Sanctions

John Howell Excerpts

Wednesday 19th July 2023 Commons Chamber

[John Howell (Henley) (Con)]

I want to comment briefly on the Minister’s remarks about international partners and our relationship with them. The Council of Europe recently held a summit in Reykjavik, which the UK attended, and we also signed the resulting declaration. The Council of Europe has always seen sanctions as a rule of law issue, because Russia has acted illegally in invading Ukraine. The Council of Europe has had a tremendously robust response, not least from me: I was the first member to call for Russia to be expelled from the Council.

The Reykjavik summit asked member states to support it on the rule of law issue, by bringing legislation to make sure that the changes happened. I am glad to see that we have done that, and we are making a very good change. I hope that the Minister will include the Council of Europe among the international partners with which she will maintain contact, because it has a vast amount of expertise. It is not just me, there are many distinguished members who have enormous expertise in dealing with Russia and these issues. I hope that she will both use that and feed into it, because there is a lot we can do—subject to what we have just heard—to set a model that other countries can use.

[Sir Chris Bryant (Rhondda) (Lab)]

It is a joy to follow the hon. Member for Henley (John Howell). Since we have been in valedictory mood today, with the Secretary of State for Defence earlier, it is a sadness that the hon. Gentleman will not be with us in the next Parliament. Obviously, I want Labour to take every seat in the land, so I would not want to go too far in that. None the less, the hon. Gentleman has been admirable in his work in the Council of Europe in this regard and on human rights generally across the continent. Our membership of the Council of Europe is an important part of the structure of human rights across Europe. It is one of the reasons I support our remaining in the European convention on human rights and adhering to the European Court of Human Rights, which I understand to be a necessary aspect of our membership.

[John Howell]

I reassure the hon. Gentleman that I hope to stay in the role for another year.

Oral Answers to Questions

John Howell Excerpts

Tuesday 18th July 2023 Commons Chamber

[David Rutley]

My right hon. Friend makes an incredibly important point. The actions of Iran are abhorrent and causing all sorts of challenges in regional instability, and they need to be called out.

[John Howell (Henley) (Con)]

Recently published documents reveal an ambitious peace project to establish a continuous land bridge directly connecting Israel to Jordan and other Arab states. What steps is the Foreign Office taking to support our middle east allies on this welcome peace project?

[David Rutley]

We welcome all steps to help move forward with the middle east peace process and follow those particular points with interest.

Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2023

John Howell Excerpts

Monday 10th July 2023 General Committees

[The Minister of State, Foreign, Commonwealth and Development Office (Anne-Marie Trevelyan)]

I beg to move,

That the Committee has considered the Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2023 (S.I. 2023, No. 665).

The regulations amend the Russia (Sanctions) (EU Exit) Regulations 2019. This statutory instrument was laid on 19 June 2023 under powers provided by the Sanctions and Anti-Money Laundering Act 2018. The instrument was considered and not reported by both the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee. It was approved by the House of Lords on 5 July.

The regulations contain measures that increase the pressure on Mr Putin as we continue to support Ukraine and its people in their resistance to his illegal war. The first part of this legislation is an amendment to enable us to keep sanctions in place until Russia pays for damage it has caused to Ukraine. In March this year, the World Bank estimated that the reconstruction of Ukraine will cost more than $400 billion, a figure that rises daily. On 21 and 22 June, the UK co-hosted the Ukraine recovery conference here in London, galvanising international support. By the end of the conference, international commitments towards Ukraine’s recovery and reconstruction topped more than $60 billion.

The Prime Minister’s message at the conference was clear: Russia must pay for the destruction that it has wreaked. That is why we are keeping up economic pressure on Russia with an unprecedented package of sanctions targeting more than 1,600 individuals and entities since the start of the invasion. That includes dozens of banks with clearable assets worth £1 trillion and more than 130 oligarchs, freezing £18 billion in assets and costing Russia £20 billion in trade.

We have maximised the impact of those measures by co-ordinating with key international partners. Together, we constrain the funding for Mr Putin’s war machine, inflict huge economic cost and demonstrate our support for Ukraine. Russia’s economy faces a deficit of nearly $50 billion in 2022, the second highest of the post-Soviet era. With our partners, we are choking off Putin’s access to key technologies that he needs on the battlefield.

