Government Policy (Kenya)

Alistair Burt Excerpts

Wednesday 20th March 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)]

It is a pleasure to be here and to serve under your chairmanship, Mr Bone.

May I begin with an apology to colleagues? One is never quite sure with an aeroplane malfunction—in the case of my flight from New York last night, a back-up generator on the starboard engine of the aeroplane was not working—whether to be annoyed at the loss of three fairly vital hours, or grateful at the skill of the pilots and engineers in recognising something that might have caused the passengers harm. On balance, I think it is best that I say that I am very appreciative of being here, but I am also very grateful for your courtesy, Mr Bone, and that of all colleagues in the Chamber for appreciating my dilemma.

[Mr Philip Hollobone in the Chair]

It was, however, not very long after the start of the debate that I got to the Chamber, so I was able to hear the majority of the speech made by the hon. Member for Falkirk (Eric Joyce). I thank him for securing the debate, for his continued interest in Africa, which he has demonstrated on a number of occasions, and for his courtesy in informing my office of the general topics that he wanted to raise today. That enabled the preparation of advance briefing that I could read while I was in the US and on my way back, which proved to be fairly beneficial.

I thank all hon. Members who participated in the debate for their contributions. The tone of the debate—the hon. Member for Strangford (Jim Shannon) was kind enough to mention that I sometimes pick this up—has been very much one of support and encouragement. We have heard of personal knowledge from visits and a sense of moving on, with hon. Members recognising that few states are completely free of difficulties and political clashes. However, it is important to move on, and all the opportunities are there for Kenya, with which we have a deep and abiding relationship. If hon. Members will allow me, I will take a little extra time to say a bit about that relationship and to reflect on the comments that they made.

This is an historic moment for Kenya, as it prepares for only its fourth President since independence, so this is a timely moment for the House to take stock of how the UK’s relationship with Kenya has changed since independence. At the outset, let me be clear about the United Kingdom’s perspective on the relationship. Although we are often still thought of as the former colonial power, the modern-day relationship between the United Kingdom and Kenya is one of partnership. We are bound together by strong commercial, security and personal links that benefit both our countries, not least of which, as the hon. Member for Wrexham (Ian Lucas) said, is our growing parliamentary link through the IPU, the CPA and the parliamentary armed forces scheme. From my work around various countries, I have seen how valued those parliamentary links are by people who are building democracy, who are always searching for ideas. Equally, I have seen how we benefit, as the hon. Gentleman said, from swapping ideas with newer democracies, some of which are doing innovative work that it is more difficult to do in a more established Parliament such as ours. We all benefit from that.

Let me say a little about the general relationship before turning to the specifics that the hon. Member for Falkirk mentioned, particularly the elections and the ICC. The United Kingdom is the largest commercial investor in Kenya and home to half the top 10 tax-paying companies in the country. More than 200,000 British nationals visit Kenya every year—the largest number of visitors from any country. As colleagues have mentioned, the tourism industry is vital. A similar number of Kenyans live in the United Kingdom, and the benefits include the remittances sent back to the Kenyan economy. We are the second largest bilateral donor to Kenya, contributing more than £100 million a year, and I will say a little more later about the development matters that the hon. Member for Cheltenham (Martin Horwood) mentioned.

The British Army trains 10,000 British soldiers in Kenya every year, to the benefit of the Kenyan armed forces, as well as the wider local economy. Let me say a little more about that because it was mentioned, in particular by the hon. Member for Strangford. The British military has trained in Kenya for decades, and we have an excellent, long-standing relationship with the Kenyan armed forces and the local communities surrounding the training areas. Kenyan troops are also trained at the MOD base, and Kenyans are routinely welcomed to attend training courses at staff colleges in the United Kingdom. The relationship is a partnership, and it is governed by a memorandum of understanding that was signed by both sides in 2010. When issues arise, we always seek to resolve them through discussion. We will continue to have a strong shared interest in working together on important security issues, starting with Somalia, which a number of colleagues mentioned, where Kenyan troops still play an important role in pushing back al-Shabaab.

