Kenya: Presidential Election
Earl of Sandwich Excerpts(11 years, 6 months ago)
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The Earl of Sandwich
My Lords, this is an interesting subject and I thank the noble Lord, Lord Chidgey, for introducing it. We can all feel considerable satisfaction with the Kenyan elections. Not only were they peaceful and the outcome decisive, but the electoral process was internationally approved as free and fair. This was a great relief to all who remember the terrible experience at the end of 2007. I was in Kenya with a CPA delegation shortly after that. Having visited Kisumu, where many of the killings took place, I can still feel a chill on hearing first-hand accounts of what had happened.
We cannot simply dismiss it as ethnic violence between Luo and Kikuyu, as we are prone to do when we are talking about Africa. It was on one side armed gangs, stirred up for political and ethnic reasons, but on the other it was the police, with a shoot-to-kill mandate, who simply opened fire. This is still, for Kenyans, a very recent experience. There are still burnt-out buildings and camps for the displaced, who still await proper homes.
Incidentally, I have watched traffic police beating up minor offenders in Nairobi and it is not a pleasant experience. The police in the latest election also used excessive force and even live ammunition against some demonstrators in Nairobi and Kisumu. However, according to the International Crisis Group, they generally showed much more restraint and efficiency this time, as in the rapid deployment to put down further violence in Mombasa.
The election violence of five years ago is of course the reason for the uncertainty surrounding the ICC indictment of President Kenyatta, who is to appear before the court in July. The noble Lord, Lord Chidgey, and I visited Khartoum a couple of years ago, and we are both well aware of the irony of the Kenyan position alongside that of President al-Bashir in Sudan. President al-Bashir has taken little notice of the ICC and, despite the obvious inconvenience of sanctions, he carries on normally and goes on unauthorised visits abroad. At the same time, on the l0th anniversary of Darfur, the Foreign Office happens to have mentioned in its latest report that there has been progress on human rights in Sudan, such as the appointment of an independent commission on human rights, so perhaps good behaviour somehow pays off.
Long-term African presidents, even elected ones, seem to think that they have earned some impunity because of their long service. In passing, I could also mention the apparent integrity of President Museveni of Uganda, whom we have all admired. This week, he decided to close down the highly respected Daily Monitor and two radio stations simply because they reported disaffection among the generals about his son’s possible succession in three years’ time. When you are high and mighty in Africa, you get away with a lot.
The ICC does appear to Africans to be biased against African states, although I know that our Government would deny that. It is a very contentious issue. The Minister may well say that due process is being followed and that the ICC has merely taken over from the local tribunals. The UK was one of the original backers of the ICC in 2002 and has consistently supported it at the Security Council. It is argued that the extent of violence in Africa justifies a higher level of international judicial involvement, which can take the weight off the courts in the countries concerned. In that direction, much is expected of the ICC’s first African chief prosecutor, Fatou Bensouda, a former justice minister in the Gambia.
However, perceptions also matter, and inevitably there is post-colonial resentment of Britain and other European powers suspected of trying to influence the political scene in Kenya. There was already some feeling during the elections that European diplomats were playing a negative role, although this was denied. People see that, as the noble Lord, Lord Anderson, said, the ICC has an Achilles heel in that major powers, including the US, China, Russia, Japan and India, have refused to join it, so that it therefore has no genuine international standing.
I enjoyed reading the Commons debate about Kenya on 20 March, in which Eric Joyce raised the issue of the ICC’s image. He has a lot of experience of the rough and tumble of life, especially in central Africa, and he analysed—I thought very fairly—the limited status of the ICC as a world arbitrator, showing that in practice it has drawn up indictments only in Africa. Perhaps the Minister could explain how it is that the ICC suddenly seemed to take over from the local tribunals in Kenya, of which much was expected after the last elections. I remember that we debated that. The Mombasa court, of course, has since rightly earned a reputation for its role in the EU-backed Operation Atalanta campaign against Somali piracy and for taking the lion’s share of the prosecutions there.
Because of the high rank of those accused for inciting post-election violence, political pressure was bound to be brought to bear on the Kenyan judiciary in the years after 2007. Witnesses are withdrawing or changing their statements even now for this reason and because of the time that has since elapsed. I gather that William Ruto’s case has been deferred, and therefore there is a real risk that the whole ICC prosecution will be postponed again and, ultimately, cancelled. This would not reflect well on the new Jubilee Alliance Government, who have declared themselves anxious to conform to the new constitution and preserve the independence of the judiciary. Mr Uhuru Kenyatta, as the son and namesake of the founder of Kenya’s independence movement, will want to get on with the business of governing and, we all hope, ridding the country of its worst excesses, many of which lie within government itself.
To begin with, as the International Crisis Group has argued, the new Government need to show robust commitment to the implementation of the new constitution, in particular to devolution, land reform, the fight against corruption, and national reconciliation. Ask anyone involved in wildlife conservation and tourism in Kenya and Tanzania about corruption and they will say it is their worst enemy because it flouts the law, condones poaching and enables very senior civil servants to draw salaries without actually doing anything.
There is always a correlation between corruption, violence and poverty, especially in crowded urban areas such as Kibera. To mitigate this, DfID Kenya has many innovative projects throughout the country; I will not list them all. It concentrates on a whole range of issues, including: improving maternal and reproductive health; increasing school access and the quality of education; and helping Kenya to develop green energy and adapt to a changing climate. Good governance is another priority. Parliamentary exchanges, including training and shared technology, are carried out very effectively by the CPA and the Westminster Foundation for Democracy, as I saw for myself in 2008.
