Destruction of Historic Sites (Syria and Iraq)

David Lidington Excerpts

Thursday 12th February 2015 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I congratulate my hon. Friend the Member for Newark (Robert Jenrick) on securing this debate. Its quality has been hugely increased by both the long-standing interest and the long experience that he and my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) bring to policies on archaeology and the trade in cultural antiquities.

The Government are deeply concerned by the destruction of cultural and religious sites in both Syria and Iraq, and particularly by the looting of historic artefacts and the illicit trade in them. In Syria, damage has been caused to all six UNESCO world heritage sites. As hon. Members have said, they include the old city of Aleppo, which houses souks going as far back as the 12th century, and Krak des Chevaliers, which has stood since the 11th century. We believe that all sides in the conflict have a responsibility to protect these sites of cultural importance. We are dealing not only with action by ISIL but, as has been said, with military tactics used by the Assad regime in Syria that have caused considerable damage, particularly to Aleppo, including air strikes, artillery and barrel bombs.

As was the case with the Taliban in Afghanistan and the terrorists linked to al-Qaeda in Mali, we are dealing with an extremist group in Iraq that is seeking to impose iconoclasm on any evidence of religious practice that does not conform to its extremely narrow and perverted interpretation of Islam. In Iraq, the Green Church, one of the oldest orthodox Christian churches in the middle east, and the Mosque of the Prophet Younis have both been deliberately obliterated by ISIL explosives. As my hon. Friends the Members for Newark, for Gainsborough (Sir Edward Leigh) and for East Worthing and Shoreham have explained, the wanton destruction is not only a cultural crime, representing the loss of irreplaceable artefacts and manuscripts of times past, but something with profound consequences. It has an impact on diversity in the middle east, not just historically, but today and in looking forward to a middle east where, we hope, it will remain possible for people of different faiths or different origins to live together in peace.

The destruction is undermining the rich cultural heritage, history and sense of belonging of all communities in Iraq and Syria. My hon. Friend the Member for Gainsborough was right to remind the House, as he did in 2008—I spoke in that debate as the then Opposition spokesman—and on a number of occasions since, about the traumatic situation faced by Christians in their daily lives in the middle east. In both Iraq and Syria, the destruction of heritage is placing an even greater strain on social bonds, which were already stretched to breaking point. Looking forward to the day when there is stability again in both Syria and Iraq, one consequence of the destruction of cultural monuments is that the opportunities for cultural tourism will be much diminished, which will harm the efforts of both countries to rebuild their economies and give their people opportunities.

Hon. Members asked what the Government are doing to raise such concerns with countries in the region. I can tell the House that the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Bournemouth East (Mr Ellwood), who has responsibility for dealing with the middle east, has already raised those concerns during meetings in Egypt and the Gulf, and he is doing so during his visit to Baghdad today.

The Government are concerned that the smuggling of historic artefacts is being used by terrorist organisations, including ISIL, to raise revenue. ISIL is the most abhorrent, brutal terrorist organisation that the world has seen—certainly in modern times—and we have all been horrified by the abuses it has committed against the people of Syria, Iraq and the wider region. It is worth reminding ourselves, however, that although we rightly speak and think about the threat to ancient Christian communities, Yazidis and others, the majority of ISIL’s victims are Muslims. ISIL has as little respect for the lives and safety of Muslims as it does for the lives and safety of others.

ISIL’s licensing of the wholesale looting of archaeological sites by criminal gangs is a further example of its cynicism. Our assessment is that ISIL is generating the majority of its revenue from oil smuggling and extortion, rather than from the illicit trade in antiquities. However, it is clearly our responsibility to ensure that we use all possible measures to deny ISIL access to funds and to constrain it from executing its brutal campaign.

The Government have been active on the international stage to discourage and disrupt smuggling, including of antiquities. UN Security Council resolution 2170, which was adopted during the United Kingdom’s presidency of the Security Council last August, prohibits all trade that assists ISIL. A further Security Council resolution due to be adopted today will oblige states to take steps to prevent the trade in Iraqi and Syrian cultural property illegally removed from those countries. The second resolution demonstrates for the first time the international community’s resolve to suppress the financing of ISIL through the illegal trade in cultural artefacts. As a co-sponsor of the resolution, we have played a key role in ensuring that this source of terrorist funding was addressed by the Security Council. We continue to work with our partners in Europe and beyond to ensure the rapid and full implementation of both Security Council resolutions, and to impose sanctions on individuals involved in ISIL’s financing networks.

