Centenary of the Balfour Declaration

Alan Brown Excerpts

Wednesday 16th November 2016 Westminster Hall

[Catherine West]

I believe that the Minister will answer that point shortly. The Labour party supports a comprehensive peace in the middle east: a permanent and long-term peace based on a two-state solution. That is a secure Israel alongside a secure and viable state of Palestine, respecting the boundaries as outlined in UN resolution 242 from 1967. Violence against Israel in any form is unacceptable and can never be justified. It represents a mortal threat to any peaceful, long-term solution. As my hon. Friend the Member for Bury South said, any hatred of Jewish people is anathema, wherever it is found.

At a time when peace is also under threat from the retroactive legalisation of settler outposts in the west bank and the prospect of new settlements in the west bank, we must continue to reiterate the importance of the Israeli Government remaining committed to the two-state solution.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Does the shadow Minister not think we should do more than just issue platitudes about the illegal settlements and the fact that outposts are now being legalised by the Israeli Government? Firm action needs to be taken.

[Catherine West]

I thank the hon. Gentleman for his contribution, but I beg to differ: these are not platitudes; I am stating a position. Anyone who has visited the area knows this is a very sensitive topic that needs to be dealt with carefully without inflammatory language.

British Indian Ocean Territory and the Chagos Islands

Alan Brown Excerpts

Tuesday 25th October 2016 Westminster Hall

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

It is a pleasure to serve under your chairmanship again, Mr Betts. I congratulate the hon. Member for Romford (Andrew Rosindell), the chair of the all-party parliamentary group on the Chagos islands, on securing this timely debate.

As the hon. Gentleman said, we have had 50 years of denial, cover-up, obstruction and plotting against the rights of the Chagos islanders. This is a truly shameful episode that reflects a lot of what is wrong with UK foreign policy—it is truly a hangover of colonial thinking. Imagine if Vladimir Putin and his officials were discussing moving on some “Man Fridays” or “Tarzans” to clear room for a military base, and imagine if they then forcibly evicted those people, allowing them to take only a suitcase, before dumping them at docklands or holding them intermediately in police cells. We would be incandescent with rage, and we would say it is typical of such an authoritarian leader, yet that is what has happened in the UK’s name within the lifetime of many of us in this room.

Worse, as part of that operation, these people were used as bargaining chips for the Polaris nuclear missiles. Imagine the detachment and the uncaring attitude that saw the islanders cleared for a US naval base and an £11 million discount on the Polaris system. That trading of people’s homes, livelihoods and heritage has an equivalent value of £200 million today, which would more than pay for the return of the Chagos islanders.

Even since the true picture emerged after initial denials and cover-ups, the UK Government have spent approximately £3 million defending the indefensible in court. That sum was revealed to me yesterday in a written answer, and I am sure it will be a quantifiable lawyer cost that excludes civil servant and ministerial costs over a 17-year period. Will the Minister confirm that the true costs are greater than the £2.6 million mentioned in the written answer?

The costs become more pertinent when we consider that the Supreme Court judgment in June concluded that, in light of the KPMG study, maintaining the ban on Chagossians returning may no longer be lawful. It is also interesting that the Supreme Court castigated the Foreign and Commonwealth Office, noting that its conduct in withholding important documents has been “highly regrettable”. That sums up the denials and cover-ups over this 50-year period.

There have been plenty of other wrongs, too. One was the creation of the marine protected area, which has been deemed to breach international law and has been confirmed by WikiLeaks to be a ruse to prevent people from returning to the islands.

[Chris Bryant]

As the Minister who introduced the marine protected area, I should respond to that specific point, which has been raised several times in the press. When my hon. Friend the Member for Vauxhall (Kate Hoey) asked in the House of Commons whether the marine protected area was being advanced merely to prevent people from returning to the Chagos islands, I made it absolutely clear that that was not the case and that these were two completely separate matters. For that matter, the then Member for Crawley pointed out that the Chagossians in Crawley, who had been asked whether they were in favour of the zone, supported it by 90%. These two matters are completely separate.

[Alan Brown]

I thank the ex-Minister for his intervention. It is clearly difficult for me to argue against him on one level, but a view has been taken that the zone breaches international law, so I stand by the spirit of my comments.

