Africa: Ivory Coast

Lord Howell of Guildford Excerpts

Tuesday 21st December 2010 Lords Chamber

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

My Lords, Her Majesty’s Government have had extensive contact with key international partners in the United Nations, the European Union, the African Union and the west African regional security body ECOWAS in attempts to forestall conflict in the Côte d’Ivoire, following the disputed presidential election. My right honourable friend the Foreign Secretary agreed with other EU Foreign Ministers on 16 December that the EU would adopt restrictive measures against those obstructing the peace process, including Laurent Gbagbo.

[Baroness Falkner of Margravine]

My Lords, I thank the Minister for that reply, but I fear that the EU’s limited sanctions and travel restrictions will not go quite far enough. Not only has Laurent Gbagbo stolen the election from Dr Ouattara, but he has mobilised paramilitary troops, and it has been discovered that nearly 1,000 people are missing. Does the noble Lord agree that the international community now faces a potential Srebrenica moment, whereby the UN may need to withdraw under fire and atrocities will be committed on a large scale? Will he suggest to his right honourable friend the Foreign Secretary that ECOWAS, and potentially UN peacekeeping troops from Liberia, need to be mobilised to intervene in a more substantive manner than mere sanctions?

[Lord Howell of Guildford]

My noble friend may well be right to say that pressures do not go far enough. Indeed, the EU is now moving on from the proposed targeted travel ban, which includes Mr Gbagbo, his wives and others associated with him, and is considering much more targeted sanctions and freezing assets. On the EU side, more proposals are being put forward, with the active involvement of British officials and colleagues.

At the UN level, the Security Council has expressed very deep concern. There are further problems about trying to get UN sanctions in place, not least because it is supposed that some countries, certainly among the permanent five members of the Security Council, would oppose them. However, the United Nations has rightly insisted, with our full support, that the UN operation in the Côte d’Ivoire—the so-called UNOCI—stays there, despite the fact that ex-President Gbagbo has insisted that it goes. UNOCI is embedded there; it intends to stay there and does not intend to leave. Further pressures will certainly be considered and may well be necessary.

As for Liberia and Senegal becoming involved in other areas, there are difficulties and it is not quite clear what their remit would be. For the moment, the French troops are still there, although they have been told to leave, and the UN troops are there. That is the position at the moment.

[Lord Hannay of Chiswick]

Does the Minister not agree that the United Nations force may need something more muscular than what is available to it in the Côte d’Ivoire now? Does not the experience of Sierra Leone show that having an over-the-horizon capability, which can be provided only by countries with fairly sophisticated military forces, is often the best way of deterring the outbreak of fighting?

--- Later in debate ---

[Lord Howell of Guildford]

The noble Lord has great experience of these things, but different situations demand different approaches. Preventing the rising and particularly ugly conflict in this country from spreading to other areas and affecting everyone's interests may well need a larger military mobilisation. However, for the moment there is a precarious situation in which the UNOCI has insisted on staying there, the army appears to be under the control of ex-President Gbagbo—or President, as he would style himself—and there is a sharp stand-off between the two. That is the position at the moment and it is very hard to comment beyond that. Certainly, any remit for a larger military force would not be at all clear in the present complex situation.

[Lord Judd]

Does the noble Lord agree that there is a danger of a trend towards tokenism in the international presence in these situations, and that this is disastrous for the effectiveness of the UN? Does he also agree that if this is to be put right, it is absolutely essential that in the Government's approach to the reform of the UN they give priority to increasing the effectiveness of the military planning staff at the disposal of the Secretary-General?

[Lord Howell of Guildford]

The noble Lord is right that a more effective arrangement of that kind should be followed through in precisely the way that he suggests. However, “putting right” is a big phrase in the present situation. The pressures from outside are bound to have some limitation on them, and within this hapless country there are hideous and dangerous rivalries that I am afraid have been there for many years and are nowhere near being resolved at the moment.

[Lord Brett]

Quite often, the problems that confront the African public are discussed in your Lordships' House and the solutions seem quite simple. They are not simple in this case, as we well know. Does the noble Lord agree that building up the African Union so that it has both presence and political authority is the only long-term solution to dealing with these kinds of unfortunate events in Africa, although they are becoming rarer? Could I also tempt him, in the spirit of Christmas and given that dictatorship is not limited to Africa, to comment on representations made on the arrest of candidates in the recent election in Belarus?

[Lord Howell of Guildford]

Belarus is a shade distant from the Côte d'Ivoire, but I will be delighted, in the Christmas spirit, to talk afterwards to the noble Lord about Belarus and indeed about many other places. As for this situation, it is complex and dangerous. We are working to reinforce the will of the African Union in general, and the economic organisation of west African states in particular, to take stronger views. ECOWAS has been quite forward and firm in what it said. It has behind it the driving forces of both Nigeria, which is a gigantic country, and Ghana, which is a successful smaller country. These are sources of authority, and pressure from them, encouraged by us, might make some progress and prevent further slaughter.

[Lord Chidgey]

Does my noble friend agree that in spite of more than 20 years of internal conflicts, civil war and endemic corruption, the Côte d'Ivoire remains a focus of economic stability in the region? While a solution to the return of democracy and the rule of law may well be best led by UN and African efforts, will our Government commit to providing essential support for the thousands of refugees now fleeing to Liberia and Guinea to escape the massive human rights abuses cited by the UNHCR?

[Lord Howell of Guildford]

My Lords, I wish that that was right, and I hope that it becomes right. The areas of stability in the region are Ghana in particular, which is a well governed country, and other countries around such as Nigeria, all of which have some problems but which are large and influential. We hope to see the Côte d'Ivoire come back to being an area of stability, but I am afraid that at this moment it certainly is not.

European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Republic of Indonesia) Order 2010

Lord Howell of Guildford Excerpts

Tuesday 21st December 2010 Lords Chamber

Moved by

[Lord Howell of Guildford]

That the draft order laid before the House on 15 November be approved.

Relevant Documents: 8th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 20 December.

Motion agreed.

European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Republic of Indonesia) Order 2010

Lord Howell of Guildford Excerpts

Monday 20th December 2010 Grand Committee

Moved By

[Lord Howell of Guildford]

That the Grand Committee do report to the House that it has considered the European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Republic of Indonesia) Order 2010.

Relevant document: 8th Report from the Joint Committee on Statutory Instruments.

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

My Lords, this partnership and co-operation agreement is an international agreement between the Republic of Indonesia and the European Community—now the European Union—and its member states, which was signed on 9 November 2009. This treaty has not yet entered into force, but will do so once all 27 members of the European Union and the Republic of Indonesia have ratified it. This order is a necessary step towards the UK’s ratification.

The principal effect of the draft order is, first, to ensure that the powers under Section 2 of the European Communities Act 1972 would be available to give effect to any provisions of the agreement; and, secondly, to permit any expenditure arising from the partnership and co-operation agreement to be met from the Consolidated Fund.

We have a strategic interest in developing the UK’s and the EU’s relationships with Indonesia. As south-east Asia’s largest economy and emerging power, its international influence is growing through its membership of the G20 and it is a key country on climate change issues. It is the world’s third-biggest carbon emitter, as well as a major energy producer and consumer. It is also on course to be the fifth-largest economy in the world by 2030, which is only 20 years away. We are talking about a new but vibrant democracy and the world’s largest moderate Muslim-majority country, which certainly is moving towards being rated as having the most liberal stance in south-east Asia.

The partnership and co-operation agreement should enable us to deepen trade and investment links and make the most of the many commercial opportunities which lie in Indonesia today. It is also a necessary precursor to an EU-Indonesian free trade agreement. I should explain that the agreement has been ratified so far by four EU member states. Others expect their domestic processes to be completed by early 2011.

