UK Asylum and Refugee Policy

Baroness Nicholson of Winterbourne Excerpts

Friday 9th December 2022 Lords Chamber

[Baroness Nicholson of Winterbourne (Con)]

I thank the most reverend Primate for the opportunity that he has given us by challenging us to respond to the enormous problem of forced migration. I speak today about religious persecution as a driver, probably the key driver, for forced migration. We have with us today His Highness Prince Hazem of the Yazidis. All will recall that the Yazidis are perhaps the most persecuted minority of all at the moment. Of course, there are many others as well, but the Yazidis are victims of genocide, which is of course the worst crime in the UN convention assembly.

My colleagues and I have worked hard in recent years to do everything we can to support the Yazidis in their enfeebled situation in camps in northern Iraq and we have come out with one or two important conclusions which I shall put before the House and hope that we may have the opportunity to discuss, privately or in groups, at another place.

We have formed the Windsor Dialogue, under the chairmanship of Bishop Alastair Redfern and with the support of Canon Edmund Newell, Rev Dr Paul Edmondson and other members of Westminster Abbey, including the dean himself. With the Yazidi spiritual council, which is headed by the prince himself, we have tied ourselves to another oppressed and persecuted religious minority which has broken through, become immensely successfully and given us an example of what can be achieved: the Latter-day Saints—the LDS—also known as the Mormons. We have Jeffrey Holland as our co-chairman, and we work hard with Sharon Eubank and the US friends of the AMAR Foundation, which is generating energy to support dialogue.

We brought ourselves together because we learned that the excuse for the genocidal actions by ISIS against the Yazidis was that they were supposed to worship the devil. This has led us to the conclusion, looking in great detail over a number of years at the issue of refugees everywhere and forced migration, that religious persecution is a very important driver of forced migration. Without looking at the religious persecution angle, you cannot recover the lives, livelihoods and agency of those who have been beaten, oppressed and forced to become sex slaves and endure other disgusting activities that humans undertake when they lose their thread of morality.

We have worked intensively in the camps, and have been practical by building, equipping and running health centres. We have also brought in music, IT, English language and business training, and now we are starting to be able to offer jobs. We particularly focused on music because the prayers of the Yazidis are all sung, and we found that the onslaught on them was intensified by the onslaught on their own religion. That meant that those who held the music in their heads—the priests of the Yazidi spiritual council—were the ones whom ISIS was ultimately targeting. Indeed, at one point I could count only just over 10 remaining priests, meaning that the entirety of their equivalent of the Sistine Chapel, Westminster Abbey or Canterbury Cathedral was in the heads of just a very few priests, who were being targeted by their bitter enemy, the ISIS rebels. So we recorded the music with the agreement of the prince of the Yazidis, and it is stored in the Bodleian Library, so it can never be lost again. It has given us an understanding of what happens when your religion is attacked.

It seems that your religion is a key part of your identity, your personality. Of course, in Britain we like to think that religion does not count, and we simply discard the knowledge that 83% of the globe belongs to one faith or another, the principal faith being Christianity, the second being Islam, and then Hinduism and so on; and then, we have wonderful minority faiths such as the Yazidi faith. Understanding the reason for the onslaught was one of our key first efforts, and we have managed to articulate and write down what the Yazidi faith is. The prince’s predecessor, who is sadly dead, said that this was the first time ever that their faith had been properly and accurately written down, without being targeted by an onslaught claiming that it was wrong. The treatment of the Yazidis as a supposed enemy rests on this bizarre concept that they worship the devil. Of course, that is not the case at all, but it is very odd how humans refuse to dislodge an idea when it gets in their heads, and there remains an awful lot of thinking around that idea at the moment. So, first, we understood the reason for the onslaught and then we worked out how to tackle it.