I know that the noble Baroness has a human rights brief and is closely associated with the Government’s campaign to join the once-despised Human Rights Council, for which I applaud her. As a younger-generation Minister, she will understand that the UK cannot condemn human rights abuses without accepting its own historic responsibilities. I am thinking of the compensation claim of a limited number of Mau Mau victims of British Army torture following their successful High Court ruling in October 2012, for which negotiations are under way. This case sets a precedent and will have significant repercussions in other Commonwealth countries.
As the noble Lords, Lord Chidgey and Lord Anderson, have said, despite this cloud on the horizon Britain has enjoyed very good relations with Kenya; for example, inviting the President to the Somalia conference. The whole east African region has benefited from Kenya’s growing international trade and the oil boom. Kenya’s success in curbing the power of al-Shabaab in Somalia has won worldwide admiration. The training in Kenya of British troops, which was mentioned by the noble Lord, Lord Chidgey, seems likely to continue. Our FCO and Trade Ministers have promoted Kenya’s Vision 2030, which involves leading British investors. All that must be to the good. On these and many other fronts, Kenya can be proud of its relationship with Britain, and vice versa.
As we are having an African debate, I will close by commending Archbishop Desmond Tutu on the receipt of the Templeton Prize. I gather he is in this House today. I witnessed the ceremony yesterday. Of course, he accepted the prize with his usual humility.
Afghanistan
Earl of Sandwich Excerpts(11 years, 8 months ago)
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The Earl of Sandwich
My Lords, the Minister covered a vast area and I envy her trip to Bukhara and Samarkand. I hope that we shall all achieve that. It is a pleasure to join her in such an upbeat and constructive debate on Afghanistan because it is a country which will always depend on the strength of its links with its immediate neighbours. However, so much uncertainty may mean that what we say will be largely speculation. Having been puzzled by the wording of the debate, I nevertheless fully understand the Government’s motivation for tabling it.
Are we bold enough to say that Afghanistan even has the prospect of becoming a united country? In my view, after ISAF’s withdrawal, it will still require subtle partnerships not only with neighbours but with provincial warlords to achieve relative unity and ensure a reasonably stable coalition at the centre. If we have learnt one lesson in 12 years—the noble Lord, Lord Parekh, reminded us of this—it is surely that over every mountain is another form of loyalty to family, tribe and the shura, normally before that of central government. However, there will always be central government in some form, and it is the job of this debate to identify what forms of regional co-operation are going to achieve the most secure results. In the absence of ISAF, Afghanistan will have to fall even further back on the good will of its neighbours, and they are pulling it in different directions. The Istanbul Process was a good idea but perhaps too ambitious, and the key bilateral partnerships with India and Pakistan will always be restrained by the endemic rift between those two countries, although I am very glad to hear of the improvements in the links between Pakistan and Afghanistan and the transit trade agreement and the new strategic partnership agreement. They will always be helpful in achieving reconciliation.
Iran has a common language with Afghanistan. It has many close regional ties with Herat province and we may be underplaying its role in a future Afghanistan. I am never clear why our relations with Iran seem to inhibit us from making this point. It is true that our embassy and the British Council in Tehran have been badly treated, as I saw for myself when I visited Tehran, but so have they in Moscow. I know from fairly recent experience that there is a great affection for the UK among people in Tehran, and I hope the Minister would agree that there is room for discussion about development along the Iranian border, perhaps through DfID or EU funded NGOs, as I believe there has been in the past over the narcotics trade.
Security is not part of this debate but it is almost impossible to discuss regional relationships without mentioning the background of insecurity and terrorism which has frustrated so many initiatives. Most critical of all is the inability of the Afghan Karzai Government to come to terms with any of the Taliban, the Haqqani group, the Quetto groups, the ISI-created groups mentioned by the noble Baroness, Lady Falkner, or the cronies of the dreaded and mercurial Gulbuddin Hekmatyar, to name but a few. Indeed, the Afghan Government have been unable to identify any lasting relationship either side of the Pakistan border.
We have heard that there are a number of initiatives in international trade and development, and this is why I will today confine myself to soft diplomacy, as it is called. The Afghan Government’s website states:
“Through regional cooperation, Afghanistan wishes to improve trading opportunities, integrate itself with regional railways and road networks, become an important partner in regional energy markets, and eliminate narcotics trade”,
and achieve millennium development goals. That is a tall order—trade, transport, energy, narcotics and MDGs. I will consider just trade and MDGs. Trade is perhaps the most important of all because it actively concerns and develops people’s livelihoods. It is happening every day, bringing goods and services across all borders, despite the insecurity. Afghanistan already has bilateral agreements with Pakistan and India and its membership of the South Asian Association for Regional Cooperation, SAARC, should be helping to build its partnership with both countries. I should be interested in the Minister’s comments. The association aims to promote the welfare of the peoples of the region through accelerated economic, social and cultural development. Afghanistan joined the association in 2007. What has it to show for that?
I remember watching the reconstruction of destroyed small towns and villages outside Kabul, such as Istalif. I saw how dependent the people were on imports of, for example, roofing timber from Pakistan, and all the appalling delays in ordering and transporting it. What Afghanistan needs is more of its own timber so that development is more sustainable. Perhaps the noble Baroness can forecast what our role will be in trade promotion after 2014, especially in agricultural exports, which are the potential winners. To the north and west, there is the important international trade route through Uzbekistan used by ISAF. What is its future? We know that there is considerable local traffic across a long border with Iran. We have heard about mineral exploration and co-operation on proposed pipelines, which are promising.
