Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill

Baroness D'Souza Excerpts

2nd reading
Friday 17th May 2024 Lords Chamber

Moved by

[Baroness D'Souza]

That the Bill be now read a second time.

[Baroness D'Souza (CB)]

My Lords, before moving to the substance of the Bill, I will say how much I welcome, with a heavy heart, the valedictory speech of the noble Earl, Lord Sandwich, who has been a stalwart on the Cross Benches for many decades. We hope very much that he will continue to talk and write on those subjects in which he has long experience and great expertise. I look forward to that, but, as I say, with a heavy heart.

This is a short and, I trust, uncontroversial cross-party Bill which has come to this Chamber having passed Second Reading unanimously in the other place. In brief, the Bill seeks to alter the legal status of two international organisations: the Commonwealth Parliamentary Association, in respect of which I declare an interest as a member of the executive committee; and the International Committee of the Red Cross. Both organisations have their own unique constitutional arrangements, reflecting their specific mandates, which now need to be updated.

The Bill will enable the Government to treat the CPA and the ICRC in a way comparable to other international organisations—for example, the Inter-Parliamentary Union in Swiss law and the Assemblée parlementaire de la Francophonie in French law. Prior to the Bill, this was not possible because neither organisation fell within the scope of existing powers under the International Organisations Act 1968, as neither organisation is an inter-governmental body.

At present, the CPA operates as a UK-registered charity regulated by UK charitable law. It is sometimes perceived as a UK institution, rather than an international one. The organisation builds support for parliamentary democracy by recognising, with a non-partisan approach, the national and sub-national contexts of its members. The organisation, reflecting the wider Commonwealth, with 108 member Parliaments, wishes to have the freedom to undertake wider activities in promoting democracy and protecting the values and principles set out in the Commonwealth charter. In so doing, the CPA secretariat would be able to enjoy privileges and immunities, as set out in Part 2 of the Schedule, similar to those of the Commonwealth Foundation, Commonwealth of Learning and any number of other international organisations.

The ICRC operates in accordance with its international mandate of strict adherence to principles of neutrality, impartiality and independence, as well as its working method of confidentiality. This necessary confidentiality extends to court testimony and is accepted by the UK informally. However, UK law, unlike that in other countries in which the ICRC operates, does not provide statutory protection for this fundamental working practice, most especially in conflict zones. The Bill is therefore crucial in enabling ICRC life-saving humanitarian activities, in conformity with its fundamental principles.

This paving Bill, having six clauses and one schedule, creates the power, by means of an Order in Council, to confer the legal capacity of a body corporate on the CPA and the ICRC. Clauses 1 and 2 specify the secretary-general of the CPA and named officers of the ICRC who may be accorded privileges and immunities. These privileges and immunities do not extend to those other than the secretary-general of the CPA and do not affect branches. In the case of the ICRC, the Bill allows for certain confidential information that the ICRC shares with the UK Government to be exempted from legal disclosure requirements, whether in civil UK court proceedings or in tribunals. It grants both organisations certain privileges and immunities commensurate with each of its functional needs, and it provides that references to international organisations in general legislation henceforth include the CPA and the ICRC.

The Bill will allow bespoke enabling powers, by means of secondary legislation, for the CPA and the ICRC to operate as international bodies in the UK, with the attendant privileges and immunities. The powers specific to each organisation will be subject to the monarch’s approval and draft affirmative parliamentary procedure, which requires the approval of both Houses of Parliament.

The exact privileges and immunities for both organisations, their property, information and personnel, set out in Parts 1 and 2 of the Schedule, will be drawn up by the Government according to the functional needs of both organisations and will be detailed in separate written arrangements. Those arrangements will be agreed with both the relevant organisations through prior consultation. These privileges and immunities would normally refer to immunity from such things as legal process, inviolability of archives and premises, and exemptions from tax and duty, as set out in Article 23 of the 1961 convention articles.

There are clear reasons why this status should be conferred on both the CPA and the ICRC. The CPA’s current legal status has been a contentious topic of discussion for many years within the CPA, and many previous attempts to remedy it have led to frustration and even threatened the CPA’s stability due to possible fragmentation. Several member countries have said that membership fees might be withheld if action such as that set out in this Bill was not forthcoming. Given that the CPA is almost 90% dependent on membership fees for its operations, this would be a serious blow. The CPA governing body agreed at the CPA’s annual conferences of 2022 and 2023 that should a new legal status fail to be achieved, the headquarters should be relocated to a member state that would provide the organisation with such legal recognition and the related privileges and immunities. Given that the overwhelming majority of other Commonwealth organisations are headquartered in the UK, this would affect the UK’s involvement, in part due to its regular links with the number of Commonwealth diplomatic missions based in London.