The hon. Member for Strangford mentioned piracy off the east coast. Kenya is, indeed, an important partner in dealing with piracy. I recently had the opportunity to visit Northwood, where all the east coast of Africa’s maritime operations, involving 27 countries, are co- ordinated. I also recently had the opportunity to visit the area to see some of the work being done. All states in the region play a vital part in that work, which is partly political and partly military. There have been no successful hijackings over the past year or so of vessels carrying an armed guard, and we now have 80% fewer hijacking cases, although four ships and 108 hostages are still being held. That dramatic success has been due to a lot of hard work by the various countries involved, skilled leadership, in which the United Kingdom has been heavily involved, and the application of resources. We must continue that work so that the piracy issue does not arise again, because it is far from solved. Of course, development efforts on the ground are also crucial in giving some of the young people sent by the ringleaders to do the hijacking at least the possibility of an alternative occupation.

I was recently in the Seychelles to open the new criminal prosecution centre, which the United Kingdom has paid for. It will deliberately target the ringleaders—there are expected to be about a dozen in the area—who cause so much damage to so many people. That is a measure of the commitment to dealing with this issue, and Kenya is, indeed, a key player. Dealing with piracy is a priority for our Nairobi mission and our Somalia embassy, and their work is well resourced. However, I will look at the issue again, as the hon. Gentleman asked me to, just in case there is anything further that can be done.

It is clear that Britain and Kenya matter significantly to each other. The Government therefore look forward to building on our substantial shared agenda in our partnership with the next Kenyan Government.

The March elections were a key aspect of the remarks made by the hon. Member for Falkirk. As Members will have seen, the Minister for Africa, my hon. Friend the Member for Boston and Skegness (Mark Simmonds), made a statement following the announcement of the results by the Kenyan electoral commission. Two things stand out for us. The first, which colleagues have mentioned, is the determination of the Kenyan people to express their sovereign will, as was demonstrated by the impressive turnout and the way in which many Kenyans waited patiently for hours to vote. The second is the largely peaceful conduct of the elections, which was in stark contrast to the violence of 2007-08.

Kenyans everywhere, including civil society, religious groups and Kenya’s youth, have spoken out for peace. We welcome the important role played by Kenya’s leaders, from all parties, in urging their supporters to exercise their democratic right peacefully, to show restraint and, above all, to refrain from violence. We welcome, too, the way in which those who have been unsuccessful in the various elections have accepted defeat or, in some cases, taken their disputes to court for peaceful resolution. That is the clearest sign that Kenya has learned lessons from the appalling violence that followed the elections in December 2007, which led to more than 1,000 deaths and to hundreds of thousands people being displaced. The Kenyan people should be proud of the message they have sent to the world about their determination to exercise their democratic right peacefully.

I am proud, too, that the UK has played a role in supporting the democratic process in Kenya, including by providing £16 million in funding to support free and peaceful elections, much of which was delivered through the United Nations Development Programme’s election basket fund. Our support helped to put in place a more accurate voter register and an independent parallel vote-counting system, and thus to ensure that more than 14 million Kenyans were registered to vote and had greater confidence that their vote counted.

However, the election process is not yet complete. The Coalition for Reform and Democracy has challenged the presidential result, and its petition is being considered by the Kenyan Supreme Court. That is an important part of the checks and balances put in place by the new constitution to ensure that disputes are taken to the courts, not the streets. We continue to urge all sides to show restraint and to wait patiently for the court’s ruling. The United Kingdom’s position is consistent and clear: it is for the Kenyan people to elect their leaders and for the Kenyan courts to resolve any disputes. In that context, we need to be even more careful than usual in our public statements that we do not unintentionally influence or prejudge what the courts will say.

The hon. Member for Wrexham mentioned the EU, but it is too soon for us to have received its report. We are collating the information. We will observe the challenge in the Supreme Court, but it is a little too soon to say anything further. However, my remarks about the way in which we have been able to play a part in the election process, and the way in which that has been received in Kenya, suggest that the influence of supporters from outside has helped the Kenyan people in their determination to ensure that the election process is good and strong.