We have not stopped there. This legislation marks further progress in our battle against Putin’s unwanted aggression. Building on the commitment by G7 leaders in May that sovereign assets will remain immobilised until Russia pays up, this statutory instrument enables us to keep sanctions in place until Russia does that. I am proud that the United Kingdom is the first member of the sanctions coalition to make that commitment real. We will continue to demonstrate international leadership as we look to increase the pressure on Putin and those who support him.

As internal criticism of Mr Putin’s war grows, we will introduce a new route for those under sanctions to request that their frozen funds are used for Ukrainian reconstruction. Let me be clear: there is no negotiation, no quid pro quo, no relief from sanctions and no access for those individuals to their assets while they remain under sanction. However, if they wish to do the right thing and use their frozen funds to help right the wrongs caused by Putin’s invasion, there will be an approved route for them so to do.

We will also tighten the net on those hiding assets in the UK. We will require individuals and entities in the UK, or UK persons overseas designated under the Russia regime, to disclose assets they hold in this country. A failure to do so could result in financial penalties or the confiscation of assets. We will legislate to require those holding assets in the UK on behalf of the Central Bank of Russia, the Russian Ministry of Finance or the Russian national wealth fund to disclose them to the Treasury. Our action will increase transparency on where such assets are held and limit opportunities for sanctions evasion.

Several Committee members participated in the debate in the House of Commons on 27 June and will be aware of the active debate with our international partners on the use of sanctioned assets to support Ukraine’s recovery. No country has yet found a solution that we are confident is legally sustainable, but we are working closely with our allies on the handling of seized Russian assets and will continue to do so.

[John Howell (Henley) (Con)]

I do not want to detain the Committee; I will just say that I welcome the regulations. It was agreed at the Reykjavik summit that countries should put in place, through their own legislation, this sort of move to have a go at the Russians. Does the Minister see this as a good model that we can export to other countries to follow?

[Anne-Marie Trevelyan]

I thank my hon. Friend for his support and for that important question. As we are the first to introduce such legislation, we hope that it will act as a basis from which others might wish to build their programmes. Our partners are also working on solutions, and we are working very much hand in hand. If progress is made by international partners, we will learn from that, too. Importantly, nothing is off the table. We have a cross-Government taskforce carefully considering all proposals, including those that our partners might bring forward.

The second part of the legislation amends the definition of non-Government controlled Ukrainian territory, including Crimea and the non-Government controlled areas of the Donetsk and Luhansk oblasts, to incorporate all the non-Government controlled areas of the Kherson and Zaporizhzhia oblasts. The change reflects the dynamic situation that we see on the ground. The way the regulations are drafted will allow our sanctions to keep pace with the changing circumstances of the conflict and the shifting territorial control in the oblasts.

Measures applying to non-Government controlled Ukrainian territory in areas of finance, trade and shipping will therefore now apply to all the areas not currently under the control of the Ukrainian Government.

Council of Europe

John Howell Excerpts

Thursday 8th June 2023 Commons Chamber

[John Howell (Henley) (Con)]

I beg to move,

That this House has considered the work of the Council of Europe.

It is a pleasure to see you in the Chair, Madam Deputy Speaker, since you are yourself a former member of the UK delegation to the Council of Europe.

When I look back at my time as leader of the UK delegation to the Council of Europe, my hope is that the future will judge us on the basis of more than that the approach we have adopted was just a pleasant idea, and then we can all slip back into anonymity.

At the Reykjavík summit of the Council of Europe, the final declaration said:

“We will work together to protect and promote the three fundamental, interdependent, and inalienable principles of democracy, rule of law and human rights, as enshrined in the Statute of the Council of Europe and in the European Convention on Human Rights.”

It spoke of how fundamental the values and aims of the Council of Europe are to us as a country, and how they influence every level of government. The UK willingly signed up to that declaration. It is partly to make that very point that after every plenary session of the Council in Strasbourg I submit a list of written questions on each of the debates we have had, to make sure that they are discussed and known to Government Departments, and that those Departments have the chance to respond. As the Prime Minister said in his speech at the Reykjavik summit,

“the UK may have left the EU, but we have not left Europe. We remain a proud European nation and we must work together to defend the values we all hold so dear. The Council of Europe, with its huge reach, has such a vital role to play.”

[Wendy Chamberlain (North East Fife) (LD)]

I am hugely encouraged to hear the hon. Gentleman’s rhetoric and about the work he has done. The only country to have left the Council of Europe is Russia. There is talk on the Government Benches about leaving the Council of Europe and indeed the European convention on human rights. Does he agree that Russia is not company that the UK should look to keep?