The new legal status would strengthen the influence of the CPA and provide for a more authoritative international presence. For example, at a time when the international order, parliamentary democracy and human rights generally face serious challenge, a new status will encourage members to work together on a level playing field and occupy equal standing in international forums. Above all, gaining international status would enable other parliamentary strengthening partners to see the CPA as a credible, and possibly even preferred, partner for those legislatures involved in capacity building.

The ICRC’s unique international humanitarian mandate and mission have been recognised by more than 110 states, which have accorded it international organisation status. This Bill would ensure that equivalent treatment was given to the ICRC within the UK legal system. The relevant privileges and immunities granted are crucial if the ICRC is to continue its UK operations in accordance with its international mandate.

I very much hope that this paving Bill will have an uncomplicated passage in your Lordships’ House. There will be an opportunity later in its passage to thank all those who have long worked to bring it to this advanced stage and, with luck, on to the statute book. Meanwhile, I beg to move.

--- Later in debate ---

[Baroness D'Souza (CB)]

My Lords, I warmly thank the Minister for his words and his support for this Bill, as with so many other issues. He should know how grateful we all are both that he has enabled this Bill to come to the fore—again, as with many other issues—and that this is likely to become law shortly.

I thank the noble Earl, Lord Sandwich—or Johnnie, as I know him—for his typically sincere and moving argument. Let me say once again how greatly we will miss him, but we all hope that we will stay in touch.

Dame Maria Miller has received many accolades during the course of this debate, and rightly so. I am sure that there are many more to come in the later stages of this Bill, but I want here to acknowledge her absolute determination to get the Bill through the other place, thereby allowing it to come here.

I warmly thank all contributors for their unqualified support. It gives me hope that this Bill will shortly become law. I also thank my noble friend Lord Verdirame for his words. I completely appreciate the cautions that he presented on privileges and immunities. Much as I have been a critic in the past, and continue to be a critic, of the overuse of secondary legislation, I believe that it is appropriate in this case. Of course, I reiterate that, as the Minister said, it will be subject to affirmative procedures and will be drawn up with consultation of the relevant people in the two organisations. I do like very much his idea that the privileges and immunities will be scrutinised by the International Agreements Committee. That is all I have to say. I beg to move.

Bill read a second time and committed to a Committee of the Whole House.

Afghan Refugees

Baroness D'Souza Excerpts

Wednesday 17th April 2024 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, we have made sizeable progress with those people who are eligible, and we have had changes in Pakistan. As I said to the noble Lord, Lord Collins, we have worked across the different Governments to ensure that those who have a legitimate claim to travel to the United Kingdom and seek protection here are facilitated. On the ACRS scheme, which the noble Lord and others were seized with, we are seeing some really good progress. I get weekly updates on the progress made under those schemes, and we work very closely with the UNHCR and the IOM. As far as the United Kingdom’s standing in world goes in support of these international agencies, we remain a very strong supporter and indeed funder of the vital work they do.

[Baroness D'Souza (CB)]

My Lords, I wonder if the noble Lord has any further information from the IOM or other sources about the refugees who are being deported by the Pakistan authorities? Are they, for instance, predominantly Shia? Are those who are being deported being sent back to their home ethnic areas? Are there any unaccompanied children among them that the Government know of?

[Lord Ahmad of Wimbledon (Con)]

My Lords, we have certainly made the case to Pakistan consistently about the importance of ensuring that those who are most vulnerable are protected. I know that in the region of 130,000 children have been returned. I do not have the breakdown, but I can see what information we have and share it with the noble Baroness.

Genocide (Prevention and Response) Bill [HL]

Baroness D'Souza Excerpts

2nd reading
Friday 22nd March 2024 Lords Chamber

[Baroness D'Souza (CB)]

My Lords, as we have heard, having ratified the UN convention against genocide, the UK has a treaty obligation to prevent genocide wherever and whenever it is threatened. However, too often this does not happen. It is worth while examining the reasons why and seeking answers.

As it stands, this admirable Bill has only a faint chance of being adopted by the Government. Here, I pay tribute to the noble Baroness, Lady Kennedy, for her unceasing efforts to uphold human rights. The Bill asks for considerable resources, and touches on economic and diplomatic interests of states parties to the convention. It puts forward some clear and doable mechanisms to detect, acknowledge and act upon the early indicators of genocide which are, by now, well researched; it is cost effective, certainly in terms of saving human lives.

