Commonwealth

Baroness Anelay of St Johns Excerpts

Thursday 16th March 2017 Lords Chamber

Moved by

[Baroness Anelay of St Johns]

To move that this House takes note of the United Kingdom’s relationship with the Commonwealth, ahead of the United Kingdom hosting the Heads of Government meeting in 2018.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, the Prime Minister announced on Monday that the 2018 Commonwealth summit, comprising the Commonwealth Heads of Government Meeting, will be held in London and Windsor in April 2018. For the first time, Buckingham Palace and Windsor Castle will be among the summit venues. The UK and our vibrant capital city are ready to welcome the Commonwealth family for a very special week, which lies between the Commonwealth Games in Australia and Her Majesty the Queen’s 92nd birthday.

The summit, together with strengthening our relationship with the Commonwealth, is a priority for this Government. Last July, I had the privilege of being appointed as the UK’s Minister for the Commonwealth as an institution and as Minister for the Commonwealth countries in the Caribbean. I have therefore seen at first hand that the Government are working tirelessly both here in London at ministerial and official level and throughout our network of diplomatic posts across the Commonwealth to ensure that this unique family of nations fulfils its undoubted potential. This is not the work of just one Minister or one department alone. It is embedded across all government work. When my noble friend Lady Mobarik winds up this debate later today, she will refer to some of the important work carried out across the Commonwealth by the Department for International Development.

First, I would like to place on record my thanks to the usual channels for enabling this government-led debate to coincide with Commonwealth Week and the many celebrations on Commonwealth Day, including those special events which took place with the Royal Family, including the launch of the Queen’s baton relay and a series of video messages from many of our high commissions setting out what the Commonwealth means to them and their host country. The fact that the Opposition agreed with the Government to use time in this way today shows there is truly cross-party support for the Commonwealth.

The Commonwealth is a truly extraordinary organisation. It is a diverse family of 52 countries spread over six continents and home to more than one-third of the world’s population, a billion of whom are under the age of 25. Its strength lies in its diversity, its shared history and myriad connections between its peoples. This strength is further enhanced by its global reach and the strong common instincts of its members to nurture open societies and open economies.

As a well-established family of co-operating nations, with these combined strengths and shared values, the Commonwealth could, and indeed should, play a greater role on the world stage. We are determined to do everything we can to turn potential into reality. We would like to focus on two areas in particular: reforming the organisation to strengthen it as a force for good and boosting intra-Commonwealth trade to increase the prosperity of all our citizens.

Ahead of the summit next year, reform is a top priority. It is vital if the Commonwealth is to achieve its full potential. We want to see an effective Commonwealth Secretariat driving an agenda that benefits the whole membership and also sets a standard and a model beyond it. That is why we fully support the secretary-general’s reforms and the work she has undertaken. A reformed, leaner and more efficient Commonwealth Secretariat could do even more to meet the aspirations of its people.

The theme for the Commonwealth this year is “A Peace-building Commonwealth”. It is an area where the organisation has historically made a strong contribution, from supporting a peaceful transition from apartheid in South Africa to helping to resolve maritime boundary disputes in the Pacific. It truly has a global reach. However, peacebuilding is not just about resolving conflicts; it is about preventing them in the first place. Violent extremism is a growing threat in many Commonwealth countries and to the wider world. It is an area in which co-operation and information sharing are vital. Since the last Heads of Government meeting, the UK, together with Australia, has part-funded the establishment of a new Commonwealth countering violent extremism unit. It started work in January and will enable members to share expertise and strategies to protect their citizens better. This is a demonstration of the Commonwealth adapting to tackle the challenges of the day.

The Commonwealth could also have a positive impact on good governance worldwide. The values of freedom, democracy, human rights, development and prosperity are all enshrined in the Commonwealth charter. It states,

“international peace and security, sustainable economic growth and development and the rule of law are essential to the progress and prosperity of all”.

We believe that the Commonwealth could help to promote these values to the wider world by drawing on its own experience.

How have we acted to support that work? Over the past seven months, I have held a series of discussions with Commonwealth Ministers and high commissioners, not only in this country but in their own countries, at the Human Rights Council in Geneva and at the UN in New York. Just last month, our UK ambassadorial team in Geneva convened Commonwealth countries to discuss priorities ahead of the Human Rights Council, which is meeting in March. This was an effective way of increasing the profile of the Commonwealth at the Human Rights Council. We want to see the power of the Commonwealth used more in this way and transform words into actions.

Last week, I had the real joy of meeting the chair of the British Youth Council, which works to empower young people under 25 to influence the decisions that affect their lives. The Commonwealth charter recognises the critical role of young people in the future success of our Commonwealth. The UK worked with the British Youth Council to help to establish the Commonwealth Youth Council in 2013, which serves as the official representative voice of young people across the Commonwealth. The Government will continue to place a strong focus on youth engagement and will ensure that issues that are important to young people living in the Commonwealth are an integral part of the Commonwealth summit next year.

It is clear that many member states share these aspirations to reform the organisation and increase its global influence as a force for good. The Government want to use the 2018 Commonwealth summit to turn all our aspirations across the Commonwealth into a reality. That work is already under way, and I will speak more about that in a moment or two.

Our second focus is on seeking to strengthen our relationship in the matter of trade. Boosting trade within the Commonwealth is a key element of our vision for a global Britain as we leave the European Union, as the Secretary of State for International Trade set out clearly at the Commonwealth Trade Ministers meeting last week. It will meet the Prime Minister’s aim of reaching out to partners across the globe. It will also boost prosperity throughout the Commonwealth by spreading economic growth and opportunity.

Trade between Commonwealth countries is expected to reach $1 trillion by 2020. It has consistently grown faster than the global average and we see significant scope for more growth. Furthermore, it costs, on average, 19% less to trade within the Commonwealth than outside it. That is a huge advantage, and something that we should all seek to exploit more effectively. That is why we supported calls at the Malta Heads of Government meeting for a Commonwealth Trade Ministers meeting and why we were delighted to co-host with Malta the inaugural meeting in London on Thursday and Friday last week.

The fact that Ministers and representatives from more than 35 Commonwealth countries travelled to London is a testament to the importance that Commonwealth countries place on enhancing trade and investment. There was consensus at the meeting on the potential to increase trade and the need to facilitate business-to-business links. There was also agreement to improve co-ordination between Commonwealth Governments, institutions and the private sector. Those private sector representatives who attended the meeting recognised the opportunities that trade within the Commonwealth represents, and they were very keen to engage. We will be working closely with them ahead of the next Commonwealth Business Forum in 2018, which will be held alongside the Commonwealth summit. It was noticeable that, at a time of rising protectionism around the world, Ministers reaffirmed the importance of open trade, free markets and a rules-based system.

I want to take this opportunity today to thank my noble friend Lord Marland, as chair of the Commonwealth Enterprise and Investment Council, for organising the first day of that two-day Commonwealth Trade Ministers conference last week and for working so hard to ensure its success. The meeting was an outcome of the 2015 Commonwealth Business Forum held in Malta. We were pleased therefore to be able to provide Lancaster House as a venue, and the Secretary of State for International Trade, the Minister for Trade Policy—my noble friend Lord Price—and I were delighted to attend. I also put on record my thanks to the honourable Kamina Johnson Smith, Foreign and Trade Minister for Jamaica, for her support in arranging and co-chairing with me on Wednesday last week a meeting between Cariforum Trade Ministers and UK Ministers, namely my noble friends Lord Price and Lord Bates.

However we describe the work that has happened so far and the work that lies ahead for all of us, it is clear that the Commonwealth faces challenges: reforming its institutions, raising its international profile and boosting trade, all of which are crucial. The next summit is an excellent opportunity to take all this work forward, building on the success of Malta 2015. It is also an opportunity to strengthen our relations with the rest of the Commonwealth and to showcase global Britain.

