Shipping: International Maritime Law

Lord Chidgey Excerpts

Monday 4th February 2013 Lords Chamber

[Baroness Warsi]

The noble Lord speaks to this matter with great experience, both in relation to his previous role and in terms of his current role. He will be aware that these companies were operating before we issued guidance; it was really a reaction and response to the fact that they were predominantly operating out of the United Kingdom that the guidance was issued. The guidance is quite detailed in terms of the plans that they must set out and being responsive to the necessary organisations that monitor this in the particular area that they are in. The noble Lord will be aware, too, that international law will apply in international waters. The law of the particular flagged ship will apply to that particular vessel. For the companies that operate in that specific area around Somalia and the Indian Ocean, there are specific rules on which we have led in the drafting.

[Lord Chidgey]

My Lords, with new companies employing in the order of 2,700 armed guards to meet the surge in demand, costing the international shipping community over $1 billion a year, does my noble friend agree with the analysis that the current downturn in piracy is temporary and that it will in time re-emerge from the Somali clans unless irreversible progress is achieved in stability, security and the rule of law? In that regard, what progress has been made since last year’s Somalia conference in London?

[Baroness Warsi]

I can inform my noble friend that I have just come from a meeting. The president of Somalia is in the United Kingdom, having discussions about progress that has been made since the Somalia conference. My noble friend will be aware, too, that a follow-up conference has been planned for later on this year. I have the statistics somewhere in this great brief, but I can inform noble Lords that numbers of successful piracy attempts in that region have gone down dramatically. My noble friend is right that, ultimately, we need to keep working to keep those numbers down rather than providing security.

Ethiopia and Eritrea

Lord Chidgey Excerpts

Wednesday 30th January 2013 Lords Chamber

Asked By

[Lord Chidgey]

To ask Her Majesty’s Government what assessment they have made of the progress toward the resolution of the disputed border between Ethiopia and Eritrea since the death of Meles Zenawi.

[The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi)]

My Lords, unfortunately there has been no progress on the border dispute since the death of Prime Minister Meles. We have, however, encouraged both Governments to engage to resolve their differences.

[Lord Chidgey]

I thank my noble friend for that reply, which confirms that there has been little change over the past decade in this very long-running dispute. Does my noble friend agree that the appointment of Ethiopia’s new Prime Minister, Hailemariam Desalegn, to chair the African Union and, quite separately but in the same time span just last week, the revolt of elements of Isaias Afewerki’s Eritrean army indicate a shifting of regional political ground? Does that mean that developments in Ethiopia and Eritrea and the impact on regional security of the weakening of al-Shabaab represent an opportunity through diplomatic discourse to resolve the border issues, address the democratic deficit and unlock the security stalemate in that region?

[Baroness Warsi]

My noble friend makes an important point, and I think all noble Lords in this House would agree that a legitimate Government and stability in the region are essential. We can see from what has happened in Mali and Algeria that it is absolutely essential for us to support a democratic process to resolve border disputes. We have been working with the United Nations and the European Union to try to ensure that these countries continue to speak to resolve their differences. As my noble friend will be aware, the Boundary Commission report of 2003, which is the document that lays out the internationally accepted agreement on that boundary, has still not been implemented.

Egypt: Elections

Lord Chidgey Excerpts

Thursday 24th January 2013 Lords Chamber

[Baroness Warsi]

The noble Baroness makes an important point. Democracy is not just about going to the ballot box and putting a vote in it. It is about ensuring the whole process around that by making sure that people feel that they can have their say; that political parties can operate freely; that all in the country can feel that they have a right to vote; and that there is commentary about different political opinions. I agree with the noble Baroness.

[Lord Chidgey]

My noble friend will be aware that last week the Carter Center issued its recommendations for reforms, which are critical to Egypt’s electoral process. It is repeating calls for many of the reforms that it called for after the previous elections in 2011-12. Can my noble friend tell the House how confident or otherwise the Government are that the election observation mission that has now been sanctioned by the Egyptian Government will be any more effective in delivering a free, fair and transparent election process than previously, particularly in regard to the role of women and to voter education and information?

[Baroness Warsi]

My noble friend is right that concerns have been raised by the Carter institute. It is one of the reasons why our Arab Partnership has been funding that institute. One of the main themes of the Arab Partnership, which was set up by the Government two years ago, is to engage in the democratic process and strengthen civil society to be much more vocal about concerns over forthcoming elections. We continue to engage with all authorities in Egypt. The Foreign Secretary was there in September; the Minister responsible for asset recovery, Jeremy Browne, was in Egypt only last week to speak specifically on that, and I hope to be visiting in February.