The Immigration Act 2016 denies British citizenship to Chagos islanders’ descendants, which creates an absurd position whereby the UK is refusing to cede sovereignty over the islands yet is denying British citizenship to descendants. That is a complete contradiction.

Another wrong that I would like the Minister to address is that Diego Garcia has reputedly been used for rendition flights. Will the UK ever give us the true picture on that? As the hon. Member for Romford said, another ongoing deception appears to be that the original clearance and the subsequent non-return is a security matter, yet we know that yachts continue to visit the Chagos islands, and people live near US bases all over the world. A base in itself should not be a barrier to return, especially in the outer islands. I have listened to interventions from two ex-Ministers, who said that the Americans oppose return. It is therefore incumbent on the Minister to make the true position clear. How much consultation have the Government really had on the return of Chagos islanders? Is that factored into the potential renewal of the agreement, which is due at the end of this year? What is the true American attitude?

I believe that the exorbitant costs quoted in the KPMG report are also being used as a potential barrier to return to the islands. We must remember that, again, the UK benefited from an initial cash discount worth £200 million in today’s money and that, as the hon. Member for Romford said, the international development fund can easily accommodate those costs. I also remind the Minister that if the Government released some of the military spending that is double-counted as international aid, it could be put to much better use to support the return of the Chagos islanders. There is also the clear moral argument that the islanders should have the right to return, and that 98% of Chagossians surveyed want to return. I remind the Minister that time is running out for some of the original inhabitants who were cleared off 50 years ago.

This issue has been debated in both Houses for more than 50 years. As has been pointed out, members from all parties in the UK Parliament have joined the all-party group, which shows the will of the House of Commons. I also note that the Scottish National party passed a conference resolution calling for right of return for the Chagos islanders. Once again, I plead with the Government, after 50 years, to do the right thing.

[Several hon. Members rose—]

--- Later in debate ---

[Alan Brown]

Will the Minister elaborate more fully on what exactly that additional work, which he says is ongoing, is in terms of policy, lifestyle and presumably the viability of a settlement?

[Mr Ellwood]

As I touched on, the work is on some of the economic opportunities that exist, lifestyles and the ability to provide the necessary support. We need further work to ensure that the proposal is viable. I think that it was mentioned in one of the earlier contributions that it is simply not enough just to find a solution to return those who want to go back; there needs to be a viable and sustainable community. The options need to be examined in more detail.

Oral Answers to Questions

Alan Brown Excerpts

Tuesday 12th July 2016 Commons Chamber

[Mr Swire]

We are extremely concerned. We strongly encourage the Government of the Maldives to engage constructively with both the United Nations and the Commonwealth envoys and to implement all of the recent recommendations of the Commonwealth Ministerial Action Group. It is crucial that concrete progress is delivered by CMAG’s September meeting. We are also considering bilateral action, including exclusion orders against senior members of the Government and the judiciary.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

T6. The Chagos islanders were the first victims of the UK’s nuclear policy, given that their eviction helped the UK get a discount on Polaris. Lords at the Supreme Court now advise that a refusal to permit resettlement may be “irrational, unreasonable or disproportionate”. Will the Secretary of State advise the new Prime Minister of those factors and ask her to make a quick decision on resettlement for the Chagos islanders?

[Mr Philip Hammond]

As the hon. Gentleman and the House will know, we have been studying options relating to the British Indian Ocean Territory and the situation of the Chagos islanders. The current Prime Minister has taken a great interest in the issue, but it is clear that it will now fall to the new Prime Minister to make a decision.

Western Sahara: Self-determination

Alan Brown Excerpts

Wednesday 20th April 2016 Westminster Hall

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

I beg to move,

That this House has considered Western Sahara and self-determination.

It is a pleasure to serve under your chairmanship, Mr Rosindell. The principle of self-determination is close to my heart, but this debate is about an international situation that has been the subject of interest for all parties of the House. That is reflected by the creation of an all-party group of which I am a member. The debate could equally have been titled “Western Sahara: Self-determination and human rights abuse”, as the two issues are intertwined. The debate is timely given that even today, al-Jazeera quoted from a report by Ban Ki-moon warning of potential

“significant implications for the stability of the region as well as the credibility of the Security Council and United Nations peacekeeping worldwide.”