In hosting the summit, our primary aim will be firmly to reposition the Commonwealth as an organisation of global importance in the 21st century. We plan to take a creative and innovative approach to deliver that aim: for example, by using social media to engage youth across the Commonwealth and taking a fresh look at the format of the summit itself. We are encouraging new thinking across the Commonwealth and the whole of government, working in close partnership with the Commonwealth Secretariat, with parties in this House and another place, and with Commonwealth parliamentarians more widely, as well as with business, non-governmental bodies and civil society. Civil society will be absolutely crucial in the part it plays.

We have created an inter-ministerial group on the Commonwealth, chaired by the Foreign and Home Secretaries, which will be supported by a cross-government unit at the Cabinet Office, led by the Prime Minister’s chief executive officer for the Commonwealth summit, our experienced FCO diplomat and former ambassador Tim Hitchens. Under his guidance, ably supported by a cross-government team, we are already rapidly stepping up our engagement with member states and partner organisations, to listen to their views and aspirations, not only for the summit itself but for our Commonwealth chair in office until 2020, and for the future legacy of the organisation beyond that.

I have already made ministerial visits to a number of Commonwealth countries; for example, Barbados, St Lucia, St Kitts and Nevis, Sri Lanka, Kenya and Uganda. In all of them, I have had productive discussions with their Ministers, setting out the UK’s high ambition for the Commonwealth summit and the importance of their engagement in making it a success. I shall shortly make further visits to Commonwealth countries in the Caribbean and will be delivering the same message. That is part of real consultation—not paper, but listening and acting on it.

The high level of UK ministerial engagement with Commonwealth countries underlines the priority we give to the organisation. In recent months, the Foreign Secretary has visited Pakistan, India, Ghana and the Gambia—where he gave his strong support for President Barrow’s ambition to bring his country back into the Commonwealth. Mr Sharma has been to India, Bangladesh, Pakistan, Australia and New Zealand; Mr Ellwood has visited Rwanda and Nigeria; the Secretary of State for International Trade has been to Canada and India; and the Trade Minister, my noble friend Lord Price, has been to Australia and Singapore.

We are also working closely with the Commonwealth secretary-general and other member countries to develop the summit agenda. We will be drawing on our support for and engagement with all Commonwealth members, including the particular perspective of the small states, to ensure that the agenda reflects their interests. The Foreign and Commonwealth Office, the Department for International Trade and the Department for International Development are working with the Home Office and all other departments together, and closely with the Commonwealth Secretariat. I pay tribute to the secretary-general for her drive and initiative and very much look forward to continuing to work with her.

We will also work with our fellow members around the Commonwealth, and all the organisations that make up the Commonwealth family, to ensure we make the 2018 summit a success and to show a Commonwealth that is forward looking, revitalised and relevant to the new generations that have grown up since its formation—a Commonwealth that can play an essential role in resolving some of the world’s greatest challenges and can build inclusive prosperity for all. That is our ambition for the next summit, and we intend to work tirelessly to achieve it.

Last Monday I had the privilege of attending the Commonwealth service in Westminster Abbey. I was delighted to see the prominent role played by my noble friend Lord Howell, who took part in Her Majesty the Queen’s procession as president of the Royal Commonwealth Society. Her Majesty ended her address by reminding us that we can all find,

“further reward and fulfilment by continuing to collaborate with others in a spirit of goodwill to build a peaceful and abundant future for all Commonwealth citizens”.

In that spirit, I beg to move.

Turkey: Selahattin Demirtas

Baroness Anelay of St Johns Excerpts

Thursday 2nd March 2017 Lords Chamber

[Lord Balfe (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and draw attention to my membership of the All-Party Parliamentary Group for Turkey.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, we expect Turkey to undertake any legal processes against MPs fairly, transparently and with full respect for the rule of law. We follow developments in Turkey closely and underline the importance of the rule of law and the protection of freedom of expression. The Prime Minister raised human rights at the highest level when she visited Turkey in January, as have the Foreign Secretary and the Minister for Europe during their visits there.

[Lord Balfe]

I thank the Minister for her reply. Many of us of course have deep concern about the coup that occurred last year. In the events that followed, it appears that the Turkish Government have considerably overreacted, with mass dismissals and interference in the judiciary; and now a number of opposition politicians are in prison. Noting the concern of the Parliamentary Assembly of the Council of Europe and of the Venice Commission, will the Government do their best to work internationally to bring home to the Turkish Government the need to abide by international norms in the way that they treat their opposition?

[Baroness Anelay of St Johns]

I can indeed give my noble friend that assurance. I welcome the Parliamentary Assembly of the Council of Europe’s continued engagement on Turkey. I pay particular tribute to my noble friend’s work, both on PACE and on the Venice Commission. I can update noble Lords on something that happened yesterday, when Her Majesty’s permanent representative to the Council of Europe had an exchange of views with the Turkish Minister of Justice at the Committee of Ministers and stressed that, although we welcome Turkey’s moves to address the Council of Europe’s concerns on the state of emergency procedures, including the establishment of its own commission to review dismissals, it is important that that operates on the basis of the European Convention on Human Rights and that Turkey should continue to co-operate with the Venice Commission.

[Lord Kinnock (Lab)]

Does the Minister agree that the accession of Turkey to the European Union has always been decades further away from reality than was claimed, falsely, by Brexit campaigners last year? Will she tell us what the reply was from President Erdogan when the Prime Minister raised the issue of human rights in her conversations with him?

[Baroness Anelay of St Johns]

I have given answers several times at the Dispatch Box about the accession of Turkey to the European Union and made it clear that, since progress toward accession means abiding by international and European standards of human rights, Turkey has much progress to make. My right honourable friend the Prime Minister indeed raised the matter of human rights with President Erdogan. Given that that was a private conversation I cannot report it, but I assure the noble Lord that the conversation was amicable—and it was a conversation.

[Baroness Hussein-Ece (LD)]

My Lords, Turkey is such an important partner to this country in terms of trade and the relations that we have had for hundreds of years, and is an important member of NATO. Is the Minister aware that, after what happened last year in the Brexit debate—as the noble Lord, Lord Kinnock, just referred to, Turkey as a country was demonised because of its aspirations to join the European Union—the majority of the public there do not now want to join the EU? In fact, any taxi driver one comes across will have a photograph of the poster claiming that 78 million Turks—all criminals—are coming to this country. What we have done, really, has made Turkey drift further away. What possible influence can we have to ensure that Turkey’s internal structures and democracies are much sounder and, for example, that Mr Demirtas, the leader of the third-largest political party, should not face 20 years’ imprisonment?

[Baroness Anelay of St Johns]

My Lords, our influence is directly related to our ability to gain access to the highest levels in Turkey, which is exactly what has happened with the visits of my right honourable friends the Prime Minister, the Foreign Secretary and Sir Alan Duncan—he has paid three visits there—as well as to our work through the European Union, where we joined in a joint statement at the end of last year expressing our concerns about the way in which the judicial processes had gone forward against certain Members, such as Mr Demirtas. With regard to the wider issue of accession, it really is a matter for the people of Turkey to determine whether they wish to join. The noble Baroness has pointed out her perceptions of the current state of mind of some of the Turkish people.

[Lord Alton of Liverpool (CB)]

My Lords, given that the HDP is in alliance with the Kurdish Democratic Regions Party and is a pro-minority party, can the noble Baroness reflect for a moment on the implications of this arrest for the position of minorities inside Turkey? Can she also reflect on the way that Turkey deals with minorities in places such as Sinjar and Nineveh in neighbouring Iraq when it comes to determining its policy towards a self-governing area?

[Baroness Anelay of St Johns]

My Lords, as the noble Baroness just mentioned, we are talking about a country that faced a significant threat to its democracy last year. We have to recognise that this was a violent attempt at a coup. Against that background, one has to have a proportionate response, which is something that we have stressed, and judicial processes may have to be followed. However, the noble Lord is right to point out that, in carrying out responses to violent assaults on the Government, one has to consider very carefully the implications of one’s actions on minorities and how they can fester further violence in the future.