[John Howell]

I agree with the hon. Lady, and if she waits a little, she will hear some other excellent news from that summit.

Talking of the spirit of freedom in Europe, the PM went on to say:

“The Council of Europe has nurtured that spirit for three quarters of a century.”

We are proud to offer it our support, and we are proud that the UK has signed that declaration. I thank all who have served and all who do serve as members of the UK delegation to the Council of Europe. As one Cabinet member put it, we do a lot of the work without fanfare and with no praise, to the extent that in this country few have heard of the Council of Europe, and those who have mostly think it is part of the EU. How sad that for much of the UK, Europe has come to mean nothing more than the EU, and not the wider Europe of 46 countries.

[Sally-Ann Hart (Hastings and Rye) (Con)]

Does my hon. Friend agree that although we have left the confines of the EU, we did not leave Europe? We remain a European country, and the Council of Europe gives the United Kingdom the opportunity to maintain our relationship with not only EU member states, but the whole of Europe, and to lead discussions and decision making on common issues regarding democracy, human rights and the rule of law.

[John Howell]

I thoroughly agree with that, and as my hon. Friend knows I support that in everything I do in the Council of Europe. I try to interest the Lobby journalists here in the Council of Europe, but I probably fail for the very reason that they see “Europe” in the title. I make a plea to any listening now: the Council of Europe is not part of the EU. It looks after human rights, the rule of law and democracy across the wider Europe, and it should be paid attention to.

[Hannah Bardell (Livingston) (SNP)]

Will the hon. Gentleman give way?

[John Howell]

I will, but this will have to be the last time.

[Hannah Bardell]

I am grateful for the hon. Gentleman giving me his last intervention. Does he agree that the process of Brexit, the run-up to that and the narrow-minded and negative narrative that has pervaded the UK press have had a profound impact on our societies in how we talk about and view Europe? I agree with much of what he is saying, but I am sure he will recognise that some of that has come from those on his Benches. We need to work together to promote the work of the Council of Europe and to make sure that everyone, from the schoolchildren in our constituencies to civic leaders across the UK, understands the power and importance of its work.

[John Howell]

I agree with that, and I will come on to say a little more on that in a moment.

Many of the current delegation have not been members for long, but while we are there, we will play our full part in working with the Council of Europe to take forward its aims and values and to make sure they are part of the system we all work in. We need to be wary in particular of the activities of the far right, is out to infiltrate our political groups.

The Council of Europe has just completed a summit, only the fourth it has held in its history. Some members of my political party were sceptical about it; I was not. For an organisation that does not put its head above the parapet often enough, it was a great success and it has shown what the Council of Europe is about. It was attended by our Prime Minister, and the declaration was signed by the UK. The declaration commits the UK to upholding the activities of the European Court of Human Rights and the European convention on human rights. It states:

“We reaffirm our deep and abiding commitment to the European Convention on Human Rights and the European Court of Human Rights (ECHR) as the ultimate guarantors of human rights across our continent, alongside our domestic democratic and judicial systems. We reaffirm our primary obligation under the Convention to secure to everyone within our jurisdiction the rights and freedoms defined in the Convention in accordance with the principle of subsidiarity, as well as our unconditional obligation to abide by the final judgments of the European Court of Human Rights in any case to which we are Parties.”

It goes on to state:

“Our European democracies are not established once and for all. We need to strive to uphold them each and every day, continuously, in all parts of our continent. The Council of Europe remains the guiding light that assists us in fostering greater unity among us for the purpose of safeguarding and realising these ideals and principles which are our common heritage. We reaffirm our commitment to developing mutual understanding among the peoples of Europe and reciprocal appreciation of our cultural diversity and heritage.”

As Lord Kirkhope said in the other place, let us ensure that international agreements such as this are honoured.

When the UK last held the presidency of the Council of Europe back in David Cameron’s time as Prime Minister, we initiated what has come to be called the Brighton declaration, which was a reform of the system of how the Court operated. The Brighton declaration wrote the principal of subsidiarity and the importance of domestic courts into the convention. If only people had read that before the recent fuss, it would have made life easier and simpler.