We utterly reject any allegations of interference by the British Government or the British high commissioner. I am grateful to hon. Members for their comments made in relation to Christian Turner. We have always said that this election is a choice for Kenyans; it is for them alone to decide. We did not endorse any one candidate over another. It is for the electoral commission and courts to resolve any disputes.

Looking ahead, some people have expressed concern that the UK will reduce its co-operation with Kenya because of the charges pending against President-elect Uhuru Kenyatta at the International Criminal Court. That assertion is not based on facts. We are motivated by a desire to respect Kenya’s sovereignty and to ensure that the Kenyan court is able to do its work free from interference. We are confident that it will adjudicate swiftly and fairly, and we call on all sides to respect its independence. Irrespective of who emerges as the confirmed winner, I am confident that the UK will want to continue working with the next Government in Kenya; to continue supporting a reduction in poverty; to continue helping UK companies looking to invest in Kenya in support of Kenya’s Vision 2030; and to continue working together on security and stability in Somalia. Fundamentally, both our nations have a strong interest in working in partnership in pursuit of these shared goals.

The International Criminal Court proceedings regarding Kenya are, of course, a controversial topic, on which I am happy to clarify the UK’s position. Kenya and the UK share the same values of justice and peace. As the Foreign Secretary said in July last year,

“We have learnt from history that you cannot have lasting peace without justice, accountability and reconciliation.”

That is why we continue strongly to support the International Criminal Court’s work around the world, including its efforts to provide justice for the victims of the 2007-08 violence and to help Kenya move on from the past.

The ICC is an impartial, independent court. Alongside Kenya, 121 other countries are states that are party to its founding Rome statute, and there are more states that are party from Africa than from any other region. To respond to the concern expressed by the hon. Member for Falkirk about whether there is unfair bias against Africa, and whether the ICC pitches its cases against the less powerful rather than the more powerful, I have to say that we reject that suggestion. The ICC, an international independent organisation, is a court of last resort providing for the primacy of national jurisdiction. It steps in only when a country cannot or will not investigate and, when necessary, prosecutes fairly the most serious crimes in the international community. It puts victims at the centre of its work. Accusations to the effect that the ICC has focused solely on Africa are understandable, as all 15 cases formally under investigation are from the African continent, but the ICC itself is conducting preliminary examinations outside Africa, including in Afghanistan and Colombia.

We understand that civil society in Africa strongly supports the work of the ICC and the justice that it can and will deliver for many Africans. In every African situation in which the court has been involved, either the country in question—or, when relevant, all African states on the United Nations Security Council—have supported its involvement. Fatou Bensouda’s appointment as prosecutor, by consensus of all states that are party to the agreement, is a clear indication of Africa’s important role in the court. We hope that that will go some way to addressing the concern expressed by some African states that their voices are not being heard.

[Martin Horwood]

Does the Minister agree that there are other international judicial processes, such as those relating to the former Yugoslavia, where the ICC has not been necessary, because an effective international judicial process has been available and has been rigorously pursued?

[Alistair Burt]

My hon. Friend makes a fair point.

The focus on Africa is due to the number of cases, as has been mentioned, but it is unfair to infer from that that there is an unfair bias. The support of African nations and states for this work, which adds an essential element of transparency and accountability for some of the issues of the past, should not be neglected. It is important, as hon. Members have said, that the net is spread fairly and widely to catch those who have been most active contrary to the law.

Polls have consistently shown a strong desire for justice among the Kenyan people. In Kenya, the ICC became involved only after the Kenyan Parliament’s decision not to establish a special tribunal. We judge that that has helped to challenge the culture of impunity and to show there is no place for hate speech or incitement to violence in the new Kenya. Consequently, we continue to urge the Kenyan Government and all those facing charges to co-operate with the ICC. We welcome the co-operation that has already been provided, which marks Kenya out as a country that wishes to respect its international obligations. We are equally clear that a defendant is innocent unless proven guilty by a court of law. It is not for the UK, nor anyone other than the court, to pass judgement.