North Korea

Baroness Anelay of St Johns Excerpts

Tuesday 28th February 2017 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In so doing, I should mention that I am co-chairman of the All-Party Parliamentary Group on North Korea.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, on 14 February we summoned the ambassador for the Democratic People’s Republic of Korea in response to its ballistic missile test on 11 February. We made it clear that such actions were in violation of UN Security Council resolutions and a threat to international security, and that such destabilising activity must stop. We continue to be deeply concerned by its actions, including reports that it is responsible for the killing of Kim Jong-nam.

[Lord Alton of Liverpool]

My Lords, does not the horrific use of VX, a toxic nerve agent, to assassinate Kim Jong-nam serve to remind us of North Korea’s total disregard for international law, whether through the use of banned chemical weapons, of which it has some 5,000 tonnes, its nuclear and missile test, or the execution and incarceration of hundreds of thousands of its own citizens? Has the noble Baroness noted that at the 34th session of the United Nations Human Rights Council, which is currently meeting in Geneva, there are recommendations to establish an ad hoc tribunal or to refer North Korea to the International Criminal Court? Will we be endorsing this and seeking China’s support to bring to justice those responsible for these egregious and systemic violations of human rights?

--- Later in debate ---

[Baroness Anelay of St Johns]

The noble Lord is right in his condemnation of the DPRK’s complete disregard for international norms. Dealing with those is a difficult matter. We certainly support the UN Commission of Inquiry and want to see how we can take forward its recommendations.

With regard to the alleged use of VX, Malaysia has gathered its own information. We have no reason to doubt its conclusions that it is VX, a highly toxic nerve agent, and that the the DPRK is responsible, since it has the capacity to produce it. Until there is an international awareness of that information, we cannot take action internationally to condemn what has happened and provide the evidential link between the DPRK and the murder of Kim Jong-nam.

[Lord Robathan (Con)]

My Lords, there was a very similar assassination on British soil not a mile from here—that of Alexander Litvinenko—by the Russian Secret Service. Can my noble friend please tell us when she last called in the Russian ambassador, and what progress has been made on that inquiry?

[Baroness Anelay of St Johns]

My Lords, I cannot recall the exact date because, of course, I do not call in the Russian ambassador. But I can reassure my noble friend that I am aware that the Russian ambassador has been called in on at least one occasion last year with regard to Russia’s disregard for international norms. Whatever country uses international murder to dispose of people who are inconvenient to it is wrong and should face international opprobrium.

[Lord Anderson of Swansea (Lab)]

My Lords, China is the key player in relation to North Korea, and its action appears to complete the isolation of that country. How do the Government interpret its sanctions? Are they temporary, or can we expect a sea change in China’s policy?

[Baroness Anelay of St Johns]

The noble Lord is right to point to the fact that China has now made it clear that it is compliant with the UN Security Council resolution on sanctions on the coal trade between the DPRK and China. On 18 February this year, China declared that it would be fully compliant. It had actually been in breach in December, so it has made sure that throughout the whole of this year it will now be compliant. We welcome that public declaration and look forward to receiving further details about how it is observed. It was an important step forward.

[The Lord Bishop of Peterborough]

My Lords, I have a particular interest in those who escaped from North Korea, both through my membership of the all-party group and the link that we have in the diocese of Peterborough with the diocese of Seoul in South Korea, which does a lot to support escapees. Can the Minister please tell us whether our Government are talking to the Government of China about their apparent policy of sending refugees straight back to North Korea, where they face execution or incarceration in camps, and whether we will ask China to allow people freedom of passage to those countries which welcome them?

--- Later in debate ---

[Baroness Anelay of St Johns]

The right reverend Prelate raises an important issue on which we are at variance with the Chinese. They believe that those who flee the DPRK to save their own lives are in fact economic migrants and are therefore subject to return. I can assure the right reverend Prelate that we did indeed raise the issue of forced repatriation of refugees on numerous occasions with China, most recently at the UK-China Human Rights Dialogue in October, and we will continue to do so, including in international fora. We have also discussed the UN Commission of Inquiry report with senior Chinese officials in Beijing. It is important that we keep up pressure on this matter.

[Lord Campbell of Pittenweem (LD)]

The imposition of sanctions is all the more significant having regard to the previous ambivalence of the Chinese Government towards North Korea. Should not these sanctions be warmly welcomed, not only here but in the White House, so that, whatever their differences, China and the United States can make common cause in the containment of North Korea?

[Baroness Anelay of St Johns]

The noble Lord is absolutely right. As the new Trump Administration have taken office, it is important that they and China find accord on this matter.

[Baroness Cox (CB)]

My Lords, what is Her Majesty’s Government’s assessment of the security of North Korean defectors here in the United Kingdom and the potential security threat of the North Korean embassy in this country?

[Baroness Anelay of St Johns]

My Lords, it is a matter of fact that we have, of course, concern for all those who are in this country, whatever their nationality. We have a duty of protection in general terms. We do not provide individual protection for those who are not British citizens, as such, but we are aware that some persons are at particular risk. Because of security matters and the safety of those individuals, it would be wrong of me to go further than that.

[Baroness Smith of Basildon (Lab)]

My Lords, the Minister will be aware of the United Nations Commission of Inquiry report which urged all democratic countries to help break the information blockade that engulfs North Korea. The all-party parliamentary group has organised a successful campaign to persuade the BBC World Service to broadcast to North Korea. Is the Minister able to tell your Lordships’ House when those broadcasts will begin?

[Baroness Anelay of St Johns]

My Lords, I am not at present able to do so, but we strongly support the BBC’s mission to bring high-quality impartial news on this matter, including, of course, providing information about the DPRK. I will see whether the BBC has come forward with any further information that I have not heard about recently.

[Lord Elton (Con)]

My Lords, does my noble friend have any information about the number of Christians who are now incarcerated in North Korea for the sake of their religion? It is one of the countries where they are most harassed and oppressed.

[Baroness Anelay of St Johns]

My noble friend is right to raise the plight of Christians in North Korea. Although the constitution in the DPRK provides the right to have freedom to believe, those who practise religion outside very closely state-controlled faiths find themselves subject to appalling persecution. It is matter that we raise frequently with the North Korean Government through our embassy in Pyongyang, the United Nations and the Human Rights Council. But it is a continuing, appalling, flagrant breach of international norms.

United States: Immigration Policy

Baroness Anelay of St Johns Excerpts

Monday 27th February 2017 Lords Chamber

[Baroness Afshar]

To ask Her Majesty’s Government, in the light of the decision by President Trump to limit immigration to the United States, what steps they are taking to secure the rights of Iranian-born British citizens visiting the United States to return to the United Kingdom and not be sent to Iran.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, we gained assurances that measures enacted by President Trump’s executive order of 27 January do not affect British passport holders irrespective of their country of birth or whether they hold another passport. We are closely monitoring any changes and would consider intervening with the relevant authorities if necessary. Standard US policy is that visitors who are denied entry to the US are returned to the country from which they have travelled.

[Baroness Afshar (CB)]

I thank the Minister, but what measures have the Government taken to ensure that, at the point of entry into this country, passport controls focus on the legitimate passports of individuals and do not ascribe an assumed identity to visitors in terms of their dress code, assumed nationality or religion?

[Baroness Anelay of St Johns]

My Lords, with regard to visitors to this country, I can give the noble Baroness that assurance. With regard to the access of visitors to the United States, its guidance says that those same factors should not determine the decision that is made: the decision is made on an equality basis.

[Lord Collins of Highbury (Lab)]

My Lords, I welcome the Minister’s comments, but can she reassure the House that on the executive order that we expect either this week or next week, the department will be prepared to offer proper advice immediately and the Foreign Secretary will not waste any time in seeking urgent clarification, unlike the last time?

[Baroness Anelay of St Johns]

My Lords, my right honourable friend the Foreign Secretary did seek urgent advice the last time. The difficulty was that there was some confusion in the United States’s systems, as was evident from the changing nature of its travel advice online. Therefore, early engagement by the Foreign and Commonwealth Office in this country and by my right honourable friend the Prime Minister meant that we were able to get the earliest advice to British passport holders that they would not be adversely affected.