I am satisfied that the order is compatible with the rights contained in the European Convention on Human Rights. This order is important for our nation, for the European Union and for world trade. I commend it to the Committee.

[Lord Tunnicliffe]

My Lords, I thank the Minister for introducing the order and for the brevity of his presentation, which I shall try to copy. It is good to read a treaty that clearly represents a factor in a good relationship, in this case between the European Union and Indonesia. It includes the sort of good words that you would hope to see in such a treaty, but reading it left me asking what will specifically come out of it, at what pace and through what mechanisms. I wonder whether the Minister could give me some brief insights.

Article 41 of the framework agreement talks about a joint committee that will meet not less than every two years. That does not have a strong sense of urgency about it. The essence of such treaties seems to me to be the rate at which they are taken up and used, with practical steps coming forward, yet in the UK you would expect that to fall to BIS and the FCO, both of which are seeing a reduction in their resources of 25 per cent. However, frankly, the framework has commitments to work between the Community and Indonesia on virtually every area of human activity. Could the Minister comment on what we will do about Article 5, on terrorism? What specific input will the UK make in terms of resources committed to helping Indonesia and ourselves in that extremely important area?

There are two other important areas, one of which is Article 34, on migration. All the people in the world have an interest in humane movement and controls of people, and particularly in the stamping out of the evil of people trafficking. I hope that we will be able to make some contribution to Indonesia in that area. Finally, and probably most significantly, is the whole issue of deafforestation. Indonesia has the second highest rate of deafforestation after Brazil; it is about half that of Brazil but many times greater than any other nation. The Indonesian forests are a key part of the ecology of the planet. Anything that can be done through co-operation with Indonesia to lower the rate of deafforestation has to be good for climate change and needs to be done fairly urgently.

I am interested in how the Minister can illustrate the practical steps that will follow once this treaty comes into force, which we all hope will be quite soon.

[Baroness Falkner of Margravine]

We too welcome this partnership agreement with Indonesia. As the Minister pointed out, it is the largest Muslim country, and this agreement is the first with an ASEAN country so it is very welcome. However—he would expect there to be some howevers in such a comprehensive agreement—there are obviously concerns. First, it is undoubtedly true that Indonesia has made significant progress since 1998 in terms of democratic freedoms and human rights. Multi-party democracy is now established and is increasingly becoming entrenched throughout the country, which is no mean feat given the size of the population and the very different traditions evident there. Nevertheless, the agreement—particularly Article 26—is very weak in terms of human rights. It tries to encompass all the European Union’s interests in that area in 56 words—Article 27, on environment and natural resources, runs to a couple of hundred words; I did not have time to record quite how long it was—words that are at best dressed up as hopeful sentiments. Its second paragraph states that:

“Such cooperation may include … supporting the implementation of the Indonesian National Plan of Action of Human Rights … human rights promotion and education”,

and so on. Those 56 words go on to say:

“The Parties agree that a dialogue between them on this matter would be beneficial”.

This is extremely weak and almost inadequate if it is to be a blueprint for how we approach partnership agreements with other countries, particularly in the Muslim world where there are significant concerns about human rights norms. If this is the first such measure, I dread to think what might happen as we proceed with countries with worse records.

Most human rights organisations agree that abuses by security forces have been especially severe in Aceh and Papua. Freedom House recommends that the two most important steps the Government can take to improve civil liberties are keeping the peace process on track in Aceh and engaging in serious dialogue with local leaders in Papua. The Minister will recall that he was asked to deal with some of these questions only last Thursday, 16 December, as recorded at cols. 726 and 727 of Hansard. He was asked about the inability of foreign journalists to travel in these areas and the lack of any transparent, open media coverage of these conflict situations, despite our having raised these issues at the highest level. This raises suspicions that things may be worse than we might imagine. When asked to say what was the response of the Indonesia Government to the Deputy Prime Minister and the ambassador raising these issues, he replied:

“Not in detail, except that they recognised we have these concerns”.—[Official Report, 16/12/2010; col. 727.]

Given that we are just one of 26 EU countries that have these concerns and were involved in the lead-up to this partnership agreement being agreed on 9 November, and that these ongoing situations constitute extremely severe and serious conflicts with significant loss of life, I should have thought that the EU would be able to take on board that we have rather graver concerns than those set out in Article 26.

Women’s rights are also of considerable concern to us. We understand that at some levels Islamic law is incompatible with civil law and that gender equality is still a long way from being achieved. Therefore, it is not only a matter of our exhorting Indonesia to do better but of using the leverage that we had at the point of signing this agreement to achieve something. Naturally, the agreement is set and we will move forward, but I echo the sentiments of the noble Lord opposite that the proof of the pudding will be in the implementation. A joint committee meeting every two years to discuss articles as weak as the ones that I have described will not create the environment whereby we might achieve great advances in these areas.

Finally, Article 44 on resolving differences allows for a party to opt out,

“except in cases of special urgency”.

Given that we are discussing a country that, even after it embraced democracy, has a record of imposing a state of emergency, it does not instil confidence in one to think that these cases of special urgency will be exceptional. Clearly, we can expect that they would be exceptional in a conflict situation but I hope that, as we go forward with this agreement, we will make representations to the Indonesians that we expect them almost never to be invoked.

[Lord Howell of Guildford]

I am extremely grateful to the noble Lord, Lord Tunnicliffe, and my noble friend Lady Falkner, for their comments on this issue. We are dealing very briefly with a vast range of issues connected to a vast country. I shall first address the acute points made by the noble Lord, Lord Tunnicliffe, about the detail. We have the agreements; where is the detail; if I may use the colloquial, where is the beef?

Let me describe to the noble Lord four policy areas for closer co-operation—one, in particular, on which he concentrated—which have been agreed already but which the PCA will boost, reinforce and create a new forum in which we can carry them forward. First, on trade and investment, we will, under the PCA, explore new areas of co-operation, including research and development, and a series of sectoral committees will help to identify opportunities and more rapidly defuse irritants in key sectors of commercial interests, which is always a very valuable asset, because small irritants can turn into great barriers if one is not careful and does not handle them very positively indeed.

Secondly, on environment issues, the climate change question is a shared political priority. As I said earlier, Indonesia is the world's third largest carbon emitter, and we will use the PCA to boost co-operation in key environmentally sensitive areas, such as fisheries and afforestation—which the noble Lord, Lord Tunnicliffe, rightly raised. A partnership agreement with Norway earlier this year, which the UK supports, should put in place a framework with Indonesia to reduce deafforestation and degradation rates. I fully accept that a lot more work is needed to make the framework robust. The UK committed in December last year—a year ago—to support the achievement of Indonesia's climate change objectives through a five-year, £50 million programme. That is particularly relevant when it comes to deafforestation. It is likely to include significant partnership with the province and district governments of Papua, where the potential for emission reductions, development gains and the checking of deafforestation is very important.

In answer to the general question about the detail, the third area that is very important for us is education. Indonesia and the EU will seek to boost a co-operation agreement in the education field through existing programmes, such as the Erasmus Mundus scholarship programme, which funds Indonesian students to study in the EU; and through a new initiative, such as educational fairs, co-operation on research and other programmes. That will all be reinforced within the PCA forum.

Fourthly, on the area on which my noble friend Lady Falkner rightly concentrated—although when I say that it is fourth, one could say that it is first, because there is no priority of numbers here—the EU-Indonesian human rights dialogue was launched on 29 June last year. My noble friend rightly observes—she is tireless in her accuracy and her work on this front—that rhetoric and saying where we have got to is not enough, and that a lot more work is required. The dialogues are under way already.