It is, to say the least, disingenuous to believe that Governments are unaware of the potential for genocide or the early warning signs. Going back to the Rwanda massacres in April 1994 and Srebrenica in July 1995, there were clear indications. For example, in the case of Rwanda, the widely popular Mille Collines radio station virtually spelt out its genocidal plans in lightly coded messages, including references to the Hutus as “cockroaches”. Furthermore, genocidal tribal attacks had occurred with depressing regularity in that region of Africa. In Srebrenica, the rounding up of 750,000 Muslim men and boys and the sudden departure of the UN forces made massacres inevitable, but events leading up to this terrible development were obvious.

The UK, like many other countries, has been deeply reluctant to act. It is said that the US officials in Rwanda were ordered not to use the term “genocide”, precisely because to do so immediately implied the obligation to act. The UK Government have consistently referred any threat of genocide to the courts to determine the application of the genocide convention. More than anything else, Governments are fearful of stepping out alone, or being seen as stepping out alone, in the absence of strong support from allies and member states.

Perhaps the way forward might include the setting up of, or greater co-ordination between, existing early warning mechanisms and units across Europe and North America. The specific task of these networked systems would be to both monitor signs and issue timely alerts to all participating member states, with a view to concerted action. Difficult as it might be to get countries to agree on such vital actions, a scheme such as this might reduce the paralysing reluctance to declare the risk of genocide and to act according to the obligations of the treaty.

The mechanisms and the tasks of a proposed genocide monitoring team set out in the Bill provide an excellent blueprint for other similar units. The UK human rights community, which has steadfastly pursued the prevention of genocide around the world, is well placed to encourage such an international network and achieve its ultimate aim.

India: Democratic Freedoms

Baroness D'Souza Excerpts

Thursday 14th March 2024 Lords Chamber

Asked by

[Baroness D'Souza]

To ask His Majesty’s Government what assessment they have made of reported threats to democratic freedoms in India.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the United Kingdom Government are absolutely committed to standing up for democracy and defending human rights around the world. We have a broad and deep partnership with the Government of India. We discuss all elements of our relationship, including concerns where we have them. I visited India in February and had constructive discussions with government representatives on a wide range of issues.

[Baroness D'Souza (CB)]

My Lords, I thank the Minister for his Answer. The BJP policy of Hindu nationalism is increasingly invading press freedom, political opposition and the civil society space. For example, the use of the Unlawful Activities (Prevention) Act, sedition law, the Citizenship (Amendment) Act and the Foreign Contribution (Regulation) Act, all hint at an electoral autocracy in the world’s largest nominal democracy. There appears to be a departure from India’s secular constitution and its underlying democratic principles. Does the Minister not believe these to be dangerous precedents?

[Lord Ahmad of Wimbledon (Con)]

My Lords, one area I am very focused on is the importance of the constitutional protections that we have, as well as those that we see abroad. India is a country that provides constitutional protections to communities. I understand the concerns the noble Baroness alludes to. I assure her in every respect that, on every one of the legislative instruments she has mentioned, we have made our views known to India and we will continue to do so. India is a country which is multi-party and elections are coming forward. It is for the people of India to decide on their Government, but it is a country which celebrates a wide diversity of religions as well.

Gender Equality

Baroness D'Souza Excerpts

Wednesday 24th January 2024 Lords Chamber

[Lord Benyon (Con)]

The noble Lord is absolutely right and there are some stark statistics here. But the advantage from the global perspective is that every £1 spent on contraceptive services beyond the current level would save £3 on the cost of maternal, newborn and abortion care by reducing unintended pregnancies. Over 800 women or girls die every day due to pregnancy or childbirth complications and at least 200 million women and girls alive today, living in 31 countries, have undergone female genital mutilation. These are stark statistics and underpin the determination to address this area in our bilateral aid.

[Baroness D'Souza (CB)]

My Lords, the reality is that in many areas, the Taliban’s policies are deeply antithetical to women. However, there are also persistent efforts on the part of Afghans themselves, with support from external NGOs, to evade some of the most extreme policies. I know that the Minister is sympathetic to the plight of Afghan women and girls, but can he confirm both political and financial support for the cluster education schemes that are now spreading rapidly in Afghanistan?