Today, I am very happy to say that instead of a disaster, we now believe that we have a way out and a way forward. In that belief, which we are writing down, researching and will be presenting, we have the support of the UNHCR and the World Health Organization, and we hope very much that the formula we are developing may be of use and value elsewhere too. The Yazidis themselves are very happy to know that their suffering can help others. Much of that formula is based on music, and I am very pleased to say that we have been able to perform to King Charles and in the Bodleian Library, Westminster Abbey and St. George’s Chapel, Windsor: Exaltati, sing unto God, is basically where we are coming from. It is time to restart how we look at refugees by seeing them as a tremendously capable group of people, and to help them flourish, perform, be successful and be victims no longer.

Terrorism: Perpetrator Creed

Baroness Nicholson of Winterbourne Excerpts

Wednesday 25th October 2017 Lords Chamber

[Baroness Williams of Trafford]

As always, the noble Lord makes a very good point. It is the responsibility of leaders in our society to lead by example, and some clerical teachings somewhat stray from that at times. As I said, the free press is something that we hold precious, but we all have a responsibility in our own way, whether as the leader of a church, a Sikh gurdwara or a mosque, to promote cohesive messages, not divisive ones.

[Baroness Nicholson of Winterbourne (Con)]

Does the Minister consider that the results of forced migration from major religious persecution in the Middle East in particular might give rise to greater participation by the UK’s judicial services in helping justice on the ground, which is so badly needed?

[Baroness Williams of Trafford]

Justice on the ground is badly needed, my noble friend is absolutely right. I can only concur with her views in terms of some of the migratory effects and the change in our society.

Istanbul Convention

Baroness Nicholson of Winterbourne Excerpts

Wednesday 12th July 2017 Lords Chamber

[Baroness Williams of Trafford]

The Police and Crime Act increases the sentences for stalking thanks to the noble Baroness, Lady Royall, who is not in the Chamber and who brought that matter to the attention of the House. I agree with what the noble Lord said about the report. It was certainly brought to my attention the other day in terms of training the police. We are looking into that.

[Baroness Nicholson of Winterbourne (Con)]

Given the enormity of the wave of sexual violence against girls and women as well as men worldwide, will Her Majesty’s Government, given their track record of domestic violence legislation coming forward, ensure that countries which have signed and ratified the Istanbul convention make an effort to implement it?

[Baroness Williams of Trafford]

My Lords, it is not for this country to dictate to other countries what they do and do not do. However, I would have thought that in ratifying the convention, those countries had shown good commitment in this area.

Immigration Bill

Baroness Nicholson of Winterbourne Excerpts

Monday 21st March 2016 Lords Chamber

This is therefore a simple and humane amendment, which gives the UK a solid legal basis to push for the recognition of genocide at an international level so that we can then go to the Security Council and say that we have the judicial authority from our judicial system, and press the Security Council to put into action the investigations that are needed. You need to take testimonies from these young women and girls now. That work has to be done, and as we have heard, the chief prosecutor of the International Criminal Court has indicated her willingness to do this once she is given the authority. However, that also means that we can give the kind of help that is needed by providing places, under a recognised scheme, to those who are most in need of the kind of medical help that these girls need. If noble Lords were to listen to the account given by this Yazidi Member of the Iraqi Parliament—the only one—no one in this House could feel anything other than a sense of shame, horror and moral repugnance. We have to say, “It’s not good enough—we have to act now”.

[Baroness Nicholson of Winterbourne (LD)]

My Lords, I speak this evening in the name of those who would undoubtedly qualify under this extremely modest amendment, were your Lordships’ House see fit to pass it.

I have in front of me some evidence in Reports, Resolutions, and Documents in Favor of a Declaration of Genocide by So-Called Isis, Isil, or Da’esh. It is a fairly hefty chunk of material, and I have to ask myself why we, the British people—and we in the House of Lords, who in some ways represent the British population—who have harboured so many victims of genocide over the centuries, are the last to come forward.