Democratic Republic of Congo

Lord Chidgey Excerpts

Monday 17th December 2012 Lords Chamber

[Baroness Warsi]

The noble Lord makes extremely important points and comes to this matter with great expertise, having served as the Prime Minister’s special representative on conflict resolution and having had a great deal of involvement in the region. He will be aware that the Minister for Africa took part in an emergency visit to the region at the end of November. He visited Uganda, Rwanda and the DRC. He met with the presidents and foreign ministers of all those countries and was there the day before the Great Lakes conference. The noble Lord will be aware that this conflict has been going on for many years, but we continue to push, both bilaterally and in wider fora, the need for a peaceful settlement.

[Lord Chidgey]

What was the Government’s reaction to President Museveni’s comments to SADC that the MONUSCO peacekeepers were merely military tourists in the DRC, given that this country contributes $60 million a year to the upkeep of that mission? Will the Government continue to press in the Security Council for MONUSCO’s mandate to be uprated from being mere peacekeepers to peacemakers, with all the resources that are needed to deter the criminal elements of the M23 and their Rwandan backers?

[Baroness Warsi]

My noble friend is aware that MONUSCO’s mandate does not permit it to engage in more than a supportive role at this stage. However, I take his concerns on board. He is right that there are 19,000 MONUSCO troops in the area and the UK has committed £69 million to those troops this year. He will also be aware that the deputy force commander of MONUSCO is a Brit, who will continue to ensure that it is as effective as it can be with a correct mandate.

Rwanda

Lord Chidgey Excerpts

Wednesday 21st November 2012 Lords Chamber

Asked By

[Lord Chidgey]

To ask Her Majesty’s Government what assessment they have made of the Amnesty International report Rwanda: shrouded in secrecy.

[The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi)]

My Lords, the UK shares the concerns raised in this Amnesty International report. Our high commissioner in Kigali has raised illegal detentions and key concerns in the report with the Rwandan Government on a number of occasions. He has also regularly requested access to detention centres and, in September, was granted access to the Gikondo transit centre, a facility that has been mentioned in other international human rights reports on illegal detentions.

[Lord Chidgey]

I thank my noble friend for that response. She will be aware that the Amnesty report documents illegal detention and torture over more than two years while, over the past two days, the Rwandan military has been backing the M23 in its incursions. They have overrun the city of Goma in the Congo. Surely both of these events are serious breaches of a memorandum of understanding that Rwanda signed with the UK just this September, committing it to:

“The principles of good governance … respect for human rights”,

and,

“The promotion of peace and stability in the Great Lakes region”.

In the absence of any signs of compliance with the memorandum of understanding, can my noble friend tell us whether, during our Minister for Africa’s visit to the region—he is there now—we will curb Rwanda’s aid programme forthwith?

[Baroness Warsi]

My noble friend raised a number of issues, some of which relate to reports that were clearly leaked. It would be inappropriate for me to comment specifically on a leaked report but I can confirm that this Government take those concerns extremely seriously. That is why, among other reasons, the Minister for Africa is in the region. My noble friend will be aware of the United Nations Security Council presidential statement, which was issued only yesterday and deals with specific concerns about the M23 in Goma. I am sure he will also accept that our aid programme in Rwanda is, specifically, to deal with poverty in a country where almost 45% of Rwandans remain in extreme poverty. Real progress has been made since the genocide of 1994 in building Rwanda’s economy. I am sure he will accept that our support to the poorest in that economy is part of that.

Nigeria: Violence

Lord Chidgey Excerpts

Tuesday 13th November 2012 Lords Chamber

[Baroness Warsi]

The noble Lord is right that the conflict in Nigeria, which spans many decades, has many facets to it, including a religious facet and many ethnic tensions. His is an interesting idea in relation to the Commonwealth’s role. He will be aware that we already have discussions with both the African Union and the European Union in relation to joint work, but it is a matter that I will take back.

[Lord Chidgey]

Does my noble friend agree with the Bishop of Sokoto, Matthew Hassan Kukah, that the crisis in the north should not be seen as Christian against Muslim or north against south, but more as one of justice and fairness, which calls for a modern, quality education to be provided for girls as well as boys in the north and, most of all, sweeping reform to a demoralised and corrupt police force where absenteeism is now running at more than 50%?