I will return to those themes as my speech develops.

The region of Western Sahara was ruled by Spain for approximately 100 years. Following its own independence in 1957, Morocco disputed the legitimacy of that colonial rule. Towards the end of Franco’s reign it took advantage of the accepted need for decolonisation by European states in Africa. Consequently, an occupation by some 350,000 Moroccans in 1975 led to Spain transferring administrative control to Morocco and Mauritania. Mauritania dropped its claim of sovereignty in 1979, but to this day Morocco continues to forcibly exert its perceived sovereignty across the nation of Western Sahara.

Morocco has ignored the fact that an indigenous Sahrawi independence movement was formed in 1973. That organisation, the Polisario Front, then fought a guerrilla war from 1975 to 1991, when there was a United Nations-brokered ceasefire. A Polisario Government-in-exile in Algeria was set up in 1976. It is important to note that part of the ceasefire deal included the holding of a referendum on self-determination within six months. Here we are a quarter of a century later, and there has still been no referendum, even though a UN voter list was created in 1999. That obviously led nowhere. The situation has led to Western Sahara being dubbed Africa’s last colony, given that it is the only territory recognised by the UN as never having been decolonised. It is an unenviable title with serious ramifications.

There are still 165,000 refugees from the period of conflict living in the Algerian desert and dependent on international aid. Given that those refugees never make the headlines, it should be no surprise that the aid can be classed as inadequate. There is conflict around the world just now, and we know the scale of the Syrian refugee crisis, so it is easy to become immune to a figure of 165,000, but that is still a huge number of people who are suffering. Given that Western Sahara has a reported population of about 550,000, including Moroccan settlers, we can see the scale of the indigenous population who are classed as refugees.

As often happens before debates, I received briefing notes relevant to the subject of this debate. I have also received official communication from the ambassador at the Moroccan embassy in London. I was pleased to receive it, as counter-arguments are always welcome. I have a mantra when dealing with cases and issues that the truth is usually somewhere in the middle of the two parties’ viewpoints. However, I do not think that is the case with the self-determination of Western Sahara.

Morocco claims to have been colonised in different eras by Spain and France. I therefore find it incomprehensible that Morocco cannot learn from its history that the people’s will should not be subverted. It seems that Morocco cannot see the irony of imposing a ruling force to maintain order, as it sees it, and using settlers to complete a colonisation process. Using an army to maintain control and objecting to Ban Ki-moon using the term “occupation” smacks of an inability to look inward.

Morocco also ignores the fact that, before it took control in November 1975, the International Court of Justice ruled that there were no ties of territorial sovereignty between Morocco and Western Sahara and, further, that the Sahrawi people have a legal right to a process of self-determination. The fact that a referendum has still not been held since the ceasefire deal in 1991 suggests both an unwillingness to move forward and Moroccan concern about the likely outcome of such a poll.

Morocco seems to believe that the African Union’s recognition of Western Sahara belies another agenda, which does not seem credible to me. Since 1991 there has been a UN peacekeeping force in place under the United Nations Mission for the Referendum in Western Sahara, or MINURSO. Unlike any other modern UN peacekeeping force, it does not have a human rights mandate. That is completely unacceptable. Given that there is another vote on 28 April on renewing the peacekeeping force, will the Minister advise us of what representations the Government are making at the UN to incorporate a human rights mandate for the force?

Furthermore, as one of the five permanent members of the UN Security Council—a status deemed so critical to the UK’s role in the world that it featured in the Scottish referendum campaign—what is the UK doing to bring about a fair referendum some 25 years down the road? What discussions have the Government had with Morocco on this issue, and what is the UK view on the sovereignty of Western Sahara?

From a security perspective, the situation is becoming critical. On 26 March, Oxfam stated that there is now a “threat to regional stability”. Does the Minister share concerns about possible threats in the Maghreb region from extremist, terrorist and criminal factions? The Western Sahara Action Forum reports the presence of Daesh sleeper cells and attacks. Does that accord with UK intelligence on the region?