The Pakistan border is in a special category because of the refugee camps in Peshawar, where many of today’s decision-makers grew up and were educated in exile. This is how many of the Afghan NGOs developed, in partnership with the aid agencies. That building up of civil society has been very important, both before 2001 during the rule of the Taliban, and since. After our armed intervention, when the mist of antiterrorism had receded, development became our principal motive for public support for our intervention in that country, as we have, usually for bona fide reasons, intervened in many poor countries around the world, although not as dramatically as in Afghanistan. I was delighted to hear from the Minister that the UK intends to remain in Afghanistan through international development for another decade. That is saying a lot. In the knowledge that DfID is reducing its programme in India, I ask for a reassurance that the Government will begin now to encourage and support development and co-operation between India and Afghanistan, given that India has much experience in that field.
I will mention one important millennium development goal that affects Afghanistan—water and sanitation. About 300,000 children in south Asia die from diarrhoea every year and more than half the population of Afghanistan lacks improved water facilities, and nearly two-thirds lacks sanitation facilities. The WHO estimates—this must be repeated as often as possible—that for every $1 invested in water, sanitation or hygiene, $3 or $4 come into the national revenue. As the right reverend Prelate the Bishop of Bath and Wells knows from his connection with WaterAid, the noble Lord, Lord McColl, and I are joining a parliamentary delegation to the Kathmandu valley this coming weekend to draw attention to the importance of water and sanitation in south Asia. I am beginning to do that here and now. It will be a regional event and will be joined by MPs from India, Pakistan, Bangladesh and elsewhere in a street march to the South Asian Association for Regional Cooperation headquarters.
Another objective of the campaign is to highlight the work of the high-level panel on the post-2015 millennium development goals, which is meeting in Bali this month and has to come to a decision in May. Perhaps I may send a signal to our Prime Minister that WASH—water and sanitation and hygiene—is still only a subsection of MDG 7 on sustainability and needs to be upgraded in the next round. While drinking water targets are being reached generally by 2015, the world is still well short of the targets for sanitation and hygiene. I hope that the Minister can take back that message.
Afghanistan must play an increasingly active part in these international associations. I hope that our Government will ensure, post-2014, that this continues to happen. I congratulate the noble Baroness on her personal role in this region.
Darfur, South Kordofan and Blue Nile
Earl of Sandwich Excerpts(11 years, 9 months ago)
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The Earl of Sandwich
My Lords, I express my thanks again to my noble friend Lady Cox. She is a tireless campaigner on this issue and a voice for the voiceless. I fully support what the noble Lord, Lord Avebury, said earlier.
It is always difficult in these short debates to know whether to signal impatience with official delay or to express some hope of change to come. There have been so many cliff-hangers in Sudan, when agreement seems just around the corner and then drifts away from sight. Once again, here we are waiting for a final agreement on oil, Abyei, the borders and humanitarian access, most of which were foreseen in the comprehensive peace agreement. Meanwhile, as we have heard, the bombs continue to fall and people in Darfur, Kordofan and elsewhere continue to flee or to live in a state of near desperation that is difficult to convey in our environment.
I have hopes for the New Dawn Charter group which signed a document in Kampala on 5 January. It need not cause President al-Bashir any alarm. It should be seen as a positive move. It is not revolutionary and it would bring a little more sense into Sudan’s chaotic political chessboard. Al-Bashir has to see that the majority of Sudanese would prefer a new way forward that would provide a degree of stability to the economy, even if it does not satisfy the basic human rights that Tunisia and Egypt have identified, if not implemented.
Our Government, having rightly denounced the recent clampdown on civil society in Sudan, will surely encourage this process diplomatically and rigorously if there is to be any sign of a Sudanese spring. But if students, teachers, journalists and members of NGOs are going to be oppressed indefinitely, and limited press freedom further curtailed, something must snap. That may be inside the ruling junta. We have to take into account that the Sudanese temperament may not be suited to any version of the Arab spring. In my experience, the Sudanese are not like north Africans. They are an exceptionally tolerant people who have accepted a low level of freedom and have put up with an unnecessarily autocratic, bullying and often incompetent regime. It is a vast country run by about five people.
It is hardly possible to conceive of a unified state in Sudan. Instead of devolution there has been continuous warring between Khartoum and the regions. The centre’s authority depends entirely on intermittent military aggression. As we have heard, South Kordofan in particular has been the victim of constant aerial bombardment, with the Nuba people suffering untold human rights abuse and near starvation away from the eyes of the world.
In Darfur, the Government have carried on with the bombing of villages and Khartoum has made it a virtual no-go area for NGOs and humanitarian agencies. Another ceasefire was signed in Doha between the Government of Sudan and the JEM on February l0, and Qatar has announced a donors’ conference in April. But, as always, such deals are as elusive as the various parties to them and no one believes that peace is around the corner. The 10-year anniversary, though, must provide a new impetus to the long-standing campaign to persuade the Sudan Government to co-operate with repeated UN and AU resolutions, as we have heard from the noble Lord, Lord Avebury.
An urgent priority must be the border settlement, with Abyei still a flashpoint while its boundaries remain uncertain. Concordis International has been doing valuable preparatory work, as some of us heard this week, alongside the AU High Level Implementation Panel and other interested parties. Importantly, this takes account of the regular seasonal migration across the borders. This work on the disputed sections is absolutely essential. Reuters has repeated reports from South Sudan of an incursion earlier this month into Upper Nile by unknown militia and a troop build-up, again, around the Heglig oil field close to Unity State, which recalls the brief SPLA occupation of the oil field last April, which brought the two countries to the brink of war. The implementation of the various elements of the CPA has been lamentably neglected, not just by north and south but by the international community, including ourselves. Seen from the West, Sudan has remained just below the horizon of the Arab spring. To make up for this deficit of awareness, there is no doubt in my mind that the UK must maintain and not downgrade its special relationship with both Sudan and South Sudan.