Of the things that the Council of Europe does that I most value, the two most prominent are election observation and monitoring. The Organisation for Security and Co-operation in Europe does election observation, but that does not make what the Council of Europe does any less important. I pay tribute to colleagues who put themselves into difficult situations to ensure that elections are free and fair. It is a two-stage approach. The first question is, “Is the environment in which the election takes place free and fair?” In the case of Turkey, I would argue that it was not. The fact that many of the President’s rivals had been arrested suggests that. The second element is, “Is the process used for people to vote free and fair?” In one case, in Bosnia and Herzegovina, we found that those elected to open the polling booth turned up with a hold-all full of pre-filled polling cards in favour of the pro-Iranian candidate. They were promptly arrested.

I praise the role of rapporteurs, whose presence in pre-election missions is critical. A good rapporteur who knows the territory well and can get into the detail is a necessary requisite for that. That is not always the case with all rapporteurs. Many have a thin and superficial knowledge of the country they are reporting on.

One of the most potentially useful things I have done as a rapporteur for Turkey is to visit the human rights prisoner, Osman Kavala. He was—I should say is—a prominent businessman and philanthropist. He also has a link to this country, where he was on the faculty of the University of Manchester. When I visited him in a Turkish high-security prison, where he has been imprisoned for more than five years in pre-trial detention, I saw a man who showed no resentment for how he had been treated. I hope that now the elections are over, President Erdoğan will pardon Kavala and release him. He is of course not the only human rights prisoner in Turkey, but he is the epitome of all the others.

[Bob Stewart (Beckenham) (Con)]

I thank my very good friend for allowing me to intervene. In the case of Turkey, a country that he and I care about, what influence and power do we have when he sees something that is palpably wrong, apart from publicising it? Do we have any more power in the Council of Europe than that?

[John Howell]

We have a tremendous amount more power, and that power lies in the personality of the rapporteur and what they want to do. They can do that by talking diplomatically to people there, rather than banging the table and demanding that something be done.



There was an idea at the summit to appoint a new commissioner for democracy. I confess that I was interested in the position for myself, but unfortunately the idea was placed on the back burner and not taken forward, which I think is a shame. Right across Europe, we see a backsliding on democracy that is very worrying. The appointment of a commissioner for democracy would have helped to prevent that.

What impact does the Council have on our domestic legislative agenda? Let me give two short examples—the Istanbul convention and the Lanzarote convention. The Istanbul convention sets out the protections that are required for women in cases of violence and domestic abuse. It is a landmark convention, and I am pleased that, after lobbying by me, we have signed it—in part, but being able to sign it in part is important. This so distinguishes the way the Council of Europe works from the way that the EU works. It is characteristic of the convention system used by the Council that conventions are put together right across the nations of Europe, and it is the choice of every country to determine which bits should apply in their own country.

The Lanzarote convention is a comprehensive treaty that does a great deal to put in place the international co-operation required to protect children’s rights. I would add a third example, which is the Venice Commission’s work to establish the principles under which ombudsmen work and are appointed. The all-party parliamentary group on alternative dispute resolution looked at that yesterday, with a representative from the United Nations also saying that it has adopted the Venice Commission’s principles.

What good does the Council of Europe do? Critics say that it is nothing but a talking shop. Well, perhaps, but I would strongly argue that it does much more than that through the work of the Assembly, the Committee of Ministers, the Court, the anti-corruption activities of the Group of States against Corruption, the anti-human trafficking work undertaken by the group of experts on action against trafficking in human beings, and the work of the Venice Commission in strengthening democratic institutions. All of these deliver tangible results across member states.

[Jeremy Corbyn (Islington North) (Ind)]

I thank the hon. Member for his leadership of the delegation, and for the huge amount of work he puts into the Council of Europe. He leads a commission that has ended up with the Council agreeing to the principal of ecocide being recorded in international and national law. Would he care to reflect on how we can encourage national Parliaments to take more seriously agreed declarations that come from that source, which will help us all to have a stronger environmental protection law?

[John Howell]

I agree with the right hon. Member. I am trying very hard to persuade this Government to accept that there is such a thing as ecocide, and that it should be included in descriptions of how the world operates. I am having difficulty with that, but I shall continue to try. I think it is a very good point.

I am a convinced multilateralist, and although multilateralism is under attack everywhere at the moment, I simply do not believe that any country can make a go of everything by itself. That means having somewhere where ideas can be talked about and discussion can take place, and that is what the Council of Europe does.

What has this delegation achieved? It is down to this delegation that we expelled Russia from among the Council’s members—the first international organisation to do so. It is down to this delegation that we lobbied the Turkish delegation to persuade President Erdoğan to admit Sweden and Finland to NATO, a move that I must admit has worked better in the case of Finland than that of Sweden. It is down to this delegation that the UK Government and the Opposition are supporting the membership of Kosovo. These may all be examples of soft diplomatic power, but there is nothing wrong with that.