Here we have five major reports, from the Office of the United Nations High Commissioner for Human Rights, the United Nations Assistance Mission for Iraq, the United States Commission on International Religious Freedom, the Simon-Skjodt Center for the Prevention of Genocide, and the Knights of Columbus. These are remarkable, full, dense dossiers, which offer evidence. In consequence, we have seven resolutions, which are magnificent in their breadth and human understanding, from the United States Commission on International Religious Freedom, the United States Senate, House of Representatives and Department of State, the European Parliament, the Republic of Lithuania and the Council of Europe Parliamentary Assembly. I am sure that the Minister will notice that those resolutions reflect two great blocs of democracy, although they miss out India; I have nothing from there, as it has its own problems with regard to this. We have the USA and the entirety of Europe—not just the European Parliament or the European Union but the 47-state Council of Europe. That is no mean set of resolutions, and we have 30 appendices with major support.

I offer this dossier to the Minister. It is carefully researched, utterly accurate—and where is the United Kingdom? It is nowhere. Those 30 appendices are all statements to the United Kingdom, to Her Majesty’s Government—they are all requests. One of mine is in there, way back in October 2014. I urged the Ministers in Her Majesty’s Government to look at different ways, given the difficulties of classifying genocide and of using it, which we all know so well. There are many different ways around this that creative lawyers can work out. This modest amendment tonight is yet another effort to try to achieve that same goal, to define genocide against at least one of the religious minorities of Iraq, the Yazidis, and, if at all possible, some of the others. I speak as a Christian, a communicant member of the Church of England.

My request in October 2014 was rather late, because this genocide started much earlier than that. It started in 2003 and went on in 2004 and 2006; it rose to a height in 2007. The minorities in Mosul were forced to leave their homes, and Yazidis were also attacked around the Sinjar area. They were pushed to the Nineveh plain. We knew; we had our military there. We knew absolutely everything, but we did not even talk about it then. By October 2014—some seven, eight, nine and 10 years later—the caliphate’s design to wipe out the Yazidis and attack the other religious minorities was in full swing. It was characterised in just the way that the genocide convention instructs us to look out for and act upon, anywhere and everywhere that we find it. Even if there is only one case for genocide—one individual—we are tasked to act by the convention that we assisted in drafting.

What do I mean by that? Mass kidnap, mass assault, mass design for extinction of a named race, which is distinguished by its race, faith, dress, culture and rituals from others of the same nationality—all of those things make qualifications of genocide. Under all those headings, the Yazidis in particular qualify. They are a distinctive, separate people within the universe of modern Iraq. For example, they have just one religious day a week, Wednesday. They have only one temple; they do not, like the Abrahamic faiths, have many opportunities to worship at different places. They have different dress: yes, the Mandaeans also wear white, but on a Saturday rather than a Wednesday, for example. They have a different social structure entirely from the remainder of their fellow national Iraqis. There are a number of different ways, in their prayer life and their religious rituals, which differ them uniquely; there is no way of denying that.

The mass kidnap and religious persecution that the Yazidis have endured is falsely justified by some peculiar, perverted distortion of Islam, which is shown by the letter from its leader, Mr al-Baghdadi himself, when he quotes verses, pulls them out and distorts or repositions them, so that Islam is said to justify mass rape and mass extinction. There are mass executions, to destroy the bloodline. For a society that is not allowed to marry out or marry in, it is very easy indeed to wipe them out: if you kill the males, the females have no one left to work with. There is also forced marriage and the destroying of infants. I hope that the Minister has never seen or tried to touch an infant of 18 months that has been repeatedly raped; it is a devastating experience. That is what is happening. They are destroying infants, impregnating young girls and forcing conversion. If you destroy the religion, the bloodline and the family structure, you actually extinguish the race. If that is not genocide, nothing qualifies at all.

