FCO: Human Rights Work

Jeremy Corbyn Excerpts

Thursday 14th March 2013 Westminster Hall

[Sir John Stanley]

I agree with my friend that that is an opportunity, but to be wholly frank and honest, I have grave doubts about whether it will be seized, because I fear that since the assassination of Prime Minister Rabin, there simply has not been a majority in the Knesset that is really willing to embrace the concept of creating a separate, independent, viable Palestinian state.

In recent years, we have seen the Israeli Government ending the movement of Palestinians between Gaza and Israel, turning Gaza into one of the biggest prisons, de facto, in the world. We have seen the relentless and continuing removal of Palestinian families from East Jerusalem, with the clear political objective of preventing East Jerusalem from ever becoming the capital of a Palestinian state. We see the continuation of the intolerable violation of Palestinian human rights on the west bank. To expose that, we need go no further than the Israeli NGO—I stress that it is an Israeli NGO—B’Tselem in its last annual report. It said:

“In the West Bank, two and a half million Palestinians live under Israeli military occupation while settlers live in enclaves of Israeli law within the same territory. Individual acts of violence by extremist settlers periodically capture the headlines, and discriminatory and inadequate law enforcement is indeed a concern. However, the major human rights violations result from the settlements themselves: their extensive exploitation of land and water, the massive military presence to protect them, the road network paved to serve them and the invasive route of the Separation Barrier, which was largely dictated by the settlements.”

Having made many visits to the British consulate-general in Jerusalem, I am well aware of the sterling and excellent work that is done by the Foreign Office from the consulate- general in trying to support and uphold Palestinian human rights in the occupied territories. However, in my view, a step change will be needed in the Israeli Government’s policy towards the Palestinians and towards the occupied territories if we are to see a genuine improvement in human rights. Does the Minister see any such prospect? From where I sit, and having seen the human rights deterioration taking place over so many years, I fear that we are moving to a position in which Gaza continues for the foreseeable future as one gigantic prison, East Jerusalem becomes an area where house after house belonging to a Palestinian family is taken over by the Israelis and, sadly, the west bank loses the possibility of becoming the core of an independent Palestinian state and becomes what I can only describe as a middle-eastern version of a Bantustan. Perhaps I am being too gloomy. I hope that I am, but I fear that I am not, given the progress of events.

I now come to a different part of the world and a different human right. I want to raise the case of Colonel Kumar Lama, a Nepalese citizen who came temporarily to the UK and who has now been arrested in the UK on the grounds of allegations of torture, committed not in Britain but in Nepal and committed not against British nationals but against Nepalese nationals. I wish to inform the House that although I have no registered interest to declare, I am the chairman of the all-party Britain-Nepal group.

I am raising this issue not because I want to take any position or make any comment on Colonel Lama’s specific case, but because it calls into question some very important human rights policy issues for the Government. In his letter to me this week, my right hon. Friend the Foreign Secretary has said that the arrest of Colonel Lama has been carried out to fulfil the UK’s obligations under the UN convention against torture. I cannot believe that Colonel Lama’s case is an isolated one. I cannot believe that Colonel Lama is the only foreign national in the UK against whom allegations have been made of torture committed against non-British nationals in foreign countries. Surely there must be scores and possibly even hundreds of others in the same category, so the key policy issue that I have to put to the Minister is this. Will he now confirm that, in the light of the Colonel Lama case, the British prosecuting authorities and the police will now arrest, in fulfilment of the UK Government’s obligations under the UN convention against torture, all other foreign nationals in Britain against whom there are allegations of torture committed against non-British nationals in foreign countries? That is the central policy question the Colonel Lama case raises. I look forward to the Minister’s reply.

The key human right of freedom of expression embraces, in my view, freedom of speech, a free media and freedom to demonstrate peacefully. Freedom of expression is becoming ever more important in this electronic age, which gives Governments who are so minded greater and greater ability to suppress human rights and human rights activists. It enables Governments to combine unprecedented access to information acquired electronically with an unprecedented ability to carry out surveillance electronically.

I shall turn from freedom of expression generally to developments in that key human right in the Commonwealth. I am glad to say that we seem to have achieved a breakthrough on freedom of expression as far as Commonwealth countries are concerned. The first declaration of Commonwealth principles, made in Singapore in 1971 and followed by a repeated declaration of the principles 20 years later in the 1991 Harare declaration, was a major step forward in human rights for the Commonwealth, but in neither the Singapore declaration nor the Harare declaration were Commonwealth countries able to agree on including freedom of expression as a key Commonwealth principle and human right.

[Jeremy Corbyn (Islington North) (Lab)]

Like the right hon. Gentleman, I welcome the Commonwealth declaration, which is a good step forward, but there must be concerns about the treatment of lesbian and gay people, in Uganda and Malawi for example. Although the Governments appear to be able to sign the declaration, it remains to be seen whether that signature will translate into any change in attitude, policy or law in either country.

[Sir John Stanley]

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

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

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

--- Later in debate ---

[Jeremy Corbyn (Islington North) (Lab)]

Thank you, Mr Havard. I am pleased to take part in the debate.