[Baroness Warsi]

The noble Lord raises an important issue and I would add to that the voice of the Sultan of Sokoto, a traditional leader among Nigerian Muslims. He said that this group, Boko Haram, was “an embarrassment to Islam”. It is heartening to hear people such as Dr Aliyu, the Niger state governor and the chair of the Northern Governors’ Forum—again, a Muslim—basically condemning Boko Haram and saying that it did not represent Islam. Nearer here, in the United Kingdom, the Muslim Council of Britain has also come out and condemned it.

Private Military and Security Companies

Lord Chidgey Excerpts

Tuesday 30th October 2012 Lords Chamber

[Baroness Warsi]

The noble Lord makes an important point. As many noble Lords—especially those who have been provided with close protection either on behalf of the Government or by private security companies—will be aware, unfortunately it is a necessary part of some of the work that we do overseas. It enables us sometimes to travel beyond the capital to do exactly the kind of work that the noble Lord referred to.

[Lord Chidgey]

Is my noble friend aware that current research at Bristol University by Dr Higate shows that British companies generally operate on a low-profile basis, particularly in Iraq and Afghanistan, and their sensitivity to the reactions of the host populations reflects very well on the United Kingdom? Can she also address the serious shortcomings that have been found in the standard of and mandatory training for armed close protection roles undertaken by these private military and security companies?

[Baroness Warsi]

The noble Lord will be aware that many of the concerns in this area are historic and dependent on what happened not so much with UK private security companies but, predominantly, with US private security companies. Despite that, the UK led on the Montreux document, which laid out the obligations that we have. The UK was also one of the first to support the international code of practice, and one-third of the companies that have signed up to the code are British. We are also working with the industry to put forward standards so that the code is properly implemented and its implementation is audited. I am assured that we will be able to make an announcement in the next few weeks.

Sudan and South Sudan: EUC Report

Lord Chidgey Excerpts

Wednesday 17th October 2012 Grand Committee

[Lord Chidgey]

My Lords, those who have followed events in Sudan through the end of the civil war and the progress of the comprehensive peace agreement will share the disappointment of the Select Committee that many crucial issues left outstanding remain unresolved, in particular the failure fully and faithfully to implement the memorandum of understanding and the tripartite plan to expedite the unhindered delivery of humanitarian assistance in Southern Kordofan and Blue Nile state, and the resolution of the issues of the final status of Abyei and disputed areas. The Security Council, the US mission to the United Nations, the High Representative of the EU for Foreign Affairs and Security Policy, Norway, the UK’s Foreign Secretary William Hague and the tripartite group have all voiced their concerns over the failure to address the continuing humanitarian crisis and have pledged their practical and political support for putting the tripartite agreements, signed in early August, into immediate effect.

This is not to deny the value of the nine agreements reached at the presidential summit on 27 September in Addis Ababa by the presidents of South Sudan and Sudan. In its press statement of 28 September, the UN Security Council recognised that:

“These agreements represent a major breakthrough for the establishment of peace, stability and prosperity in both Sudan and South Sudan and give cause for genuine hope that the peoples of these two countries will realise the fruits of lasting peace and friendship”.

The nine agreements covered oil, citizenship, border demarcation, border monitoring, economic co-operation and other matters. There are still important outstanding issues. The humanitarian situation in Southern Kordofan and Blue Nile is critical. Hundreds of thousands of people are suffering, and this cannot continue any longer. The Government of Sudan must grant full, safe and immediate international humanitarian access and, in co-operation with the tripartite group, implement the MoU and the action plan without further delay.

As the Associate Parliamentary Group for Sudan and South Sudan—of which I am a vice-chair—discovered when it visited South Sudan in April, the new country faces a profound state-building challenge. International investment and skilled returnees are contributing to pockets of economic development and represent a foundation for future growth. The decision to shut down oil production was biting, with the Government set to reduce spending by over 25% from an already low base. Ministry budgets had been slashed and remaining spending was concentrated on salaries, with little left for investment and maintenance. In South Sudan, over 50% of the population lives below the poverty line. Less than 50% of children enrol in primary school and far fewer complete eight years of education, with just one teacher for every 117 children. There is the highest maternal mortality rate in the world, with a one-in-seven chance of a woman dying of pregnancy-related causes. There is only one qualified midwife for every 30,000 people.