Several of us in the Sudan all-party group have been impressed by the quality of the FCO’s Sudan unit, which has taken the trouble to keep us informed. However, I have been concerned lately that there could be staff changes in the unit as a result of the recession and administrative savings. I hope that the noble Baroness can reassure us that no such cuts in the unit are forthcoming and that the FCO still gives the highest possible priority to this work. It is really important that simply because the CPA has been superseded, the UK, as a member of the troika backing up the CPA, does not lose its diplomat leadership.
Finally, may I ask the Minister, who I know has particular experience of and interest in Sudan, where Sudan is on the US Government’s world map—assuming they have moved on from the “axis of evil”—although we have not heard anything to the contrary. I notice that Sudan was left out of the Foreign Secretary’s recent RUSI speech on terrorism, which covered whole swathes of north Africa, including Mali. Perhaps she could reassure us that while we need to remain alert on this issue, close intelligence co-operation with an indicted Sudanese president is not a necessary prerequisite to security in the UK or the US.
Kosovo
Earl of Sandwich Excerpts(11 years, 9 months ago)
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The Earl of Sandwich
To ask Her Majesty’s Government what steps they will take to encourage greater international recognition of Kosovo as an independent state.
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi)
My Lords, we will continue to encourage others to recognise Kosovo, using opportunities in bilateral and multilateral fora, and we will provide support to the lobbying efforts of the Kosovo Ministry of Foreign Affairs. The Government are also part-funding a project to deepen Kosovo’s links with EU member states that do not recognise it, and to improve Kosovo’s image abroad through public diplomacy.
The Earl of Sandwich
My Lords, that is a very encouraging Answer. The only problem is that this Government do not take enlargement seriously enough. I looked all through the Prime Minister’s speech and I could hardly find any mention of it. He mentions the Second World War and the fact that we brought peace and stability through enlargement. However, is there not much more than that? Should we not take a much closer interest in the dialogue between Serbia and Kosovo, which are to become independent European states?
Baroness Warsi
The noble Earl raises an important issue, and I can assure him that we are steadfastly supportive of EU enlargement. We think that it is crucial, as he said, to bringing security and prosperity to the western Balkans and to wider Europe. The Prime Minister’s speech, which talked about a more diverse, competitive and flexible Europe, relies on an ever-enlarging Europe.
European Union: Recent Developments
Earl of Sandwich Excerpts(11 years, 11 months ago)
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The Earl of Sandwich
My Lords, I am another who views Euroscepticism in the Tory party with concern, partly because it is based on pure fantasy. Beyond the single market and a remote supervisory banking role, the UK will never have anything like a fiscal and monetary union. It is absurd that a referendum should be called on that basis. It is an Aunt Sally—or, as the noble Lord, Lord Monks, described it, a Farage—and the electors will obviously reject it.
The Economist last week said that:
“Britain's position in Europe may become untenable”,
if the eurozone countries are bound much more tightly. This is a gloomy and unlikely forecast, but I agree with the conclusion that,
“the best course is to stick close to Europe, and try to bend it towards Britain”.
We all know that politicians play largely to their own crowd. The dangled referendum is a card played, not a serious proposition. I see the Government’s review of competences as a cumbersome exercise, but also a rather clever political attempt to shore up the coalition and postpone the referendum until such time as they see that people understand what Europe is really about, because it is about a great deal more than the euro: it is about the stability of a whole continent, as we heard indirectly from the noble Lord, Lord Grenfell.
While in Brussels a fortnight ago, I was much less worried because for the moment we have a lot of friends in Europe. I believe, paradoxically, that we are at the centre of a much wider and more interesting Europe and have been for some time. This is the Europe of enlargement, in which we have played a prominent part from the very beginning. Enlargement is happening. I declare an interest as a keen member of the EU Committee currently conducting an inquiry into enlargement. From what I have heard so far, I derive a lot of encouragement, as the Prime Minister should, from the leadership that this country has demonstrated in the EU in foreign policy over many years, and notably in the opening up of eastern Europe after the Cold War and then the western Balkans since the break-up of Yugoslavia.
Four of us from the Committee met Commissioner Štefan Füle as well as Ambassador Drobnjak, who was previously Croatia’s chief negotiator on accession. We learnt that while Croatia is now seen as a success story, having dressed all its wounds of war, its accession process has become much more individualised and more gradual compared to that of, say, Bulgaria or Romania. This more complicated process will have—and already has—implications for the countries currently in the queue, such as Serbia, Kosovo, Montenegro and Macedonia, and how they progress towards candidate status and eventually, they hope, membership of the EU. Our report is likely to be published in March, and we hope that anyone with an interest in this area will want to read the report and debate it in due course.
We were with Commissioner Füle just after there had been a breakthrough in the dialogue between Serbia and Kosovo. The two leaders, Kosovo’s Prime Minister, Hashim Thaçi, and his Serbian counterpart, Ivica Dacic, agreed to implement the integrated border management agreement along their common frontier. This sounds very technical, but means in practice that, in spite of considerable local protests from the Serbs, the double checkpoints at Jarinje and Merdare have been combined under one roof. Two more will be operational at the end of the month. This is a significant development. For the first time Kosovar and Serbian police, previously 10 metres apart and observed by EULEX officers, will jointly control these border crossings. There will be much more to discuss when the two leaders meet again next month, notably the issue of law and order and how the northern enclave can be made safe. The EAS, under the noble Baroness, Lady Ashton, has made this dialogue a priority, but it is painfully slow.
