FCO: Human Rights Work

Dai Havard Excerpts

Thursday 14th March 2013 Westminster Hall

[Sir John Stanley]

The hon. Gentleman is correct. In some countries to which he refers, national law conspicuously contradicts the Commonwealth charter that has just been announced.

I am glad to say that we now seem to have had a significant breakthrough as far as Commonwealth countries are concerned. In the text of the Commonwealth charter, which the Foreign Secretary has just laid before the House as a Command Paper, we were all glad to see, for the first time, a statement that freedom of expression is an essential Commonwealth principle. I must say that the wording of the paragraph is not entirely as I would have wished. It contains no reference to the right of peaceful demonstration or protest and instead of referring to “a free media” refers to “a free and responsible media,” which will of course provide grounds for countries that regard any form of criticism of the Government of the day as irresponsible to snuff out freedom of expression. We have made a significant step forward however. Freedom of expression is now within the Commonwealth charter—something we have never achieved before.

In conclusion, I wish to add my congratulations to the Foreign and Commonwealth Office on producing this substantial report—all 388 pages, all well worth the publication cost. I have said before, but I want to put on record again, that we owe the initiative entirely to the late Robin Cook, who began these particular FCO annual reports. I consider it imperative that the FCO continues to produce these annual human rights reports—and produces them in hard copy, please. It is equally imperative that they should be scrutinised annually by the Foreign Affairs Committee and that the Committee’s scrutiny comes annually before the House.

[Mr Dai Havard (in the Chair)]

Before I call the other speakers, may I advise hon. Members of the time? I would like to give the two Front Benchers and Mr Ottaway a few minutes to respond and I have two speakers on my list, so it would be helpful if, between the two of you, you kept to eight to 10 minutes, with interventions.

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[Jeremy Corbyn]

He is utterly inscrutable. He and I had an interesting debate in Cambridge two weeks ago, and he was less inscrutable then.

I wanted to raise many issues, but I shall try to be brief to take on the points you made, Mr Havard, about the length of the debate. We should consider the fact that the parliamentary process of human rights monitoring is complex. We have the Human Rights Act 1998, which applies to UK law. I am a strong supporter of it and our participation in the European convention on human rights and the European Court Of Human Rights. You, Mr Havard, chair the Joint Committee on Human Rights, which the 1998 Act set up. I welcome the Joint Committee and its work. It has been a valuable way to monitor what has gone on, but I remain to be persuaded that, with all the other responsibilities the Foreign Affairs Committee has, it would not be better to have an international human rights Committee of the UK Parliament to deal with international human rights issues and to put forward the strong cases that many Members make on many occasions about human rights issues around the world.

Things have moved on, in that Britain is a signatory to the International Criminal Court and our courts have pronounced a universal jurisdiction for human rights offenders and potential war criminals where there is prima facie evidence against them. That was a huge step forward. We have spent a lot of time raising human rights in Chile and the need to put General Pinochet and others on trial for what they did there, so I welcome the universal jurisdiction declaration. Much less welcome however is that Parliament has reduced its applicability by limiting the arrest warrant to an application by the Director of Public Prosecutions rather than an application from an individual citizen to Westminster magistrates court. That has not done our reputation much good.

When the Minister responds to the debate—obviously there are many issues and I guess he will not be able to reply to all of them—I would be grateful if he could answer this narrative issue. I welcome the way in which our representatives at the Human Rights Council in Geneva, which I quite often attend on behalf of a non-governmental organisation, regularly and effectively take up the issue of the death penalty; they are to be commended on that. It is quite noticeable that on every single report that comes up from a country that retains the death penalty, the UK representative gets up and objects to its use in that jurisdiction; I absolutely welcome that.

I am interested in taking international human rights and human rights law further. The International Criminal Court is an enormous step forward—there is no question about that—but the non-participation of certain countries in it, particularly the United States, obviously weakens it. Since the first world war, the US has had mixed feelings about involvement in any international organisation. What pressure was the Minister able to bring to bear on the United States regarding its participation, or indeed on the many other countries that still need to participate?

I am an officer of the all-party group on human rights, and a vast number of human rights abuse issues are brought to our attention. We try to take them up in the best way we can with our very limited resources. I want to bring up a general issue, but I will first deal with some specific countries.