I would like to take this opportunity to thank all members of the delegation for the work they do. I would also like to thank Sandy Moss, our excellent permanent representative in Strasbourg, whose work on the summit was masterly. I would like to thank our equally masterful secretary, Nick Wright, and his team, without whom we would be in deep trouble and with whom I very much enjoy working.

If there is one message from this it is: let us all follow the vision set out for the Council at the summit, and let us make that summit a reality.

--- Later in debate ---

[John Howell]

I began this debate by thanking Madam Deputy Speaker because she is a former member of the Council of Europe, and so are you, Mr Deputy Speaker. It is a great pleasure to have two former members chair this debate.

I thank everyone for the enormous kindness of their words and for their contributions to the debate. There can be no clearer estimate of the appreciation across the House for the Council of Europe than this debate. I am incredibly grateful for all contributions.

[Mr Deputy Speaker]

Thank you, John, for everything that you do on the Council of Europe. It was a great honour to be twice a member of the Council. The current Turkish Foreign Secretary—if he still is that—made me a life member of the Council of Europe, which is a great honour. Thank you very much.

Question put and agreed to.

Resolved,

That this House has considered the work of the Council of Europe.

Iran

John Howell Excerpts

Wednesday 7th June 2023 Westminster Hall

[Brendan Clarke-Smith]

My hon. Friend is right. We must do everything we can, in Iran or elsewhere, to protect religious minorities and everyday citizens against appalling abuses. She gives a fine example of the kind of thing we are dealing with. She certainly has my full support and I thank her for her personal efforts; I know this is an issue that she is passionate about and works very hard on.

[John Howell (Henley) (Con)]

The human rights abuses extend to women and girls and also the LGBT community. Since 1979, between 4,000 and 6,000 members of the LGBT community have been executed. Does my hon. Friend see that as a cause for concern?

[Brendan Clarke-Smith]

My hon. Friend is completely right. That is something that people in this and many other countries would be horrified by. The community has suffered for many years and Iran in particular has a disgraceful record this this respect. Not just in Iran but around the world the UK has an important role to play in promoting LGBT rights and ensuring that everybody enjoys the same rights that we enjoy in this country. There is still a long way to go, even in this country, in what we can do to support people, but in Iran there is a huge problem. I thank him for his point; he is spot on.

--- Later in debate ---

[John Howell (Henley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Betts. As leader of the UK delegation to the Council of Europe, I have a great deal of respect for the European Court of Human Rights and for the liberties—our liberties—that it defends, but those liberties continue to be fundamentally challenged in the dark authoritarian corners of our shared international community, and no more so than in Iran.

Iran’s human rights abuses are well documented, and we have discussed some of them. They make for disturbing reading. Never in the Islamic Republic’s 44-year brutal reign has it faced such widespread and far-reaching calls for freedom. The country has been rocked by the largest and most diverse protests yet. By December, an estimated 516 Iranian civilians had been killed by the regime as a result of egregious and brutal crackdowns on freedom of expression, contributing to the almost 600 executions that had been reported over 2022—the highest figure since 2015. Many were peaceful protesters killed with live ammunition and buried in unmarked graves without their families receiving notification. One particularly heinous tactic that the regime is using is chemical attacks, which it unleashed against a reported 91 girls’ schools from November 2022 to March 2023, leaving hundreds hospitalised. I ask the Minister what assessment has been made of those sickening attacks.

Iran’s state-endorsed summary executions and the ever-tightening screw on the rights of women and girls point to crimes against humanity. Tehran even recognises that its treatment of women and girls diverges significantly from the freedoms that women enjoy in the west, which Iran’s Supreme Leader declared in 2017 to be a

“Zionist plot to destroy human community”.

That would be laughable if it were not so horrific for the girls living there. What more can the Minister’s Department do to support the rights of Iranian women and children suffering under the tyranny of Tehran?

Iran’s suppression of the press is no less ruthless, leading to its being ranked 177th out of 179 nations in the 2023 world press freedom index. For their coverage of Amini’s brutal murder, two journalists, Elaheh Mohammadi and Niloofar Hamedi, have been accused of colluding with hostile powers, a charge that carries the death penalty under Iran’s Islamic law. In October, the IRGC accused the two of working for the CIA. Mohammadi’s lawyers have reportedly been denied the chance to defend her. We must call for their trials to be held in public, not behind closed doors where the regime has so often delivered corrupt verdicts with impunity.

