Migration: Trafficking

Lord Alton of Liverpool Excerpts

Monday 1st June 2015 Lords Chamber

Asked by

[Lord Alton of Liverpool]

To ask Her Majesty’s Government what progress they and their international partners have made in deterring the trafficking of migrants and creating safe havens in North Africa and the Middle East.

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

My Lords, since the extraordinary European Council in April, EU member states have agreed to establish a military CSDP operation to disrupt trafficking and smuggling networks. That is a considerable achievement, but we also need to address the root causes of that migration, so we are taking forward initiatives in source and transit countries. The regional development and protection programme in the Middle East is one model that we may be able to develop further.

[Lord Alton of Liverpool (CB)]

My Lords, I am grateful to the noble Baroness for that reply. Does not the news that HMS “Bulwark” rescued 741 migrants on Saturday, that more than 4,200 migrants, including young children, were rescued on Friday, that more dead bodies were added to the 1,800 corpses recovered this year, and that new people-smuggling routes are being opened to Greece, underline the scale of this human catastrophe? Against that backdrop, do the Government support the creation of safe havens? Do they support last week’s calls from the European Union for relocation and resettlement plans, and how do we justify the pitiful 187 places provided in the United Kingdom against Germany’s 30,000 places and Lebanon’s 1.2 million? Are we any nearer to ending the causes of this exodus from hellholes such as Libya and Syria, to which the noble Baroness referred a moment ago?

[Baroness Anelay of St Johns]

My Lords, there were several crucial questions there, and I know that we will have the opportunity to develop them further in short debates. There has to be no doubt that this is a human catastrophe, caused by those who are making billions out of illegal trafficking and smuggling individuals. It is important that the policies that we adopt deal, first, with the humanitarian approach, which is what HMS “Bulwark” is involved in—and, secondly, break that link between travelling on the boat to get here and the certainty of getting settled. If we can do that, we can break the smugglers’ grip on these people, for whose lives they care nothing. That is the link that we must break. So it is important to provide some humanitarian way in which to give hope to those who are travelling that they can go back, or have safety where they are in north Africa, but let them understand that there will not be settlement here. As I said on Thursday, if we offer settlement to 1,000 people, what do you say to the 1,001st person? Do you say, “No, our door is closed.”?

Queen’s Speech

Lord Alton of Liverpool Excerpts

Thursday 28th May 2015 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, in welcoming the talented team of Ministers who have responsibility for international affairs and security issues, I see that it is clear from the debate today on the gracious Speech that there is no shortage of challenges facing them. In my remarks, I should like to follow those who have spoken about the challenge that is posed by ISIS.

Last week, the barbaric beheadings in Palmyra, accompanied by the blitzkrieg of antiquities and ancient colonnades, graphically illustrated the nature of the depraved ideology that animates ISIS or Daesh, while, in a double victory, its capture of Ramadi underlines the serious threat that it poses and, as other noble Lords have said, the urgency with which we must re-evaluate our military and diplomatic approach.

ISIS may call itself a state but, despite its name, it is not a state, merely a cruel ideology. As a report published today reminds us, ISIS continues to attract adherents from the United Kingdom, including young women whose allegiance and imagination we have failed to capture. The orgy of violence for which ISIS has been responsible, and which has already destroyed the ancient Assyrian city of Nimrud, along with Hatra and Khorsabad, accompanied by the carnage and slaughter of innocent people, cannot be left uncontested, neither at a military level nor in the battle for ideas. We are pitted against an ideology that thinks nothing of defiling Shia mosques, destroying Christian churches, blowing up Afghanistan’s Bamiyan Buddhas and eradicating the Sufi monuments in Mali. It was Edmund Burke who remarked that, “Our past is the capital of life”. What we are witnessing is an attempt to eradicate the past and eliminate humanity’s collective memory, while cynically smuggling and selling on the antiquities that are not destroyed to fund this campaign of mass murder.

Last month, jihadist ideology led to the deaths of 147 students and staff in Kenya’s Garissa University College, with Christian students specifically singled out; to the burning alive in a kiln of a Christian couple in Pakistan by a mob of 1,300 people while their young children were forced to watch; to the abduction of young girls in Nigeria by Boko Haram; to the beheading in Libya of 21 Egyptian Copts who were working there; and to the beheading of 30 Ethiopian Christians trying to flee these depravities.

Since 2011, more than 4 million Syrians have been killed or forced to flee their homes, with around 30,000 people added every single day to the 140 million people worldwide who are affected by conflict or natural disasters such as that which has occurred in Nepal. Is it any wonder that the desperate, from Rohingya Muslims to Middle Eastern Christians, take to the high seas to try to escape? Since 2011, of the 4 million Syrian refugees, the United Kingdom has offered shelter to just 187, a point that my noble friend Lord Williams referred to in his excellent speech. Let us compare that to the 1.2 million refugees that Lebanon has accepted. Of course, the long-term answer is for people to be able to return to live in peace in their own homes, but we are further away from that than ever.