I notice how rapidly human rights issues can change. In the “Human Rights and Democracy: The 2011 Foreign and Commonwealth Office Report”, one country that has not been listed for particular attention is Bangladesh. Yesterday, there was a demonstration outside this building concerning the current wave of attacks on minorities and the conduct of the war crimes tribunal in Bangladesh. Amnesty International reported last week:

“A wave of violent attacks against Bangladesh’s minority Hindu community shows the urgent need for authorities to provide them with better protection…Over the past week, individuals taking part in strikes called for by Islamic parties have vandalised more than 40 Hindu temples across Bangladesh.”

The report goes on to describe the attacks against religious minorities. To the credit of those who attended the small demonstration yesterday in Parliament square, there were representatives from Hindu, Buddhist, Christian and Muslim organisations. They wanted to see the retention of the secular constitution in Bangladesh and to question the conduct of the war crimes tribunal.

I have no problem whatever with any country deciding to investigate what were the most abominable abuses of human rights and the war crimes committed during the independence war of 1971. However, the case would be strengthened if international observers were specifically appointed to attend all the sessions, to give it a degree of support and approval, which was done in war crimes tribunals in other parts of the world. It is not to say that the war crimes tribunal is a bad thing—I think it is a good thing—but observer presence should be strengthened.

While I understand the deep anger that many people feel and the terrible sense of loss that many have suffered, I cannot, under any circumstance, support the death penalty for anything; indeed, that is now a narrative of our policies. I hope that we will make that clear, and also make it clear that the mobs that are attacking minority communities or anyone who is not seen to approve what they want are totally unacceptable. We should be saying that clearly to the Bangladeshi Government. I do not blame the Bangladeshi Government for the activities of the mobs, because those activities are largely directed against the Government, but all Governments have a responsibility to protect minorities and people in what is an extremely difficult situation. There is a large Bangladeshi community in this country.

The right hon. Member for Tonbridge and Malling rightly drew attention to the situation in Palestine. I was in Gaza three weeks ago, on a delegation with colleagues from the Liberal Democrat and Conservative parties, organised by Interpal. The issue of human rights and the treatment of prisoners are very current. Issues such as Palestinian parliamentarians still being held in prison, the frequent use of executive detention and the hunger strikes that have taken place, and continue to take place, among the prisoners are not going to go away.

Effectively, 1.7 million people are in a prison called Gaza, with very limited access to Israel and no access whatever, as far as I can see, to the west bank through Israel. The population is imprisoned unless Egypt can be persuaded to open the Rafah crossing fully, which would in turn make Gaza part of Egypt rather than part of Palestine. That may well be the intention of some, but we must be firm that the continued corralling of people in Gaza is an abuse of their human rights on a collective scale.

There is something tragic in talking to brilliant young people in Gaza. Some 55% of the population are university graduates—the best educated population in the whole region—but unemployment is at 70%. Their life chances and career possibilities are limited. It is a cauldron, of course, that explodes from time to time, and unless the fundamental issues are addressed, that cauldron will continue to explode.

I support what my hon. Friend the Member for Ilford South (Mike Gapes) said about Sri Lanka and the treatment of Tamil people. I hope that the Government will continue to put all the pressure they can on the Sri Lankan Government. Above all, I hope that the embassy and particularly the Home Office will follow up cases in which someone is forcibly removed to another jurisdiction.

My final general points are about thematic issues. Dalit people in India and many other countries suffer a collective abuse of human rights because of a perverted view of Hinduism. Hundreds of millions of people suffer from that. We have an opportunity to support what the House of Lords has done and defend its amendment to our legislation that would mean that it will be illegal to discriminate by caste and descent in this country. That is illegal in the Indian constitution, but collective discrimination takes place on a massive scale. While the Department for International Development has done well in targeting aid programmes, which ensures that that does not happen in any project that we fund, we must be as tough as possible with the Indian Government and other Governments in whose territory discrimination by caste and descent takes place.

