Afghanistan (International Relations and Defence Committee Report)

Baroness Kennedy of Shaws Excerpts

Monday 24th January 2022 Grand Committee

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I too pay tribute to the noble Baroness, Lady Anelay. She is one of the wise women of this House. I welcome the report and express my regret that we are debating it a year after it was produced. It was indeed prescient; if only some of the warnings contained in it had been taken on board.

Only a month after the report was produced, two Supreme Court judges were assassinated in Kabul: Justice Zakia Herawi and Justice Qadria Yasini. We should remember their names. I knew Qadria Yasini; in fact, two of her sons were included in the evacuations conducted by the International Bar Association’s Human Rights Institute, of which I am the director. We took out 103 women judges and prosecutors as well as some others, including a couple of journalists and two Members of Parliament. We took out those boys, then aged 17 and 19, too. They are still sitting in Athens, waiting on the lily pad that was secured as a temporary place for us to land the planes we chartered. Let me tell you, it was never our plan to charter airplanes; that has not been part of my legal practice over the years. However, when judges contacted us, desperate and in mortal danger—let there be no doubt that they were in mortal danger—we felt that we had to do something.

I did not immediately think of chartering planes. I sought to find who was getting people out. In fact, Christians were being evacuated by American evangelical charities. I wanted to know whether some of my women judges could be put in the back of the planes, but of course there was no room at the inn. There were no places on the planes but they did give put us contact with charter companies. This meant that I discovered the great price there was on evacuations, and I had to fundraise the money to get these women prosecutors and judges out.

What is special about the women prosecutors and judges, you may well ask me? Is this about evacuating the great privileged and professional middle classes? These women were educated at law schools in the period after the Taliban were last ousted. Many of them are still comparatively young women by our judges’ standards; we are talking not about Brenda Hale here—the noble and learned Baroness, Lady Hale—but about women who are still in their 30s and early 40s, with young children. They answered a call which we, of course, wanted them to answer. We wanted to see a different kind of judiciary, which reflected the whole of their society, and encouraged that. They took up the challenge and became judges in courts that were dealing with the narcotics that have troubled the cities in our own countries. They were running the courts that dealt with terrorists who were blowing up our soldiers with home-made bombs. They were dealing with some of the most challenging cases that we wanted to see dealt with properly by those courts.

All the way through the years before the re-arrival of the Taliban in Kabul these women were receiving threats, which arrived at the courts. They have not stopped receiving threats for years. Then in February, nearly a year ago now, two of their most senior women colleagues were assassinated and the terror that ran through their circles was huge. They knew it was a warning. Those women were shot: Zakia through the forehead and Qadria through the heart. The head and the heart—that is what those women brought to their professional practices.

The prosecutors too, who were prosecuting cases of violence against women, trafficking, forced marriage, child marriage and rape, were all on the kill lists of the Taliban as soon as the Taliban were released from prison. Let us be in no doubt as to the threat these women are facing. There are still women making contact with me and telling me of the danger that they face. They are living in basements or have moved to other houses. They move on a regular basis because of their fear; their relatives are also in fear.

What do I say in answer to the Home Office on this? When I asked for visas for some of the people who are still there—young prosecutors who are undoubtedly at the top of the list—I was told: “But you see, there’s a problem. Even if there is proof of this, we can’t give visas to people in Afghanistan because we have no embassy there, so they can’t be measured for biometrics. You can’t get a visa if you can’t be biometrically tested, and we can’t do that because we don’t have an embassy to do it, therefore there are no visas”. Tell me, then, the safe routes for how you get to the United Kingdom.

Then a suggestion was made, and I have learned a lot about how to evacuate people from Afghanistan. I know now about air traffic control and landing rights. I know all about how you manage to get from A to B with security, and about safe houses. So when I say, “We could bring out another planeload of the most desperate of the women, who need help now”, I am told, “Oh no—we can’t do that because we might be sued”. I said: “Who by? Who do you think is going to sue you?” There is the anxiety that there might be risks here and we would not want to have blood on our hands. Let me tell you: we are going to have blood on our hands. I am afraid that the answers I have been given so far have not been very heartening.

I would not have been able to do this without the incredible generosity of many people. I know that some noble Lords donated to the fundraising I conducted. I thank them for the way they helped and encouraged me. Sir Michael Hintze, an Australian philanthropist who has dual nationality and lives and works here in the United Kingdom, took up the lion’s share of paying the costs of some of these flights. I was helped by other people, some of whom do not want their names to be mentioned because they “do a mitzvah”, as Jewish people would say, quietly and without recognition. But that should not be necessary. What happened to states doing these things?

At the end of all this, I want to ask: what are we doing about visas for people to get out? With my little team at the International Bar Association and with Sir Charles Hoare, who is a great humanitarian, I have managed to get resettlement for a number of these women around the world. Australia is taking 20. I phoned up the former President of Ireland, who happened to study at the same time as me, and we got people into Ireland, which has already taken 10. As far as I can count, we have got only nine women judges into the UK so far. Five of them got out in the military evacuation and four have been taken from my group, who have been sitting in Athens in this temporary lily pad. They have been there for five months. I reiterate what others have said: why have we not done better?

I will ask about money. We talked about corruption in aid that was paid into Dubai to people who were supposed to be legitimate Governments. Why do we not talk to Dubai about the amount of money that was hived off and sits in bank accounts in Dubai? Transparency International has documented it. We should freeze some of those assets.

If I secured more funding for another flight, will the Foreign Office and the Home Office help us secure landing rights here in United Kingdom for another plane of perhaps 30 judges, lawyers, prosecutors, journalists and human rights workers fleeing for their lives? If I get 30 of them and their families, will Britain accept them?

Even as we speak, negotiations are taking place in Oslo with the Taliban. Are we talking about the rights of women? Alex Crawford interviewed Abdul Qahar Balkhi on Sky News earlier today, who said that

“we do not threaten women … ever … we have a lot of respect for women”.

I have heard abusers in this country say how much they respect women, but it does not stop the terrible levels of abuse. We know these people abuse and want to silence women. They were busy today in the media saying that it was the military abusing women over the last 20 years. The dishonesty is clear. All I am saying is that the women who made a stand and did a great deal of public service that we and the people of Afghanistan benefited from are still in fear. We have not stood up and done well enough yet. I hope we can do more.