Documents obtained from its official business registry show that in order to control its desperate population, Tehran has turned to Chinese face recognition surveillance technology. What steps can be taken to ensure that China does not export that technology to Iran? Will the Minister commit to providing ordinary Iranians with the software to gain internet access and protect journalistic autonomy? We must ensure that they do, whether overtly or covertly.

The treatment of Iran’s LGBT community is reprehensible, even entailing the risk of hanging sentences designed for maximum suffering and intimidation. Human rights groups claim that, since 1979, between 4,000 and 6,000 gay people have been executed. I am confident that the Minister will agree that the Government must do more to ensure that all people should be free to love who they wish, and that they will jointly inquire whether the LGBT rights organisations that the Government are empowering to assist in giving asylum to and strengthening Iran’s LGBT community can be strengthened even further.

The buck for all this stops with President Ebrahim Raisi and Supreme Leader Khamenei. What good are sanctions if the regime’s two most powerful despots are exempt? The Government must prove to ordinary Iranians that we are prepared to hold their tyrants accountable through targeted and personal sanctions. That is the only way we can fulfil our commitment to fundamental human rights, for the rule of law must be the ethos of a global Britain, unafraid to stand up for the individual and proud to lead our allies in the pursuit of justice.

--- Later in debate ---

[Andrew Gwynne (Denton and Reddish) (Lab)]

As always, it is a pleasure to serve under your chairmanship, Mr Betts. I congratulate the hon. Member for Bassetlaw (Brendan Clarke-Smith) on securing this crucial debate, because the Iranian regime represents a troubling international challenge that requires urgent attention from the United Kingdom. I am grateful that Members across the House are in attendance this morning and that we have the opportunity to press the Minister on these important matters.

I am concerned that for some years the UK’s policy towards Iran has been largely incoherent, with no clear strategy in place to address concerns on the international stage or, indeed, domestically in Iran. The sanctions on individuals involved in the violent crackdown on protesters following the death of Mahsa Amini in September last year have had a limited impact on the situation on the ground in Iran. As of June 2023, as my hon. Friend the Member for Leyton and Wanstead (John Cryer) said, more than 500 protesters have been killed and as many as 20,000 have been arrested, although those figures are likely to be underestimates.

The regime has largely been able to suppress protest through strict censorship, through the enforcement of internet blackouts and through police brutality, so my first question to the Minister is what assessment the Foreign Office has made of the impact of the sanctions currently in place. Is the Department now considering employing the UK’s Magnitsky-style sanctions, as my right hon. Friend the Member for Tottenham (Mr Lammy) has called for?

[John Howell]

I applaud what the hon. Gentleman is saying, but I wonder whether he has picked up on the role that Iran is playing in the dispute between Azerbaijan and Armenia. We are moving to a conclusion of that in favour of both countries—a peaceful settlement—but Iran seems to be out to spoil it and to make a big play of the situation.

[Andrew Gwynne]

The hon. Gentleman is absolutely right. The problem is that Iran is a disruptive force in large parts of the globe; it seeks to destabilise and undermine political deals bringing countries together. He makes a very sound case about what is happening in that part of the world.

The picture internationally is no less grave. The Islamic Revolutionary Guard Corps, a branch of the Iranian military, has never been more powerful. Indeed, it is perhaps an understatement to refer to the IRGC as a branch; Reuters has called it an industrial empire, and it is estimated that anywhere between 10% and 50% of the Iranian economy is controlled through the IRGC’s subsidiaries and trusts. The IRGC has been linked to terror attacks, hostage takings, assassinations, human rights violations and the intimidation of journalists and critics across the globe, including here in the United Kingdom. From Yemen to Lebanon, from Iraq to Israel, and from Syria to Saudi Arabia, Iran has waged an ideological war against peace and stability—the very point that the hon. Member for Henley (John Howell) was making. The IRGC provides financial support to several terrorist groups, including Hezbollah, Hamas and the Taliban.

Kosovo

John Howell Excerpts

Monday 5th June 2023 Commons Chamber

[Mr Mitchell]

I thank the shadow Foreign Secretary for his contribution. He emphasises the significant British involvement in the region, and its importance to Europe, and to the United Kingdom in particular. On his question about the Foreign Secretary visiting, I point out that the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, my hon. Friend the Member for Aldershot, was in Kosovo and Serbia at the end of last year. As recently as 1 June, the Prime Minister had a brush-by with the President of Kosovo.

