Global LGBT Rights

Hannah Bardell Excerpts

Thursday 26th October 2017 Commons Chamber

[Nick Herbert]

I strongly agree with the hon. Gentleman. It is important not least because of the health and equality issues that are raised, which he will know in his capacity as chair of the all-party group on HIV/AIDS. I will come on to CHOGM shortly.

There is another world, too. I am talking about a world in which 75 countries criminalise same-sex activity between consenting adults. That covers 2.9 billion people. Some 40% of the world’s population live in these jurisdictions, which means that more than 400 million people live under laws that punish same-sex activity, and punish it with the death penalty. Our all-party group was keen to secure this debate now because of the events in a number of countries last month, during the conference recess. What happened was a matter of grave concern.

In Azerbaijan, during the last two weeks of September, organised police raids led to mass arrests of perceived gay and bi men as well as trans women in the capital, Baku. The authorities claim that the arrests were made as part of a crackdown on prostitution, but activists and the victims’ lawyers claim that LGBT people were specifically targeted. While in detention, victims report being subjected to beatings, electric shock torture, forced medical examinations and other degrading treatment and ill-treatment. The majority of the detainees were charged with disobeying police orders, which is an administrative offence, and sentenced to between five and 20 days in custody. The country’s own Ministry of Internal Affairs stated that 83 people were detained in total.

The ambassador of the Republic of Azerbaijan noted that we were calling this debate and wrote to me this week. Let me quote what he says:

“I can reassure you that this was not a concerted effort to crack down on the LGBT community, but rather a police action to stop solicitation of sexual services in downtown Baku following complaints from local residents. It may be that some within the local police force acted over-zealously and exceeded their mandate. As soon as the appropriate authorities were made aware of this the police operation was stopped and all those detained were released.

I would like to reiterate that the Azerbaijani constitution guarantees all forms of freedom of expression. Same-sex sexual activity for both men and women has been decriminalised in Azerbaijan since September 1st 2000.”

That does not deal properly with the situation. Local groups have reported that, since the initial raids, the authorities continue to intimidate and harass people whom they perceive to be LGBT. It is very important that this House, and I hope the Government, send a very clear message to the Azerbaijani Government that that kind of oppression is unacceptable in the eyes of the global community.

This House heard an urgent question earlier this year about the terrible situation in Chechnya, with arbitrary arrests and the illegal detention and torture of LGBT people. That continues to take place as part of a wider crackdown on human rights, despite the protests that have been made to the Russian authorities.

In Egypt, more than 50 people have been arrested in response to the flying of rainbow flags at a pop concert in Cairo on 22 September. That act alone resulted in arrests. The victims stand accused of debauchery, inciting debauchery, promoting sexual deviance and belonging to a banned group—charges that carry up to 15 years in prison. Many have already been sentenced. Victims report being subject to beatings, sexual harassment and forced anal examinations while in detention.

Although same-sex conduct is not explicitly prohibited in Egypt, the Egyptian Parliament is now debating criminalising homosexuality with a proposed punishment of up to 15 years in prison. What are Her Majesty’s Government saying to the Egyptian authorities and Government about this terrible abuse of gay people for committing what we in this country would regard as no crime at all, but simply the freedom of expression of flying a flag? I was struck by a message sent to me by a young gay man living in Egypt who attended that concert. He said:

“I can hear those consistent steps. Coming closer. Fear. Is it happening? Fear. Are they coming for me?...This has been the most common stream of thoughts during the past weeks in Cairo. The thought of being arrested would not leave my mind ever since the recent escalation of the state in its crackdown on the LGBTQs in Egypt. Fear that has, more or less, accompanied me for a life time as a gay man in Egypt. It is heartbreaking to wake up everyday to a new chapter of fighting for your right to exist, just to be.”

These are not isolated cases. Attacks on freedom of expression and association of LGBT people are wide- spread in other countries. State action, in turn, licenses discrimination at best, violence at worse and a climate of fear under which LGBT people have to live.

In June 2013, the Russia Duma unanimously adopted, and President Putin signed, a nationwide law banning the distribution of propaganda for non-traditional sexual relations—often the excuse for measures that discriminate against LGBT people. Since the introduction of that Russian law, 14 countries have considered similar legislation in eastern Europe, central Asia and Africa.

Nigeria’s Same Sex Marriage (Prohibition) Act 2013 criminalises the formation, operation and support of gay clubs, societies and organisations, with sentences of up to 10 years’ imprisonment. Uganda’s Parliament passed a similar act—the Anti-Homosexuality Act 2014 —which would have prohibited the promotion of homosexuality by individuals and organisations, incurring penalties of up to seven years’ imprisonment. That has now been revoked, but Uganda’s Pride had to be cancelled this year as a consequence of the actions of the state and the police, who were absolutely determined that that expression should not take place.