Because nobody was listening, my colleagues and I brought three young ladies here to talk about it, in June 2015. One of them, Noor, aged 22, said, “They took the men away in cars. In the distance we could see them being killed. The windows in the room we were held in were painted black. Sixty-three Daesh fighters came in and picked girls and started to rape them. I said to the man who picked me, ‘Why are you doing this?’. He said we were kafirs and he would kill us Yazidis as long as he lived. He would rape our women and kill our children”. That is genocide. On her first escape attempt, this poor girl of 22 was caught, brought back and locked in a room with 12 guards, who raped her continuously for 12 hours.

--- Later in debate ---

[Baroness Nicholson of Winterbourne]

In support of this amendment, I remind the House that Britain has been deficient in its treatment of our interpreters. I recall very well that, when the British forces withdrew from Basra in the mid-2000s and we closed, or partially closed, the British consulate—it is completely closed now—three men contacted me in despair and desperation. They were under huge threat; they had worked as interpreters and senior officials in the British consulate and their lives were undoubtedly, in their view, under threat. The evidence they gave me was compelling. I did everything I could; I had no locus, no money, no budget, but by some miracle I was able to persuade a near-neighbouring country to take two of them, temporarily, for what turned into a two-year period before the UNHCR managed to take them out into third countries that were completely safe. The third man, when I said how difficult this was—it was impossible, frankly—said, “Don’t worry about me. I think I’m safer than the other two. I can manage a couple more months before I think they’d find me”. Three weeks later, he was found tortured to death in a shallow grave. I believe that other nations are far more imaginative and constructive in the treatment of interpreters, who are right upfront, known to everybody and, for our services, put their lives at the gravest possible risk and all too frequently lose them. For this reason, I support the amendment.

[Lord Ashton of Hyde (Con)]

My Lords, there are some things that I think we can all agree on. I agree with the noble Lord, Lord Ashdown, on this. We all acknowledge that the locally employed people in Afghanistan and Iraq did tremendous work—the interpreters in particular, because they tended to be on the front line. They put their lives at risk and sometimes put their families at risk, and I completely agree that we owe them a duty to look after them and to be honourable towards them. Where I differ from the noble Lord, Lord Ashdown, in particular, is that we have not had a policy which is shameful; we have tried and we have succeeded in doing quite a lot to support those people.

We do distinguish, it is true, between those who were employed doing more and less dangerous things and we particularly support those who were on the front line in places such as Helmand in Afghanistan, but I assure noble Lords that we are aware of our legal and our moral responsibility to assist those who suffer as a result of conflict generally. Over and above that, we have a comprehensive approach to assisting those in need who are outside the UK, whom the UNHCR considers in need of resettlement and whom we accept under one of our programmes, particularly the Gateway programme and, more recently, as we heard in the previous debate, the Syrian vulnerable persons relocation programme.

We also accept that we have an additional responsibility to those who have worked for the UK Government in conflict zones. Perhaps it would help if I explain briefly what those arrangements are, because I think there has been some misunderstanding. The numbers that the noble Lord, Lord Ashdown, quoted are not correct. In Afghanistan, we engaged around 7,000 staff during our operations, around half of whom were English-speaking interpreters. There are two schemes designed to assist these former interpreters and other locally engaged staff who are in Afghanistan. First, there is the redundancy scheme, introduced in 2013 in response to the military draw-down. For those who qualify, there is a range of in-country packages of assistance, but also, for those who meet certain criteria, relocation to the UK along with their immediate dependants. Under this scheme, up to the end of February 2016 more than 600 Afghan civilians have been relocated to the UK. This is completely distinct from our refugee resettlement programmes.

The second scheme is the scheme that was mentioned by the noble Lord, Lord Ashdown, which is the intimidation policy—personally, I think it should have been the anti-intimidation policy. This is designed to provide advice and support to any serving or former staff member whose safety has been threatened. So that applies to anyone, whether they resigned long before the draw-down or not—anyone can apply under this policy. That is regardless of the dates or duration of their employment or the role that they held working for us in Afghanistan. Anyone who was employed by the Government, or on associated programmes, can apply. Investigations take place and mitigation measures can be put in place. These can range from providing specific security advice to assistance to relocate the staff member within the country. In the most extreme cases, it could mean relocation to the UK. We have supported around 300 staff members through this intimidation policy, which is regularly reviewed. In the case of Iraq, the numbers are rather larger.