It is said that after Croatia, accessions may seize up because of enlargement fatigue. I doubt that this will be the case. One reason is that conditionality is no longer one size fits all. It has variable geometry—or, as the noble Lord, Lord Howell, said, differentiation. Like English case law, it rolls like an uneven snowball, collecting different models as it goes along. As well as compliance with the Copenhagen principles and the acquis, we now have co-operation and verification, stabilisation and association, bilateral issues, opening and closing benchmarks and the new emphasis on the rule of law. These are all the clothes of enlargement, and from now on if they do not fit the client, the client will have to remain a neighbour or partner until they do.
Bilateral issues are not supposed to slow down the accession process, but if they are as fundamental as those between Serbia and Kosovo, how can they not? Croatia, on the other hand, has only minor bilateral issues remaining, and its performance on the issues of the tribunal and Chapter 23 has won widespread approval. So enlargement will not seize up but will roll slowly and uncertainly forward. It could be eight to 10 years before another Balkan or neighbouring state becomes a full member. Meanwhile, the UK will earn brownie points by continuing to foster the process in countries such as Bosnia, Herzegovina, Serbia and Kosovo. If the EU truly deserves its peace prize, it must stay the course in countries that were born out of ethnic conflict not so long ago—as the noble Lord, Lord Owen, will perhaps remind us—and that still carry the scars of genocide and persecution.
We should not forget that we stood by—and fought by—these people in the Second World War while they endured yet another tyranny. Kosovo, for example, is one of those historic touchstones of conflict in the Balkans that has to be nursed very carefully towards peace and stability. Enormous efforts and resources have already gone into the EULEX project and, not surprisingly, the auditors say quite bluntly that not enough has come out the other side. The paradox is that either Kosovo is a post-conflict country—perhaps the poorest country in Europe—with many destitute people needing aid and basic necessities; or, as its leaders claim, it is a modern European state in the making, seeking full recognition and proceeding through the stabilisation and association process towards EU membership. Which is it? We may like to think that it is the latter, but several countries will not agree because of their own fears about internal secession.
The UK has closed its official DfID programme but is rightly giving a lot of behind-the-scenes political and parliamentary support, and our own clerks have been lending expertise. The Foreign Secretary has recently shown his commitment by travelling in the region. Surely the Prime Minister can claim the high ground on enlargement while he is performing his pas de deux with Chancellor Merkel around monetary and economic union. Will the Minister at least confirm that the Government will make a little less play of union and a little more of enlargement?
Finally, what will happen to the outer ring of countries such as Georgia and Ukraine? The neighbourhood policy is the only way forward; perhaps it should not be defined too sharply. Iceland already has advantages and will try to jump the queue. Georgia and Ukraine have a long way to go. Turkey seems to be on an eternal wheel, gently encouraged by the EU’s “positive agenda”. The point is that, in this voyage of enlargement, there can be no horizon.
Court of Justice of the European Union
Earl of Sandwich Excerpts(12 years, 4 months ago)
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The Earl of Sandwich
My Lords, I served on Sub-Committee E when we produced our report last year but I was unable to speak in the debate last October, which is why I am here today. However, the wheels of EU government, and our own, turn desperately slowly and little has happened during the interval.
The president of the Court himself proposed reforms over a year ago. Some of these are, at last, before us today. I support the Motion that Parliament approves the draft regulations as far as they go, but, as we have heard, they do not go far enough to solve the basic problem. The EU Committee has had hardly any time to consider this matter. Once again, this House is discussing important business at the 11th hour—after everything has been said and when it is too late to change anything—although this has never in the past prevented noble Lords from saying what they think again.
The evidence suggests that the Court of the European Union is at serious risk of implosion. The Minister for Europe says that it is not a crisis. The crisis is not here today, but it is just around the corner, even in the Court of Justice itself. The number and length of cases before it has made some areas of the Court almost unmanageable. In our report we suggested increasing the number of advocates-general in the Court of Justice, as already provided for in the Lisbon treaty. Let us remember that with the new member states, the ratio went up in 2003 to 27:8 from 15:8. No wonder the workload became unmanageable. The rearrangement in the Grand Chamber may help, but meanwhile the General Court is still stuck with only one judge per member. What a terrible advertisement for the European Union, and such easy prey for the ever-prowling Euro-sceptics mentioned by the noble Lord, Lord Anderson. They include some in the Conservative Party who must distrust the size and power of the European Court; we have to face that.
The Minister will have tried to put pressure on his own colleagues, quite apart from other EU Ministers, and this regulation will at least bring him some temporary relief. But as the noble Lord, Lord Bowness, and others have said repeatedly, the Court of Justice is vital for the proper functioning of the European Union itself and it therefore must receive the full support of member states if it is to succeed.
The biggest problems, as the Minister freely admitted, lie in the General Court, which is already overloaded. The pending cases are piling up. The average turnaround in a recent year was 33 months, and one competition case, which has been quoted frequently, took more than four years to complete. As the Minister said, and the noble Lord, Lord Marks, repeated, we suggested some time ago that there should be 12 more judges and tighter rules of procedure rather than the creation of specialist courts. Her Majesty’s Government did not, and perhaps still do not, accept the need for more judges, although the Minister says that the Government take the issue very seriously. What are we to think?
In the debate last October, the noble and learned Lord, Lord Wallace of Tankerness, appeared to agree with the direction of our report and the need for some procedural reforms such as economies in the length of pleadings—but not, of course, with anything that might incur extra cost. The committee suggested that this need not involve taxpayers directly since, as an EU institution, the Court had a reasonable claim on the EU budget. My noble friend Lord Williamson will explain the truth of this. The Minister mentioned value for money, but he was silent on the source of funding. I hope that he will advise us on this later. I am not proposing another government assault on elements of the CAP; rather I seek a recognition in principle that the EU budget is what the Court should look to. As the noble Lord, Lord Marks, said, the costs are bound to increase over time.