[Eric Joyce]

It is not my intention to be overtly critical of the ICC. Indeed, the Minister will be aware that Rwanda has successfully taken custody of Bosco Ntaganda, and Rwanda, like Kenya, regards the ICC as important. The processes are not exactly as we would understand them in the UK, and it would be a mistake to think that they were in all respects. For example, it is possible to be held by the ICC for five years before trial and then acquitted. Jean-Pierre Bemba’s case is under way, and he has been at The Hague for five years, but his case is far from over.

[Alistair Burt]

I understand the hon. Gentleman’s point. Of course, the ICC’s processes are independent of the UK. I am sure that concerns have already been, and will continue to be, expressed. When taking on such an extraordinary responsibility on behalf of nations that are states party to the agreement, it is essential that the functions of the ICC are performed fairly, efficiently and quickly. Justice delayed is justice denied, as all hon. Members recognise, and I am sure that the hon. Gentleman’s concerns will have been heard.

I stress that, despite media reports to the contrary, the UK has never threatened sanctions against Kenya on this issue. The charges are being made against three individuals, not against Kenya as a whole. The people of Kenya should not be arbitrarily punished for the alleged crimes of their leaders.

A number of colleagues mentioned the important issues of trade and development. The UK remains the biggest cumulative investor in Kenya and the second largest training partner after Uganda, and trade is in Kenya’s favour. The hon. Member for Strangford made an important point about the sort of engagement that takes place with the UK and the way in which we hope that we conduct business. It is noticeable that, in winning contracts abroad, a key part of the offer of many big UK companies is capacity building and training, which is in stark contrast to others who seek contracts with the aim of maximising profit, sometimes to the exclusion of local workers. UK companies are urged by UK Trade & Investment, although many do it naturally, to ensure that their offer for winning a contract is supported by efforts on further education, vocational training and capacity building, so that something long-term and sustainable is offered to those places in which the contract is being run. That is one reason why total trade exceeds £1 billion. UK exports rose by 38% from 2010 to 2011, and a substantial number of the largest tax-paying companies in Kenya are from the UK.

The hon. Member for Falkirk is right that a more secure Kenya means a more secure United Kingdom. Increased trade benefits both countries, so we will continue to take an interest.

On the growing influence of China, naturally the UK welcomes competition and free trade. We are determined to meet the challenge. As the hon. Member for Wrexham said, UKTI is active in Kenya, and it covers the region as well from Nairobi. Further efforts are being made to secure our trade and commercial interests. As all hon. Members have suggested, the relationship is deep and it is supported by long-standing ties and the recognition that growing trade is in our mutual interest.

Finally, on the development issues that were raised by my hon. Friend the Member for Cheltenham and touched on by other colleagues, UK aid is supporting the Kenyan Government’s Vision 2030. We are the second biggest bilateral donor after the US and our budget is growing. We will be spending up to £150 million in aid a year by 2014, which is a doubling since 2011, to tackle conflict, to increase stability and to improve education, health outcomes—particularly in relation to malaria—and the livelihoods of the poor. We are focused on helping the poorest Kenyans and we are definitely here for the long haul.

Water is, of course, vital, as the hon. Member for Strangford said. The Department for International Development provides significant funding for water projects, and Kenya is part of its humanitarian climate change work, so we continue to work with the private sector and other donors on efforts there. Those of us who support charities such as WaterAid know how extraordinary the commitment is.

I was delighted by what the hon. Gentleman said about the importance of faith in Kenya and the number of churches per 100 yards. That was a remarkable statistic to hear from someone from Northern Ireland who knows his faith well, and I thank him for providing that context.

In general, the debate has demonstrated hon. Members’ wide interest in Kenya and their understanding of its contemporary problems and issues, as well as their wish to look ahead and ensure that those will be overcome by fair and impartial courts that are able to deal with concerns that arise and by the Kenyan people’s belief that that is the way to resolve their disputes. We look forward to the resolution of disputes and to a long and growing relationship with Kenya. I am grateful for colleagues’ interest and how they expressed themselves, and particularly grateful to the hon. Member for Falkirk for raising the matter as he did.

[Mr Philip Hollobone (in the Chair)]

Even though the issues are serious, it is always nice to talk about sunny places on a cold, damp day in Westminster.