Human Rights

Lord Anderson of Swansea Excerpts

Thursday 21st November 2013 Lords Chamber

[Lord Anderson of Swansea (Lab)]

My Lords, I congratulate the noble Lord, Lord Alton, who I much admire, on his commitment and his courage, often in joint harness with the noble Baroness, Lady Cox. I will make three brief points.

First, I recall in the early 1980s going to a south Asian country and saying to our ambassador, “What are you doing about human rights?”. His answer was, “Oh, that’s a job for my first secretary”. That would no longer be allowed. Indeed, there has been an immeasurable improvement in the overseas department’s links and attitude to human rights. I think, for example, of changes in the structure of the Foreign and Commonwealth Office, with the human rights and democracy department; the human rights report, which, happily, came from a recommendation of the Foreign Affairs Select Committee, which I chaired at that time, which has certainly been refined and improved; the human rights and democracy programme; and also the much improved links with non-governmental organisations.

My second point is about the interlink between the domestic and the foreign. I recall the former Foreign Minister of Australia, Senator Gareth Evans, saying, “How can we Australians be taken seriously on human rights representations abroad if we maltreat our Aborigines”—being Australian, he actually said “Abos”—“at home”. That shows that there is a linkage between what we do at home and the strength of our representations abroad. That obviously relates to our immigration policy, our counterterrorism policy and our attitudes to Islamophobia and anti-Semitism.

Looking at our international organisations, I am delighted that we are now on the Human Rights Council, which is an enormous improvement on its predecessor, the United Nations Commission on Human Rights, which could reach agreement only on attacks on Israel. I look forward to reports during our two-year tenure, starting in January. I think also of the Commonwealth and the Council of Europe, included in the second priority in the 2012 human rights report.

On the Commonwealth, of course we think of CHOGM and whether or not the Prime Minister should have attended the Sri Lankan summit. Yes, there is a time for engagement but I am troubled by the question of cui bono—who actually benefited most from the Prime Minister’s attendance? I fear that the answer may well be the President of Sri Lanka. The Commonwealth charter is a magnificent document but in practice, if one looks at the 60% of Commonwealth countries that still have capital punishment and attitudes towards the criminalisation of homosexuality, there is much work for our Government to do in persuading our Commonwealth colleagues of the importance of human rights.

On the Council of Europe, there is a danger of the Government making a major error in defying the European Court of Human Rights in respect of prisoners’ rights. I do not talk about the subject of the question but the danger of defiance. The Prime Minister unwisely said that,

“no one should be in any doubt: prisoners are not getting the vote under this Government”.—[Official Report, Commons, 24/10/12; col. 923.]

I saw the embarrassment of the Attorney-General when he appeared before the Joint Committee earlier this month. It would be a disastrous precedent in respect of Russia, Turkey and other defaulters, if we—pioneers of the system in the Council of Europe—were to defy it. There is a way out. Clearly the court will grant a wide margin of appreciation. It is insisting only that there is no blanket ban.

Finally, there has to be a balance in any matter of human rights. Sometimes it is best to do things in a low voice and behind the scenes. I was a member of the human rights mission to China that was led extremely ably by the noble and learned Lord, Lord Howe of Aberavon, in which we were effective because we made quiet representations to the Chinese authorities. I concede also that there is a temptation to be strong on the weak and weak on the strong.

Of the six FCO priorities, freedom of religion is key. This has been the leitmotif of so many speeches in this debate. It is very important indeed that the Government consider seriously the recommendation of the excellent report of the noble Baroness, Lady Berridge, and others, Article 18: An Orphaned Right, which includes the right to change one’s religion, which was omitted from the final communiqué of CHOGM—I wonder why. The Government should look carefully at the case for a special envoy or ambassador and I hope that they will come back with a positive response to that.