We all know the spiral of descent caused by the unrest manipulated by terrorists, which leads to further human rights abuses and so, of course, to further unrest. It is imperative that the UN gets to grips with that. As recently as March, 84 civilian and three military MINURSO personnel were expelled. Their presence in Western Sahara is critical, and given the suggested mandate for human rights, it seems to me that Morocco is giving the proverbial two fingers to the UN and directly challenging the Security Council’s authority. What is the UK view on that?

I keep referring to human rights. On top of the denial of the fundamental right of self-determination, the situation in Western Sahara goes much deeper. In 2012, the UN special rapporteur found that

“torture and ill-treatment were used to extract confessions and that protesters were subjected to excessive use of force”.

We know that the monthly peaceful protests are regularly broken up, and on one occasion in 2014 that was witnessed by a parliamentary delegation from the UK. One year on, in 2015, Human Rights Watch noted Morocco’s

“growing intolerance for independent human rights organizations and other critical voices”.

In June 2015, two Amnesty International workers were banned, which tells a story.

The US State Department states that there have been an estimated 50 to 70 deaths in detention, and no Moroccan investigations into alleged abuses. I suggest to Morocco that if it is serious about a solution, it needs to recognise allegations of abuse, violence and torture and start some investigations. Other testimonies confirm sexual violence and rape, and lesbian, gay, bisexual and transgender rights are non-existent. Morocco’s autonomy proposal for Western Sahara proposes self-determination “whilst remaining respectful” of Morocco’s “sovereignty and territorial integrity”. I think that we can see that for what it is.

A cynical assessment of the Moroccan offer is justified when we consider the offer within the context of Morocco’s celebrations to mark 40 years of its presence in Western Sahara and King Mohammed VI’s comment:

“Those who are waiting for any other concessions on Morocco’s part are deceiving themselves. Indeed, Morocco has given all there was to give.”

I would like the Minister to confirm the UK view of the Moroccan proposals that have been put forward.

Western Sahara could be a successful independent nation. It has natural resources, including vegetables, fish and minerals. However, Morocco again subverts the will of the indigenous people by using the classic colonial trick of negotiating trade deals itself and ensuring that jobs, particularly in the mines, go to settlers. Again, I remind Morocco to learn from history, because further resentment is the only outcome of such a policy.

It could be that Morocco feels vindicated in adopting such an approach given the attitude of the international community. The EU has negotiated a fishing deal for Spanish fishermen and the UK has made its own trade deals, although the Western Sahara Action Forum reports that those deals are subject to a case at the European Court of Justice. I would like the Minister to give more information on that issue, because, as I say, the international community’s actions give validity to Morocco’s attitude towards Western Sahara.

The way that Morocco is acting is contrary to international law, given that the UN General Assembly recognises the Polisario as “the representative of the people of Western Sahara”. Does the Minister agree with that view and, if so, what are the UK Government doing to engage with the Polisario? Does he agree that no international agreements should be made with Morocco about minerals and oil or gas extraction until these issues are resolved? Does he agree that it is time the Sahrawi were given their referendum, and will he pledge that the UK will do more diplomatically within the UN to allow the self-determination of Western Sahara?

It really is time that we remove the stain of the last colony in Africa, and there should be a recognised, independent Sahrawi Arab Democratic Republic.

Arms Sales to Saudi Arabia

Alan Brown Excerpts

Thursday 28th January 2016 Commons Chamber

[Mr Ellwood]

Again, I have spoken to the hon. Gentleman offline. He is aware of what we try to do overtly, but also quietly, to advance change in Saudi Arabia. It is difficult: it is a very new state. We should also reflect on the fact that the royal family—the leadership there—is on the liberal wing of a very conservative country. There is a pace of change that works, and if the hon. Gentleman wants to see it move any faster, he should bear in mind that a possible consequence could be to see Daesh spreading—it has made it clear that it wants to take over custodianship of the two holy cities, and that is exactly what we could get. Therefore, I absolutely stand with him on wanting to effect change, but it needs to happen at a pace that is workable.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

A transparent Government would welcome the setting up of the Committees on Arms Export controls. Instead of saying that it is not within the gift of the Government, will the Minister advise us what the Government are doing to facilitate the setting up of the Committee and, if there are any problems, what those problems are?