Echoing what the noble Baroness, Lady Helic, said earlier in her magnificent maiden speech, I say that today’s realities in the region were spelled out by the United Nations Special Representative on Sexual Violence in Conflict—an issue in which I know the noble Baroness, Lady Anelay, has taken a particular and significant interest. The special representative reported last week that young Iraqi and Syrian women, particularly from the Yazidi community, are subjected to the most traumatic, degrading and inhuman treatment before being sold in slave markets to the highest bidders. Human Rights Watch reported on the girl, referred to by the noble Baroness, Lady Hodgson, who had been traded more than 20 times, but that same report describes how traumatised girls had been banned from using headscarves after some used them to hang themselves. At the start of this Parliament, I hope that the Government will take more effective action to have those responsible for such atrocities brought to justice before the International Criminal Court, a move that we should initiate in the Security Council. Championing and upholding the rule of law is the antidote to this ideology, not assassination squads or endless bombardments.

We also need to create more safe havens, a point which my noble friend Lord Hylton and I and other noble Lords from all sides of your Lordships’ House addressed recently in a letter to one of the national newspapers. We need to do that in the affected regions to stem the flow of migrants. We need also to promote Article 18 obligations. When a country like Saudi Arabia passes legislation defining atheists as terrorists, beheads its citizens, and refuses to protect the right of minorities to follow their beliefs, or to have no belief, is it any wonder that such actions are mimicked by Daesh? The noble Lord, Lord Wallace of Saltaire, referred earlier to Saudi pressure on the United Kingdom to draw up a report on the Muslim Brotherhood. Perhaps when the Minister comes to reply she will tell us when that is likely to be published.

At the heart of all these issues is the challenge of learning to live together and of respecting difference. Our failure to make the battle of ideas a priority was underlined recently in a reply to the Member of Parliament for Westmorland and Lonsdale, Tim Farron, when it was stated by the Foreign Office that just,

“one full time Desk Officer”

is,

“wholly dedicated to Freedom of Religion or Belief (FoRB)”,

and that,

“the Head and the Deputy Head of HRDD spend approximately 5% and 20% respectively of their time on FoRB issues”.

Understanding authentic religion and the forces that threaten it is more of a foreign affairs imperative than ever before, and the resources we put into promoting Article 18 should reflect that reality. I hope that freedom of religion and belief will be a specific priority in the FCO business plan and that the Government will make common cause with the Labour Party, which gave a manifesto commitment to appoint a special envoy to promote Article 18. I also hope that, in the battle of ideas, we will think again about our foolish cuts to the British Council budget, from £190 million to £154 million. We should not emasculate the BBC World Service. We should promote the Commonwealth, as the noble Lord, Lord Howell of Guildford, said in his remarks, particularly as an agency for education in parts of the world that will change only with the opportunities of education.

In conclusion, it is sometimes suggested that Britain should retreat from the world and relinquish our international responsibilities. How right was that great Pole Maximilian Kolbe, who was murdered by the Nazis at Auschwitz, who said:

“The most deadly poison of our times is indifference”.

Such indifference would be bad for Britain and even worse for the rest of the world.

Syria

Lord Alton of Liverpool Excerpts

Tuesday 10th February 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I entirely agree with the sentiments behind the noble Lord’s question. The behaviour of Assad’s regime and ISIL in the area in targeting and attacking minorities, particularly Christians, is inhumane. They appear to be taking action that would strip out some minorities, including Christians, from that area. The noble Lord is right: the Human Rights Council sits in March. Pending the decision of my noble friend the Chief Whip, I hope to be able to attend and make the representations that the noble Lord invites me to make.

[Lord Alton of Liverpool (CB)]

My Lords, in her initial reply to the noble Baroness, Lady Kennedy, the Minister said that she wanted these issues referred to the International Criminal Court. Does she recall that, last August, the commission of inquiry established by the United Nations called for a referral to that court? It has carried out 480 interviews and drawn up confidential lists of those who ought to be prosecuted. Where have we reached in the judicial process?

[Baroness Anelay of St Johns]

My Lords, I regret to say that, with regard to the judicial process through the ICC, reference to the ICC by the United Nations Security Council was blocked by two members of the 15-strong Security Council: Russia and China. It is indefensible that Russia and China prevented us and the rest of the members of the United Nations referring this matter to the ICC.