Corruption became a major recurring theme throughout the APG delegation’s visit, with concerns expressed that it was becoming fairly ingrained within South Sudan’s fledgling systems. The mismanagement of public funds was a central concern, sitting at the hub of all others, fuelled by avarice and a sense of entitlement. The anti-corruption commission, established in 2005 with a mandate,

“to protect public property and investigate cases of corruption”,

and combat,

“administrative malpractices in public institutions”,

finds, however, that it lacks sufficient authority, independence and transparency. International non-governmental organisations including Global Witness, the Open Society Initiative for Eastern Africa, Oxfam, World Vision and others have all expressed concerns over the continuing humanitarian crisis and the lack of governance and capacity in South Sudan to address it.

There is a call to work more closely with the audit chamber of the South Sudan Government as a key player in the financial management of state funds. The Ministry of Finance needs support, and USAID is tutoring and mentoring the development of budget systems. Acts of Parliament are being passed to bring in financial control and management systems, but donor nations need to press for their implementation. It is no good just passing the Act; it has to be put into force. Global Witness has told me that it is very disappointed about the lack of transparency and accountability in oil governance, with no independent auditor provided. A petroleum law has been passed that calls for open tendering and for all beneficial ownership to be published. Global Witness’s consultant, Dana Wilkins, says:

“Sudan and South Sudan’s citizens are the ultimate owners of their countries’ natural resources. Yet they have been totally cut out of this new oil deal, with no way to verify the amount of oil and money that will be transferred between their governments”.

While the new agreement establishes mechanisms for internal information-sharing and auditing, there are no requirements for transit and financial data to be made public.

The United Kingdom and the EU have important roles to play in building institutions in South Sudan and Sudan and in concentrating on the constitutional process. Again, to quote Oxfam:

“South Sudan and Sudan do not have a European Champion right now and therefore are slightly off the EU Foreign Affairs Council radar”.

The EU has the policies and mechanisms in place and, for the first time, member states have agreed to a joint development programme in South Sudan. There is one joint strategy paper, agreed by the EU institutions and member states. Priority sectors are identified, with donors agreeing to complement each other in their implementation. This is a first and is part of the EU commitment to aid effectiveness but, so far, implementation has been postponed because of South Sudan’s oil crisis. Now the oil agreements are in place, there is an ideal opportunity for the EU and member states to make real progress.

There is a consensus that the humanitarian crisis will continue to dominate the South Sudan agenda for some time. Analysts predict that it will take two generations of long-term engagement to establish basic infrastructure and achieve significant and substantial development of basic services. There is a compelling need for continuing support in capacity-building at all levels of government to gain the benefits of a strong and empowered Parliament.

To this end, the Norwegian Government commissioned a report on training needs in the South Sudan National Legislative Assembly, which was conducted in August 2011—just one month after independence. The analysis was undertaken with the co-operation and support of the Association of European Parliamentarians with Africa, commonly known as AWEPA and of which I am a UK council member. This was part of a capacity-building exercise for this new legislative assembly, the main objective being to analyse its training needs. The majority of assembly staff did not have appropriate academic qualifications for their duties. Qualifications did not match their job descriptions or the departments in which they were deployed. There was a clear need for a wholesale retraining exercise.

As well as having inappropriate skills, over half the assembly staff stressed their concerns over a lack of proficiency in the English language. This was considered alarming, given the move from Arabic to the English language in South Sudan. A close second in skills deficit was that in technical skills, particularly information and communications technology. In the course of a short one-week exercise, the study identified a large capacity-inhibiting skills shortage with massive scope for retraining and confidence building, particularly through exposure to established parliamentary practices.

The National Legislative Assembly of South Sudan has now, with the support of the Netherlands Government and AWEPA, adopted a five-year strategic plan whose core aim, as described by the Assembly Speaker, is that by 2016:

“The National Legislative Assembly will be valued as the central institution in promoting democracy, effectively holding the Executive to account, scrutinising proposed legislation and representing the diverse views of the people of South Sudan”.

The strategic plan is clearly fundamental to South Sudan’s progress towards sustainable government. Recognising that the UK, through DfID, is a major donor in South Sudan, I would like the Minister, either in her response or later by letter, to tell the Committee whether DfID is aware of the strategic plan for South Sudan; if so, how it figures in DfID’s business plan, given that Sudan is one of the UK Government’s top priorities in foreign policy; and what DfID plans to contribute to capacity building and structural support in the National Legislative Assembly, through what means and over what timescale.