[Baroness Northover (LD)]

My Lords, can I flag up the astonishing position whereby the noble Baroness, Lady Afshar, who was born in Iran and is a former professor of politics at the University of York and much else besides, might herself be at risk in Iran and not welcome in the United States? Does the Minister agree that we should never go down that road, and that both countries are missing out, potentially, on an absolute treasure?

[Baroness Anelay of St Johns]

Yes, and yes.

[Lord McInnes of Kilwinning (Con)]

My Lords, what steps are Her Majesty’s Government taking to ensure that British Iranian nationals are recognised as such by the Iranian Government?

[Baroness Anelay of St Johns]

My Lords, that is an extremely important question because of the problems, as we have discussed over the past six to seven months, which ensue when one country does not recognise the validity of dual nationality. Iran is just such a country. We continue to have discussions at ministerial and ambassadorial levels with Iran to try to resolve some of the consequences of its refusal to accept that one can ever revoke one’s own Iranian nationality. Iran is not the only country involved and we continue those negotiations with other countries, too.

[Baroness Hussein-Ece (LD)]

My Lords, what representations is the Foreign Office making to the American embassy on cases such as Mr Miah, the maths teacher born in Swansea who was accompanying his class to go to the United States? It seems that he was blocked in Reykjavik from boarding a plane for no other reason than that he is a Muslim. He was denied entry and then humiliated; he said that he “felt like a criminal”. Are these sorts of cases being monitored and followed up, and what representation is being made about this outrage?

[Baroness Anelay of St Johns]

With regard to the particular case of Mr Miah, who was removed in Reykjavik from a flight to New York, he has not been given a reason for the entry refusal by the US authorities. On the wider question, naturally when we were advised by Mr Miah of his position we gave consular assistance in position, in Iceland. More broadly, a really important issue underlies the noble Baroness’s question: namely, that we are not always notified when somebody holding a British passport is denied entry or, indeed, detained upon entry. We can only be sure of knowing about it if they notify us, given that the US does not commonly hold those records and there is no international rule that any country must do so.

West Papua

Baroness Anelay of St Johns Excerpts

Tuesday 21st February 2017 Lords Chamber

[Lord Harries of Pentregarth]

To ask Her Majesty’s Government what representations they have made to the government of Indonesia concerning human rights abuses in West Papua.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, we raise our concerns about West Papua on a regular basis. Our ambassador and his staff visit West Papua periodically, most recently last month. President Joko Widodo has committed to a peaceful and prosperous West Papua and taken steps to improve the situation there. We support these initiatives and would like to see further progress in implementing the President’s vision. We will continue to engage with the Indonesian authorities on this issue.

[Lord Harries of Pentregarth (CB)]

I thank the Minister for her reply. Sadly, however, human rights violations have dramatically increased since 2014, particularly the denial of the West Papuans’ right to freedom of expression. A particularly sinister development is the appointment of retired General Wiranto, who has been indicted by a UN-sponsored tribunal for crimes against humanity. Despite what President Widodo has said about free and fair access to the press, that is simply not the case. Therefore, will Her Majesty’s Government support what is now a range of nations in the South Pacific that are continuing to raise these issues at the General Assembly of the United Nations?

[Baroness Anelay of St Johns]

My Lords, we should recognise that overall the human rights situation in Indonesia has improved significantly since the late 1990s. Of course, we have some specific concerns, including about respect for some communities, and the noble and right reverend Lord has raised specific issues about West Papua. Throughout all these issues of concern on human rights it is important to note that the President has made it clear that he pays more attention than his predecessors to the importance of the future prosperity of West Papua—and it is the case that prosperity tends to follow proper respect for human rights, which we uphold through the UN.

[Lord Hannay of Chiswick (CB)]

My Lords, I declare a past interest as an adviser to BP on its big gas investment in Papua. Will the Minister express a view on whether it is correct to feel that these human rights abuses and the cases that are brought forward of such abuses are completely counterproductive to the Indonesian Government’s policy of trying to reconcile the indigenous inhabitants of Papua to being part of Indonesia? If she says that that is the Government’s view, do we convey that view to the Indonesian Government?

[Baroness Anelay of St Johns]

My Lords, we convey the view to the Indonesian Government that we wish to work with them in their stated objective of improving the condition of people in West Papua. With regard to abuses, it is the case that the Indonesian President is committed to addressing the problems in the region. The previous co-ordinating ministry for legal, political and security affairs established an investigative team to resolve past cases of human rights abuse. However, we remain concerned by the slow progress that has been made and we are encouraging the Indonesian Government to prioritise a swift resolution. The fact is that where human rights are recognised and protected, prosperity tends to follow.

[Lord Collins of Highbury (Lab)]

My Lords, the Minister reiterated the point about exerting a more positive influence on the Indonesian Government, particularly with regard to religious freedom. What practical steps have the United Kingdom Government taken to ensure that religious freedom is able to be practised in West Papua, particularly in terms of the practical training of police and other civil servants to ensure that the words of the President are not only heard but fully implemented?

[Baroness Anelay of St Johns]

My Lords, it is of course important that we are able to talk as we do with the Indonesian Government about ensuring that security has to be maintained. It is a fact that Indonesia faces the threats of terrorism and instability that are around the region, not just in Indonesia, so we have to respect the action it needs to take on that. What we do is work with the Indonesian Government to ensure that there is support for their work both in Indonesia and at international level. That work is done through the FCO but also more broadly in government.

[The Lord Bishop of Southwark]

My Lords, with West Papuans continuing to be arrested and imprisoned for peaceful actions such as—as has already been said—demonstrating and even handing out flyers, and after Steven Itlay, leading a prayer ceremony in West Papua on 5 April 2016 to pray for West Papua to be accepted as a full member of the Melanesian Spearhead Group, was arrested and convicted of treason and spent seven months incarcerated, will the Minister reassure noble Lords that Her Majesty’s Government have specifically condemned these actions?

[Baroness Anelay of St Johns]

My Lords, I ought to make it clear, against the background of the actions that the right reverend Prelate described, that we fully respect the integrity and sovereignty of Indonesia. In that particular case, arrests were made because of actions to propose that West Papua should be separated from Indonesia. We are concerned by reports of pre-emptive arrests of West Papuan people in various cities across Indonesia more recently, in December 2016 —as well as by the reports to which the right reverend Prelate referred of security forces harassing individuals with alleged links to separatist groups, particularly in advance of the West Papuan elections. However, we should note that, regardless of that, in the democracy that Indonesia now is, the recent elections in December passed off peacefully.

[Baroness Northover (LD)]

My Lords, the Oxford Foundation for Law, Justice and Society last year advised the ending of all UK military training and equipment for Indonesia until we could be sure that there were reliable mechanisms in place to verify its adherence to human rights standards. Can the noble Baroness tell us whether that has been done?

[Baroness Anelay of St Johns]

My Lords, we always take a very rigorous view about how our training and also any supply of material may be used. As I have said at the Dispatch Box before, if we receive credible information that there has been misuse, of course we will take appropriate action and either cease supply or make sure that future supply is under specific rules—and we have not had to remove our supply.

Sudan

Baroness Anelay of St Johns Excerpts

Thursday 9th February 2017 Grand Committee

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, I also join in congratulating the noble Lord, Lord Hussain, on securing this debate. As he made clear, extremism is a global problem. In all its forms it attacks the fundamental values that bind us together as a global community and undermines our efforts to build a better, more tolerant world. The UK Government are committed to working with our international partners to tackle the threat posed by extremism both here in the UK and overseas. Today I will therefore reflect on the current situation in Sudan and the region, which has been set out by noble Lords—I would say set out clearly, but there is disagreement among noble Lords about some of the major parts of the detail, but hearing these differences is part of the importance of debates such as this. I will also reflect on the work of the UK Government as we try to help that country tackle extremism.