Raif Badawi

Lord Alton of Liverpool Excerpts

Tuesday 20th January 2015 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, the noble Lord, Lord Bach, goes to the heart of the problem and I am grateful to him. Saudi Arabia has signed up to the convention against torture and is therefore in breach of that. We have made our own representations on that very clear. My right honourable friend the Foreign Secretary made it clear today in the House of Commons that we deplore this kind of corporal punishment being applied and we will continue to make representations at the highest levels. Later this week, my right honourable friend the Foreign Secretary will make representations to the Saudi Government when their representatives are in London to discuss other matters relating to ISIL. I undertake to keep the House informed as and when any progress is made. Certainly, discussions continue and we have co-operated within the EU on matters of démarche on this issue too.

[Lord Alton of Liverpool (CB)]

My Lords, on freedom of speech, does the Minister agree that this is not just about freedom of expression but, under Article 18 of the 1948 Universal Declaration of Human Rights, about the freedom to believe or not to believe, as in the case of Raif Badawi? In addition to torture, does she not agree that the reported 90 beheadings last year— 10 in this past month alone—in Saudi Arabia are one reason why groups such as Daesh have been able to take the law into their own hands in places such as Syria, emulating what has been done routinely in Saudi Arabia?

[Baroness Anelay of St Johns]

My Lords, one of the priorities of the Foreign Office is that the death penalty should be abolished throughout the world. However, it is clear that Saudi Arabia is not yet in a position where it will consider that. Sharia law is part of the very nature of its operations in the judiciary, and therefore we are not going to move to abolition. However, that does not stop us making strong representations about it. The House can be assured that at every opportunity I make the point that the death penalty does not work—quite simply, it is wrong in itself. The more we can explain that to countries around the world, the more we can improve the kind of result that we had in the United Nations vote before Christmas and the more we can persuade other countries to follow the right route, which is to abolish the death penalty.

ISIL

Lord Alton of Liverpool Excerpts

Tuesday 14th October 2014 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, with regard to Iraq, the position was set out clearly in the recall of Parliament, and my noble friend the Leader of the House repeated that. With regard to Syria, there are arguments that there is a legal basis in international law; namely, where there is a humanitarian disaster, action may have to be taken. What I can say clearly is exactly what the Prime Minister and the Leader of this House have said; that is, if we get to a position where it is felt appropriate to move to further engagement and if there is a knowledge ahead, a premeditation, of taking further action, then nothing will be done unless the Government return to Parliament to have that matter considered.

[Lord Alton of Liverpool (CB)]

My Lords, in her reply, the Minister mentioned the importance of an inclusive Government in Baghdad. Given the number of Sunni Muslims who have been antagonised by the kinds of policies that have been pursued in the past, can she say what more is being done to prevent them becoming a fertile breeding ground for IS? Will she say a word also about the position of the Yazidis, Christian minorities and others, who are without adequate accommodation as the winter months now approach?

[Baroness Anelay of St Johns]

My Lords, there are two different strands there; I will refer to the humanitarian effort first. Clearly, as winter draws in fast, the humanitarian effort has to be directed at preventing people from dying of hypothermia. It is a most serious matter. I know that DfID has clearly worked hard on that, and, I understand, so have our partners. I discussed those matters with the president of the International Committee of the Red Cross when I was in Geneva last month. With regard to the way in which minorities have suffered in the existing crisis, it is clear that life in the whole area for Christians and other minorities is deeply distressing. We certainly discussed repeatedly with the Government of Iraq how that might be resolved. I can say to the noble Lord, Lord Alton, that when Foreign Office Ministers visit the region, they always meet the Christian communities to discuss their concerns. My honourable friend Mr Ellwood, in his visit at the end of August, specifically raised the persecution of Christians with the then Foreign Minister Zebari and other senior officials. It is something that we take very seriously.

The Bilateral Agreement for the Promotion and Protection of Investments between the United Kingdom and Colombia

Lord Alton of Liverpool Excerpts

Wednesday 30th July 2014 Grand Committee

[Baroness Hooper (Con)]

My Lords, as someone with a strong interest in Latin America and as a member of the European Union Select Committee, it is important to question the Government on this bilateral agreement. I congratulate the noble Lord, Lord Stevenson, on having spotted the need and opportunity for this debate, and on setting out the background so clearly.

There are three main areas of concern, which have already been referred to and no doubt will arise in other contributions. First, the treaty excludes important reforms currently being considered at European Union level in relation to the Transatlantic Trade and Investment Partnership between the European Union and the United States, on which the European Union Select Committee has reported. These are designed to mitigate some of the serious problems associated with investor-state dispute settlements.