[Lord Benyon (Con)]

The noble Baroness raises an area of human courage that is almost impossible to imagine—people are defying the repulsive acts of this regime by providing education in sometimes very dangerous situations. We will look at anything that helps those groups of people. Of course, she understands the difficulties we face: we cannot take action other than multilaterally and through UN resolutions, but if we can find a way of supporting those groups, we certainly will.

Taiwan: Elections

Baroness D'Souza Excerpts

Thursday 18th January 2024 Lords Chamber

Asked by

[Baroness D’Souza]

To ask His Majesty’s Government what assessment they have made of the implications of the outcome of both the presidential and legislative elections recently held in Taiwan.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the elections on 13 January are a testament to Taiwan’s vibrant democracy. My noble friend the Foreign Secretary issued a statement following the result congratulating Dr Lai on his victory and calling for both sides of the Taiwan Strait to renew efforts to resolve differences peacefully through constructive dialogue, without the threat to use force or coercion. The UK, of course, has a clear interest in peace and stability in the Taiwan Strait.

[Baroness D'Souza (CB)]

I thank the Minister for his response. The PRC warned Taiwan that voting the wrong way might lead to war, and threatened force. Nevertheless, reunification remains central to President Xi’s China dream. It is reported that President Biden is about to send a high-level delegation in support of Dr Lai’s victory in Taiwan, and the success of this election will allow Taiwan to continue its commitment to human rights and democratic values. But what further support will the UK Government provide for Taiwan’s global integration, including membership of international organisations, as well as protecting safe passage of commercial shipping through the strait, and the semiconductor industry?

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Baroness rightly raises important issues of trade. The United Kingdom has a thriving trade relationship with Taiwan, worth about £8 billion, and I assure her that we are focused on key sectors such as trade, education and culture. I have already addressed the issue of stability and security, and it will continue to be stressed in our representations to China directly. Peace in the strait is important in the global world as it stands today.

Taliban Relations and Afghan Refugees

Baroness D'Souza Excerpts

Tuesday 5th December 2023 Lords Chamber

Asked by

[Baroness D’Souza]

To ask the Secretary of State for Foreign, Commonwealth and Development Affairs whether he has plans to develop formal relations with the Taliban, and whether he has made representations to the Government of Pakistan about the deportation of Afghan refugees.

[The Secretary of State for Foreign, Commonwealth and Development Affairs (Lord Cameron of Chipping Norton) (Con)]

As the noble Baroness knows, the situation with respect to Afghanistan is very difficult. My officials engage with the regime on priorities, including humanitarian access, without conferring any legitimacy on the Taliban. We are reviewing the recommendations of the UN special co-ordinator’s report to support the Afghan people and improve international relations. Specifically on the question of Pakistan’s deportation of Afghan refugees, we do not support these actions. I met with the Pakistan Foreign Minister on Friday, in Dubai, and raised this question with him. Pakistan has a history of welcoming vulnerable refugees, and we will continue to urge its Government to respect the human rights of all Afghans.

[Baroness D’Souza (CB)]

I thank the Foreign Secretary for his Answer. The lack of recognition of the Taliban authority has inadvertently provided the Taliban and Pakistan with unrestricted freedom and influence over policies in Afghanistan. The current concern, as the noble Lord pointed out, is the enforced resettlement of thousands of refugees from Pakistan to Afghanistan. The Taliban policy of relocating Shia minorities in Sunni areas has dangerous implications. What measures, including further negotiations with the Pakistan Government, can the UK Government take to avert potential religious and other conflicts in the region?

[Lord Cameron of Chipping Norton (Con)]

I thank the noble Baroness for her Question and her deep interest in this subject. I think the reason the Pakistan Government are doing this is that they are concerned about the activities of the Pakistan Taliban within Afghanistan, and this is their way of trying to get the Taliban Government to address that. One of the points I made to them is that that might well be counter- productive and we think this is the wrong move. We will continue to raise this with the Pakistan authorities at every level and on every occasion. Obviously, we have a specific British interest to make sure that any Afghans who worked for our authorities in Afghanistan, and who have a right to come and settle here under either of the two schemes we have, are not inadvertently pushed back into Afghanistan. That is our number one concern.

On the issue of the regime and recognition, I am sure there will be other questions about this, but, fundamentally, as the House knows, the Foreign Office always says that we recognise states and not Governments, which I know is right. However, on this occasion, when you look at this regime and what it is responsible for, you see that it bans women from working for the United Nations; it is the only country in the world to ban girls from secondary school; it restricts women’s access to parks, playgrounds and other public spaces; and it has a complete ban on women attending university. We are some way off moving to recognise this regime. We need to keep the pressure on for it to change its approach.