I agree with what the right hon. Gentleman said about the appalling attack on NATO forces. We have condemned without qualification that attack on the troops. I emphasise that additional Turkish troops will now be joining. As he will know, there were serious casualties among Hungarian and Italian soldiers; I join in what he said about that.

We are working very closely with our Quint partners to ensure rapid de-escalation of the violence. As Lord Peach, the Prime Minister’s envoy, has said, the UK has stood by Kosovo in the best and worst of times, and will continue to do so. On the elections that took place, we are clear that they are legal, but it does look as though they lack legitimacy.

[John Howell (Henley) (Con)]

Kosovo has not been absent from my interests over the past few months, and distinguished international lawyers have been appointed by the Council of Europe to take further Kosovo’s membership of it. How will my right hon. Friend ensure that the Serbs participate in the elections?

Ukraine: Special Tribunal

John Howell Excerpts

Tuesday 9th May 2023 Westminster Hall

[John Howell (Henley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Davies. This is an interesting subject, and an appropriate time to raise it. In just under two weeks’ time, a summit of the Council of Europe takes place in Reykjavík. It is only the fourth summit in the history of the Council. High on the agenda is Ukraine.

We have two issues. The first is how we can deal with crimes against humanity. As we have heard, that is already taken care of; there is an established precedent for that. The second is how we can deal with crimes of aggression. We heard some examples of how crimes of aggression can be dealt with, but the problem is that none of those precedents can be transposed on to the situation in Ukraine. It is legitimate to point out that there are substantial differences between the situation at hand and those precedents. Much caution is required even in drawing analogies between how those tribunals ran and how they can be set up now.

One organisation above all—this will gladden your heart, Mr Davies—is able to take this role. It is not the UN, from which it is almost impossible to believe that there will be an agreement to take this forward. It is the Council of Europe. The Council has already committed to going for a tribunal of aggression, both at the level of the Parliamentary Assembly and at the level of the Committee of Ministers, which is the equivalent of a second Chamber to the Assembly.

It is perfectly legitimate to point out that national defence does not fall within the normal scope of the Council of Europe, which has long stated that it is not a defence organisation. However, the Council has on a number of occasions expressed itself on Ukraine, and has said that it wants to help the situation there. With your permission, Mr Davies, I will reaffirm a number of those statements. First, the Council of Europe has reaffirmed the need for a strong and unequivocal international legal response to the aggression against Ukraine. It has already said that aggression is a crime, and we need to deal with it. It permits no place for impunity for serious violations of international law. Secondly, the Council has stressed the urgent need to ensure a comprehensive system of accountability for serious violations of international law arising out of the Russian aggression. I will come back to that and give a suggestion on it.

The Council has noted with great interest the Ukrainian proposals to establish an ad hoc special tribunal for the crime of aggression against Ukraine, subject to what will be decided at the Reykjavík summit. Thirdly, the Council welcomed ongoing efforts, in co-operation with Ukraine, to secure accountability for the crime of aggression against Ukraine, and to secure full reparations for the damage, loss or injury caused by Russia’s violations of international law in Ukraine. Those ideas of accountability and full reparations are crucial to what the Council summit will be able to decide.

The Council of Europe is looking to set up a register of goods and buildings destroyed by the Russians during their war of aggression. One may think, “Why is a register necessary?” It is necessary, first of all, so that we can work out the scale of reparations. We cannot pluck a figure for reparations out of the air; it must be based on actual evidence. The Council of Europe stresses very much the need for accountability, which is why it thinks that a tribunal is a good idea.

The summit will be attended by a very senior member of the Government. Representatives of leading countries are going, including President Macron and the President of Germany; the President and Prime Minister of Iceland will be there as well. The summit will cover setting up that register, the ability to deal with reparations, and the accountability of Putin. I read a legal treatise that says that the Council of Europe is perfectly legitimately set up to deal with matters within the prism of accountability for the commission of an international crime, and with the crime of aggression. That is not outside the Council of Europe’s scope. That means that the Council would not be acting ultra vires in concluding an agreement with Ukraine for the creation of such a tribunal. That is an important note on which to finish my comments.