Secondly, it does not contain human rights obligations on investors in spite of the Government committing to this in our recent national action plan on the United Nations Guiding Principles on Business and Human Rights. Thirdly, it creates legal uncertainty and could undermine the land reforms referred to by the noble Lord, Lord Stevenson, which are vital to the peace process in Colombia. In that, the treaty is inconsistent with other areas of government policy which seek to support human rights and peace in Colombia.

However, I would go further. Although this is a general point which could affect all trade treaties, it has particular significance for Colombia. If we think that United Kingdom companies operate to high levels and standards in other areas which have not been emphasised, we should seek to replicate those standards and levels in our international trade treaties. For example, corporate social responsibility could and should be encouraged, and referred to in these agreements. A company’s involvement in social issues in its neighbourhood and community are well appreciated and are now the norm in the United Kingdom. UK companies equally should feel obliged to follow similar standards in their operations overseas.

By the same token, environmental interests and concerns should be taken into account. I am interested to see that the department’s leaflet referring to the EU-US trade treaty refers to the fact that the high environmental standards and targets which we now have in place in this country are non-negotiable. I believe that in order to encourage that there should be a system of green points for those companies which commit to action in this area. For example, a project in Colombia with which I have become involved focuses on the Media Magdalena valley, an area which during the difficult terrorist periods was completely closed. People moved away and, therefore, flora and fauna had a wonderful time getting on without human interference.

Now that the peace process is proceeding, people are beginning to go back. Illegal gold mining is already taking place, which introduces mercury into the river and waterways, and into the food chain for animal life. This project is being co-ordinated by Neil Maddison, head of conservation at Bristol Zoo. Its aim is to help to preserve wildlife, flora and fauna in general, and to encourage people who go back to live in the area and companies which intend to invest in the area to observe the highest possible standards. That does not go quite as far as a national park regime—it falls a little short of that—but it would gain those companies green points. I believe that that very much is the way forward.

This is an important issue and it is a very good opportunity to ask the Government to comment on not only this trade treaty and any possible changes that could be made to it but to further push our high standards in our overseas commitments.

[Lord Alton of Liverpool (CB)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Hooper, whose knowledge of Latin America is probably unparalleled in your Lordships’ House. She and I are both members of the All-Party Parliamentary Friends of CAFOD, for which I serve as treasurer. A few months ago, with the Labour Member of Parliament, the right honourable Tom Clarke, who chairs that group, I met a group of Colombian human rights advocates, indigenous Colombians and Afro-Colombians, who were in the UK as guests of that charity. CAFOD is also part of the coalition ABColombia, which is an alliance of CAFOD, Christian Aid, Oxfam, SCIAF and Trocaire. I was profoundly moved by the commitment of those who have put their own lives at risk in working for peace and human rights in Colombia, but also shocked by the scale and nature of some of the egregious violations of human rights which they described. I promised them that, if the opportunity arose, I would try to draw Parliament’s attention to the dangers that they faced. Therefore, I am particularly grateful to the noble Lord, Lord Stevenson of Balmacara, for moving this Motion today, which gives us the opportunity to raise questions and to do just that.

--- Later in debate ---

[The Minister of State, Department for Business, Innovation and Skills & Foreign and Commonwealth Office (Lord Livingston of Parkhead) (Con)]

My Lords, I thank the noble Lord, Lord Stevenson, for proposing this debate and I thank other noble Lords, particularly on the last day of the session, for their contributions. I know that many in this House take a close interest in Colombia, the progress that that country has made and the challenges it has faced over recent years. As I think noble Lords will be aware, this matter has also been debated in the other place.

I make it clear at the outset that the Government believe that the UK-Colombia investment treaty will benefit both countries. It will encourage increased levels of investment that will contribute towards economic growth, which I believe is in everyone’s interests. This view is shared by the democratically elected Colombian Government. They ratified this treaty in 2013 and have been pressing since then for the UK to ratify it as soon as possible. They have stated that they believe it will stimulate investment flows, guarantee the transparency and protection of investments within the standards recognised by international law, strengthen Colombia’s commercial ties with the rest of the world and guarantee equal treatment to Colombian investors in the UK.

In the next few years, there will be significant investment opportunities in Colombia in sectors where British companies are world leaders, including infrastructure, extractives, education, science and innovation. With the investment treaty in place, I believe that British companies are more likely to invest in projects which will help to deliver the right answer for Colombia. Colombia has investment treaties with many other major trading partners, including the US, China, India and Spain. They have also recently reached an agreement with France and it is right that UK investors should enjoy similar protections.

A number of concerns have been expressed in this debate and in other fora. I believe that some fears are exaggerated, but I understand them. First, it is suggested that the treaty will harm Colombia by impacting on the ability of the Colombian Government to regulate because of the risk of having to compensate investors who may bring compensation claims under the agreement, particularly through the ISDS clause, which has been mentioned.

