Global Human Rights Sanctions Regulations 2020
Debate between Earl of Courtown and Baroness Healy of Primrose Hill
The Earl of Courtown (Con)
My Lords, I thank the noble Lord, Lord Clement-Jones, for tabling this debate and all noble Lords for their insightful contributions. I will try to address all the points raised, but if I cannot I will write to noble Lords and place copies in the Library.
On 6 July 2020, the Government established the global human rights sanctions regime by laying regulations in Parliament under the Sanctions and Anti-Money Laundering Act 2018. This sanctions regime gave the UK a powerful new tool to hold to account those involved in serious human rights violations or abuses. The regime is not intended to target individual countries, but allows for sanctions to be imposed on individuals and entities involved in serious human rights violations or abuses around the world.
The global human rights sanctions regime reinforces the UK’s role as a force for good and defender of the rules-based international system. It complements and enhances the UK’s global leadership of the promotion and protection of human rights around the world. It also enable the Government to use asset freezes and travel bans against those involved in serious human rights violations and abuses. The measures can also be applied to those who facilitate, incite, promote or support perpetrators of human rights violations or abuses. This includes those who profit or benefit from the violations or abuses. The human rights included within scope of the regime are: the right to life; the right to not be subjected to torture or cruel, inhuman or degrading treatment or punishment; and the right to be free from slavery, nor be held in servitude, nor be required to perform forced or compulsory labour.
Since we launched our global human rights sanctions just under a year ago, we have designated nearly 80 people. This includes designations for those involved in some of the most notorious human rights violations in recent years mentioned by noble Lords, including in Belarus, Myanmar, China, Russia and North Korea. The designations that we have put in place demonstrate that the UK will use these sanctions to stand up for human rights, including in support of the rights of those from minority groups.
On 22 March, the Foreign Secretary sanctioned four Chinese Government officials, and the public security bureau of the Xinjiang Production and Construction Corporation, for their role in the serious human rights violations that have taken place—and persist—against Uighur Muslims in Xinjiang, as mentioned by noble Lords. These measures were taken alongside the US, Canada and the EU, sending the clearest possible signal that the international community is united in its condemnation of China’s human rights violations in Xinjiang and on the need for Beijing to end its discriminatory and oppressive practices in the region.
Just this Monday, the UK, along with the EU, US and Canada, imposed sanctions against individuals from across the Belarusian regime, in response to the detention of Roman Protasevich and Sofia Sapega, following the unlawful diversion of the Ryanair flight last month, and for the continued suppression of democracy and human rights in Belarus. Although these designations were imposed under our Belarus regime rather than our global human rights regime, noble Lords will see that protecting human rights is a central issue in these new sanctions.
We are debating the effectiveness of the global human rights regime. As mentioned by noble Lords—including the noble Lord, Lord Anderson, and the noble and right reverend Lord, Lord Harries of Pentregarth—this regime came into action last July, so it is less than a year old. One must bear in mind that sanctions are a long-term policy tool, and their full impacts and effects become clear only with time.
The noble Lord, Lord Browne of Ladyton, spoke of the wider policy approach, but this is part of a wider policy approach and will be most effective in conjunction with other policy interventions, and with the support of our international partners—as mentioned by other noble Lords, our partners in the US, Canada and the EU. I note that Australia is also looking at Magnitsky regulations as we speak.
That said, our global human rights sanctions regime has drawn attention to some of the most critical situations in the world. It has established a deterrent to those who might commit human rights violations and abuses. It has helped to build a coalition of key allies—which is really important—calling for improvements in human rights around the world. It has focused attention on China’s policies in Xinjiang and raised a reputational cost for those looking to benefit from China’s activities there. It has also sent a strong message in response to events in Belarus. These signals will be heard not just by those immediately designated but by perpetrators and victims of human rights violations and abuses around the world.
It is also important to regularly review our sanctions to ensure that they are still fit for purpose. As required by Section 30 of the Sanctions and Anti-Money Laundering Act 2018, the Government will report annually to Parliament on all sanctions regulations and whether the regulations remain appropriate for the purposes stated within. In addition, as raised by other noble Lords, we will conduct periodic reviews of autonomous sanctions designations every three years under the sanctions Act.