[Mr Ellwood]

I am calling for it; I want it; I think it is very important. It is not, however, in my gift. I understand that it is the responsibility of the three Committee Chairmen, one of whom is smiling, whose brief is internationally facing. It is for them. [Interruption.] I stand corrected; the Leader of the House is in his place. It is vital that the Committee is up and running as soon as possible. If there is one positive outcome from today, it is, I hope, that this Committee will emerge as soon as possible.

royal assent

International Human Rights Day

Alan Brown Excerpts

Thursday 10th December 2015 Commons Chamber

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

It is a pleasure to speak in this debate and I congratulate those hon. Members who secured it. It is also a pleasure to follow the hon. Member for Fareham (Suella Fernandes). I actually thought that, for once, I was going to agree with everything she said, but as it turned out, that was not the case, even today.

It would be great if the whole world could celebrate international human rights day, but unfortunately too many countries are still blighted by regimes that ignore the human rights of their citizens and persecute ethnic and religious minorities. Last week, we had a debate on Syria. Despite all the human rights abuses in that country, we on these Benches opposed the bombing of Daesh in Syria. We did so for a variety of reasons, but mainly because there appears to be no co-ordinated political strategy, no exit strategy, no plans for rebuilding and no proper commitments from the coalition on any of those elements.

It is clear that any plans for Syria must be based on lessons learned from Iraq. The de-Ba’athification of Iraq helped to create the power vacuum that led to religious persecution and the rise of al-Qaeda. Now we have come full circle with the creation of al-Qaeda’s offshoot, Daesh. We must ensure that those mistakes are not repeated in Syria. A future Syria must enshrine religious freedom and human rights in its constitution and legal system and ensure that no minorities are excluded or persecuted in revenge.

We have already heard about Saudi Arabia today. I felt that Saudi Arabia was the elephant in the room when we were discussing Syria last week. Not only does it have appalling human rights abuses, but it is clearly a state sponsor of terrorism, given its involvement in Yemen and, of course, in Syria. And yet Britain continues to sell arms to the country. The use of the death penalty is still extensive there, political opposition is closed down, and women are not even allowed to drive cars and are still subordinate to men. We need to send a much stronger message to Saudi Arabia.

Neighbouring Iran also has serious human right breaches, including extensive use of the death penalty. In 2014, Iran had the second-highest number of executions after China, and it is one of the biggest jailers of journalists and bloggers. Over the years, there have been an estimated 120,000 political executions in Iran, and the UK must speak with a strong voice in negotiations with that country. In many of those countries, it is illegal to participate in homosexual sex and there is a risk of the death penalty if men are caught engaging in homosexual activity. When using examples of such abuses as an excuse to bomb Daesh, we should remember that some other countries still incorporate such things in their legal systems.

I do not have time to mention all the human rights abuses in different countries, but we have already heard about Burma, Sri Lanka, Chad and the Congo. Palestine has not yet been mentioned, although that issue is worthy of a debate in itself. As hon. Members have said, Amnesty International does a great job of publishing human rights assessments for 160 countries.

When talking about human rights we are talking about the great traditions of the UK, but it is worth also reflecting on some of the human rights abuses that have taken place under UK Governments and Administrations since world war two. In the Malayan emergency of 1948, 500,000 ethnic Chinese were forcibly removed from their homes and rehoused in new villages. Between 1952 and 1963, concentration camps in Kenya imprisoned up to 1.5 million people. When Cyprus was agitating for its independence, the story was the same. Suspected rebels or insurgents were rounded up and tortured, and it turned out that a lot of innocent people were wrongly tortured. The Aden emergency in Yemen also led to torture chambers. We must always be careful and never become complacent.

In modern times, we have the scandal of the Chagos islanders, who were forcibly evicted from their homeland so that Britain could allow the US to set up an air base at Diego Garcia. The Government told lies over the years, and there was obfuscation about what had happened. I call on the UK Government to start making proper plans to allow the Chagossians to return home if they wish to, to allocate funding from the aid budget towards that, and to discuss further funding arrangements with the US and the European Union. Diego Garcia reminds us of the UK Government’s compliance in US rendition flights, which included the use of Scottish airports such as Prestwick. By turning a blind eye, the UK was party to the US moving prisoners to places where their human rights would be breached.