The European Union Civil Service Tribunal is a similar story, although we did not have the same concerns. Since our report, the Government have accepted that delays can and do arise from the shortage of CST judges, especially when one falls ill or cannot attend. Again, the president had proposed an ad hoc solution whereby three former judges would come in on a temporary basis, but absurdly, until today Her Majesty’s Government rejected this obvious proposal. Why was that? It was because of budgetary concerns. Perhaps the Minister will explain how it can take so long to reach a change of heart under these new regulations.
The question of judges in the General Court is excluded from the present draft regulations, but the Minister for Europe has assured the committee in a letter that the friends of the presidency group is going to look at it between now and December. The noble Lord, Lord Anderson, also mentioned this. Could this be another opportunity for delay? I am all for ginger groups stitching up solutions, but this method betrays a degree of exasperation with the formal structure, and further delays will follow.
On the Court’s proposed new rules of procedure, the Government have been reluctant to let the Court itself rather than the parties make the decisions, but in the end they recognised the need for some economies in the excessive length of written pleadings, thus reducing the burden of translation. Let us remember that there are 23 official languages in the European Union. I am myself in favour of English alongside French, but the committee did not support that as it is a highly sensitive issue.
The evidence for urgent reform before the Committee a year or two ago was overwhelming, and it remains so today. We have heard some of the statistics today. I am sure that the Minister is much more aware than any of us of the urgency of these reforms and of the apparent helplessness, not to say impotence, of all our Governments on this issue. I look forward to his comments.
Queen’s Speech
Earl of Sandwich Excerpts(12 years, 6 months ago)
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The Earl of Sandwich
My Lords, it is a great pleasure to follow the right reverend Prelate the Bishop of Lichfield and to support everything he has just said—although I think we were all horrified to hear about the absconding bishop and we pray that it may not happen again.
The level of the aid budget may not seem as compelling as some issues of foreign policy but it affects millions of people’s lives as well as our own. It is in the coalition agreement and all parties are signed up to it. “We will legislate when parliamentary time allows”, say Ministers. Where have we heard this before? The Bill to enshrine the United Nations 0.7% target in law is a bit further down the list than Lords reform but it is one that already commands consensus and will need very little parliamentary time. Indeed, if the Bill is already being drafted, as I hear, it would be a good candidate for pre-legislative scrutiny. Can the Minister say when he thinks it may come forward?
We know from the Secretary of State’s interview last month that he is personally behind the Bill and that his party will support him, judging by a show of hands in the 1922 Committee. Politicians of all hues know that there is massive public support for the aid target, and aid agencies are pressing for the Bill. Thanks to Ministers like our own noble Baroness, Lady Chalker, who was here earlier, poverty eradication is now firmly Conservative philosophy these days and one of the keystones of the coalition. I was pleased to hear the noble Lord, Lord Howell, mention Africa and my noble friend Lord Cameron explaining what actually works in Africa, and we need to hear more about that. Plenty of things work.
However, as we have heard, there are critics of the legislative route, including some close to home. The Economic Affairs Committee’s report does not accept that meeting the UN target by 2013 should be a plank of aid policy and gives four reasons: it prioritises the amount rather than the results of aid; it makes spending more important than effectiveness; speed reduces quality, value for money and accountability; and there is an increased risk of a corrosive effect on local political systems. The report claims that it deprives future Governments of the flexibility to respond to changing circumstances. I do not agree with these points, which are rather academic, and I will be happy to respond on them when we have a full debate on the report. I suspect that the then Minister will dispose of them fairly quickly, saying that legislation will in no way alter the quality of aid or impact on other Governments and that it gives the givers and receivers of aid more stability and confidence in the aid process.
Meanwhile, the Lords report has been ferociously attacked by the Bond group, which represents all the leading aid agencies. It argues that aid is already making a difference, saving millions of lives and ensuring growth and good governance. It says that we need targets such as the millennium development goals to halve poverty and reduce infant mortality by at least one-third. These and some other targets have already been met, thanks partly to an international campaign but mainly because of the efforts of certain Governments and of the poor themselves.
The 0.7% target was set by the UN more than 40 years ago. Although progress has been slow, Denmark, Luxembourg, the Netherlands, Norway and Sweden have now reached it. The UK stands high in the esteem of other countries and was commended by the OECD only two years ago for an outstanding aid programme. It will certainly be expected to be one of the next countries to attain the 0.7% target. I was especially impressed by Christian Aid’s recent comment that Britain had the largest share of aid through the Marshall Plan after the war and that we now had the opportunity to “pay it forward” to others, finding a new role as a “development superpower”, as the Minister put it earlier.
Finally, the aid agencies remind us that world recession has hit the poorest in all countries hardest through rising food and energy prices. In countries suffering from conflict, the internally displaced can expect no future without the assistance of the international community. In South Sudan, we are hovering on the edge of another humanitarian disaster, as we heard earlier. In Kosovo, we have helped another new nation emerge beyond those disasters. We have high hopes for Afghanistan. I spoke to a delegation of Members of Parliament from Afghanistan yesterday, who gave me much confidence about what we are achieving there. In other words, we already have a moral duty, as we have heard from the right reverend Prelate, to maintain our aid programme and this should be turned into a legal requirement. It is also in our own self-interest that we keep up our international obligations, many of which also bring us greater security as well as political, diplomatic and trading advantages. We heard some of these arguments from the Labour Front Bench, too.
At the same time, we need to reconsider our aid targets such as the MDGs, which are coming to the end of their time. The Prime Minister is due to co-chair the post-2015 review, which will build on their successes and look forward to a new set of sustainable development goals.