Protection of Freedoms Bill

Baroness Nicholson of Winterbourne Excerpts

Wednesday 15th February 2012 Lords Chamber

[Lord Judd]

My Lords, I welcome this amendment and commend it most strongly to the Government. I am also glad to hear the Minister’s indication that the Government are going to look sympathetically and positively at what the amendment says and what lies behind it. I will make a couple of points. First, it is particularly significant that the amendment stands in the name of the noble Lord, Lord McColl. The noble Lord is not a man who indulges just in rhetoric—his humanitarian commitment is demonstrated in his own direct work, for example in west Africa. When somebody with practical demonstration of human concern speaks out, it is always doubly important to listen. The noble Lord and the other supporters of this amendment have of course spoken up for civilised values and are trying to give some substance to what we like to say this society is about—what we believe the England, or the United Kingdom, we want to live in is about, when it comes to a pressing social issue. By putting the amendment forward so well, it seems to me that they have also endeavoured to give substance to the commitment that we gave before the world when the conventions were being drawn up. It is not just about what the conventions demand—we were speaking up positively in favour of the conventions. It is therefore particularly disgraceful when we have situations that contradict what those conventions say.

I want to say one other thing. Very recently, we were celebrating Charles Dickens’s 200th anniversary. I have absolutely no doubt whatever that, had Dickens lived today, he would have been writing powerfully about this story. My noble friend Lady Massey has spelt out the realities. Of course, another reality is the damage that is done to the future lives of children in this predicament—the potential delinquency and all that follows from that; the potential recruitment to ugly causes that could easily arise from experiences of this kind.

Most important of all, we talk about the need for expertise and people with knowledge of the law who will be able to find practical solutions because they are professionally qualified to do so. That is crucial, and we do not want to go down the road of sentimentality; but at the same time, what would Dickens have brought out? Dickens would have brought out that child’s loneliness and isolation when faced with all the awe of the legal system and the immigration administration, however well intentioned the people within it might be. Dickens would have brought out that that child desperately needed a friend—it is not just expertise they need, but friendship to help them build their lives and future. They need love. Why do we, in this House, always hold back from talking about the importance—the muscular importance—of love in our society? Those children need love.

However, for love to be effective, it must be backed by serious work and commitment, from people with serious and relevant qualifications bringing them to bear. We will not find a solution simply by good, decent, administrative intent; we will find it by the quality of the relationships. In speaking out as I do on this point, it should be stressed over and over again that this is not just a matter of the responsibility of the immigration or other authorities, it is our whole society’s responsibility. Dickens would have wanted to wake up the nation, as a community, to the reality of the situation in its midst. There has to be an awakening of social and public responsibility across this land, if we are to find the real and lasting solutions to not just this issue but all the issues of which this is a particularly acute symptom. I, for example, would love for this amendment to have gone a little further. I do not think it would have been practicable in this context but, perhaps at some stage the amendment could be taken forward to include all children in the immigration system who find themselves alone, not just the children who are victims of trafficking.

[Baroness Nicholson of Winterbourne]

The Minister’s reply to the amendment of the noble Lord, Lord McColl, the noble and learned Baroness, Lady Butler-Sloss, and others has been most warmly welcomed. When he examines this, will he put his mind to the further thought that trafficked children are highly likely to be retrafficked? This splendid amendment has an underlying assumption that somehow the children will be safe forever once they are here and there is a legal guardian and a framework around them. Of course, that is not the case. Trafficked children are hugely vulnerable. Naturally, there is a point in this amendment that locates their parents again and very probably, in most cases, an effort will be made to restore them to those parents. However, the volume of children who are retrafficked is dramatic and appalling. When they consider this amendment in such a positive light, I wonder whether the Minister and indeed the department will think about trying to stop the trafficking at source.