The PCA is reinforcement for what has been raised in the dialogues. The aim is regularly to discuss issues of mutual interest and concern related to human rights, including through annual meetings of senior officials. It is an avenue to discuss issues such as that which we discussed in the Chamber of your Lordships' House only the other day—the situation in West Papua, in which there is a great deal of proper and understandable interest. The next dialogue will be in June next year. Beyond that, the existence of the partnership agreement will provide opportunities for pressing further. My noble friend is quite right that one can aspire, for example, to greater access for journalists to the situation in West Papua, or that human rights issues are investigated. We can aspire to see that appropriate dialogue toward some settlement of the West Papuan scene is progressed. Those are aspirations, but carrying them forward requires the most constant, intimate exchanges based on trust and respect.

We fully support the territorial integrity of Indonesia as a great nation, but obviously, like everyone else, we want to see the West Papua situation resolved and human rights respected wherever possible. We will carry on with the procedures that I described to your Lordships last week of raising the issues. More than that, once the PCA comes into force—of course, it has yet to be approved in the other place—we will have an additional forum in which we can reinforce these views, press them, turn them into real actions and carry them forward.

I thank my noble friend and the noble Lord for their comments. I believe that further engagement of every kind with Indonesia will help us to achieve greater prosperity in our country because of the huge opportunities of a vast, new consumer market, with an estimated 35 million to 40 million people with incomes in the range of the European Union’s average level of income. This is an enormous, ready-made consumer market, which will grow bigger because the total population is many times that.

It is important to strengthen our ties with Indonesia on the security agenda, about which we have not talked much, but which is very important. It is important to do that while supporting all the ongoing work and reforms to further improve the human rights situation and to entrench democracy and the rule of law. I thank noble Lords for their support and ask that they approve this order.

Motion agreed.

Indonesia

Lord Howell of Guildford Excerpts

Thursday 16th December 2010 Lords Chamber

[Lord Harries of Pentregarth]

To ask Her Majesty’s Government whether they will make representations to the Government of Indonesia regarding the initiation of a dialogue with the indigenous West Papuan opposition.

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

My Lords, the UK remains committed to the territorial integrity of Indonesia. We will do all we can in support of measures to address the widespread poverty in the area in question, and to raise our concerns about human rights abuses wherever they occur. We encourage, along with other international partners, a meaningful dialogue which would be of assistance in finding an acceptable solution.

[Lord Harries of Pentregarth]

I thank the Minister for his reply, but would he urge on the Indonesian Government the sheer seriousness of the present situation? He will not need to be reminded of the statement of the Foreign Secretary in the other place that friendly relationships with states should in no way preclude our raising human rights abuses in the strongest terms. Would he draw the attention of the Indonesian Government to the fact that 10,000 people are assembled in June to reject the so-called special autonomy measures? The West Papuan people do not believe that these are helping them, and a dialogue is needed with their leaders.

[Lord Howell of Guildford]

I appreciate the very strong feelings on this subject, not only of the noble and right reverend Lord but of many people about some of the reports from that area. I fully endorse what my right honourable friend the Foreign Secretary said in another place. Our ambassador raised with the governor authorities only a couple of weeks ago some aspects concerning human rights that clearly concern us greatly. The Deputy Prime Minister raised questions of human rights in the area and of access of journalists, to see just what is going on, when he met senior Indonesian Ministers at the Asia-Europe summit in October. So we certainly have not been silent on this matter, but we do believe that it really is the responsibility of the central, district and provincial Governments and all the parties concerned to work out exactly how a dialogue is going to go forward. There are real restraints on how much we can do from outside, except to keep raising our voice about the clear abuses of human rights that have, sadly, occurred.

[Lord Avebury]

My Lords, I declare an interest as having been involved for two and a half years in the negotiations between the Indonesian Government and the Acehnese people, which led to a successful conclusion. Has the example of that process, and in particular the use of mediators, been considered by the parties? If not, could it be suggested by the Government to the Indonesians?

--- Later in debate ---

[Lord Howell of Guildford]

In instances such as the one that my noble friend has mentioned, mediators and facilitators can play a part. We have not been asked to play such a role ourselves, but I would not question the proposition that in very difficult and intense situations of the kind that we are discussing, this kind of mediation can undoubtedly play a part. However, we have not been asked to play that part.

[Lord Hannay of Chiswick]

Will the Minister confirm that the Indonesian Government are maintaining their ban on foreign journalists going to Papua? If that is so, does he not agree that the ban is entirely counterproductive, because it nurtures the view that there is something going on there that has to be concealed? Will he therefore say whether the Government will follow up the intervention by the Deputy Prime Minister at the Asia-EU summit and press the point on the Indonesian Government in their own best interests?

[Lord Howell of Guildford]

Certainly what has been raised by the Deputy Prime Minister will be followed up. The noble Lord mentioned concealment. If he has visited websites, as I have, to look at reports of what is going on there, he will have seen enough to realise that horrific and dreadful things have occurred. While the case for greater access for journalists is always strong and we will pursue it, we can already see what is happening there.

[Baroness Liddell of Coatdyke]

My Lords, the noble Lord will be aware that one of the associated problems in Indonesia is that of people smuggling. In view of the tragedy overnight off Christmas Island, will the Government do everything in their power to raise again in international fora the need for concerted international action against people smuggling?

[Lord Howell of Guildford]

Yes, of course we will. One has to echo the words of the noble Baroness about the sadness and tragedy so graphically depicted in photographs in our newspapers this morning of these refugees—boat people of a kind—going to a terrible death in the storms off Christmas Island. It is very sad.

[Baroness Symons of Vernham Dean]

My Lords, the Minister was kind enough to tell us that the ambassador raised these issues, as did the Deputy Prime Minister at the summit a couple of months ago. Will he tell us what the response of the Indonesian Government was to having these matters raised?

[Lord Howell of Guildford]

Not in detail, except that they recognised we have these concerns. The ambassador was in the West Papua region and talked to the governor and to the police authorities. He made the point very clearly that the reported abuses of human rights are completely unacceptable and that we are very concerned. As far as concerns their response, we must try to look forward to the possibility of getting a dialogue going so that an acceptable solution can be found. However, from outside it is very difficult for us or for any other international partner to define what that solution should be and how it should go forward.

Burma

Lord Howell of Guildford Excerpts

Wednesday 15th December 2010 Lords Chamber

[Lord Elton]

To ask Her Majesty’s Government what assessment they have made of the role of China in the development of the infrastructure and economy of Burma and of its implications for that country and the region.

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

My Lords, Chinese investment in Burma is significant and growing. Major projects are under way in the oil, gas and mining sectors. We are concerned that such investment will not benefit the people of Burma due to the regime’s economic mismanagement and the prevalence of corruption and human rights abuses, including forced labour. Increased competition in the region for influence and economic opportunities in Burma has reduced pressure for genuine political reform.

[Lord Elton]

My Lords, in view of China’s overt economic and tacit political support for this tyrannical regime and that of North Korea, should we not now be looking with critical and anxious eyes at China’s enormous economic effort in other places, such as Africa and South America?

[Lord Howell of Guildford]

I am particularly grateful to my noble friend for raising this issue because the answer is an emphatic yes. The extent of Chinese investment and trade in Latin America, Africa and south-east Asia is enormous and growing very fast indeed. We constantly urge the Beijing Government and the Chinese to match their actions and their activities with a responsible influence so that the vast sums that are poured in and the huge infrastructure that has developed can be of benefit to and not disrupt the economies in which they operate. But it is an uphill task and there is very rapid change going on in the balance of world power as a result of these developments.