Sudan forms part of the fragile Sahel region, which is blighted by internal conflict, weak governance, violent extremism, and the spillover of conflicts outside its borders—most notably, as we were reminded, from Libya and Nigeria. Continued instability there poses a threat to security in the wider north and west Africa region. Currently, the main terrorist threat in the Sahel is from al-Qaeda in the Islamic Maghreb. A number of other terrorist groups also operate in neighbouring Egypt, primarily targeting Egyptian state and security officials, and in Libya. In particular, of course, we have to mention Daesh.

In Sudan itself, the long-running conflicts in Darfur and the Two Areas have created a dire humanitarian situation across the country, with approximately 5.8 million Sudanese in need of humanitarian assistance. I pay tribute to the work of the noble Baroness, Lady Cox, in this respect. She has been consistent in the assistance she is trying to give to the country. It is important for the Government of Sudan to be committed to the international proposal for improving humanitarian access to the Two Areas. They most recently expressed support for that when the Foreign Minister, Ghandour, spoke in a meeting with the UK special representative to Sudan on 24 January. We continue to urge the SPLM-North to agree to these proposals to guarantee medical supplies brought directly to the areas under its control as a way to unblock the whole system and obtain a broader agreement for long-term access. As I have mentioned recently in the House, there was an opportunity for an agreement whereby USAID would have delivered humanitarian support, but it was SPLM-North that walked out of the talks, which was disappointing.

There has recently been a reduction in the level of armed conflict between the Government of Sudan and armed movements. That is encouraging, but I understand the concerns of noble Lords. We fully support the peace process led by the African Union High-Level Implementation Panel. It is vital that all sides reach agreements on the permanent cessation of hostilities and unrestricted humanitarian access to the conflict areas. Sudan’s national dialogue has the potential to solve this matter. We were pleased to hear that the next stage will remain open and inclusive for all Sudanese political parties, and we urge all sides to commit to it fully.

We are concerned, however, by the arbitrary arrest and detention of human rights defenders and opposition party members in Sudan. We have raised our concerns with the Government of Sudan and will continue to do so. The noble Lord, Lord Alton, rightly raised concerns about the three Christian men who were sentenced on 29 January. We continue to work closely with human rights lawyers working on cases relating to freedom of religion or belief, and we will continue to raise cases of concern directly with the Government of Sudan as part of our ongoing human rights dialogue. It will not surprise the noble Lord to hear that we are in contact with the Czech Republic, because of course it is one of its nationals who has been sentenced. Clearly, we are extremely concerned by the results of those trials.

Sudan’s central position between east and west Africa means that it has historically been a crossroads between these two regions, as well as Libya to the north. It is not just a crossroads for ordinary traders; it is a key facilitation hub for organised criminality, such as smuggling and trafficking in people. These routes are highly susceptible to exploitation by terrorist groups. We have been working with our international partners and other regional Governments to help to defeat terrorism and bring stability to the Sahel. In the past, the Sudanese Government have failed adequately to co-operate or confront the problem of Islamic extremism and human trafficking. That is why it is crucial that the UK engages with the Sudanese Government to encourage them to work more closely with the international community. I believe that progress is being made.

Questions were asked about the lifting of US sanctions. It is clear that progress has been made—national dialogue is an important development and no one should ignore it, and the ceasefire is holding to the main part. There is an issue about Nertiti—I understand that—but there is a problem with getting evidence on it. In the Two Areas, we are hearing from the SPLM-North that there is no breach of ceasefire. So let us recognise the progress made by the Government of Sudan when we can. The fact is, however, where the Government of Sudan have begun to show that they are willing to co-operate with the international community to counter violent extremism, the international community has to re-evaluate its position. The previous US Administration did that and made progress with temporarily lifting some of its more damaging economic sanctions. If made permanent, the lifting of US sanctions is considerably likely to strengthen Sudan’s economy, which in turn could increase the resilience of the country to violent extremism.

I am advised that yesterday, the United Nations Security Council unanimously extended the mandate of the UN sanctions regime on Sudan, including the panel of experts. I say again that there is some sign of progress. While the panel has faced obstacles from the Sudanese Government, it has now received visas to travel to Sudan to monitor the implementation adherence with sanctions. We will continue to urge the Government of Sudan to co-operate fully with the panel of experts and to adhere with the UN sanctions regime. I feel that it will not only be the Government watching that—noble Lords here will monitor it very carefully with some of their excellent contacts.

We can also play our part, but we have made it clear to the Government of Sudan that the current conflicts, human rights abuses and business environment remain obstacles to a sizeable increase in interest from British companies. We continue to urge the Government of Sudan to make progress on all the issues raised by noble Lords today around threats to the human rights and security of all people in Sudan. It should not be some ethnic groups that have the ability to prosper—it is for all.

I assure my noble friend Lord Sheikh that we are working towards promoting and protecting good governance, the rule of law and human rights as the best way to ensure our collective security. Our work is focused on two areas. First, on ending conflict and, secondly, on improving resilience. In that way, there must be room for us at some stage to work further with the Government of Sudan to make sure that the national dialogue works, is open to all and that we see an improvement in human rights. It is only that improvement that will enable further engagement. Our strategic dialogue provides an important platform for us to discuss areas where we would like to increase co-operation with the Sudanese Government, such as countering violent extremism and migration. We will continue our conversation on these issues at the next dialogue in Khartoum in March.

Radicalisation within Sudan is another issue of concern. Extremist groups could seek to exploit vulnerable communities in order to incite political unrest and anti-western sentiment. Here too we are taking practical action. We are working with staff, students and graduates at the University of Medical Sciences and Technology in Khartoum to raise awareness of the issue and suggest options for tackling the risks. As part of our engagement with the university and its alumni, we have also continued to provide outreach material on countering violent extremism to students, staff and parents, and supported the visits of expert speakers to Sudan from the UK, including the imam to the British Armed Forces.

In conclusion, violent extremism is a growing concern in many parts of the world. That includes the Sahel and extremist groups operating in the region which continue to pose a threat to Sudan. It is important that the noble Lord, Lord Hussain, worded his Question for Short Debate to put Sudan within the wider context of threats around the region, so that instead of focusing only on Sudan, we consider the Question against the background of threats that Sudan faces and how we need to build resilience across the region. We are encouraged by the new willingness of the Sudanese Government to co-operate with international partners on these vital issues. Through our strategic dialogue with the Government of Sudan we will continue to promote further co-operation. By working together, we will overcome intolerance and build peaceful and prosperous societies for all our citizens. It takes all of our energies in government to do it; I know we can count on the energies of noble Lords here to join in that work.

Syria

Baroness Anelay of St Johns Excerpts

Thursday 9th February 2017 Grand Committee

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, I congratulate noble Baroness, Lady Cox, on securing this debate. Working for a solution to the crisis in Syria remains a top priority for the Government. We recognise the realities of the situation across the whole of the Middle East and the implications of the displacement of so many millions of people, as well as the generosity of counties such as Lebanon and others which have hosted those forced out of their own country. The conflict has now lasted nearly six years and caused appalling human suffering, as noble Lords have graphically set out today: over 400,000 people have been killed, half of the country’s pre-war population has been displaced and millions of Syrians are in need of urgent humanitarian help.

The military offensive against eastern Aleppo before Christmas was one of the worst episodes of this terrible conflict. For over five months, more than a quarter of a million people were besieged and cut off from food and medical supplies as the Assad regime and its Russian and Iranian backers blocked access to humanitarian convoys. I was asked about Iran and the way that it recruits people to fight in Syria. I will certainly follow that up—I had not seen that particular newspaper report, but I will make inquiries. In Aleppo, every hospital in the eastern part of the city was put out of action by air and artillery strikes—it is only the Assad regime and its backers that have access to air and artillery strikes. Hundreds of civilians were killed. As the UN has shown, in October last year, there were 400 casualties in that one month alone.