Nigeria

Lord Chidgey Excerpts

Tuesday 24th July 2012 Lords Chamber

[Lord Howell of Guildford]

I am aware of the noble Baroness’s recent visits and I was very grateful for the very informative report that she shared with Foreign and Commonwealth Office officials on the situation. The British Government are appalled as well as deeply and continuously concerned by what has gone on and by the situation that she described. I can only say that we are fully engaged with the Nigerian Government on these issues and on the essential need to protect minorities more effectively and to bring the perpetrators of violence to justice.

[Lord Chidgey]

My Lords—

[Lord Anderson of Swansea]

My Lords—

--- Later in debate ---

[Lord Howell of Guildford]

The noble Lord is right that this is part of a larger series of trends and developments, some of them of a very ominous and dangerous kind —not least the instability in Mali and the attacks on Timbuktu that have been very much in the news. All those events reflect and connect with the activities of Boko Haram, to which the noble Lord referred. We are working with the Nigerians at all times to see how we can help them increase security. At the same time we are working with the French and other EU partners to address the whole issue of the Sahel, where all these dangers are arising. The noble Lord is absolutely right to call attention to them.

[Lord Chidgey]

If I may, I will take that point a little further, although my noble friend has just offered us an answer. What assessment have our Government made of the links between Boko Haram, AQIM in Mali and al-Shabaab in Somalia in their logistical, ideological and political operations?

[Lord Howell of Guildford]

We keep a very close eye on this in making assessments, as do our French colleagues—as I just mentioned to the noble Lord, Lord Anderson—our United States colleagues and others. The precise linkages are fluid and not always easy to identify, but there is no doubt that, where there has been potential instability and turmoil, al-Qaeda, or branches and franchises of al-Qaeda, tend to turn up like flies around any corpses. This is always the danger and we should watch it very closely. As for al-Shabaab, we cannot see a visible connection at the moment, but it too might be involved, although it is quite a long way away.

Democratic Republic of Congo

Lord Chidgey Excerpts

Thursday 19th July 2012 Lords Chamber

Asked by

[Lord Chidgey]

To ask Her Majesty’s Government what assessment they have made of reports that mutineers in the eastern part of the Democratic Republic of Congo have received assistance from foreign military officials.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, we have studied the United Nations Group of Experts report and believe it to be credible. We call on the countries named in the report to seek a sustainable resolution to the conflict, and one that breaks the cycle of violence.

[Lord Chidgey]

I am grateful to my noble friend for that Answer, but is he aware that Presidents Kabila and Kagame have agreed that the 11-nation International Conference on the Great Lakes Region should work with the AU and the UN to establish a neutral force along the Rwanda-Congo border? Has President Kagame discussed with our Prime Minister which countries are offering to commit troops while Rwanda withdraws its support from the M23 rebels? Secondly, the Tutsi leader, Senator Mwangachuchu, claims that the M23 rebellion resulted from the ICC judgment against Thomas Lubanga and the indictment of Bosco Ntaganda for recruiting child soldiers and other crimes. Has the Prime Minister offered UK assistance, or has any other agency offered assistance in the pursuit and capture of Bosco Ntaganda?

[Lord Howell of Guildford]

In answer to my noble friend’s questions, yes I am aware of the Great Lakes conference agreement by Presidents Kabila and Kagame and others that they should consider the idea of a border force, but it is still only at the thinking stage. Did my right honourable friend the Prime Minister discuss this with President Kagame when he saw him a few weeks ago? The answer is no, because the propositions of the Great Lakes group had not come forward at that point. The Prime Minister expressed extreme concern at the Group of Experts report that Rwanda might be involved in backing the M23, but other developments have taken place since.

Has the ICC judgment against Thomas Lubanga created an atmosphere in which the M23 rebellion and breakaway from the Congolese army has taken place? I have to say that it may have played a part, but it is very hard to say. It may have been one of the reasons why Bosco Ntaganda and others retreated from their previous co-operation with the Congo army and have set up a mutineers’ group again. Have we offered, and has my right honourable friend offered, UK assistance in the pursuit and capture of Bosco, who is of course indicted by the ICC? No, because it is the responsibility of the DRC itself to co-operate fully with the ICC, and that is what we constantly urge.