It is sometimes suggested that the UK may be guilty of some kind of neo-colonialism by seeking to impose our views on countries in the same way as we did in the past. It is true that 40 of the 53 member states of the Commonwealth criminalised same-sex activity using legislation inherited from the British empire. I would argue that our history gives us a special responsibility to atone for the measures that we introduced, and to act. That view is shared by the Prime Minister, who—I am delighted to say—said last week at the PinkNews awards that, on the world stage, the Government are

“standing up for LGBT rights, and challenging at the highest level those governments which allow or inflict discrimination or abuse. The anti-LGBT laws which remain in some Commonwealth countries are a legacy of Britain’s Colonial past, so the UK government has a special responsibility to help change hearts and minds. We will ensure these important issues are discussed at the Commonwealth Heads of Government Meeting, which we are hosting in London next April.”

That is immensely welcome.

Only this week, the Commonwealth Equality Network of activists and non-governmental organisations is meeting in Malta to discuss how to reverse the oppression of gay people in too many Commonwealth countries. The stand that the Prime Minister has taken and the Government will take at CHOGM next year is very important. After all, what many of these countries are doing is in breach of the Commonwealth charter itself. Indeed, outside the Commonwealth, every country has signed up to the United Nations declaration of human rights—rights that guarantee liberty, freedom of expression and freedom from torture and oppression. That is why it is so important that we continue to support campaigns run by United Nations institutions, such as the Free & Equal campaign, as well as other multinational initiatives, such as the Equal Rights Coalition, which was launched last year with UK Government support. It now incorporates 29 Governments, who co-operate and share information, but it needs the continuing and active support of the UK Government.

I would argue that the UK Government, who have done a great deal in this area, can do much more, and I welcome the Prime Minister’s commitment to a high-level challenge. The all-party parliamentary group produced a report last year and made a number of specific recommendations on what the Government could do. First, they could adopt a cross-departmental strategy to ensure that all parts of the Government are co-ordinated and take the necessary steps, so that they can take a stance and promote the values that we in this country think are important. There are multiple actors—the Department for International Development, the Foreign Office, the Department of Health and the Home Office—and it is important that they are co-ordinated. I welcome the presence here of the Minister for Equalities, my right hon. Friend the Member for Bognor Regis and Littlehampton (Nick Gibb); he is a Minister in a domestic UK Department, but I nevertheless recognise his cross-cutting responsibility for these issues, and that co-ordination is important.

Secondly—this is perhaps one of the most important things of all—there is the funding that can be provided for LGBT activist groups on the ground. These are vulnerable, fragile groups, which are run by very brave activists in countries across sub-Saharan Africa, in Russia and in other countries that we have discussed and will discuss. They need support, and the support they can be given—yes, by private individuals and foundations, but also by the British Government—is immensely important. It is important that those funding streams that can be directed through British high commissions and embassies are maintained.

Thirdly, we should ensure that safe routes are given to people who flee persecution—particularly when they are applying for asylum—in the way that was done in countries such as Canada and other European countries in relation to the LGBT people who were so egregiously persecuted in Chechnya.

[Hannah Bardell (Livingston) (SNP)]

I thank the right hon. Gentleman for bringing this important debate to the House. On the point about funding, does he agree that it is great to see so many corporate organisations supporting the Big Pride celebrations across the UK and globally, but they, too, need to think about how they can direct some of that funding and support to local groups across the UK and the world?

[Nick Herbert]

I thank the hon. Lady. I was coming to that point, but she has made it very effectively for me.

I will draw my remarks to a conclusion because others wish to get in. My central point is that we see terrible abuses of LGBT people globally, but change can be effected, and we should not be despondent about that. In Uganda, partly because of the influence of the World Bank, which was considering granting an important loan to the country, the President was prevailed on not to implement the law the Parliament had passed, which would have oppressed gay people. In Belize, a legal challenge has resulted in protection for LGBT people. In Mozambique, legislation has effected the same thing. We can effect change.

The United Kingdom has a really important role. We are still the fifth largest economy in the world. We have a global reach. We have important historic ties across the world, not least through the Commonwealth. We have one of the largest aid budgets in the world and the massive opportunity to exercise soft power and influence. In Cairo, the crackdown on gay people began when they flew the rainbow flag, and the flying of the rainbow flag over our own Parliament and our own Government buildings sends an important signal about an attachment to freedom and a belief in liberty and equality. We should not underestimate the fact that taking such a stance is not trite and not trivial. It matters. It matters in the eyes of the communities and activists who are looking for our support in other countries. People will be watching this debate, and they want to know that this House supports these communities on a cross-party basis and that the British Government supports them. We are talking about thousands of activists and millions of people. Let freedom ring for them!