[Baroness Cox]

My Lords, is the Minister aware that the Shan Women’s Action Network has recently launched the report High and Dry documenting very serious problems affecting people in the Shan state of northern Burma arising from a dam being built on the Longjiang River in China’s Yunnan Province? It highlights the need for an assessment of the impact of trans-boundary dams and shared water resource management. Could Her Majesty’s Government encourage the Chinese Government to address these matters urgently because they are seriously affecting the lives and livelihoods of people inside Burma?

[Lord Howell of Guildford]

Yes, we are aware of the Shan Women’s Action Network report which has just been published and the very worrying situation it outlines where the potential stoppage of water further up the river by Chinese activity would cause grave harm. We regularly discuss environmental concerns at official level with the Chinese Government; we are particularly focused on this matter and will certainly raise it further with them.

[Lord Hylton]

Can the Minister confirm that China has been buying up large quantities of the best tropical hardwoods from Burma only to convert them into low-grade plywood? Is that not a bad bargain for both countries?

[Lord Howell of Guildford]

I cannot confirm the detail but that kind of practice is clearly highly undesirable. In our constant dialogue with the Chinese on the need for environmental responsibility, that is a matter that we will certainly raise if we are not doing so already.

[Baroness Kinnock of Holyhead]

My Lords, of course we all agree with the concerns which the noble Lord has expressed about the way that China behaves in Burma as well as in other parts of the world. However, as far as that region is concerned, is not the most important thing to ensure that China uses the influence that it has regionally on the Burmese regime?

[Lord Howell of Guildford]

I think I understood the noble Baroness. Clearly, we have to seek responsible dialogue with the Chinese to ensure that they do not undermine the effect of the sanctions that we are keeping in place and which are having some effect because the generals are complaining bitterly that the sanctions put in place by the US, Australia and the EU are damaging their lifestyle and plans. So we will continue with these sanctions but we must have better co-operation from China and other countries in this matter. If that is what the noble Baroness was arguing for, I am right with her.

[Baroness Falkner of Margravine]

My Lords, does my noble friend agree that the slight shift in the US position, whereby it wishes to have direct negotiations with Burma to build a better relationship in the longer term, will help shift the regional balance of power by making China less capable of making Burma a client state, particularly in terms of ports in the Indian Ocean and strategic shipping?

[Lord Howell of Guildford]

We are constantly looking at ways of bringing more effective global pressure to bear on this unpleasant regime and its practices. Any developments of this kind need to be measured and calibrated very carefully, but it is the direction in which we should go.

[Baroness Symons of Vernham Dean]

My Lords, do the Government believe that there is any truth in the suggestion that the Chinese are helping the authorities in Burma to develop a nuclear capability?

[Lord Howell of Guildford]

I have no evidence or proof of that, beyond media suggestions. There is no established evidence or clarity on that matter which I can share with the House today.

[Lord Dubs]

My Lords, does the Minister agree that there is a little difficulty with the sanctions regime against Burma, which instinctively we would all be inclined to support? If the sanctions are working, they will leave a gap for the Chinese; yet if western companies go into Burma, they are accused of conniving with the regime. There seems to be no answer to that.

[Lord Howell of Guildford]

The noble Lord puts his finger on an obvious dilemma. The answer to it is responsible action by the Chinese. If China’s activity effectively undermines the impact of sanctions, then the noble Lord is absolutely right in his analysis. However, it does not seem to be working that way. The sanctions appear to be causing considerable difficulties, reflected in the continual, bitter complaints made by the generals and the authorities about them. They feel that they are both hostile and damaging to their nation and target those who are richer and more comfortably ensconced rather than the ordinary people of Burma.

EU: Repatriation of Powers

Lord Howell of Guildford Excerpts

Tuesday 14th December 2010 Lords Chamber

[Lord Spicer]

To ask Her Majesty’s Government which powers they are seeking to repatriate from the European Union.

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

My Lords, our priority has been the European Union Bill, but we have begun initial work on the balance of the EU’s existing competences and what they mean for Britain. This complements our ongoing activity with the Commission to reform the EU institutions. All this work needs to be undertaken before we can determine the way forward, but we are also taking some action now. We will want to limit the application of the working time directive in the UK and we are deciding whether to opt into legislation on criminal justice on a case-by-case basis with a view to maximising our security, protecting our civil liberties and preserving the integrity of our criminal justice system.

[Lord Spicer]

Does my noble friend agree that, so long as the acquis is at the centre of the European treaties, it will be impossible to repatriate any powers?

[Lord Howell of Guildford]

My Lords, the acquis obviously embodies an accumulation of powers. We are now in the 21st century and I suppose that we would all wish to see, if I may use a domestic analogy, a bit more localism in the management of our affairs. However, we are reviewing the situation. The work is at a fairly early stage and I cannot make any further detailed comments on that matter now.

[Lord Pearson of Rannoch]

My Lords, will the Minister not come clean and admit that not a comma can be changed in the treaties, nor can the smallest power be repatriated, without the unanimous consent of all 27 member states, and that therefore the repatriation of powers is really not possible?

[Lord Howell of Guildford]

I understand exactly the noble Lord’s concern on this, but I think that he is being a bit defeatist. It seems to me that there is a very widespread will throughout the European Union to reform it and indeed, if I may borrow a phrase, to make it fit for purpose in the 21st century. That certainly involves a sensible pattern of competences between the nation member states and the central institutions. Therefore, I think that, by gloomily saying that nothing can happen until everyone agrees, the noble Lord is taking a very negative approach to an area where European reform is perfectly possible.

[Lord Lea of Crondall]

My Lords—

--- Later in debate ---

[Lord Lea of Crondall]

My Lords, it is obvious that the Government are up a gum-tree with their policy. An example of their prejudices is the working time directive. When he was a Minister in this House, the noble Lord, Lord Darzi, pointed out that the absence in the United States of the famous 48-hour limit for doctors, which is often quoted, costs many thousands of lives there a year, so how can the Government stick to these dogmas when the facts are against them?

[Lord Howell of Guildford]

I just do not recognise what the noble Lord is saying. On the question of health administration and working hours in the medical profession, constructive discussions are going on with our fellow EU members about ways in which we can go forward. On the working time directive, we want to limit its particular application in a number of areas, which we intend to do. I do not understand all the talk of dogma and gum-trees. They may be trees that the noble Lord lives with, but they do not come into my bailiwick.

[Lord Tebbit]

My Lords—

--- Later in debate ---

[Lord Tebbit]

Would my noble friend like to agree that all great journeys commence with a single step? Perhaps he could arrange for our masters in Brussels to allow children of 10 in this country to purchase crackers for Christmas.

[Lord Howell of Guildford]

I do not know whether the right single step would lead in the right direction, but I note my noble friend’s concern that the purchase of crackers by children of the right age should be a reasonably available and accessible freedom.

[Baroness Symons of Vernham Dean]

My Lords, the Minister has been very good at explaining what he would like to do but rather less good at explaining how he would do it. The question posed by the noble Lord, Lord Spicer, was what mechanism would bring into effect all this work that he has described the Foreign Office as undertaking, or is the work really pretty pointless because there is no way of bringing it into effect?

[Lord Howell of Guildford]

With great respect to the noble Baroness, the Question, which is in front of me, asks,

“which powers they are seeking to repatriate from the European Union”.

I have made it absolutely clear—

[Baroness Symons of Vernham Dean]

The supplementary.

--- Later in debate ---

[Noble Lords]

Order.

[Lord Howell of Guildford]

I am not sure why the noble Baroness was intervening, but I was trying to answer the question when she interrupted. We are working on this now. I confess that our priority has certainly been the European Union Bill, which places new reassurances on the transfer of further competences to the EU, but nevertheless we have begun initial work on the balance of the EU’s existing competences and what they mean for Britain. When we work that out, we shall proceed constructively to see how those things can be implemented and adjusted. I see no difficulty in that procedure and in following that process, which I hope will lead us in a constructive direction.