We are engaging with our European partners to amend the EU Syria sanctions regime to put beyond doubt the principle that, under its terms, the trade in artefacts from Syria is illegal. We co-sponsored a resolution at the UN Human Rights Council last September, which highlighted and condemned the destruction of monuments, shrines, churches, mosques and other places of worship in Iraq, and encouraged the Government of Iraq to protect those sites.

Before I come on to the specific points made during the debate, I want to issue a word of caution. As my hon. Friend the Member for Newark acknowledged, we must be realistic about what the United Kingdom can do on the ground to protect historic and religious sites in Syria and Iraq. We do not have a diplomatic presence in Syria, and we have no dialogue with the Assad regime. We are, however, aware of the ongoing destruction in that country—notably by that regime itself—and such attacks, while wreaking appalling cultural damage, also have a terrible human cost.

We remain committed to degrading and defeating ISIL so that it no longer poses a threat to the UK, the people of Syria and Iraq, or to that region’s cultural heritage, but we must recognise that this will be a long-term campaign. The Government continue to push for an inclusive political transition in Syria that will see the end of the Assad regime, and we continue to support the Iraqi Government’s efforts to push back ISIL, recover Iraqi territory, and meet the needs and provide for the safety of all Iraq’s communities.

We are assisting refugees and displaced people throughout the region with the provision of more than £800 million of humanitarian relief. When it comes to spending priorities, I think we are right to give priority to that humanitarian catastrophe and the millions of refugees—people who have been displaced within Iraq and Syria and those who fled to neighbouring states—over other forms of relief. We will therefore continue to prioritise our efforts to end the conflict in Syria and Iraq so that peace and stability can be restored, and cultural and religious sites protected.

My hon. Friend the Member for East Worthing and Shoreham asked about the 1970 UNESCO convention on the means of prohibiting and preventing the illicit trade in cultural goods. That is generally accepted as the key point of reference for an ethical approach by museums to their acquisitions, leading to greater checking of the origin and provenance of items. The UK is party to that convention, and we supported the 1970 threshold as far back as 2000. As my hon. Friend knows, the Museums Association code of ethics published in 2002 includes that 1970 threshold, and we are open to trying to persuade other countries that have not yet signed up to that convention to do so.

My hon. Friend asked about the implementation by the United Kingdom of European Union and United Nations sanctions on cultural property. Sanctions orders are in place for both Syria and Iraq. The Syria regulation covers

“Syrian cultural property goods and other goods of archaeological, historical, cultural, rare scientific or religious importance,”

and prohibits their export, import, transfer or the provision of brokering services related to their export, import or transfer

“where there are reasonable grounds to suspect that the goods have been removed from Syria without the consent of their legitimate owner or have been removed in breach of Syrian law or international law”.

The order applies to objects that have been removed from Syria on or after 9 May 2011. Exporting or importing such goods contrary to prohibitions under that order automatically became an offence and attracted penalties under the Customs and Excise Management Act 1979—indeed, the order increased penalties for those offences. We believe that the Syria order provides an effective means by which to enforce EU and UN resolutions.

Comparable arrangements are in place for Iraq where we have the implementation of United Nations rather than European Union sanctions. The 2003 Iraq order prohibits the import or export of any item of illegally removed Iraqi cultural property, and requires anyone who holds or controls any such item to transfer it to a constable—there is a legal duty not only to refrain from participating in that trade, but if someone has such property, they must hand it over to the police without delay. The order defines illegally removed Iraqi cultural property as

“any other items of archaeological, historical, cultural, rare scientific or religious importance”

that have been illegally removed from any location in Iraq since 6 August 1990.

In terms of practical implementation, my colleagues in the Department for Culture, Media and Sport have highlighted those orders with key stakeholders, including the art market, the police and museums. The Arts Council’s export licensing unit, which handles export licence applications for objects of cultural interest, has provided exporters with notices on the prohibitions applicable to cultural objects from Iraq and Syria. That guidance highlights the prohibitions and explains that when export licences are sought, the export licensing unit must be able to rule out the possibility that those items fall within the prohibited categories.

The Dealing in Cultural Objects (Offences) Act 2003 makes it a criminal offence to deal dishonestly in tainted cultural property from anywhere in the world, and someone found guilty is liable on conviction in the Crown court to a prison sentence of up to seven years and/or an unlimited fine. If convicted in a magistrates court the maximum sentences are six months’ imprisonment and/or a fine of up to £5,000. DCMS has issued guidelines for collectors, auctioneers, dealers and museums, and the Arts Council now runs a dedicated cultural property advice website aimed precisely at those who are collecting, buying and selling art and antiquities in the United Kingdom.