--- Later in debate ---

[Hannah Bardell (Livingston) (SNP)]

It is a pleasure to follow the hon. Member for Ochil and South Perthshire (Luke Graham); we always welcome allies in these debates, and we have heard a number of powerful speeches. The right hon. Member for Arundel and South Downs (Nick Herbert) has done an excellent job, as does the all-party group, in bringing forward and raising the voices of those around the world who cannot speak for themselves.

Let us consider the following:

“gay people are born into and belong to every society in the world. They are all ages, all races, all faiths; they are doctors and teachers, farmers and bankers, soldiers and athletes; and whether we know it, or whether we acknowledge it, they are our family, our friends and our neighbours.

Being gay is not a Western invention; it is a human reality.”

Those are the excellent words of Hillary Rodham Clinton —words to which I have returned on many occasions in recent years.

As someone who took until I was 32 to come to terms with my own sexuality, I spent a lot of my early life hiding from myself, my feelings and my emotions, and from the truth of who I am and who I love. But I never, ever had to hide from the state or the police, or out of fear of being persecuted or killed. Sadly, as we have heard, that is the experience of many LGBT people around the globe in places such as Mauritania, Saudi Arabia, Iran and Afghanistan. In those countries, in 2017, being LGBT is punishable by death. It is therefore vital that we shine a light, as we have with many powerful speeches today, on those people who are being persecuted and who cannot speak for themselves.

As we know, the gay men in Chechnya who were unable to hide have been beaten, tortured or killed, and the stories that have emerged have sickened us all. There has been cross-party condemnation of those acts. It is good that international pressure has led to investigations, but questions remain about President Putin’s commitment to stopping these heinous crimes, and as The Guardian reported in May:

“Rights activists worry that Chechen authorities will do everything to obstruct the federal investigation into the allegations.”

The UK Government must continue to put pressure on Russia, and any future trade deals during or after Brexit must not be traded against human rights.

I am very proud that the UK and Scotland have come so far. Scotland is now recognised as one of the most progressive countries in the world on LGBT rights. As the hon. Member for Ribble Valley (Mr Evans) pointed out, the SNP is now the gayest party in this Parliament. I was proud to bring those numbers up and to be the most recent Member to come out. I am also proud that our leader in Scotland, Nicola Sturgeon, was one of the first leaders to take part in a Pride event and to speak at Glasgow Pride earlier this year. It is not a competition, though, although it was interesting to hear that a person now has to be gay to become a Conservative candidate—that is most definitely progress!

Like other Members, I pay tribute to Jordan Daly and Liam Stevenson from the Time for Inclusive Education campaign. They came to Parliament recently, and I was glad to co-host an event with the hon. Member for Rutherglen and Hamilton West (Gerard Killen) that they attended. They told us Jordan’s story, which is so powerful, and they have done so much to put pressure on the Scottish Government and on other Governments around the world. TIE has been recognised by the UN as a leading light—another example of how we are leading the world.

There are so many charities and organisations that we could recognise, but I want to draw particular attention to Stonewall and the Kaleidoscope Trust, which do important work not only here in the UK but around the world. A friend of mine who was openly gay at secondary school—something I was frankly too terrified to be—told me recently that had it not been for the support she had from Stonewall, she may not have survived. Stonewall was quite simply a lifeline that saved her life.

[Joanna Cherry]

Does my hon. Friend agree that part of the reason why we have such a difficulty with bullying over LGBTI issues in schools throughout the United Kingdom is the legacy of the section 28 legislation, which made it very difficult for teachers to deal with these issues? Will she add to the list of those to whom she pays tribute the Labour Government in Scotland who, with SNP support, repealed that legislation in 2000, and the politicians and activists who fought for so many years against that pernicious legislation? I remember going on a march against it in Manchester in 1987. Will my hon. Friend pay tribute not to me, but to the people who fought that legislation?

[Hannah Bardell]

Yes. I absolutely agree with my hon. and learned Friend. There is a great sense of consensus in the Chamber today. It is important that we pay tribute to those who came before us, including those in that Labour Government in Scotland, as well as to what the Conservative UK Government are doing now. The Minister for Women and Equalities is doing a lot of work on education and LGBT matters. It is so important that we all speak up and that we work together. We may disagree on many, many issues, but there will be areas of agreement.

There are some chinks of light internationally in the battle for LGBT rights. Countries such as Australia are finally catching up and having a public survey or plebiscite on equal marriage. I should declare an interest as the partner of an Australian citizen. It saddens me that she does not have the same rights at home in Australia as she has here in Scotland and the UK.

I also pay tribute to the Minister for Europe and the Americas, the right hon. Member for Rutland and Melton (Sir Alan Duncan), who is not in his place now but was earlier, and who took part, along with other Members, in a programme I made with the BBC’s “Victoria Derbyshire” programme about politicians and their experiences of coming out. I might not always agree with him, but I respect the position he took recently on LGBT rights when he addressed the Chicago Council on Global Affairs. He said that,

“the UK is committed to promoting and protecting the rights of women and girls and of LGBT people everywhere, and to building a wider international consensus around efforts to advance equality and justice. That includes here in the US, because this is another area on which the UK government and the US Administration do not see entirely eye to eye. We have made clear that we oppose all discrimination, including within the Armed Forces.”