[Lord Dykes]

Now that my noble friend is a senior member of the coalition team, will he promise at long last to be a little bit enthusiastic about our membership of the European Union? Would it not be a good idea from now on to give a lead? Does he agree that the Lisbon treaty is an ideal basis and balance for all the things that we want to do with the other 26 member states to take the European Union forward for the good of the public?

[Lord Howell of Guildford]

As my noble friend is getting a bit personal, I shall say that I have always been a very enthusiastic European and advocate of sensible reform of and working with the European Union so that it goes forward in a constructive way. I do not deny that, in the past, some of the overload at the centre and the extensive acquisition of competences have tended to slow down the best kind of Europeanism. I believe that in our coalition—of which, I hasten to say, I am a very junior member—we are all united in wanting a European Union that is constructive, goes forward positively and meets the challenges of the 21st century. That is what we are all working for.

[Lord Campbell of Alloway]

My Lords, will my noble friend confirm that we retain our residual sovereignty and that the Lisbon treaty—

British Indian Ocean Territory

Lord Howell of Guildford Excerpts

Tuesday 14th December 2010 Lords Chamber

[Baroness Whitaker]

To ask Her Majesty’s Government, further to the Written Answer by Lord Howell of Guildford on 28 October (WA 326-7), on what they spent the £1.5 million allocated to the British Indian Ocean Territory fund in 2009-10.

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

My Lords, the £1.5 million allocated to the British Indian Ocean Territory Administration was used to offset some of the costs of running the territory’s patrol vessel. The patrol vessel has helped to enforce the fisheries regime, and now it will enforce the marine protected area. It is also an important tool to help ensure the security of the territory and to enforce environmental and other regulations which apply in the British Indian Overseas Territory. The vessel has hosted groups of Chagossians in recent visits to the outer islands of the territory.

[Baroness Whitaker]

I thank the Minister for that very detailed Answer. Can I ask him about two further economies? Now that what the Times has described as “petty manoeuvres” by officials to keep the Chagossians from their home have been exposed, could not Her Majesty's Government be brave enough to save the legal costs of the European court case—about £5 million, I think—and start the process of return for these unfairly exiled people? Secondly, does he agree with me that the vast majority of the world’s marine protected areas have allowed the original inhabitants to remain there to help with the conservation work?

[Lord Howell of Guildford]

The noble Baroness, who follows these matters very closely, has raised a number of important issues. I think that one has to reject the talk of manoeuvres to keep Chagossians from their home. Fundamental and very difficult dilemmas must be faced by those who have the responsibility, or who want to take on the responsibility, of deciding how to solve this problem. The matter is before the European Court of Human Rights at the moment, and remains before it, and that is our position. My right honourable friend the Foreign Secretary has said that we continue to examine this policy in detail, and that is what we will do, but the fundamental position that we take was, I think, taken exactly by the previous Administration as well and is based on some very difficult but hard realities about both our needs for defence and the rights of those concerned.

[Lord Avebury]

My Lords, will my noble friend ask the Americans to agree to the publication of the minutes of the politico-military discussion with US officials in October 2009 in so far as they covered the return of the Chagossians to their outer islands? Does he agree that, despite attempts by the FCO to ventriloquise the Americans into making a statement that even a small number of Man Fridays—as they contemptuously refer to the inhabitants—would jeopardise military operations at the base, the Americans have said nothing official on that subject since President Obama took office?

[Lord Howell of Guildford]

I do not think that I can comment on the WikiLeak gossip that has circulated around the globe. Much of it is very inaccurate or taken completely out of context, so I would not like to comment further on those matters.

[Lord Ramsbotham]

I declare an interest as the vice-chairman of the all-party group that was described by a foreign official in WikiLeaks as being persistent but non-influential. The Minister mentioned defence. In our last meeting with Mr Henry Bellingham on 15 November, I mentioned to him a letter that we had had from Mr Lawrence Korb, former Assistant Secretary of Defence in America, who said that there was no good national security reason for not allowing the Chagossians to return to Chagos, including Diego Garcia. Is that the view of the Foreign Office as well?

[Lord Howell of Guildford]

The view of the Foreign Office is embodied in the fact that we are involved in the case at the European Court of Human Rights, and we are really not in a position to comment further except to say that we stand by the arguments and the justifications that lead us to remain in that position in the legal process. As I said, my right honourable friend has said in another place that we continue to examine this in detail and to look at the policy, but I cannot offer the noble Lord anything other than to say that the case is before the European Court of Human Rights, that the arguments are on the table there and that this matter has to be resolved there.

[Lord Steel of Aikwood]

As another member of that non-influential parliamentary group, I ask the Minister whether he is not concerned that it appears that Foreign Office officials have managed to irritate both the Mauritian Government and the United States Government by using the marine protection agency as a cover for denying the Chagossians the right to return.

[Lord Howell of Guildford]

I do not know where my noble friend gets this concept of a cover from, except presumably from WikiLeaks. There is no question of a cover; they are completely separate issues. However, when it comes to handling them, we are concerned because we have inherited a situation in which there was certainly a lot of misunderstanding and even ill feeling between us and the Mauritian Government. We are very anxious to talk to the Mauritians again and to try to handle this matter better than it has been handled in the past.

[Baroness Symons of Vernham Dean]

My Lords, has the Foreign Office had the opportunity, since the coalition came into office, to discuss this issue directly with the United States Government?

[Lord Howell of Guildford]

There are ongoing discussions with the United States Government about this and other matters related to broad defence needs and to the particular problems we are discussing today. So the answer is yes: discussions have been ongoing at various levels.

[The Earl of Sandwich]

Does the noble Lord agree that the European court is likely to decide in favour of the Chagossians and that it is high time that the Foreign Office prepared for the massive compensation scheme which will arise and to forecast where the money will come from? The money cannot come from Mauritius, and we have the responsibility.

[Lord Howell of Guildford]

I cannot possibly speculate on the outcome of a legal process—but the noble Earl has rightly pointed to one of the possible outcomes should it go a certain way, which has a really vast implication in terms of resources.

Arctic Ice Cap

Lord Howell of Guildford Excerpts

Monday 6th December 2010 Lords Chamber

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

My Lords, this has been a short but expert debate, with a lot of extremely well informed contributions to what is a fascinating and probably rather undiscussed phenomenon of our times. It is a very fast-developing situation, as the noble Lord, Lord Jenkin, pointed out, with rapidly melting ice packs and ice floes in the Arctic region. The House is grateful to the noble Lord, Lord Jay, for letting us focus briefly on this; it may be the sort of issue that we will come back to in much greater detail in future.

The phenomenon is all the more striking because of the possibilities that it raises. Greenland is becoming greener, or so we are told. Indeed, there is evidence of areas becoming habitable again in Greenland, which have not been available for five or six centuries. There is a certain irony in the whole situation that, as the ice melts, the hydrocarbons are becoming more accessible. While we want to combat global warming, which is widely believed to be closely associated with excess use of fossil fuels, we have a situation which is making access to fossil fuels all the easier, although perhaps easier is too strong a word. It is certainly less difficult and more possible than it has been in history.

There is the hydrocarbon situation and the fascinating prospect of opening the north-west passage, which my noble friend Lord Rotherwick referred to, and the possibility of solar routes. I want to come to both of those in a moment, but let me begin by answering the central question: what are our key aims in the Arctic and what are we in the UK doing to meet these challenges? Let me sum up the answers to those questions briefly before coming to more detail about hydrocarbons and many other aspects of the Arctic phenomenon.