Before I deal with individual questions, some facts are useful. For example, the UK has 94 such agreements. In aggregate, if you add them all together, they have been in existence for more than 2,000 years. There have been two cases and neither of them have been successful. The point about ISDS clauses is that they kick in only when there is not sufficient domestic process to deal with such matters. ISDS clauses are instead of adequate domestic processes. In that context, it is worth pointing out that I do not believe that Colombia has ever faced an ISDS claim.

However, despite the fact that history tells us that that is not a route for corporates to override domestic policy—a view that many have expressed—we have sought to modernise the ISDS clause to protect the state. Several noble Lords have mentioned TTIP and CETA. Although this agreement was made before they were, it contains many of the items raised in relation to TTIP. We cannot replicate the TTIP clause—not least because the TTIP clause does not exist. In fact, there is some debate in the EU whether there will ever be an ISDS clause in TTIP. I think that there may well be.

I would like to go through some of the protections in the treaty. First, it excludes shell companies from investment protection. That is important because some of the more egregious uses of ISDS clauses between third-party countries have been through the use of shell companies. There are also measures to prevent vexatious or frivolous claims. The scope of what is deemed to be fair and equitable treatment is limited; that is important. Indirect expropriation is explicitly defined; I will mention that later in relation to public policy matters. Investors must pursue resolution through the domestic legal system first for six months before submitting the claim. Having read through the treaty again, it aims to cover many of the issues raised.

Taken as an overall package, this is designed to discourage speculative claims. The Colombian Government and the UK Government negotiated it at some length. Investors should rightly have grounds for a claim if they have suffered discriminatory and genuine mistreatment. It has been used in other countries in that manner. By prioritising domestic resolution, ISDS itself would represent a last resort.

The noble Lord, Lord Alton—and, I think everyone else—raised issues about human rights. Of course, in Colombia, this issue is complex and difficult. The Government recognise the progress that the Colombian Government have made in tackling human rights issues, but clearly they are not there yet. There are still challenges and more that can be done to improve the situation in Colombia, especially for human rights defenders, victims and land restitution claimants and to prevent sexual violence. The UK Government will continue to discuss the matter and raise it with the Colombian Government.

The continuing armed conflict is one of the major issues—

[Lord Alton of Liverpool]

Before the Minister leaves that point about monitoring the situation, several noble Lords suggested having a formal mechanism in the department and within the Foreign and Commonwealth Office to log each year our assessment of human rights in Colombia and how they are being impinged on by business interests. Will he do something more formal than simply saying that it is an issue that concerns the Government?

[Lord Livingston of Parkhead]

I was going on to talk about the FTA, which covers a number of human rights issues and discussions. I will discuss with my colleagues in the Foreign Office the monitoring and reporting of human rights in Colombia as a more general issue. It is clearly one area of the world—regrettably, there are many—which has been a challenge.

The armed conflict is one of the main sources of the problems in Colombia. Like the noble Lord, Lord Monks, I support the efforts of the Colombian Government to find a solution through a negotiated peace process. Three or four months ago, I was in Colombia and had discussions with the Colombian Government. I do not doubt their genuine approach to finding a peace solution. In many cases, they will have to take some of the people of Colombia with them during this process. Some have made the corollary with some of our efforts in Northern Ireland and there is, of course, a lot of hurt over the years to make up. I hope that they make progress, which would lead to a number of better solutions.

The UK Government take a balanced approach. We realise that there are problems. It is very important to recognise the progress and effort of this Government in Colombia. They have made significant progress and we will continue to urge them to make further progress. We will also raise specific issues, and will urge that appropriate investigations take place and that protection measures are afforded.

The noble Lord, Lord Alton, and others raised land reform. We do not agree that the treaty presents a threat to Colombia’s land restitution programme. As noble Lords know, under the programme, businesses can lose their land, or have to pay compensation, if they cannot prove they undertook due diligence to ensure that the previous occupants were not forcibly displaced. However, in practice, the risk of a business owned by a UK investor losing land or having to pay compensation appears to be small. Very few businesses appear to be losing land and we are not aware of any claims against British businesses under the programme.

I support the concerns expressed by the noble Baroness, Lady Hooper, and the noble Lord, Lord Alton, and others that it is very important for British companies to observe international standards, such as those set out by the UN and the OECD. That is reflected in the EU-Colombia FTA, signed in 2012, which is much more the current state of the art. It contains significant commitments relating to human rights, labour rights, environmental protection and sustainable development. The Government also have an existing dialogue with the Colombian Government on these matters.