I declare an interest as president of a charity registered in Romania, which has been working against traffickers in Romania for 20 years. There is a great deal that we from this country can do for other developed nations, including Romania which is the subject of all sorts of trafficked children from Moldova, Russia and China. They pour through rather large and porous borders, and many of those children end up here. Vast numbers of them are then retrafficked.

I wonder whether the Minister could consider the next step of putting a great deal of focus on how to strengthen at source the anti-trafficking barriers. In fact, a predecessor of the Minister loaned some senior police from Scotland Yard for a short time to work in situ on providing training. That made a huge difference. We may do everything we possibly can for children who arrive here, but they will be rotated again and come back unless we take some measures to stop the trafficking at source.

UK Border Agency: Visas and Passports

Baroness Nicholson of Winterbourne Excerpts

Tuesday 11th January 2011 Lords Chamber

[Baroness Nicholson of Winterbourne]

I, too, am most grateful to the noble Baroness, Lady Hooper, for giving us the opportunity to debate this important subject. I have always received courteous and helpful responses from the UK Border Agency whenever I have had reason to contact its officials, either in country or in Whitehall. My most recent experience was of a difficult case that peaked over Christmas and New Year. Throughout that most difficult period, with constant telephone calls from me and my staff, we received nothing but helpfulness, for which I thank the agency.

The UK border officials discharge an exceptionally taxing task effectively and well, despite the considerable pressures that the agency and its staff are under constantly. They deal with one of the most basic human needs and desires: the freedom to move. With people in difficulty and trouble, there will always be an enormously emotional, as well as an effectively practical, exchange with the staff. The many people whom I have invited over the years from central and South America, the Middle East, central and eastern Europe and other places have never commented adversely on their treatment, even most recently, from the UK Border Agency. On the other hand, the policy is something that gives rise to considerable, consistent and powerful objections from all quarters.

The hub-and-spoke policy creates a routine that I and my visitors have experienced. It needs profound review and total overhaul. Noble Lords have spoken of many instances, but there are hundreds more available. I give just one. About a year ago, I invited 12 Iraqi high tribunal judges to visit me in Westminster so that they could see our own new supreme constitutional court and meet high-level judges both here and throughout the country. Some of those judges had already spent many months here on many occasions and were familiar with the United Kingdom, because we had been offering them training. The hub-and-spoke policy meant that those judges had to travel from Baghdad to Beirut and to stay there for more than 10 days awaiting visas. This is the most extraordinary process that any of us have ever experienced.

I can give your Lordships many more instances from different parts of the world, impacting not just on high-level judges but on businesses, industry, tourists and visitors. I do not wish to take up noble Lords’ time, but surely implementing this policy must be deeply frustrating for UK Border Agency staff. I believe that the policy gives an insurmountable barrier to visitors on grossly unfair grounds. Who can afford to travel to the hub of the spoke system and stay there for many days awaiting a visa that they may or may not get? It is simply not a possibility. At the spoke end, staff of the British embassies become deeply and greatly frustrated because they face the frustration of those who apply, are told to travel, cannot travel and have to go away. Yet the British embassy staff are those who, at all times and in common with the UK Border Agency, are putting forward the best of Britain—the best face of the Untied Kingdom—and presenting us in our most positive light.

The hub-and-spoke policy, I therefore suggest, gives a shockingly false picture of our traditional welcome to visitors and guests to the United Kingdom. I suggest that this policy has failed lamentably and that the Government should review it as an urgent preoccupation and priority. After all, has the Foreign Secretary not declared that economic movement, investment, trade and business should be at the heart of foreign policy? Yet if businessmen cannot visit the United Kingdom without this extraordinary formulaic lunacy, how on earth is that foreign policy to be achieved? We believe powerfully—do we not?—in democracy and the rule of law, yet we put up these barriers in a policy that all who have discussed it with me at official, political or personal level have declared to be an utter disaster. I beg the minister to change it.