The hon. Member for Ochil and South Perthshire referred to President Trump’s abhorrent stance on transgender people in the army. The restoration of the military ban on transgender people is just another regressive and divisive step that he has made, and it is good to see the UK Government standing up to it. Perhaps President Trump could take inspiration from former President Jimmy Carter, who famously said:

“America did not invent human rights. In a very real sense human rights invented America”.

The hon. Member for Reigate (Crispin Blunt) asked an important question about PrEP. I am sure he will join me in congratulating the SNP Government in Scotland on having made PrEP free on the NHS in Scotland. We would be happy to share our experience and hope that his Government will come forward with similar plans as soon as possible. He previously asked a question about which British embassies flew the rainbow flag on Pride day and International Day against Homophobia, Transphobia and Biphobia, and got the following response:

“The promotion and protection of LGBT rights is a UK foreign policy priority”

but

“no…records are kept”.

I am sure he will agree that if we are to promote LGBT rights, we should be tracking the progress of our embassies and missions around the world. I am sure it is a policy priority for them all.

Progress has been made, however, and there are other chinks of light, including in Taiwan and Malta. The latter has become the first European country to ban conversion therapy—something we will all find utterly abhorrent.

In conclusion, someone at Pride in London spoke powerfully before the march about how across the UK we must continue to have lists and celebrate our LGBT leaders and to march for those who cannot march. Most importantly, we must set the best possible example to the rest of the world and make sure that no one is persecuted just for loving the person they love.

--- Later in debate ---

[Nick Gibb]

We will consult on the content of relationships and sex education shortly, but we want to ensure that it is LGBT-inclusive.

We announced in July that the Government also want to consult on reforming the Gender Recognition Act to ensure that we are providing the best possible support for transgender people. We know that many trans people now find the focus on medical checks in the gender recognition process very intrusive and stigmatising. In July, the Government launched a national LGBT survey, to help us to understand the experiences of all LGBT people in the UK. The survey closed earlier this month and the response we received was unprecedented, with well over 100,000 responses. That makes it one of the largest surveys of its kind in the world. The survey will be hugely important in policy development on LGBT issues.

One area of focus for the all-party group was LGBT asylum seekers, an issue also raised by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). We are focusing on building an inclusive society. An important element of that is ensuring that Britain is a safe haven for those who may be experiencing persecution and abuse because they are LGBT. We must ensure that LGBT people seeking to escape extreme discrimination are safe in this country while their claims are processed. In September last year, the Government introduced the “adult at risk” concept into decision making on immigration. This concept acts on the assumption that vulnerable people who may be at risk of particular harm in detention should not be detained. That builds on the existing legal framework already in place. We have worked closely with organisations such as Stonewall, the UK Lesbian & Gay Immigration Group and the UN High Commission for Refugees to develop guidance and training for staff in detention centres. We continue to liaise with these groups to consider what further improvements can be made.

As a world leader on LGBT equality, this country has a moral duty to work to improve the lives of LGBT people living in other countries. Sadly, homosexuality is still illegal in 72 countries and punishable by death in eight. The Government remain committed to working with like-minded countries and with the Equal Rights Coalition, of which the UK is a founding member, to stand up for LGBT rights internationally. At the very highest levels of government, we are challenging those who inflict or allow discrimination against LGBT people. We urge those countries that continue to criminalise same-sex relations to take steps towards decriminalisation, and we urge all countries to ensure that they have legislation that protects LGBT people from all forms of discrimination.

My right hon. Friend the Member for Arundel and South Downs raised the issue of funding of local LGBT groups internationally. We have committed over £1.6 million from the Magna Carta Fund for Human Rights and Democracy to projects working to promote and protect LGBT rights. That includes about £350,000 for the UN Free & Equal campaign. Last year, the UK supported the establishment of the UN’s first ever independent expert on sexual orientation and gender identity, and we vigorously defended his mandate when it was challenged by other states. We truly regret the resignation of the independent expert due to ill health and commend Professor Muntarbhorn for his work. It is vital that a successor be found quickly to continue this important work. We will continue to support that mandate.

My hon. Friends the Members for Ribble Valley (Mr Evans) and for Eastleigh (Mims Davies) raised the issue of rainbow flags. We are proud to fly the rainbow flag on our buildings both at home and abroad for key events in the LGBT calendar, such as Pride. We work closely with our heads of mission around the world to ensure that flags are flown. We will continue to do so. I hope the flag will be flown in as many countries as possible.

[Hannah Bardell]

Will the Minister give way?