Myanmar (Sanctions) Regulations 2021

Lord Collins of Highbury Excerpts

Monday 7th June 2021 Grand Committee

[Lord Collins of Highbury (Lab)]

My Lords, it is vital that we get the sanctions’ legal framework right so that as a country we can act with speed against those who seek to repress the population of Myanmar and who break international law. As the noble and learned Lord, Lord Garnier, said, it is important that we act in concert with our allies; for sanctions to be effective, they must be internationally backed.

Recent events in Myanmar have been absolutely appalling and devastating, with more than 800 deaths of protestors and other crimes against humanity that were highlighted by the noble Baroness, Lady Finlay, and the noble Lord, Lord Bruce. Aung San Suu Kyi’s failure to stand up for the Rohingya people in the face of the military has been deeply troubling, but the fact remains that her party secured a landslide victory in the November election and the army’s claims of voter fraud are utterly spurious. The military coup is a flagrant breach of the constitution of Myanmar, and the barbaric killing of protestors is a scar on the conscience of the world.

I welcome the fact that the Government are seeking to make the scope of sanctions less restrictive than under the previous legislation. However, the sanctioning of Myanmar officials and military-owned companies has been too slow across the board. For example, the sanctioning of Myanma Economic Holdings Limited and Myanmar Economic Corporation did not come in until after the coup on 1 February, despite the appalling persecution of the Rohingya.

I draw attention to the leadership shown by Gambia in taking Myanmar to the International Court of Justice on allegations of genocide. The wider response from the international community, including, unfortunately, the United Kingdom Government, has been slow. The Minister in the other place, Nigel Adams, said that the Government

“have been clear about our support for the ICJ process.” 

He also confirmed that the UK had 

“provided funding to enable Rohingya citizens to attend the hearings in December 2019.”

and that the Government were

“monitoring developments closely, and will consider the legal arguments to establish whether a UK intervention would add value.”—[Official Report, Commons, Committee on the Myanmar (Sanctions) Regulations 2021, 27/5/21; cols. 7-8.]

What other practical support are we giving Gambia in support of the case? Precisely what are the disadvantages of the UK joining the case now? Are we not sending the wrong message by delay? The military has been emboldened by the tacit support that it has received from China; the Chinese Government simply noted the 1 February coup without condemning it, while the main state news agency described the coup as merely a “cabinet reshuffle”.

In considering further sanctions, will the Minister’s department work with NGOs, such as Burma Campaign UK and Justice for Myanmar, on getting the designations right? Clear moves to sanction military companies will be much more effective than simply sanctioning individuals in government. The Government should also use their international influence to seek to extend the arms embargo—and I welcome what the Minister said. Despite Russia and China, we must still seek to build the broadest possible international coalition.

Although I note that under the Vienna convention, the appointment by foreign states of an interim chargé d’affaires does not require UK approval, I am pleased that the Minister commended the Myanmar ambassador, Kyaw Zwar Minn, for his bravery on standing up for democracy and welcomed the strong condemnation of the bullying behaviour of the junta towards him. It is important that he is not only offered but given significant support, and I hope that the Minister will be able to confirm that this afternoon.

As the noble Baroness, Lady D’Souza, said, when the moment is right the UK should publicly declare that it is time to refer Burmese officials to the ICC via the United Nations and call on other countries to follow suit. Just because Russia and China can block the referral in the UN Security Council does not mean that the United Kingdom should be prevented from doing what is right.

Nigel Adams also said that the UK works closely with our international partners on Myanmar and we are in regular contact with ASEAN partners. He welcomed the five points that came out following their recent leaders’ meeting. Can the Minister give us further details of co-operation and action in the region?

Finally, it would be remiss of me not to mention the shocking cuts to aid supporting the Rohingya refugees in Bangladesh. The £27.6 million announced amounts to a 42% cut in aid to the refugees compared with what the Government contributed in October 2020. The coup makes it impossible for the Rohingya to return. The fact that the Government are cutting aid at this moment is an absolute disgrace.