Minister, during a bilateral meeting held in the margins of the Somalia conference on 7 May. We are in close contact with civil society groups and, through support for training, advocacy and legal cases, we support efforts to improve human rights in Uganda, including campaigns for LGBT rights. Commonwealth membership is based on shared values of democracy, human rights and the rule of law, and it is clear that the Commonwealth’s credibility is linked to its ability to uphold and protect those core values.

The debate has come at a crucial moment. The Commonwealth’s ministerial action group has a new, stronger mandate to protect standards of governance and human rights—it is time for CMAG to live up to that mandate.

Gareth Thomas Portrait Mr Thomas
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Will the Minister give way?

Lord Swire Portrait Mr Swire
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I think I know what the hon. Gentleman is going to say and I will answer his question about CMAG in a minute.

Although respect for human rights across the Commonwealth is uneven, we have an opportunity to address that, guided by the principles set out in its charter. As we heard from hon. Members this afternoon, the charter was presented to Parliament in March and it commits members to

“equality and respect for the protection and promotion of civil, political, economic, social and cultural rights for all, without discrimination on any grounds”.

Used effectively, the charter will inform debate and provoke change. Circumstances in some member states may lead some to doubt the strength of that commitment or the capacity of the Commonwealth to bring about change. I recognise that valid concerns exist, but we must grasp the opportunity that the charter offers. Reform will not happen overnight—I am realistic about that—but I am confident that the Commonwealth can deliver.

In the remaining moments, I shall address our attendance in Sri Lanka, which is an issue we are divided over: some hon. Members think that we should not go to Sri Lanka and others think that we should. The right hon. Member for Sutton and Cheam (Paul Burstow), who is no longer in his place, thinks that we should not. My hon. Friend the Member for Brigg and Goole, who is in his place, thinks—I think rightly—that we should. It is worth pointing out the history. In 2009, Sri Lanka offered to host CHOGM in 2011. At CHOGM in Trinidad and Tobago in 2009, the Heads of Government decided not to accept the offer and decided that Australia should host CHOGM in Perth in 2011. They decided that Sri Lanka should host in 2013, and that decision was reaffirmed in Perth, at which the Commonwealth representative was a Minister from the previous Government. There was no widespread support among the Heads of Government for a change of location.

The hon. Member for Bristol East mentioned the Commonwealth day debate on 14 March. As she said, since the debate the Prime Minister and the Foreign Secretary and I have decided to attend the meeting. That is the right thing for the Commonwealth—an organisation we strongly support—which has a positive role to play in promoting freedom, democracy and human rights. The non-attendance of Her Majesty was also raised. It is worth pointing out for the record that Her Majesty, as head of the Commonwealth, will be represented by His Royal Highness the Prince of Wales. That CHOGM will discuss the crucial issue of what will succeed the millennium development goals in 2015, following the publication of the report of the high-level panel, co-chaired by my right hon. Friend the Prime Minister. It is important that the Commonwealth articulates a clear view that recognises the centrality of Commonwealth values such as gender equality, good governance and the rule of law to the enabling of development. We are pressing for the discussion of those values to play an important part at CHOGM.

We must be willing to respond if we think that the actions of fellow members do not reflect the values we espouse. We will take with us to Colombo a clear message that the British Government have given consistently in this Parliament, in the UN human rights council and in our contacts with the Sri Lankan Government: Sri Lanka must make progress on human rights, reconciliation and a political settlement. A key test of that will be the northern provincial council elections on 21 September, which we are pleased the Commonwealth and the South Asian Association for Regional Co-operation have been invited to observe—a positive step forward. On such issues, the Commonwealth is complementing the work of other bodies such as the UN. The human rights council passed a resolution in March, co-sponsored by the UK, calling for reconciliation and accountability in Sri Lanka.

The UN High Commissioner for Human Rights, Navi Pillay, visited Sri Lanka last month and expressed strong concerns, many of which we and others in the Commonwealth share—and those concerns certainly seem to be shared by hon. Members this afternoon. CHOGM will focus attention sharply on the work yet to be done to achieve the aims that the Sri Lankan Government themselves have agreed in follow-up to the report of the Lessons Learnt and Reconciliation Commission. It will allow Commonwealth Governments to understand better the problems still affecting Sri Lanka and consider what support they, and the Commonwealth collectively, can offer.

As my right hon. Friend the Foreign Secretary told the House on 3 September, we have concerns about media and non-governmental organisation freedom at CHOGM and have pressed the Sri Lankan Government to allow unhindered access. My ministerial colleague, my hon. Friend the Member for North East Bedfordshire (Alistair Burt), will reiterate that message when he visits the country on behalf of Her Majesty’s Government in October.

I was asked why there is no reference to LGBT rights in the Commonwealth charter. The charter explicitly states:

“We are implacably opposed to all forms of discrimination, whether rooted in gender, race, colour, creed, political belief or other grounds.”

Our view is that the phrases “all forms of discrimination” and “or other grounds” cover discrimination against lesbian, gay, bisexual and transgender people, as well as any other form of discrimination. The way of life of LGBT people is criminalised in over 40 member states, and they live with dreadful prejudice in some of them. The appalling attitudes towards homosexuality that persist in some Commonwealth countries threaten to undermine the commitment to non-discrimination that is central to the charter.