Our aims are to promote peace and good governance in the region, increase UK influence by maintaining good bilateral and multilateral relationships with the Arctic states, and to support the work of the Arctic Council and other international and regional bodies. The noble Lord, Lord Jay, asked about our status in relation to the Arctic Council We are an observer and we have presented a very strong case for our continued observer status. Frankly, we would like to see this whole issue raised by the Arctic powers of who should be observers and how that should work in the future. We want that to be as settled as possible and believe that we can make a powerful contribution to the continued work of the Arctic Council.

Our second aim is to protect crucial UK energy supplies from the region and promote UK business interests. Thirdly, we want to ensure access to fisheries and transport routes in the region, including the ones that may open up in the future—not just in summer but in winter. Fourthly, we want to promote wider UK Government objectives with regard to sustainable development, environmental protection and climate change.

Let me move from the general to the particular. I have noted already the irony that the melting of the ice means that all sorts of possibilities open up for access to the huge hydrocarbon resources in the region. We need to remember that this is not virgin territory. We have the Stockman field, to which my noble friend referred, Snohvit, the Norwegian development, Prudhoe Bay and the vast Alaska resources operated by BP, so oil and gas—particularly gas—is being extracted from the area in substantial quantities already. They are small compared with what is estimated to lie in the region, and all kinds of vast figures are thrown around. The US authorities estimated some years ago that 30 per cent of the world’s gas reserves and 13 per cent of the world’s oil reserves lay under the Arctic ice, or in the Arctic region. One has to be careful with these figures because they are assessments of what has not been discovered, so they have a guessing element to them. But there is no doubt that colossal reserves are there and the question arises as to how they can be got out economically and in line with all the other restraints that the world wants, including respect for the environment.

There are then the shipping aspects, which are potentially very interesting, to which my noble friend Lord Rotherwick referred. In a way, although one may be eliding the timescales a little, many would say that today travelling through the Gulf of Aden has become considerably more hazardous with the unfortunate growing piracy elements. Insurance premiums have gone up enormously for taking the traditional routes between the West and the East, and the north-west passage is many thousands of kilometres—and miles—shorter. If the passage became available in the summer, and at least parts of the winter, the gain would be enormous and of great interest to the great shipping and transport companies of the world. Those are the possibilities. They are undoubtedly exciting and real because the melting is taking place. Scientists argue about the precise nature and speed of the causes and whether we are talking about a cyclical, historical or permanent trend. That is a debate that we do not want to enter into this evening. However, the melting is a fact.

Against that, it has to be accepted that extracting oil and gas in the area could lead to oil spills and environmental hazards. The conditions are very difficult and, even with the melting of the ice, we are dealing with appallingly cold conditions. Deep-sea drilling, as we know from the tragedies in the Gulf of Mexico, is full of hazards. The world is watching closely to see that these things are controlled very carefully. The noble Viscount, Lord Waverley, was concerned about the guidelines for the extraction of hydrocarbons. We fully support the Arctic Council guidelines. They must be adhered to rigidly.

Secondly, there is the question of straightforward economics. At what price a barrel of crude does it begin to look realistic to develop the technologies to extract from under the ice and to develop the kind of offshore sub-sea stations that can draw oil and gas horizontally on to land-based refining and receiving stations? The costs are very high. All sorts of estimates fly around. There is no doubt that if the price of crude was as low as it dipped two years ago—or as low as it dipped back in the 1980s—the attractions of any kind of extraction in this area would be very small. There are major environmental issues and major fisheries interests to be safeguarded. There are the interests of the indigenous peoples to be looked after.

Against that, the politics of the whole region has begun to be not as dismaying and deterring as perhaps it seemed in the past. The littoral five—Russia, Norway, Denmark, Canada and the USA—and the other three members of the Arctic Council—Iceland, Finland and Sweden—are now co-operating more closely than they have in the past. The long debate between Russia and Norway about demarcation lines looks like being settled. It is yet to be completely signed but the spirit is one of co-operation and is constructive. The noble Lord, Lord Teverson, brought us a hint of the good news from his interlocutor. The major political problems and quarrels that might have tarnished the whole scene as it unfolds look like they are being tempered by a degree of co-operation, which is very good news.

The noble Lord, Lord Alderdice, asked about security. There are concerns that various countries have sent patrol vessels to the area. Everyone became very excited when the Russian authorities decided to place a sub-sea titanium flag on the North Pole. Again, one hopes that the spirit of co-operation that is evident in the Arctic Council will prevail.

That is the scene. We are involved with it and watch it very closely. The possibilities are undeniable and there are also dangers. I hope that noble Lords will feel that Her Majesty’s Government are alert to this new development. We are not closing our eyes to something of great importance. We are not an Arctic power but we tend to be close to it. The possible implications for our coastline, if the climate developments continue in the way some fear, and certainly for our energy security, are real.

I hope that this debate has helped the noble Lord, Lord Brett, warm up a little from his cold start this morning. I have not answered in detail about the flooding matters., but I will write to him about them. They are part of a more general concern that we all have about flood protection. I thank the noble Lord, Lord Jay, very warmly for initiating such a fascinating, interesting and important debate.

Human Rights

Lord Howell of Guildford Excerpts

Thursday 2nd December 2010 Lords Chamber

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

My Lords, first, not only should we congratulate the noble Lord, Lord Alton, on initiating this fascinating and enormously wide-ranging debate but we can see that the House owes him a lot for his persistent work and the marvellous and tireless way in which he brings to the attention of your Lordships, and to the public, the worldwide problems of the human rights abuses that confront us today. Indeed, I notice that my brief refers to no fewer than 38 countries where there is immediate concern that human rights abuse is prevalent. Of course, if I tried to cover all of those, I would take far longer than the time available.

Secondly, I want to congratulate most warmly the noble Baroness, Lady Hollins, on her very instructive and interesting maiden speech on children’s rights and on their harrowing experiences in Romania, which we have read about but she has seen at first hand. Given her expertise in the field of children’s disabilities and the challenges that they face—which we must help them to overcome—we obviously hope to hear much more from her on those issues.

Thirdly, with the kind understanding of the Opposition, I undertook to say a word about a particular tragedy of human rights relating to a life denied—there could be no clearer abuse of human rights than that—on which my right honourable friend the Foreign Secretary has made a Statement in the other place this morning. It concerned the investigation into the death of the British aid worker Linda Norgrove, who died during a US-led rescue operation on the night of 8 October. In fact, Her Majesty’s coroner for Wiltshire and Swindon is legally responsible for determining the cause of death, so any comment by my right honourable friend—or, indeed, by me—today must not in any way prejudice the course of those inquiries. However, let me just briefly share with your Lordships what has emerged.

On 8 October, a rescue attempt was launched by US forces after intensive efforts to locate Linda Norgrove. The soldiers came under attack as soon as they left their helicopter. A grenade was thrown by a member of the rescue team who feared for his own life and for those of his team. When the grenade was thrown, no member of the team had seen or heard Linda Norgrove; she was found by the soldiers later. The provisional post-mortem results conclude that Linda Norgrove died as a result of penetrating fragmentation injuries to the head and chest. After the investigation, it is clear that those injuries were caused by the grenade. The rescue attempt was an incredibly difficult operation that was carried out with the utmost courage by US elite forces, to whom we are very grateful. Either way, Linda Norgrove’s death was a terrible tragedy. Her parents have paid tribute to her inspiring devotion to the people of Afghanistan and to her love for the country, and have set up a foundation in their daughter’s name to fund projects that support education and health for Afghan women and children.

I am sure that noble Lords will want to join me not only in paying tribute to all those working to support the people of Afghanistan in extremely difficult circumstances but in sending deep condolences to Linda Norgrove’s family as they come to terms with their irreparable loss. Her death is an example of the high price paid by brave people, particularly those who seek to uphold human rights and bring freedom around the world.