In view of this, reopening the treaty negotiations would be somewhat superseded by the EU-Colombia FTA. It would lead only to an unnecessary delay in bringing the treaty into force. I must stress that the treaty would be good for Colombia as well as for the UK. I do not believe that reopening the negotiations would add value on human rights. I am also unclear whether an investor could make a claim under the treaty that is in a way detrimental to human rights. The Government are not aware of any cases involving UK investors under any of our 94 treaties.

On the contrary, it is arguable that any state actions which may breach an investment treaty by harming an investor are more likely to damage local communities given the economic benefits, including employment and generating tax revenues, which stable, responsible—I believe that UK companies are responsible—foreign investment delivers.

Environmentally, Colombia is one of the top ecological hotspots in the world. I think that the noble Baroness, Lady Hooper, also mentioned Brazil. I thought that there would be nothing better perhaps than to read the clause relating to the environment in the bilateral agreement, which states:

“Nothing in this Agreement shall be construed to prevent a Party from adopting, maintaining, or enforcing any measure that it considers appropriate to ensure that an investment activity in its territory is undertaken in a manner sensitive to environmental concerns, provided that such measures are non-discriminatory and proportionate to the objectives sought”.

That seems like a reasonably balanced approach to environmental concerns.

In a similar way, on public interest concerns, the same issues have been raised in relation to TTIP. In relation to indirect expropriation, which usually is the basis on which people worry about these clauses, the agreement clearly states:

“For the purposes of this agreement, it is understood that … non-discriminatory measures that the Contracting Parties take for … public purpose or social interest … including for reasons of public health, safety, and environmental protection, which are taken in good faith, which are not arbitrary, and which are not disproportionate in light of their purpose, shall not constitute indirect expropriation”.

I am struggling to understand some of the claims that have been made regarding this treaty. It is a modern addition to historic bids and ISDS. As I said, it was debated between the individual parties. While events in some ways have overtaken it with the FTA, the UK-Columbia investment treaty is still an important milestone in the development of our wider trade and investment relationship. The growth and success of Columbia on a wider scale will be important. It was negotiated and supported by the democratically elected Government of Colombia. It will encourage UK investors to do further business in the region that will be to the benefit of the Colombian people. It will contribute to Columbia’s economic development through the benefits that increased levels of investment will bring. I strongly believe that we should welcome it and the benefits and safeguards that it will bring to the people of both countries.

North Korea: Human Rights

Lord Alton of Liverpool Excerpts

Wednesday 23rd July 2014 Grand Committee

Asked by

[Lord Alton of Liverpool]

To ask Her Majesty’s Government what is their response to the work of the United Nations Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea.

[Lord Alton of Liverpool (CB)]

My Lords, on 21 March 2013, the United Nations Human Rights Council established the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea, with a mandate to,

“investigate the systematic, widespread and grave violations of human rights in the Democratic People's Republic of Korea, with a view to ensuring full accountability … for violations which may amount to crimes against humanity”.

North Korea’s scant respect either for its own people or for the people and security of the region as a whole is underlined by the launching of artillery shells and short-range ballistic missiles into the Sea of Japan, concomitant with the squandering of desperately needed resources that could be used to feed the millions of North Koreans who suffer acute malnutrition and chronic food shortages. Four times in the past two weeks alone, North Korea has test fired short-range missiles and rockets, and threatened a fourth nuclear test in violation of United Nations sanctions.

While 84% of North Korean households have borderline or poor food consumption, it is reported that in 2012 Kim Jong-un spent $1.3 billion on North Korea’s ballistic missile programme, in addition to $300 million on leisure facilities and nearly $700 million on luxury goods including watches, handbags and alcohol. Set against that, the findings of the commission of inquiry, which completed its investigation and released its findings last February, should be looked at from an accurate perspective. Its report detailed a truly shocking disregard for humanity, which included,

“extermination, murder, enslavement, torture, imprisonment, rape”,

forced abortions,

“and other grave sexual violence and persecution on political, religious and gender grounds”.

The chairman of the commission, Mr Justice Michael Kirby, found many of these violations committed by the Government of North Korea to be,

“without parallel in the contemporary world”,

and to constitute crimes against humanity.

It will come as no surprise to noble Lords that at every stage the Government of North Korea refused to co-operate with the commission’s investigation and have since dismissed the report as,

“a product of political confrontation and conspiracy”,

and rejected its findings. During the four visits that I have made to North Korea, three of which were with my noble friend Lady Cox, I have been deeply impressed by the dignity and forbearance of the North Korean people, but equally dismayed and saddened by the hateful ideology that criminalises and brutalises its people.