That is across the range; I am not picking out particular groups, rather I am adding to the descriptions given by noble Lords about the impact of what happened. Ultimately, tens of thousands of people were forced to leave the city. All this was justified by the regime and its backers in the name of fighting terrorism. We reject that explanation, and indeed even Russia’s own figures show that terrorists accounted for only a tiny fraction of Aleppo’s population. The real targets were the moderate opposition forces. Far from combating terrorism, the actions of the regime, Russia and Iran have served only to fuel it and worsen the suffering of the Syrian people.

In reality, the regime and its backers are responsible for the vast majority of deaths and civilian suffering in Syria. I am not going to go into the detail of what happened in the prison highlighted in the Amnesty report, but any form of torture is wrong. Tens of thousands of people disappeared from their families and the streets into Assad’s clutches, and goodness knows what happened to them. The fact is that the UN and the Organisation for the Prohibition of Chemical Weapons have confirmed that the Assad regime has used chemical weapons. I understand that Daesh may have done so as well, but it is wrong for anyone to use them.

Even after the fall of eastern Aleppo, some 700,000 people remain in besieged areas across the whole of Syria, the vast majority of them trapped by pro-regime forces. The UK’s policy has always been to support a sustainable, Syrian-led political settlement to the conflict while doing everything we can to help and protect civilians in the country. We are not and never have dictated to the Syrian people what they should decide as to the outcome and what should happen to Assad, rather we have expressed our view that he has failed to protect his people. He has military backing from Russia and Iran, and without it he would be nowhere. Moreover, he does not care for his people as a leader should. That is our view and it is what we have always said. Any process to rebuild the country must be Syrian-led. I also take very much to heart the words of my noble friend Lady Nicholson. She said that even after a treaty has been signed, conflict remains afterwards, so it is about rebuilding. I agree with her that conflict remaining is what we should be thinking about today. There can be no military solution to the conflict; you can win a war, but you do not win a peace.

Recent developments have confirmed our assessment that the only way to bring back stability to Syria and thereby address the terror threat which is here and present with us today in the UK, and to allow the millions of refugees to return home, is a political settlement which ends the civil war so that we can then start to rebuild. As the Foreign Secretary has consistently said, it is our view that there can be no sustainable peace in Syria while Assad remains in power. Strange things have been said in the debate about the Foreign Secretary saying that Assad must stay. No, he has not. He has reaffirmed our belief that Assad cannot lead the country but that it is for the people of Syria to decide. That has underlined all our work throughout the peace negotiations. Those negotiations would include, in our view, the right of the 11 million people who have been displaced as a result of conflict to take part in free and fair elections. It may be some way off, but let us hope that we can all help Syria to reach that point.

My noble friend Lady Berridge raised in particular the question of displaced Christians and minorities. We are not in a position to track exactly how many and from which minority or faith have been moved and to where, mostly of course because as people have travelled and their groups have fragmented, no records have been kept either in the refugee camps or indeed where they have now settled in western Europe and beyond. As some noble Lords have reminded me on previous occasions, some people are scared to reveal their ethnicity and their minority status. We should think of that very carefully indeed when we think about rebuilding. I understand why my noble friend raises these points. It is right for noble Lords to ask about Syria surviving as an entire country. If Syria is to survive as an entire country, not with a little bit picked off by Assad because he likes that bit and does not like the rest but as a country in which Syrians are able to determine their own future, it needs to continue to adhere to its history of respecting different ethnicities and different religions. Over the last few months, it has been my privilege to meet senior faith leaders who represent a wide range of orthodox Christian faiths. They are very brave people. Having come here to give their views, they go back to Syria to tend to their flocks.

At the UN Security Council, we have consistently advocated for action to bring about an immediate ceasefire and enable humanitarian access for all those in need in Syria. At the Human Rights Council, the UK has led efforts to monitor human rights violations and abuses committed in Syria and to call for accountability for those responsible. My Whip is very kindly saying that I have only two minutes left. I think that I have a little more, but not much more. As she is my mentor, I normally obey her immediately.

In October we proposed, and secured the adoption of, a Human Rights Council resolution which mandated the UN commission of inquiry to investigate and report on violations and abuses during the siege and offensive against eastern Aleppo. We continue to support the important work of the UN commission of inquiry.

Humanitarian support was raised by many noble Lords. I say merely that it is vital that we all support that. I was very interested in what my noble friend Lady Morris said about the Business Task Force. That is a very practical way forward.

As regards recent progress, it was right for noble Lords to concentrate their minds on Astana and the progress that has been made there with the ceasefire. The ceasefire is not a political solution. It is valuable in itself. It would have been so much more valuable if, as a result, Assad had allowed humanitarian access, but still people are being starved. Those taking part in the Astana process recognise that the real progress is to be made by the Geneva talks. I welcome their recognition of that. The UN special envoy, Staffan de Mistura, has announced that he plans to reconvene talks between the Syrian parties in Geneva this month. We fully support those efforts.

I was also asked whether we should have an embassy in Damascus. I have answered that question in some detail on the Floor of the House. The simple answer is that we have no reason to trust Assad. To establish such an embassy would be a sign that we felt that he was the way forward. Our view is that he is not and that we must allow the Syrian people to make that decision. What decision the Syrians reach, we should then follow. It is as wrong to dictate to the Syrian people that they must keep Assad as it would be to dictate to them that they should get rid of him. We should listen to the people. We are a democracy. Let them be one.

International Criminal Court

Baroness Anelay of St Johns Excerpts

Wednesday 8th February 2017 Lords Chamber

[Lord Alton of Liverpool]

To ask Her Majesty’s Government what assessment they have made of the composition and effectiveness of the International Criminal Court.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, the UK is committed to a rules-based international order and strongly supports the International Criminal Court. The ICC plays an important role in global efforts to end impunity for the most serious crimes of international concern by holding perpetrators to account and achieving justice for victims. Some 124 states parties have now adopted the ICC’s Rome statute and we work actively with the court and international partners to improve further its efficiency and effectiveness.

[Lord Alton of Liverpool (CB)]

My Lords, I thank the noble Baroness for that reply. Can she tell us what assessment the Government have made of the decision reached only last week by the African Union at its summit in Addis Ababa calling for all African countries to leave the International Criminal Court, and indeed of the negative and disparaging attitude of both the Kremlin and the White House? How do we intend to rally international support in the UN Security Council and elsewhere to stop the unravelling of the court and to strengthen and enhance its efficacy in bringing to justice those who are responsible for war crimes, crimes against humanity and genocide?

[Baroness Anelay of St Johns]

My Lords, the short answer would be by continuing to work hard to ensure that other states parties take seriously their responsibilities and by working with colleagues such as the United States to ensure that even when they are not states parties themselves, they support as they have done the work of the ICC.

Perhaps I may address the first part of the noble Lord’s question referring to the decision at the AU summit because it is important. I appreciate what the newspaper reporting has been, but it is our understanding that the strategy being referred to does not call for mass withdrawal, but actually for further research. When I read what was said by Ministers who attended the summit, I see that they voiced strong opposition. The list of those who opposed even the research is long and includes Nigeria, Senegal and Cape Verde—I could go on and on, so there is work that we can do.

[Lord Morris of Aberavon (Lab)]

My Lords, given that the Government of whom I was a member as Attorney-General played a major role in setting up this court, have Her Majesty’s Government expressed any views to individual countries proposing to leave its jurisdiction?

[Baroness Anelay of St Johns]

Yes, my Lords; it is absolutely right that we should do so. I am delighted that the noble and learned Lord asked the question. When I was in The Hague quite recently at the states parties meeting I had a long meeting with the Justice Minister of South Africa and was able to explore in technical detail the reasons why South Africa felt that the way in which the Rome treaty was being interpreted was not in accord with its understanding. Shortly I travel to Burundi and Uganda. Uganda has not withdrawn; it gave its support, although there has been some criticism. Burundi is one of those withdrawing and I shall continue my conversations in person.

[Lord Faulks (Con)]

My Lords, the United States of America is not part of the International Criminal Court; it fears the politicisation of the process. Are Her Majesty’s Government sympathetic to that position? It seems unlikely to change in the near future. Or do they sympathise with the idea that there should be complete and universal ratification of the Rome statute?