Turning to the debate, which has been of an excellent quality and very educative due to the experienced speeches that have been made, I acknowledge that the theme of the debate has been built around the Conservative Human Rights Commission report, which has recommended a number of measures to strengthen the Foreign and Commonwealth Office’s institutional capability to address human rights. As that has been the central theme, that is what I will speak on mostly, although I will also seek to address a number of other issues raised by noble Lords.

In response, I want to reaffirm the Government’s view that human rights are essential to, and indivisible from, the UK’s foreign policy priorities, just as the Foreign Secretary said very clearly in his speech of 15 September, to which several noble Lords have referred. I can report that a number of the Conservative Party Human Rights Commission’s institutional recommendations have indeed been taken up, which is what the noble Lord, Lord Alton, rightly asked about. In particular, I refer to the Foreign Secretary’s decision that there should be an annual Foreign and Commonwealth Office Command Paper on human rights along with strengthened lines of reporting. That is the first issue that I was asked about. We have changed the annual report a bit, as it will now be published as a Command Paper—possibly, it will be a rather bigger and glossier document—and will come forward in that form. Also, and even more significantly, we have established the Foreign Secretary’s advisory group, which is holding its very first meeting this afternoon; indeed, it may be taking place while we talk.

Those are two areas in which we have taken up what the commission rightly suggested. There is in general an excellent story to tell about the way in which we have adopted the organisational approaches put forward in the commission’s proposals. We have not translated its proposals in every degree, but we have followed the pattern; for example, freedom of religion will be discussed by the Foreign Secretary’s advisory group rather than by the lower-level freedom of religion panel that existed under the previous Government. Reporting of religious freedom violations, to which several noble Lords alluded, will be covered appropriately in the new arrangements for human rights reporting. The Foreign Secretary and Foreign and Commonwealth Ministers, including me, champion human rights, which are mainstreamed throughout the Foreign and Commonwealth Office’s work. An approach which integrates human rights across FCO priorities both in London and overseas is an effective way of focusing attention on the human rights aspects. That is an important point to make because there have been a number of suggestions that a Minister should somehow take charge of the whole issue. My experience in government—which has been patchy, and others may have more—is that if you assign a particular issue to a particular Minister, it does not necessarily enhance the issue. On the contrary, it can mean that it is put aside from all the concerns of other Ministers and departments and gets buried. We are dealing with human rights, which come into almost every aspect of government. They should be the concern of every Minister, not just of those in the Foreign and Commonwealth Office. That is why we are not so keen on one of the commission’s ideas for ministerial commitment in the way that is described by some noble Lords. The same goes for ambassadors and special envoys. They are some people who do good work, but their efforts can get lost if we do not ensure that the human rights commitment is embedded in the work of all of government and all Ministers at all times.

I turn to the many fascinating issues that have been raised by noble Lords today. I shall not be able to cover everything. The noble Lord, Lord Alton, in a tremendous and magisterial speech which I cannot possibly emulate, raised his unease as to whether we were putting commercial trade before human rights concerns in Sudan. No, we are not; there is no question of that. Human rights issues have been raised again and again by Ministers, including my honourable friend Mr Bellingham when he was in Sudan the other day, and we will continue to press these matters extremely hard.

The noble Lord, Lord Anderson, talked interestingly of persecution of converts and apostasy. He raised the case of Musa Sayed, who is accused of Christian conversion. We are aware of this and are monitoring developments. We continue to remind the Afghan Government of their duty to abide by their national and international commitments on freedom of religion and beliefs. The noble Lord was quite right to raise that case; it is very much in our minds.

The noble Lord, Lord Avebury, spoke about a range of issues—in particular, the persecution of the Baha’is, which has concerned me personally for many years. One has always been appalled at reports of endless persecution and worse of the Baha’i community. We have repeatedly expressed our concern at the shocking sentences of the seven Baha’i leaders in Iran to 20 years’ imprisonment. The Foreign Secretary said on 11 August that we find these sentences entirely unacceptable and that we see them as a despicable attack on the Baha’i faith by the Iranian state.

The noble Lord spoke also about the Ahmadiyya community in Pakistan. I am advised that my honourable friend Alistair Burt has spoken regularly on this subject to the Pakistan Minister for Minorities. He has also met the leadership of the Ahmadiyya community in the UK and outlined the UK’s concerns at ongoing discrimination in a debate in which he took part on 20 October.

The Dalits were raised by the noble Earl, Lord Sandwich, the noble and right reverend Lord, Lord Harries—the former Bishop of Oxford—and others. We are obviously concerned by reports of discrimination against Dalits and other minority communities in India. We discuss these issues with the state-level authorities, drawing their attention to British parliamentary and public concern. Those discussions will continue. In addition, minority rights, including those of Dalits, are among the issues raised via the EU-India human rights dialogue. There are many more things that we also do on this front, but I do not have time to enumerate them now. I think that I have demonstrated that we have this matter very much in our sights.

The right reverend Prelate the Bishop of Wakefield turned to the sickening and horrific accounts of rape and torture in the Congo, as did my noble friend Lady Morris. One can only say that we continue trying to bring these things to a halt and to draw them to the attention of the world, so that these horrors somehow be contained. It is an unrewarding task, but we should never rest on it for one moment.

My noble friend Lady Miller talked about women’s rights. We support and fund projects run by Peace Brigades International. This is a central issue in our human rights work, as again my right honourable friend the Foreign Secretary has made clear.

My noble friend Lord Trimble spoke about the undoubted weaknesses that we have seen in the work of the United Nations Human Rights Council. I am advised that there has been some improvement recently, but we shall want to keep pressing on this matter because it is clear that there were considerable weaknesses in the past and a failure to tackle the most glaring examples of human rights abuse.

The noble Lord, Lord Browne, spoke with the great authority that he has gained from his experience. He mentioned Sri Lanka. We have raised, and continue to raise, our concerns with the Sri Lankans about the situation there. I do not want to elaborate on it now, but it is very unsatisfactory. I myself have had talks with the Sri Lankan Foreign Minister recently and have not minced my words.

The noble Baroness, Lady O’Loan, mentioned cluster munitions. I joined with the previous Government—I think that the noble Baroness, Lady Symons, was also involved—in getting rid of cluster munitions; we have done our work. This is an example of how the WikiLeaks are both going back into the past and, on the whole, covering a lot of irresponsible trivia. The whole exercise should be condemned, not only for the danger that it causes but also for the triviality which it injects into public debate.

The noble Lord, Lord Luce, kindly warned me that he would raise again the difficult question of the Chagos Islands. We continue to engage with the issues seriously. I cannot, at this stage, in the time available, go into all the aspects but it is very much in our minds. Our policy continues as before but our attitude to it and our determination to find ways forward is reinforced.

My noble friend Lady Morris and the noble Lord, Lord Wright, raised the very unsatisfactory situation in Gaza, where pressures must obviously be lifted to enable the abuse of human rights that goes on there to be eased. We are pressing the Government of Israel on that point all the time. I do not think that that benefits the Government of Israel. We want to see Israel and its existence secured as a nation, but that is not to be done by the path of the restrictions on Gaza that we have seen recently.

The shadow of North Korea came into our debates. The noble Lord, Lord Alton, has reminded us again and again of the atrocities and abuses there, and has sought a commission. On the whole, we believe that the first task is to get the six-party talks going. Some interesting comments have come out of Beijing recently on its attitude to both the six-party talks and the whole future of the Korean peninsula. It may be that there just a chink of light is coming in an area which is otherwise very dark and worrying.