Domestically, we have a UN investigation into the imposition of the bedroom tax, an ongoing UN investigation into whether welfare cuts impact on the rights of people with disabilities, and the Government’s out-and-out attack on the trade unions. Those matters are a wake-up call for those who say that we do not need a Human Rights Act. That Act must remain for there to be any chance of retaining social justice in this country.

Yesterday, the First Minister of Scotland gave a speech on international human rights, and I commend her comment that the protections offered under human rights should be a “floor not a ceiling”. If the UK is to be, and to remain, the beacon that we have heard it can be on these matters, it must lead by example both domestically and in its overseas territories, and it must talk much tougher on the international stage. Recent events in Paris have shown that there are many who want to take away our freedoms. We must do all we can to protect and enshrine our human rights, and the Government must play a part in that as well.

Chagos Islands

Alan Brown Excerpts

Wednesday 28th October 2015 Westminster Hall

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Rosindell. As a member of the all-party group on the Chagos islands, I am pleased to be able to speak in this debate, but it would clearly be better for everyone concerned if there was no need for a debate to be taking place after all these years.

We heard from my hon. Friend the Member for Caithness, Sutherland and Easter Ross (Dr Monaghan) that the history of this starts in 1965-66. It was in 1966 that the agreement was made about the US naval base. That was before I was born, so I tried to imagine what drove the thinking at the time. There was the cold war. Did people believe that the actions were justifiable at the time? However, even if I try to put myself in the position of people then, there is no way to justify what happened—clearing the people from their homeland and trying to cover that up and justify it as involving only contract workers. Worse than that, we have had 50 years of cover-up and blocking since then. That is what is truly shocking.

I will give a flavour of the timeline. In 1971, the UK Government issued an immigration ordinance prohibiting return to the islands. In 1982, compensation was paid, whereby it was obviously hoped that the matter would disappear, but the compensation was paid only to Chagos islanders in Mauritius and not to those living in the Seychelles. That obviously forced the issue into the courts. In 2000, the High Court ruled that the ordinance was illegal, which the UK Government seemed to accept, but then decided not to accept—another shameful outturn. In 2004, new orders were issued prohibiting a return, which forced the matter back through the courts. In 2006-07, the Chagos islanders won in the High Court and then the Appeal Court, but unfortunately in 2008 the UK Government took the matter to the Law Lords and got a decision favourable to them, on a split decision.

The year 2009 is also very significant. The European Court had suggested that a friendly out-of-court settlement could be pursued, but that was not taken up by the UK Government. At the same time, the UK Government said that they had a moral responsibility to the Chagos islanders that would never go away. The Government actually said that the moral responsibility would never go away, but at the same time, behind the scenes, they were working on plans to create the marine protected area, so that was more double-dealing. Also in 2009, an immigration Bill was passed. The UK Government refused to accept an amendment that would allow special consideration for the Chagos islanders, so their dependants are not entitled to British citizenship. That is another strand of the story and it is very important now, because some of the people who were forcibly moved from their islands settled in the UK, but are now being told that UK descendants are not entitled to British citizenship.

In March 2015, it was ruled that the marine protected area violated international law. Unfortunately, we also discovered—from WikiLeaks of all things—that the MPA was, as was suspected, just a mechanism to prohibit the islanders from returning. That is more shameful deceit in recent times by a UK Government.

My hon. Friend touched on the KPMG report. At least, as was said, the recent Government commissioned a feasibility study in relation to allowing the islanders to return, but it is pessimistic about the costs. The estimates are £23 million for housing and public buildings for 150 people and £10 million for housing for a pilot involving 50. There is no doubt that those costs are designed to scare the Government and give them an excuse not to do that.

I will quickly conclude—apologies for having gone on. The Government now need to sort out three key issues: allowing a claim for resettlement; citizenship for dependants, who now, understandably, perhaps do not want to move back because they have been displaced for so long; and the future sovereignty of the islands. We need to get this matter sorted and remedy the wrongs of the past 50 years.