[Baroness Anelay of St Johns]

My Lords, we continue to work towards universal and complete ratification of the Rome statute, while understanding that some countries, including allies such as the United States, may be supportive without being signatories to the Rome statute. I can tell my noble friend that since the election of President Trump we have worked closely with the Administration in the United Nations and the ICC in New York and with Nikki Haley, who has been appointed as the US representative to the United Nations, to ensure that United States co-operation with the ICC continues.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, in April last year the House of Commons resolved that ISIS should be referred to the ICC. What action have the Government taken to raise this at the Security Council in order to secure an investigation?

[Baroness Anelay of St Johns]

My Lords, I am sure the noble Lord will be aware that a United Nations Security Council resolution on these very matters was vetoed a while ago. We continue to press the issue of bringing ISIL/Daesh to account and also bringing Assad to account. Therefore I am pleased to say that on 21 December last year we co-sponsored a UN General Assembly resolution to establish a new international, impartial, independent mechanism to assist in the investigation and prosecution of those responsible for the most serious crimes under international law committed in Syria since March 2011.

[Baroness Cox (CB)]

My Lords, following the visit of Sudan’s President al-Bashir, indicted by the International Criminal Court, to many countries including Kenya, South Africa, China, Nigeria and Saudi Arabia, what discussions have Her Majesty’s Government had with the Governments of those countries about their failure to arrest him? Does the noble Baroness agree that the failure to arrest someone indicted by the International Criminal Court devalues and discredits the work of the ICC?

[Baroness Anelay of St Johns]

The noble Baroness raises a very important point. It is the case that countries which are states parties should, indeed, ensure that those who are indicted by them are then arrested. I was able, as I mentioned a moment ago to the noble and learned Lord, to discuss these wide matters with South Africa. The UK and EU partners have conducted demarches in countries which failed to arrest President Bashir. We agree with the noble Baroness that achieving justice for victims should be at the heart of the international community’s response to mass atrocity violence. It is important that fugitives from international justice do not just get away.

[Lord Lea of Crondall (Lab)]

My Lords, the substantive decision of the African Union, as I understand it, was not withdrawal but a call for regionalisation of the ICC. Does the Minister agree that one very important issue that arises about that concerns the consequences of regionalisation and the need to ensure continuation of three principles: first, due process of taking evidence; secondly, penalties meeting an international standard; and thirdly, the ability still to make appeals at a global level?

[Baroness Anelay of St Johns]

My Lords, as I mentioned a little while ago, I think there has been a little misreporting or misunderstanding of what was decided at the African Union. However, the noble Lord makes an important point. We welcome initiatives, whether at regional or international level, to support international justice and accountability, so we are willing to listen to all ways that can take us forward. The most appropriate forum for discussion of issues that states may have with the ICC is the Assembly of States Parties, which I have attended in the two years for which I have had the justification, as Minister, for doing so. We make our points very strongly there, both in the forum itself and bilaterally.

[Lord Elystan-Morgan (CB)]

My Lords, if the African members were to withdraw, 34 of the total membership of 124 would have left, and this sole forum for global criminal justice would be lost. Is not the chief prosecutor, Ms Bensouda, collecting evidence in various countries, including Afghanistan and Iraq—and is there any prospect of further prosecution from such localities?

[Baroness Anelay of St Johns]

My Lords, I pay tribute to the work of Fatou Bensouda against sometimes very challenging conditions. We support her in her work. She is independent, and we do not try to influence it; that would be improper. I repeat that this was not a mass withdrawal, and we are not expecting a mass withdrawal of African states. I am certainly working towards ensuring that the ICC maintains its credibility. Changes in government in the Gambia show that there can be ways of ensuring that countries stay members of the ICC.

Iran: Nazanin Zaghari-Ratcliffe

Baroness Anelay of St Johns Excerpts

Thursday 2nd February 2017 Lords Chamber

[Baroness Northover]

To ask Her Majesty’s Government what action they are taking in relation to the case of Nazanin Zaghari-Ratcliffe, a British-Iranian dual citizen detained in Iran.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, the Government were very disappointed to hear the outcome of Mrs Zaghari-Ratcliffe’s appeal on 22 January. We continue to raise our strong concerns at the highest levels in both London and Tehran over the treatment and welfare of all British-Iranian dual nationals imprisoned in Iran. FCO officials are in regular contact with Mrs Zaghari-Ratcliffe’s family and we continue to do everything we can for the family.

[Baroness Northover (LD)]

My Lords, I thank the noble Baroness. Unlike Mr Trump, we seek improved relations with Iran, but here we have a young mother, a British-Iranian citizen, imprisoned after visiting her family there with her daughter—her daughter is solely a British citizen. Surely the time has come for the UK to call for Mrs Zaghari-Ratcliffe’s release before she, her little daughter and her husband—who is here today with his own mother—suffer further.

[Baroness Anelay of St Johns]

My Lords, the suffering of the family can barely be imagined and throughout all this, regardless of some of the extraordinary claims made on the internet, we should remember that this is a loving father who simply wants his family to be reunited. I wholly respect that, which is why we are urgently seeking information on what further legal avenues are available to Mrs Zaghari-Ratcliffe. We undertake that the FCO will continue to offer support to the family, both here in London and in Tehran. We are working towards the positive resolution of this, because that is the right thing for us all to do.

[Lord Lamont of Lerwick (Con)]

My Lords, I first draw the House’s attention to my entry in the Register of Lords’ Interests, as chairman of the British-Iranian Chamber of Commerce and as the Government’s trade envoy to Iran. Is the Minister aware that I have raised this issue with the Iranian Government? I associate myself wholly with the Question that has been asked. Has the Minister noticed the statement by the President of Iran, the moderate President Rouhani, who has said that if Iran is to attract more investment and commercial engagement with the wider world, it needs to make people who visit Iran both welcome and safe? Is it not the case that this treatment of Nazanin not only is a tragedy for her but is harming prospects for investment and the future of the Iranian people?

[Baroness Anelay of St Johns]

My Lords, I entirely agree with every word that my noble friend has uttered.

[Lord Alton of Liverpool (CB)]

My Lords, in addition to the cruel and manipulative treatment of this family by the Iranian authorities, which were responsible for more than 1,000 executions in one recent year, including women and teenagers, is the Minister aware that predatory attempts have been made to extract money from Nazanin’s husband Richard by so-called intermediaries preying on their sense of desperation? Can the Minister add to what she told us a moment ago and say when our consular officials last saw Nazanin and also tell the House what she can about the other three British citizens who are being held in Iranian jails?

[Baroness Anelay of St Johns]

My Lords, I have read newspaper reports of the appalling attempt to gain money from the family, which the noble Lord has just described, but they are newspaper reports—I personally do not have details of that. It is a fact that those who are dual nationals face significant problems if they are detained in Iran, because we do not have consular access to them. We can ask, but we cannot insist—although it does not stop us continuing to ask. As recently as this Tuesday, my honourable friend Tobias Ellwood met Mr Ratcliffe to update him on what happened when Tobias visited Tehran earlier in January. Officials met the family recently and Tobias also met the family when he was in Tehran. Those meetings will continue, because our only intent is to resolve this issue in a positive way for the family.

[Lord Collins of Highbury (Lab)]

My Lords, I appreciated what the Minister said in the Chamber last week in the debate that we had on this subject—I raised specific questions. I understand the Government’s commitment to do all they can in the circumstances, but the Minister said last week that we were awaiting the end of the judicial process before making any demands for Mrs Zaghari-Ratcliffe’s release. Can she reassure the House that when they are satisfied that the process has been concluded, we will immediately demand her release?