Let me respond to a number of specific points raised by my hon. Friend the Member for Newark. I mentioned what the Under-Secretary of State for Foreign and Commonwealth Affairs is continuing to do in the middle east, but my hon. Friend also mentioned Germany, and hinted at other European countries as places where some of this illegal traffic is taking place. From my experience of dealing with the German Government, I think that they would wish to crack down, and be seen to crack down heavily, on such illicit trade. I am happy to ask our ambassadors and our consul general in Munich—my hon. Friend particularly mentioned that city —to speak with the relevant authorities there. It would be helpful if he could provide me with any detailed evidence that we could draw to the attention of the legitimate prosecuting and police authorities in those countries.

My hon. Friend also asked about turning the Hague convention into law. The Government’s position is that we remain committed to ratifying it by amendment to statute, although it has not yet been possible to secure the parliamentary time needed to pass the relevant legislation. I am sorry that the hon. Member for Harrow West (Mr Thomas) slightly marred what was otherwise a constructive speech by trying to sound a little partisan. I have to remind him that the adoption of the second protocol, as far back as 1999, removed the objections that previous British Governments had had to adopting the original convention. It took the then Labour Government five years before they announced the intention to ratify in May 2004, and they then had another six years in office when they were unable to find the parliamentary time to do so. I am glad that there is cross-party support for putting this into statute and I think it best if we approach the issue in that fashion.

[Mr Thomas]

Will the Minister confirm whether there are any remaining blockages to the Hague convention on the protection of cultural property being implemented? Has the necessary parliamentary device been drafted, or do a series of consultations still have to happen? Are there any other blockages preventing it from happening?

[Mr Lidington]

It is just a matter of finding parliamentary time against other priorities for Government legislation.

My hon. Friend the Member for Newark asked what work we would be doing with Iraqi museums to try to safeguard cultural properties. Again, this is a subject that the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Bournemouth East will be raising in Baghdad during his visit. Our embassy has for some years worked to strengthen the links between the archaeological communities in the UK and Iraq. Between 2013 and 2014, the embassy funded a project run by the university of Manchester and the Iraq state board of antiquities and heritage, which involved initiation of a joint archaeological research and excavation project at a settlement near Ur in southern Iraq. It involved Iraqi scholars and practitioners in exploring the cultural heritage of their own country, giving them access to British expertise through a programme of joint research and publications. We continue to do what we can to promote best practice in Iraq and to help that country to safeguard its own cultural heritage.

My hon. Friend the Member for Newark asked me if the Government could take a number of further steps. He talked about a commission to gather information on making what he described as “modest funds” available, and various actions to enhance the priority that the police and other counter-terrorist agencies give to dealing with the trade in antiquities. I am not at all unsympathetic to what he is saying, but I provide a word or two of caution. Given that the United Kingdom does not have access to the ISIL-controlled areas of either Iraq or Syria and that we currently have no diplomatic mission in Syria at all, I question whether the British Government are best placed to carry out the assessment that he has in mind. We are not seen by the Assad regime, in particular, as a neutral party. UNESCO or another international agency might be better equipped to tackle this matter.

Similarly, when it comes to requests for funds, whether it is the Government or the police, money spent on one item, however deserving, means money subtracted from another good cause, so there is a question of priorities. We would have to think through how such action would actually help the people on the ground—the curators, the brave defenders of cultural heritage that my hon. Friend described. Given the problems in gaining physical access or sending money and other resources out to Iraq and Syria, I would want to be certain that we were delivering a good outcome and not just indulging in gesture politics.

It might be helpful to my hon. Friend, interested colleagues and people from the museum and art world, if I arranged a meeting with me, the Minister for Culture and the Digital Economy, my hon. Friend the Member for Wantage (Mr Vaizey) and representatives of the relevant Government Departments and agencies. We could sit down and thrash out some of these ideas together and discuss whether there are ways in which we can have the constructive effect that he and everyone who has spoken in the debate would wish.

I am grateful again to my hon. Friend for bringing this subject before the House this afternoon and for speaking with such passion and knowledge. I hope we can build on what the Government have already been doing and help in whatever way we practically can to safeguard what is the cultural heritage not just of Iraq and Syria, but of the human race throughout the world.