Some North Koreans who have fled their country were able to testify at the commission’s public hearings in Tokyo, Seoul, Washington DC and here in London. Some originally gave their testimonies to the All-Party Parliamentary Group on North Korea, which I have chaired for the past decade. While mentioning the APPG, perhaps I may thank James Burt, its honorary secretary, for his work in preparing for today’s debate. It hardly needs saying that the bravery of the testifying witnesses has been remarkable; one of them is with us today. Many have families in North Korea, who remain in constant fear of reprisals. In breaking the wall of silence that surrounds the DPRK, those who have escaped—including 25,000 who now live in the Republic of Korea, and 700 or 800 who live in the United Kingdom—have been game changers.

As we meet today, 11 North Korean escapees are languishing in prisons in China’s Jilin province—a region I visited 18 months ago. I wonder whether the Minister can tell us whether Her Majesty’s Government would be willing to appeal to China to accept its obligations under international law and not return those escapees to North Korea, where they face persecution, torture and possible death. I hope that China will give serious thought to relaxing its policy of repatriation, not least because the commission of inquiry’s report describes how pregnant women are forcibly aborted and their newborn babies killed if it is thought that mothers have “diluted” the Korean bloodline by bearing a child with a Chinese parent. Not only is this ugly racism, it is utterly lacking in humanity and deeply offensive to China.

For terrorised North Koreans and the international community alike, the commission has marked a turning point. For too long, states have claimed that too little was known of the extent of North Korea’s crimes to justify action. In the words of Mr Justice Kirby:

“Now the international community does know. There will be no excusing a failure of action because we didn’t know…The suffering and the tears of the people of North Korea demand action”.

The findings detailed in the commission’s report stretch to well over 300 pages, and time does not permit a detailed overview. I know that other noble Lords will enlarge on some of these points but, in summary, the commission found that the freedoms of thought, expression and religion were routinely and brutally curtailed in the North Korean state. North Koreans are discriminated against on the basis of class, gender and disability. The vast majority of North Korean citizens are unable to leave their own country, choose where they live or decide where they work. The withholding of food by the North Korean state constitutes an explicit policy of enforced and prolonged starvation, which contributed to the deaths in the 1990s of at least 1 million people, with some estimating that as many as 2 million people died. Detention, torture and execution are established tools of social control. The abduction of foreign nationals has been routine. Up to 120,000 North Koreans face starvation, torture, forced labour, sexual violence and execution in the country’s political prison camps.

The inquiry found evidence of crimes against humanity. One firm of celebrated lawyers also suggested that the evidence points to genocide against the country’s Christians—a point to which my noble friend Lady Cox will return. My noble and right reverend friend Lord Eames will refer to some of the other issues that have been raised in the report. One of its underreported aspects is gender-based crime against women; another is the indoctrination of children. I wonder whether violence against women was raised during the recent conference on preventing sexual violence in conflict.

One witness who fled North Korea told the commission:

“You are brainwashed”,

and,

“don't know life outside. You are brainwashed from the time you know how to talk, about four years of age … North Korea is not open to the outside world”,

but,

“is a fenced world ... They want the people to be blind, deaf to the outside world, so that the people won’t know what is happening”.

The CoI report challenges us to think about how we counter hateful propaganda and that wall of silence, and how we break the information blockade. This is why Mr Justice Kirby supports the extension of BBC World Service transmissions to the Korean peninsula. The All-Party Parliamentary Group has heard from groups that have successfully broadcast into the country, and also from North Koreans who escaped and who told of the importance of foreign broadcasts.

Only yesterday, along with other members of the group, I met with Diane Coyle, the acting chair of the BBC. I have reiterated on many occasions, as have other noble Lords, that it would cost only about £1 million to commit to broadcasting to North Korea, compared to DfID’s budget of £12 billion. Surely this is money that we can find, to at least try to form some of those who have escaped into tomorrow’s journalists. Maybe that is an issue that the Minister could pursue with the BBC Media Action programme.

How do we intend to honour our obligations under Article 19 of the 1948 declaration if we are unwilling to break the information blockade? I have no problem with cultural programmes; but if that is all we do we will be failing North Korea. Instead of telling us about photographic exhibitions or cultural exchanges, I hope that the Minister will tell us whether any human rights projects, for instance, are going to be implemented in North Korea and how we will break the information blockade.

I was saddened that in a recent article a former FCO chargé d'affaires in Pyongyang, Jim Hoare, questioned the place of human rights in our engagement with North Korea, claiming that,

“human rights issues have proved a complication”,

to the UK's cultural projects in North Korea, and that a,

“modestly-successful parliamentary linkage seems to have more or less ceased because of the preoccupation with human rights of many British parliamentarians”.

It is the job of parliamentarians to be preoccupied with gross human rights violations, and I would hope that it is a preoccupation that the Government and their officials might share. Engagement with North Korea is not always the same as engagement with the North Korean state. The biggest improvements to the rights of North Koreans have come in spite of the North Korean Government, not because of it. We must engage with the victims of human rights abuses as well as the perpetrators.