International Development White Paper

Baroness D'Souza Excerpts

Thursday 23rd November 2023 Lords Chamber

[Baroness D'Souza (CB)]

My Lords, I welcome very much the repeat of the Statement by the Minister. I return once again to the issue of educating girls in Afghanistan. Circumstances in Afghanistan at the moment require that we seek out unconventional methods of delivering education, and indeed unconventional partners. I wonder whether the Government would be able to commit to funding secret educational cluster classes, which are growing by the day in Afghanistan. At the moment, these exist as the only possible means in most parts of the country for girls above the age of 11 to receive an education which will enable them to go on to tertiary education in Afghanistan at a future date, we hope, or abroad.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I recognise the noble Baroness’s work in this area and I agree with her. The noble Baroness will know directly about my commitment, as the Minister responsible for the very objectives she has outlined. Notwithstanding the takeover by the Taliban, and even in advance of that when we had the Covid pandemic, the United Kingdom sustained important funding to teachers in Afghanistan, particularly those focused on girls’ education. We have also continued to work, albeit at times discreetly, to protect those agencies delivering girls’ education in certain regions of Afghanistan, through both funding and technical support. I agree with the noble Baroness about innovative ways of delivery. Ultimately, whether it is Afghanistan, the United Kingdom or any other country around the world, a country will succeed only when it harnesses the true potential of every one of its citizens. Ignoring 50% of the population is no way to achieve progress.

Afghanistan: Aid for Women

Baroness D'Souza Excerpts

Monday 11th September 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I thank my noble friend for her kind remarks. As I say, it is about doing your job, but I pay tribute to her and to all other noble Lords who have worked collectively on this important agenda. There is no easy solution, but I assure my noble friend that we are working directly with leaders from various representative groups of women in Afghanistan and more broadly too. We continue to engage with key personnel on the ground in Afghanistan who were previously involved within administration while it was still functioning, but equally we are working with key international partners, notably Indonesia and Qatar among others, to ensure that the issue of Afghanistan is kept on the front burner and that inclusivity—the restoration of women’s rights and all rights, including minority rights—is not forgotten.

[Baroness D'Souza (CB)]

My Lords, the Minister will be aware of the growth of cluster education, or cluster classes, whereby groups of secondary school girls gather in neighbourhood houses and qualified teachers visit them. The scheme with which I am involved is now educating upwards of 1,000 girls in three provinces in Afghanistan. In a very few cases, local Taliban commanders have asked whether their daughters can join those classes. Is this something that the UK Government would support, since it is often difficult for those international aid agencies operating in Afghanistan to do it as it runs right across the policy of the Taliban? Maybe the UK has got a channel for funding this kind of education.

[Lord Ahmad of Wimbledon (Con)]

My Lords, recognising the important work that the noble Baroness has done, of course we fully support such initiatives. As she will know all too well, we protect the agencies that we work with on the ground to allow them to continue their important work, particularly when it comes to girls’ education. In our general assessment, there are now six to eight regions within Afghanistan where, because of the fragmented structure of the Taliban, there are initiatives which allow health access but also allow women in certain respects to go to work and allow girls to be educated.

Soft Power

Baroness D'Souza Excerpts

Thursday 9th February 2023 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

And I say to my noble friend that I hear him, and I hear him again. I assure him that my right honourable friend the Foreign Secretary is seized of the very points he has just made.

[Baroness D’Souza (CB)]

My Lords, yesterday some of us from this House attended a meeting on the BBC World Service in Iran. That programme is now severely threatened due to various expenditure cuts and the flat licence fee, yet the BBC World Service is the only voice of democracy and values that Iranians have access to at the moment. Can the Minister guarantee that this programme has special consideration by the FCDO to preserve it and allow it to have sufficient funding?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I pay tribute to the noble Baroness’s work in this area. I assure her that we are very much—again—seized of the evolving and changing situation in Iran. We have seen the most appalling and abhorrent suppression of human rights by Iran on its own communities, particularly women and girls. As I understand it, under the current BBC proposals no services will be closed. The issue is one of broadcast services and radio. According to the figures I have, about 1% of the BBC’s total weekly audience of 13.8 million in Iran get BBC news solely by radio. The other 99% use BBC Persian on TV and online. However, I hear what the noble Baroness says. Although the BBC has an independent mandate to work in this respect, the importance of BBC Persian services in Iran is very much a key priority for us as well.