My right honourable friend the Foreign Secretary has committed the Government to improving and strengthening the UK's human rights work, and has made clear that human rights will be woven deeply into our foreign policy decision-making at every stage. The noble Lord, Lord Luce, mentioned the Commonwealth. We see it as a valuable network to help to carry forward our human rights policy. The noble Baroness, Lady Symons, asked about the current programme of Commonwealth reform. The current programme is led by the Eminent Persons Group. Our hope is that it will reinforce the potential of the Commonwealth in upholding core values. That is my personal hope, and I have great confidence that progress will be made.

The Prime Minister and the Foreign Secretary have described a policy of practical promotion of human rights, where we work with the world as it is, not as we wish it to be, as being the right way forward. They argue for adapting our approach for each context while pursuing our goals with determination.

There is no one model for promoting human rights in our foreign policy. Each context will demand a different approach. Promotion of human rights implies making robust commitments to the realisation of economic as well as social and political rights— including the rights of women, which are vital and central—and those of minorities and disabled people. It means commitment to enhancing the role of opposition political parties—always difficult for some countries to understand. It means commitment to devolving power to local and regional government, promoting substantive gender equity, addressing the rising tide of religious intolerance, championing efforts to democratise international institutions, and providing effective avenues to enhance the participation of youth. Those are the requirements.

I repeat that, in addressing those requirements, the Government will be guided by four themes. The first is dealing patiently and clearly with the problems that have arisen and that have affected the UK's moral standing. The second is being candid—without hectoring—with countries that do not fully share our values or are violating their human rights obligations. The third is powerfully advocating British values, such as democracy, tolerance, and the upholding of human rights and the national responsibilities which go with them. The fourth is strengthening the rules-based international system.

I end by again thanking the noble Lord, Lord Alton, for enabling us to express those sentiments and to have this debate. It has been a good debate and, I hope, has carried forward the ideas and values to which we all adhere.

UN: Death Penalty

Lord Howell of Guildford Excerpts

Tuesday 30th November 2010 Lords Chamber

[Baroness Stern]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. I declare an interest as chair of the All-Party Parliamentary Group for the Abolition of the Death Penalty.

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

My Lords, the United Kingdom welcomes the adoption of the UN resolution on the moratorium on the use of the death penalty and was pleased to co-sponsor this important initiative. The increase in support on the 2008 resolution to 107 votes in favour reinforces the international trend towards abolition of the death penalty. In October and November, the United Kingdom discussed the aims and content of the resolution with several key states, particularly those which we considered might adopt a new position or where we were keen to confirm support.

[Baroness Stern]

My Lords, I congratulate the Minister on the Government’s efforts at the United Nations and on the success of the resolution. The Minister will be aware that Singapore was one of the states strongly opposed to the resolution. In relation to Singapore, is the Minister aware of the book by the British author Alan Shadrake, which highlights flaws in the way in which the courts in Singapore deal with capital cases? Is he further aware that Mr Shadrake has been given a prison sentence of six weeks for insulting the Singapore judiciary as a consequence of his book? Therefore, have the Government made representations to Singapore about the treatment of Mr Shadrake and about the use of the death penalty there?

[Lord Howell of Guildford]

I am very grateful to the noble Baroness for her kind words. She is of course second to none in campaigning on this central and very important issue. Yes, I am aware of Mr Shadrake’s book and can confirm that he has been sentenced to six weeks in jail for contempt of court. My colleague, the Minister of State, Jeremy Browne MP, issued a statement on 16 November expressing dismay that Mr Shadrake had been charged, convicted and sentenced to six weeks’ imprisonment in Singapore for expressing his personal views on the legal system.

Senior United Kingdom officials have discussed the death penalty with Singapore, most recently in July. The Singaporean authorities are aware that we certainly do not share their views on certain aspects of human rights, but we and the European Union continue to engage with them to encourage them to ratify and implement international human rights agreements and conventions.

[Baroness Falkner of Margravine]

My Lords, is my noble friend aware of the support that 22 Commonwealth countries still have for the death penalty? I note that the Foreign Office strategy document on the abolition of the death penalty makes an issue of the fact that the Government have to work with those countries. Will my noble friend tell us what he is doing to get the Commonwealth countries on board to abolish the death penalty?

[Lord Howell of Guildford]

This issue is particularly important to me personally, as of course it is to the Government as a whole. As we have outlined in HMG Strategy for the Abolition of the Death Penalty, we are looking to expand that work with the Commonwealth, given the number of Commonwealth countries that retain the death penalty, as my noble friend rightly pointed out. We have funded projects in a number of countries and there has been some success. We successfully challenged the mandatory death penalty in Barbados in 2009 and in Kenya in 2010. Indeed, the Kenya challenge led to the commutation of the sentences of the entire population of 4,000 prisoners being held on death row in 2009. There is some progress, but my noble friend is right to say that this is a very worrying area.

[Lord Taylor of Blackburn]

My Lords, does the Minister realise that the English Bar has a very good relationship with the Singapore Bar? Could we not use the English Bar to press on its colleagues in Singapore the necessity of being more generous towards people?

[Lord Howell of Guildford]

I think that that is a very good idea, and one that is often overlooked in thinking about and analysing the Commonwealth. The legal and judicial links between the 54 countries of the Commonwealth provide one of the most powerful opportunities to improve and upgrade human rights, and indeed the administration of justice generally. The noble Lord is absolutely right.

[Lord Low of Dalston]

My Lords, in 2010 Sudan raised the age of criminal responsibility to 18 and introduced the Child Act 2010, which prohibits the execution of children. However, in October, 10 people, of whom four are believed to be children, were sentenced to death by hanging. What representations have the Government made to Sudan on this issue?

[Lord Howell of Guildford]

The noble Lord is right to use the word “However” because, although Sudan has raised the age of criminal responsibility to 18 and has indeed introduced an Act of Parliament that inhibits the execution of children—I should think so too—nevertheless, in October, 10 people were sentenced to death by hanging and four of them are believed to be children. We regularly raise human rights issues with the Government of Sudan, including that of the death penalty. We are aware of the incidents in question and continue to monitor the situation closely. I cannot tell the noble Lord more than that at the moment, but he is absolutely right to point out the contrast between what Sudan has passed as law and what it appears to be intending to do. I hope that we can take effective action.

[Baroness Whitaker]

My Lords, the Minister will be aware that the only country in the Council of Europe to retain the death penalty is Belarus, which has held two executions this year. That is on a par with its disgraceful treatment of the Roma people. What efforts have the Government made to persuade Belarus to abandon the death penalty?

[Lord Howell of Guildford]

The noble Baroness is right to say that Belarus is the last country in Europe to retain the death penalty. Indeed, for that reason, it is not in the Council of Europe. We continue to lobby the authorities to establish a moratorium on the death penalty as a first step towards its abolition. Our embassy in Minsk has been working to support non-governmental organisations campaigning on death penalty issues, and my colleague the Minister of State, Jeremy Browne, whom I have already mentioned, has lent his support to a petition against the death penalty initiated by Belarusian NGOs. There is activity—indeed, I have a lot more briefing on the issue—but, in the interests of brevity, I shall say that we are doing quite a lot on this front.

[Baroness O'Loan]

My Lords, what recent representations have been made to the Government of Iran concerning their use of the death penalty, and in particular on the execution of juveniles and the use of stoning as a method of execution?

[Lord Howell of Guildford]

The Iran issue is of considerable concern because the human rights record of that regime is almost non-existent and certainly repulsive. We continue to make representations of a very vigorous kind. Iran executes more people than any other country in the world except for China. We know of at least 388 executions in 2009. While restating the UK’s view that capital punishment has no place in the modern world, we also regularly remind Iran of its commitments to the International Covenant on Civil and Political Rights, which states that the death penalty may be used only in rare cases for the most extreme crimes. Whether that reminder has any effect at this stage, I rather doubt, but we keep pressing on a very serious and dangerous situation.