The advocates of these SDGs, as they will be called, will have to tread carefully if they are not to founder, as Rio is foundering, on one basic paradox: developed countries are trying to reduce world consumption and carbon emissions while developing countries, led by middle-income countries, are going for growth and trying to increase them. The climate change agenda is getting bogged down in this paradox, and it would be better for the world if we stuck to people-based poverty reduction as our primary development goal. Churches and aid agencies have focused correctly for years on integrated development and the relationships, as we heard from my noble friend Lord Cameron, between soil and water, between nutrition and healthcare, between small farmers—most of them women—and entrepreneurs, following attainable projects. Good governance and human rights are also important. I know that DfID is very good at these, but in every programme we must look first at the participation of the people, because they will ensure their own success.
Lord’s Resistance Army
Earl of Sandwich Excerpts(12 years, 8 months ago)
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The Earl of Sandwich
My Lords, the Kony T-shirt makes me shudder. I agree with my noble friend that the viral video may have made some important mistakes, notably the assumption that its principal actor is still in Uganda. However, as the noble Baroness has just said, it has alerted millions to the glaring fact that this arch-criminal, after years of being hunted, has still not been caught. The video focuses on Uganda because that is where the atrocities have mainly taken place, and where there are still terrible memories of thousands of mutilated or tortured children and bereaved families. I have met President Museveni and his wife Janet several times here and in Kampala, and I have been a UK patron of her trust to help orphans and AIDS victims in Uganda. I have great respect for what they have achieved, mainly the growing stability and increased prosperity of a country that was ravaged by previous rulers, but there is a legacy of neglect of the north and of the Acholi people for which the Ugandan Government carry a heavy responsibility. It was in those conditions that Kony and his fellow torturers were able to flourish, giving Kampala the pretext to clamp down everywhere. Opposition has been regularly suppressed by the President to the point of even frequently arresting his own former doctor and his allies.
The area concerned is immense. The Anglican Diocese of Northern Uganda is located within the districts of Gulu and Amuru and covers an area of over 11,000 square kilometres. Most of its population of about 450,000 people were internally displaced and confined to as many as 51 IDP camps. Even now that the area has returned to relative peace, about 20 per cent of those displaced have still not returned to their villages. According to the UNHCR, 90 per cent have gone home and about 125,000 remain in need of assistance. This mass resettlement has put pressure on already weakened family support systems, social services supplied by churches and charities, and natural resources. As the noble Lord, Lord Parekh, said, many victims will always bear the scars of the brutality of Kony’s irregulars.
I believe that the Ugandan army has done a lot to pursue the LRA over many years and, as we have heard, it is now being assisted by the US. Leaflets are regularly distributed to encourage defections, and children occasionally escape. I suggest that it is largely because Kampala has failed to develop and control the north that Kony has been able to evade the Ugandan army for so long.
In this country and within this Parliament, we have had strongly links with Uganda, not least because of the presence of several Peers and Members of Parliament who were born in Uganda and bring direct knowledge to our debates. I suggest that we do more than we are doing at the moment. The noble Lord, Lord Popat, is travelling to Uganda today to visit the Parliament in Kampala and will also visit the business community. Our economy has benefited from many Ugandan Asians who were the victims of past tyrannies and we must encourage and have encouraged their safe return home. We have had frequent exchanges through the Commonwealth in order to share methods and technology, and may they long continue. However, much work still needs to be done to strengthen institutions concerned with the rule of law, democratic government and human rights in Uganda. I hope the Minister will reassure us that the UK energetically supports this work as well as the development projects in the north with which we were concerned a few years ago. I do not know whether we still are. Oil discoveries on Lake Albert are good news, but they do not always solve problems. They can aggravate them.
EU: Recent Developments
Earl of Sandwich Excerpts(12 years, 9 months ago)
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The Earl of Sandwich
My Lords, I begin by regretting the absence of my noble friend Lord Williamson, who would like to have been here but is convalescent and will be joining us again after the Recess.
I am a Germanophile, and I have long admired the discrete position of Chancellor Merkel in Europe, representing first the unity of East and West and now encouraging and perhaps underwriting unity in Europe during and beyond the eurozone crisis. Unlike the noble Lord, Lord Grenfell, I am more cautious about her recent statement to students in Berlin. On the one hand she was promising greater integration, and on the other defending her support for Monsieur Sarkozy in his forthcoming election. I do not see a huge appetite among European leaders generally for her thoughts of greater political union, let alone her unashamed interference in others' situations; and yet I understand her general point that, as we have seen during the crisis, EU members even outside the eurozone will have to put up with the inevitable cross-border criticism and influence which comes with a desire for the reconciliation of many interests.
After he left Parliament, my father was for 20 years an arch-Eurosceptic as the chairman of the Anti-Common Market League and the Common Market Safeguards Campaign. He was a friend and forerunner of the noble Lord, Lord Pearson, but as a physical presence he was a little more like the formidable Lord Bruce of Donington. My Liberal mother disagreed with him profoundly, and the coalition never worked. She persuaded me to read European languages and to work in Europe and later in India, so I may have ended up as a hybrid.
I am against moves towards European political unity or away from national sovereignty. I do not like referenda, or even talk of them, as an alternative to stable five-year government. I firmly believe in more enhanced co-operation rather than greater integration, and I see no reason why we cannot firmly extend the excellent principle of mutual recognition, which is already applied in European jurisprudence, to many aspects of internal judicial policy and the single market. The recent fiscal compact is a good example of what can be achieved even outside a formal treaty, and it would not surprise me if a qualified majority eventually ends up as unanimity.