When the United Nations Human Rights Council met in March to discuss the report, both it and the United Kingdom voted to recommend that the General Assembly should submit the report to the Security Council for appropriate action, which could include a referral to the International Criminal Court. Can the Minister tell us whether we will be seeking a Security Council resolution, a referral to the ICC or another judicial tribunal and an expansion of the existing sanctions regime to cover human rights violations?

The resolution also called upon member states to consider implementing the recommendations as laid out in the CoI’s report. Can the Minister tell us how many of the CoI’s recommendations that pertain specifically to states Her Majesty’s Government have implemented thus far?

As this report describes, North Korea is a country that is beyond parallel. The United Nations special rapporteur, Mr Darusman, recently said, following the publication of the report:

“There is no turning back; it cannot be ‘business as usual’.

Dietrich Bonhoeffer, who was executed by the Nazis, once said:

“We have been silent witnesses to evil deeds”.

Let that never be said of us.

British Council: English Schools Abroad

Lord Alton of Liverpool Excerpts

Monday 7th July 2014 Lords Chamber

[Baroness Warsi]

I can confirm to my noble friend that specific guidance was issued by the British Council. I will send her a copy of that guidance, which clearly shows the British Council acted on its own legal advisers’ advice, rather than on any advice of the Government. On British embassies and high commissions abroad serving their communities, I assure my noble friend that a whole host of events are held at high commissions and embassies, many of them with civil society organisations, NGOs and communities. They certainly are not all commercially based.

[Lord Alton of Liverpool (CB)]

My Lords, the Minister will recall that in this month last year her right honourable friend Hugo Swire announced a triennial review of the work of the British Council—admirable work, which it conducts all over the world. Can she tell us where that review now stands?

[Baroness Warsi]

The noble Lord is right: there is currently a triennial review. It is part of the wider review of non-departmental public bodies. The work of the review started in August or September last year and is still ongoing. Recommendations have been submitted to the Foreign Secretary and the Cabinet Secretary. In due course there will be a report.

Iraq: Mosul

Lord Alton of Liverpool Excerpts

Tuesday 17th June 2014 Lords Chamber

[Baroness Warsi]

First, I assure my noble friend and the House that Baghdad is under the control of the Iraqi Government. Of course, there are cities in the north and the west that have been occupied by ISIS. I can only give the assurances that the Iraqi Government have given us. Noble Lords will be aware that we receive regular updates from Iraq, and it clearly appears that at the moment ISIS is making advances. But it is for the Iraqi armed forces to fight back, and we will provide the support that is necessary.

[Lord Alton of Liverpool (CB)]

My Lords, given that minority communities are facing an existential crisis that threatens their very survival, can the Minister tell us what information the Government have about the sources of funding and finance that have allowed ISIS to build up such an amazing military capability, and will she share that information with the House?

[Baroness Warsi]

I am not sure about any direct funding. I am not sure whether we have that information or whether it is something that I could talk about here at the Dispatch Box. The noble Lord will have seen reports, as will other Members of the House, of the amount of money and gold that was in the vaults of the banks that were subsequently taken over by these extremist groups. That in itself is a worrying aspect of the finance that they now hold.

Burma

Lord Alton of Liverpool Excerpts

Monday 24th March 2014 Lords Chamber

[Baroness Warsi]

We support a lot of the work that is being done by the special rapporteur. In that report, which he presented to the Human Rights Council, he felt that technical assistance was required from the international community for any investigation to be transparent, credible and acceptable. I know that the noble Baroness does a large amount of work in this area and continues to campaign. Of course, we will continue to press the Human Rights Council for a strong resolution on human rights against Burma.

[Lord Alton of Liverpool (CB)]

My Lords, the noble Baroness will be aware that the forthcoming census in Burma is largely funded by the United Kingdom. Has she seen the calls by a number of non-governmental organisations that it should be postponed, not least because in Rakhine state, and other states where there are large ethnic minorities, it could certainly be a flashpoint for further confrontation. Will she at the very least ensure that, should the census be conducted, it will not be used to further distort the ethnic tensions in Myanmar?

[Baroness Warsi]

The noble Lord is right. We have provided about £10 million to ensure that the census is conducted in a technically sound way. We have also helped with the mapping exercise. We have concerns about the census, which is due on 28 March. This Friday will be census night and there will then be a period of 10 days when enumeration will take place. We have concerns because of the 135 officially recognised ethnicities—Rohingya, for example is not included—but we take some comfort from the fact that we have gained agreement from the Burmese Government for independent observers to be mobilised during this process. We hope that the option to self-identify will be used by the Rohingya community to be properly enumerated.