I shall take as my starting point the end of the speech by the right hon. Member for Tonbridge and Malling (Sir John Stanley) on how the late Robin Cook, as Foreign Secretary, introduced the concept of an annual human rights report from the Foreign and Commonwealth Office. In return, the Foreign Affairs Committee must monitor it and put forward proposals, and then we get a debate in Westminster Hall, which seems to be a poor return for the amount of work put in by both the FCO and the Committee, particularly as the debate is limited to an hour and a half. I reiterate what I said last year, and I have said every year about the debates: the debate should be for at least three hours, in the main Chamber on a Thursday afternoon or another appropriate time—possibly in Government time. If we are to be taken seriously as a country concerned with human rights and with the influence that we can bring to bear on human rights around the world, we have to take ourselves seriously. Although I respect all hon. Members taking part in the debate, it needs to be given greater prominence. I am sure the Chair of the Select Committee, the hon. Member for Croydon South (Richard Ottaway), would agree, because it would mean that he could speak in the main Chamber, rather than here.

[Richard Ottaway]

I am inscrutable.

[Jeremy Corbyn]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Mr Dai Havard (in the Chair)]

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

--- Later in debate ---

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

Mr Havard, I welcome the opportunity to set out in this debate the Foreign and Commonwealth Office’s work on human rights. I begin by thanking the Foreign Affairs Committee for its positive and constructive engagement with us on our human rights work. I am delighted to speak for the Government today on behalf of Baroness Warsi, the Minister with responsibility for human rights.

Given the slight shortage of time, I am rather inclined to support the idea that we should debate these matters for longer and I will simply be unable to respond to all hon. Members who have spoken. I have made a note of hon. Members’ questions—they are extremely good questions—and I will try to answer them, but if I do not I will commit to writing my replies.

At the outset of the debate, there was some discussion and some concern about the UK’s overseas interests and our human rights agenda, as if they were in some way contradictory. I do not really share some of the cynicism that was expressed, because the promotion and protection of human rights is at the heart of our foreign policy. Britain stands for democratic freedoms, universal human rights and the rule of law. We believe that individual demands for a better life can only be truly satisfied in open and democratic societies, and that it is peaceful, open economies that allow trade and investment to flourish.

I turn first to the 2011 report that we are debating, and our work in that year, and then I will move on to human rights developments during the course of 2012.

In response to the Committee’s feedback on the 2010 report, we made a number of changes to the 2011 report. We featured an in-depth look at the Arab spring and a chapter on our human rights priorities, and we reintroduced case studies to highlight issues of concern in countries whose overall record did not merit their inclusion in the countries of concern list.

In terms of achievements in 2011, the UK made a significant contribution to the promotion and protection of human rights worldwide. I shall limit myself to mentioning just three countries in particular. On Libya, we were instrumental in negotiating UN Security Council resolutions that paved the way for NATO action to protect civilians threatened by Gaddafi’s forces. Across the middle east and north Africa, the £110 million Arab partnership fund helped us to build more open and free societies on key issues such as empowering women, and promoting democracy and the rule of law. In Burma, my right hon. Friend the Foreign Secretary witnessed at first hand the positive changes that have taken place in the country when he became the first British Foreign Secretary to visit Burma since 1955. I subsequently visited Burma in December last year, and was able to visit Rakhine state, which is a subject of great interest to the House.

[Jeremy Corbyn]

Will the Minister give way?

[Mr Swire]

I will take just one intervention; I ask other Members to let me make some progress.

[Jeremy Corbyn]

I will make a very brief intervention. We obviously welcome all the democratic changes in Burma, but in his discussions in Burma did the Minister express any concern about the treatment of Muslim minorities and other minorities in the country at the present time?

[Mr Swire]

Yes, I can confirm that I have been doing a lot of work on that issue. I was the first Minister from Europe to go to Rakhine; I went to Sittwe and five different camps, and ever since then I have been raising the issue of the Rohingya people.

My hon. Friend the Member for Croydon South (Richard Ottaway), the Chairman of the Foreign Affairs Committee, asked a number of questions about Burma, including about the sanctions against Burma. The EU Foreign Affairs Council will review the sanctions against Burma in April. We have always said that the outcome of that review will depend on the progress that the Burmese Government have made against the benchmarks set out in the council’s conclusions of 12 January, including the need for meaningful progress on reconciliation with armed ethnic groups.

My hon. Friend also asked about political prisoners in Burma, which is another issue I have raised repeatedly with the Burmese. Independent experts estimate that there remain about 240 political prisoners in Burma, and we welcomed the announcement by the Burmese Government that the International Committee of the Red Cross has access to all jails and prisoners. We also welcomed President Thein Sein’s announcement on 7 February that the prisoner review mechanism will contain civil society leaders and Members of Parliament. We really want to see that happen.

On the issue of Rakhine, which was mentioned earlier, I have just told the hon. Member for Islington North (Jeremy Corbyn) about my work there.

My right hon. Friend the Member for Tonbridge and Malling (Sir John Stanley) raised the issue of Russia and the whole question of Mr Magnitsky. Yesterday both my Foreign Secretary and the Minister for Europe met the Russians and raised these issues with them repeatedly. As is well known—my right hon. Friend will know it if he has read the papers today—the Foreign Secretary met Russia’s Foreign Secretary Lavrov yesterday, and we will continue to raise these issues and bring those responsible for Sergei Magnitsky’s death to account. We also raised concern over the new measures restricting freedom of expression and putting pressure on civil society. It is worth saying that we fund a number of projects to support Russian civil society, and we continue to meet and provide support to those who are subject to harassment. I give an assurance that we will continue to do all we can to protect British nationals and our staff in Russia, as my right hon. Friend asked us to do.