Around the world, there are individual and collective abuses of the human rights of people in the circumstances that we have outlined. There is also an appalling lack of human rights, dignity and access to democracy for large numbers of desperately poor migrants around the world. They are the people who are exploited in big cities and who die when they try to cross the Mediterranean, get to the Canary islands in the Atlantic or travel through Mexico to get to the United States, where they hope to gain some kind of economic salvation. We must address the collective human rights issues of millions of people around the world who suffer the most appalling privations and often death while trying to find a place of economic and political sanctuary. It is up to us to be more alert and aware of the causes. That is surely what being in a democratic Parliament is about.

[Mr Dai Havard (in the Chair)]

I must correct Mr Corbyn: it is not my Committee. The good work is down to Dr Hywel Francis who is the chair of the Joint Committee on Human Rights, not me. It is probably because we are both Welsh that we have a great interest in human rights.

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[Kerry McCarthy]

I was about to mention the fact that the Minister did, but the Prime Minister did not, despite India’s recent resumption of the use of the death penalty, and the abolition of the death penalty being included among the priorities of the Foreign Secretary’s human rights advisory group. As the Minister has just advised me from a sedentary position—I was going to mention it anyway—he discussed the death penalty with representatives in India, but if

“the promotion and protection of human rights”

really is at the heart of UK foreign policy, as the Foreign Secretary states in his foreword to the 2011 report, does the Minister not think that that should be the case at every level of Government and that it should not be given to—if the Minister will forgive me for saying so—a junior Minister in the Department rather than the Secretary of State to raise such issues?

Similarly, when I asked the Prime Minister about what discussion there was of human rights when he visited the UAE and Saudi Arabia, he would say only that

“no subject is off limits”.—[Official Report, 13 November 2012; Vol. 553, c. 143W.]

That rather gave the impression that human rights had not been discussed in detail with the Government. Will the Minister advise us on whether human rights were discussed and, given that Saudi Arabia is listed as a country of concern, will he tell us what the Government’s policy is on ministerial and prime ministerial visits to countries of concern, and whether there is clear guidance about whether and when human rights should be included on that list?

The Prime Minister’s visit to Saudi Arabia brings me neatly on to the arms trade. It is deeply concerning that the Committee found that the Minister with responsibility for human rights was not even aware let alone consulted about which countries appeared both on the FCO’s list of countries of concern and as one of the priority markets for arms exports for the Department for Business, Innovation and Skills. Will the Minister assure us that in future there will be more co-ordination between the two Departments, and can he outline the FCO’s guidance on arms exports to countries of concern? With the imminence of the UN conference on the arms trade treaty, will he assure us that the UK will be the champion of a strong treaty and not a broker for a weak one?

Given the short time we have left, I will leave my comments on Sri Lanka for the Commonwealth day debate. None the less, I echo the concerns that have been raised about the human rights situation there.

I was in Burma over the weekend and had the fantastic opportunity to attend the first-ever conference of Aung San Suu Kyi’s National League for Democracy. It had been banned for 25 years from holding a party conference. It gives one such hope to visit a country where there has been progress on both human rights and democracy. We hope that in 2015, there will be democratic elections which will see Aung San Suu Kyi become President of Burma. I wanted to mention my visit because it shows that improvements can happen. Last year, the EU took the decision to suspend sanctions. Given what I have observed of the situation in Burma, I think that that was the correct decision and indeed it is something that the NLD supported as well.

Finally, it was troubling that the Government were so reticent in providing information on the number of staff working full-time on human rights. I know that the Foreign Affairs Committee eventually ascertained that there are 14 staff working across the 28 countries of concern and four case-studies countries. Does the Minister have any plans to increase that number?

To conclude, I welcome the Government’s continuing commitment to their annual human rights report and, as I have already said, I hope that next year we can have a fuller and more public discussion of the 2012 report in the main Chamber.

[Mr Dai Havard (in the Chair)]

May I ask you, Minister, to give Mr Ottaway a couple of minutes at the end of the debate?

[Richard Ottaway]

indicated dissent.

[Mr Dai Havard (in the Chair)]

Mr Ottaway is indicating that he does not need more time.

[Richard Ottaway]

I give my time to the Minister.

[Mr Dai Havard (in the Chair)]

Excellent. Thank you very much for that. I call the Minister.