[Baroness Anelay of St Johns]

My Lords, one of our problems is in having information about the process itself, and when it has been resolved within the court system—in the debate, as the noble Lord will remember, I carefully declined to call it a judicial system and referred to it as a court system. As I said earlier, we are urgently seeking information on what further legal avenues may be available to Mrs Zaghari-Ratcliffe, and we will support the family through that process. The judiciary falls under the auspices of the Supreme Leader, and its shortcomings are evident: I choose my words very carefully, to be accurate. Those standing trial on political or politically-related charges are often denied proper access to a lawyer, which results in defendants lacking a proper defence during their trial. This is an appalling situation.

[Lord Campbell of Pittenweem (LD)]

My Lords, does the Minister understand the disappointment felt by those who supported the nuclear agreement and who have welcomed the improving relations between Iran and the United Kingdom? Would it not be unfortunate, to say the least, if the fact that this matter is not resolved should sully or undermine that emerging and improving relationship?

[Baroness Anelay of St Johns]

As so often, I agree with the noble Lord.

[Baroness Butler-Sloss (CB)]

My Lords, the child is, I understand, entirely a British subject. What are the Government doing about a British subject being held in Iran?

[Baroness Anelay of St Johns]

My Lords, we—I at this Dispatch Box and also colleagues in another place—have made it clear that we stand ready to facilitate the return of Gabriella to this country. She is indeed solely a British citizen, and we stand ready to assist if the family asks us to do so.

Syria: President al-Assad

Baroness Anelay of St Johns Excerpts

Wednesday 1st February 2017 Lords Chamber

[Lord Cormack]

To ask Her Majesty’s Government, further to the remarks by the Foreign Secretary before the Select Committee on International Relations on 26 January, whether it is their policy that President Bashar al-Assad should be allowed to run for re-election in the event of a peace settlement in Syria.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, our long-standing position is that there can be no sustainable peace in Syria while Assad remains in power. He is incapable of uniting the country because of his military campaign against political opposition. Syria needs a transition to a new, inclusive, non-sectarian Government to achieve the credible political settlement that will bring long-term stability. This is set out in the Geneva communiqué and endorsed by UN Security Council Resolution 2254.

[Lord Cormack (Con)]

My Lords, of course I thank my noble friend for that Answer but, in the light of the evidence given last week to the committee of my noble friend Lord Howell—I am so glad to see him back—I am somewhat disappointed. Could we not have a new, realistic approach, recognising that we cannot remove Assad? In the words of the patriarch of the Syrian Orthodox Church, who was here a few weeks ago, he should be a candidate in any election. Far be it for me to suggest that, if he wins, he would be invited on a second state visit—but should we not establish diplomatic representation in Damascus and be at the centre, so that when peace is eventually restored we will have played a constructive part in restoring it?

[Baroness Anelay of St Johns]

My Lords, we are taking a lead in the constructive discussions for resolving what is an appalling situation across Syria—a situation where, at the last election, the only opposition opponent to Assad felt it necessary at the last moment to encourage everybody in the country to vote for Assad rather than himself as a candidate. Assad has shown that he is incapable of protecting his own people, but I agree with my noble friend that we should not dictate an outcome. What we are saying is that Assad has not proved that he can bring peace to the country. We are leading the way in the Syria Support Group of the United Nations in trying to ensure that there can be a position where the Syrian people decide the next steps. My right honourable friend the Foreign Secretary said when he appeared before the committee of my noble friend Lord Howell, whom I am delighted to see today:

“I would hope that it would be possible to have a plebiscite or an election, properly supervised by the UN, in which all the 11 million displaced persons, including the 4 million who are now outside Syria, are fully entitled to vote”.

[Lord Collins of Highbury (Lab)]

My Lords, we are a long way off the pathway to peace, but one principle—which I know the noble Baroness shares strongly—that we need to make clear in following that pathway is that there is no impunity and that people who are responsible for crimes against humanity are held responsible, come what may.

[Baroness Anelay of St Johns]

That is absolutely right and we will continue to take forward work with the United Nations and our allies to find a way in which those who have committed appalling crimes can be brought to justice. In particular, we are continuing to invest money in providing a way in which robust evidence that would stand up in the case of prosecutions can be collected and stored—and I pay tribute to the brave people who are collecting that evidence.

[Lord Wright of Richmond (CB)]

My Lords, in view of a rather more positive interpretation of what the Foreign Secretary told the committee of the noble Lord, Lord Howell, can the Minister tell us whether the Foreign Office is considering any installation of a diplomatic presence in Damascus?

[Baroness Anelay of St Johns]

My Lords, certainly not. We have found in the past that Assad is an unreliable person in the dealings we have had with him. It would not be appropriate to show that we trust him in any way, because he is not to be trusted.

[Baroness Northover (LD)]

My Lords, if the Foreign Secretary is shifting his position on Syrian elections, does the Minister agree that there needs to be a constitutional agreement to restrict current autocratic powers and, therefore, are we supporting Syrian civil society organisations and others in drafting such changes?

[Baroness Anelay of St Johns]

My Lords, I repeat that our position and policy have not changed. What the Foreign Secretary was trying to say, in his inimitable manner, to the Select Committee is that in the real world it is for the Syrians to decide. It is their decision; it is not for us to impose a solution on them. That has been our position throughout. With regard to the shape of any constitution, we would not wish to dictate that. It is for the Syrian people to be given an opportunity to discuss how that may be achieved.

[Lord Tebbit (Con)]

My Lords, is my noble friend aware that I agree with her very much that it is not for us to decide who should be the President of Syria? But surely, once we take the step of saying who should not be the President, we are in effect transgressing against that very good principle that she just set out.

[Baroness Anelay of St Johns]

My Lords, I said that President Assad has shown that he cannot be trusted. He has led to the deaths of something like 400,000 of his own people, has put tens of thousands in detention— I have met some of those who have experienced torture at the hands of people there—and has failed to provide a secure future for his country without the air power of countries such as Iran and Russia. That is somebody whom we do not see as being capable of providing a political solution and providing peace. However, what we are doing, and continue to do, through the UN Geneva process is to provide the opportunity for the Syrians to decide this matter. Whatever our view is, it is for the Syrians to decide.

[Lord Hain (Lab)]

My Lords, is not the very problem with our foreign policy that, to use our own phrase, we have tried to dictate what should happen, not having learned the lessons from Northern Ireland that you do not impose preconditions when trying to resolve a conflict? To demand at the beginning with a bit of bombast and bluster that Assad must go—he was never going to—then say that he should stay for only six months, and now say that he cannot stand for re-election, is a failed strategy which is contributing to a disastrous catastrophe. Why do the Government not change course and recognise that he has to be negotiated with and a transition agreed?

[Baroness Anelay of St Johns]

My Lords, the noble Lord has interpreted what has been said in a way that is not accurate. Throughout this process we have always stressed that it is for the Syrians to decide this matter. We have also said that Assad cannot be trusted. That has been proven by his past relationship with us. The peace process is one in which the opposition groups need to come together in security to discuss the future. The Syrian Government have, of course, been part of that process. That is the objective of the UN procedure. That is why the Geneva process, which we hope and expect will be reconvened by Staffan de Mistura later this month, provides an opportunity for the future. As I said, it is not for us to dictate. We have said that we do not think Assad can lead the country to a peaceful future. The Syrians need to have a chance to decide that for themselves. That is what we are trying to provide.

[Lord Green of Deddington (CB)]

My Lords, do the Government recognise that a considerable number of people in the government-held areas are supportive of President Assad? That includes the minorities, including Christians, and a lot of women who have had far more opportunities under the regime in Syria than elsewhere in the Middle East. Do the Government recognise—this is the key point on which I entirely agree with the noble Lord—that the collapse of this regime would lead to the most terrible revenge killing throughout Syria? We cannot allow that. We should keep our fingers out.

[Baroness Anelay of St Johns]

My Lords, where I entirely agree with the noble Lord is that nobody wants to see the collapse of the country. Whether it is the collapse of the regime by negotiated means is a different matter. But, as I stressed, the important thing is for the international community to give the Syrian people the opportunity not just to come together as they are doing at the moment, meeting in separate rooms in the same city, but ultimately to meet in the same room and come to a peaceful conclusion.