Enhanced co-operation is in fashion. Schengen is another example of parallel structures: even Denmark brought in its own border force last summer. The Prime Minister's December intervention initially annoyed me as a committed European, but it was to forestall Back-Bench trouble. I see that it brought out some of the fault lines in Europe. For example, I congratulate him on making common cause with the Nordic and Baltic states last week. We need a wider Europe with more co-operation and less formal integration. We need to go on with the enlargement project, daunting as that may be, and we must keep our eye on emerging nations and their global ambitions, which I will return to in a moment.
When it comes to foreign affairs, it should always be a coalition of the willing and the powerful. I believe the noble Lord, Lord Howell, laid that out in his initial address. We have seen it in the effective Anglo-French alliance in Libya and in previous interventions in the Balkans, but I do not see those as precedents for Syria. We must concentrate on political and diplomatic influence there since we simply cannot afford further military intervention anywhere. We ought to put much more effort into stabilising the Balkans before we invite Turkey in, which I am sure we will have to do at the present rate of progress. Croatia is well in line and even Macedonia has jumped forward, provided that Greece will compromise on the name. Surely that is not an intractable problem and certainly not its most serious one.
Much more difficult is the Serbia-Kosovo issue. Kosovo celebrates the first anniversary of its independence tomorrow. I do not want to repeat the arguments the Minister has already heard from me in a previous debate, but I expect him to confirm that Serbia is making gradual progress in the EU dialogue. It certainly would like us to think it is making progress and that only three municipalities in northern Kosovo stand in the way of a peaceful settlement. This week’s referendum result in their favour proves nothing and Belgrade is to be congratulated on opposing it.
Kosovo has a population of about 2 million. It is potentially a vibrant European nation and a strong candidate for the European Union, rich in minerals and a future tourist destination, and it must even now be given quite separate representation from Serbia at international meetings to give it its own identity. I hope the Minister will confirm that its nationhood and its future membership are a priority for this country as well as for the EAS and the Commission. Serbia must surely now accept that Serbs and Albanian Kosovars should live side by side without interference, as proposed by Martti Ahtisaari in 2006.
The rule of law and support for the judiciary in post-conflict states is an important priority, and one of the things that the EU is very good at, whether in the Balkans or in Africa. This Minister hardly needs convincing of Europe’s influence in the wider world of commonwealth and trade, as I know he is personally committed to these issues, as is the noble Lord, Lord Howell. However, let us lift our sights for a moment beyond the Greek drama and the eurozone crisis and consider what Europe is doing for the emerging nations and developing countries.
For example, what can Europe do with China—apart from borrowing money? Does the Minister agree that one of the most promising developments is the interest that China is showing in Africa? This is largely for business reasons, but it is making a lot of headway in hearts and minds through the building of roads and infrastructure. This could be invaluable for African agriculture and should be a space which Europe can fill too. The EU-China partnership has been well symbolised by the new African Union building in Addis, which was donated by China, and overlooks the more traditional EU delegation building. Does the Minister accept that much more could be done to develop this partnership, and is it being discussed in the EU-China dialogue?
Six of the world’s 10 fastest growing economies are in Africa, and the climate for business and investment there is improving. There are many opportunities for investors in agriculture to reverse the decline in agricultural exports over the last three decades, and I commend the new report by the All-Party Group on Agriculture and Food for Development. One country where China has invested is Sudan and—assuming the oil is allowed to flow again—South Sudan. The EU is ready to assist South Sudan, especially with humanitarian aid on a considerable scale, once it has signed the Cotonou agreement. Will the UK, with its strong interest in both countries, continue to support the EU’s programmes and, of course, the office of the EU envoy to Sudan?
The EU has a range of governance programmes and support for democracy in Africa. Not many people know about them, but they include extensive election monitoring, co-ordinating the member states of the African Union. Yesterday saw the launch of the African Charter on Democracy, Elections and Governance, which embeds the principles of democracy, the rule of law and human rights across Africa, which should in turn contribute to improved peace and security across the continent. The existence of this charter will surely contribute to the credibility and transparency of the electoral process and of the institutions that we value so highly.
Kosovo and Serbia
Earl of Sandwich Excerpts(12 years, 11 months ago)
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The Earl of Sandwich
To ask Her Majesty’s Government what progress there has been in the European Union’s negotiations with Kosovo and Serbia.
The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)
My Lords, the Government continue to support strongly the dialogue that the EU facilitates. This plays a key role in building practical co-operation between Kosovo and Serbia and in helping to normalise relations. This is crucial for both countries to move towards eventual EU membership as well as for stability in the region. To date, the dialogue has secured agreements on freedom of movement, custom stamps, mutual recognition of university diplomas, the sharing of land and civil registries and integrated border management. We urge both parties to implement fully the agreements reached and to work constructively towards achieving further progress.
The Earl of Sandwich
My Lords, I agree with the noble Lord. Kosovo has been a special concern of this country since NATO’s intervention only 12 years ago. However, the shadow of Serbia remains over the north, which has become a virtual no-go area. EULEX law officers are not able to go there; even NATO is restricted. What can the Government do to speed up the European Union dialogue and also to persuade those other member states—Spain, Cyprus and others—that they must recognise Kosovo? There is a conflict around the corner and Kosovo’s very future is at stake.
Lord Howell of Guildford
The noble Earl is absolutely right. This is not a smooth pathway and at every stage Serbia must be encouraged to participate in the dialogue over Kosovar independence in order to see its way into EU membership. As for the five countries of the EU which do not go along with the independence position—Cyprus, Greece, Romania, Slovakia and Spain—for reasons which one can certainly recognise, we and the rest of the EU engage with them. We seek their constructive involvement. We do not expect them to change their minds overnight, but they all support the broad aim of the EU representative, Robert Cooper, and his team in seeing a way forward for Kosovar independence and a Serbia that accepts that constructively, works toward it and paves its own way towards EU membership.