I will come to the questions raised by noble Lords. The noble Lord, Lord Clement-Jones, raised issues relating to Ryan Cornelius, and I know that the noble Lord has had a number of meetings with responsible Ministers from the other place. As noble Lords will be aware, the Foreign, Commonwealth and Development Office continues to be in contact with Mr Ryan Cornelius and his family to provide consular assistance. Consular officials have raised Mr Cornelius’s health concerns with the local authority and continue to ensure that he receives appropriate medical treatment.
The noble Lord, Lord Anderson, was asking about how we make decisions on who to sanction. All decisions must be taken in accordance with the designation criteria set out in the regulations. We have published a policy note setting out factors likely to be relevant to designation decisions. We also, as the noble Lord asked, consult with NGOs. We have published an information note aimed at NGOs and civil society organisations to support dialogue with the Government. As set out in the information note for NGOs, we need the following information. What is the activity that justifies the application of sanctions? Who is the person? How and to what extent is the person involved in that activity?
The noble Lord, Lord Austin, raised the issue of Navalny and Belarus and was asking why we have not sanctioned those involved in Navalny’s detention. We have called on Russia to fully declare its Novichok programme to the OPCW and to conduct a thorough investigation into Mr Navalny’s poisoners. The UK applied sanctions last October to six individuals and an entity involved in his poisoning. We continue to work with our international partners to hold Russia to account, and we will continue to consider designations guided by the purpose of the regime and based on the evidence.
The noble Lord, Lord Browne of Ladyton, brought up the subject of economic crime. Her Majesty’s Government are committed to combating illicit finance. We have strengthened our response through the landmark plan published in July 2019, which brought together government, law enforcement and the private sector to deliver a whole-system response to economic crime. A key pillar is the money laundering regulations of 2017, which regulate and supervise all businesses most at risk of enabling money laundering—including financial institutions.
The noble Lords, Lord Anderson and Lord Browne of Ladyton, asked how Her Majesty’s Government will monitor and evaluate sanctions regimes. Her Majesty’s Government will report to Parliament annually, as I said earlier, and as required by Section 30 and 32 of the sanctions Act. We will report annually to Parliament on all sanctions regulations.
The noble Lord, Lord Austin, and the noble Baroness, Lady Kennedy of The Shaws, mentioned two individuals: Mr Gutseriev and Mr Oleksin. We have already imposed over 100 designations in response to the fraudulent elections and subsequent human rights violations in Belarus. We will continue to keep all evidence and potential listings under review guided by the objectives of the UK sanctions regime. However, it is not appropriate at the moment to speculate on who may be designated, as to do so could reduce the impact of those designations.
The noble Lord, Lord Hain, brought up the subject of the Gupta family and South Africa. As he is very much aware, Ajay, Atul and Rajesh Gupta and their associate, Salim Essa, were at the heart of a long-running process of corruption in South Africa, which caused significant damage to its economy. We sanctioned these individuals under the global anti-corruption sanctions regime. While the imposition of sanctions is at the discretion of the Secretary of State, Her Majesty’s Government cannot advise operationally independent agencies on which cases to take on.
The noble Baroness, Lady Kennedy of The Shaws, mentioned the media—I will have to go through this quite quickly. We launched a media freedom campaign in November 2018 and, as part of the campaign, the FCO helped to launch the Media Freedom Coalition and the Global Media Defence Fund.
The noble Baroness also mentioned the high-level panel of legal experts. The sanctions regime meets a number of the recommendations set out in their report, including the ability to respond to serious human rights abuses and violations globally. It can apply to non-state actors, including companies, and to secondary participants; it is not limited to officials.
The noble Baroness, Lady Jones, brought up the subject of Hong Kong. The Government have taken clear and decisive actions in extending our existing arms embargo on mainland China to include Hong Kong, suspending the extradition treaty with Hong Kong and creating a new visa route for British nationals (overseas). We have raised this matter with our international partners at the UN Human Rights Council and at the recent G7 summit. We will continue to engage and co-ordinate actions with our international partners as befits our historic commitment to the people of Hong Kong.
I have not answered all questions, but I will write to noble Lords on those that I have not answered.
To ensure our sanctions have maximum effect in the future, when setting out new sanctions we are likely to consider cases where we can co-operate and co-ordinate with our international partners and where our action is most likely to have a positive impact on the underlying situation. This is because, in practice, targeted sanctions are most effective when they are backed by co-ordinated, collective action.
The Deputy Chairman of Committees (Baroness Healy of Primrose Hill) (Lab)
The Grand Committee stands adjourned until 3.35 pm. I remind Members to sanitise their desks and chairs before leaving the Room.