--- Later in debate ---

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is a pleasure to serve under your chairpersonship, Mr Davies. You are wearing an excellent tie; there are a number of good ties on display. I thank the hon. and gallant Member for Tiverton and Honiton (Richard Foord) for securing this critical debate, and thank all colleagues for their valuable and insightful contributions. I also declare an interest: I travelled on the same trip to Ukraine as him. It gave us a huge insight into the reality of the devastation of Putin’s brutal actions against the civilians and people of Ukraine.

Over the weekend, we came together in this country to celebrate the coronation of His Majesty King Charles III, and to look forward to the future. It was a time of celebration, hope and optimism. In Ukraine, tragically, this weekend could not have been more different. Ukraine had to withstand yet another series of barrages against civilian areas. Yesterday morning alone, Russia launched 16 missile strikes on cities and regions, including Kharkiv, Kherson, Mykolaiv and Odesa, as well as 61 other airstrikes—barbarous actions that are feared to have killed even more civilians.

As we have seen throughout the conflict, Russia’s brutality truly knows no limits. Such damage has been done to the people and the country of Ukraine. Families have been torn apart, lives have been lost, injuries have been caused, and devastation has been inflicted on cities, towns and villages. There is also the impact on the economy. At the root of that is the flagrant disregard that Russia has shown towards Ukrainian sovereignty. Its actions are those of a tyrant who continues to believe that he and his regime are outside any legal or moral standard—outside the parameters of accountability. We need to show him and the Russian regime that that is not the case. That is why today’s debate is so integral to our efforts, and those of our allies and partners, to hold him to account for the atrocities being committed in his name.

As you will know, Mr Davies, the Opposition have been clear since the war began that the Government would enjoy our full support if they strengthened the UK’s position on the conflict in Ukraine, and the response to Russia’s actions. There is a great deal of unity across the House, whether on sanctions; tackling illicit finance; providing military, technical and humanitarian support to Ukraine; or expanding and emboldening our diplomatic coalition. The first lady of Ukraine will have heard that again when she attended the coronation at the weekend.

I have a series of questions for the Minister on the issue of a special tribunal. As far back as March last year, days after the latest phase of this brutal invasion, my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) joined others in calling for the creation of a special tribunal to prosecute President Putin and others in the Kremlin regime for the crime of aggression. We welcome other ongoing efforts, which have already been discussed. That includes individual war crimes investigations and prosecutions in Ukraine domestically. The International Criminal Court has taken the welcome step of issuing an arrest warrant for the utterly brutal alleged crime of the illegal deportation of children. We have to accept that we can pursue distinct, potentially complementary, legal routes to ensure that Ukraine and its people receive justice.

Ukrainian Foreign Minister Dmytro Kuleba said at the start of the conflict that the establishment of a special tribunal would be critical to holding Putin to account for the original sin—the crime of aggression. We and others have listened, and have added our voice to the growing international chorus that backs that practical and necessary step. I was going through the Library briefing on the issue. There have been a lot of questions and debates on this issue in the House, but we have yet to hear the Government’s thinking on a special tribunal. As has been mentioned, the Government have joined this core group, but the commitment appears to concern a hybrid model. It is important to note, and we have said all along, that we want to be led by Ukrainians—what Ukrainians want and what the Ukrainian Government want. President Zelensky has been very reluctant to have a hybrid model. Indeed, he recently said:

“only one institution is capable of responding to the original crime—the crime of aggression. A Tribunal! Not something hybrid that can formally close the topic…Not some compromise that will allow politicians to say that the case is allegedly done…But a true, full-fledged Tribunal. True and full justice.”

Throughout, we have listened to and been led by the wishes of Ukraine’s leaders and its people, and that needs to happen on this issue as well.

In February, the President of the EU Commission also announced that he would establish the International Centre for Prosecution of the Crime of Aggression against Ukraine, which will be headquartered in The Hague. We have heard about the excellent work going on in the Council of Europe and other international examples, some of which I will come to later, but we have yet to hear a clear position from the Government on this. It is very important that we do, because we have heard about the potential weaknesses and limitations in some of the other models. The ICC alone does not have jurisdiction over the crime of aggression unless both the victim and aggressor have ratified and accepted the Court’s jurisdiction over a specific crime, so another way forward must be devised if we are to hold the regime to account.

It is beyond any reasonable doubt that Russia’s invasion of Ukraine and its ongoing use of force against Ukrainian sovereignty, territorial integrity and political independence is an act of aggression amounting to a violation of article 2(4) of the UN charter. Russia has irrefutably breached the threshold amounting to the legally defined crime of aggression under article 8 of the Rome statute of the ICC, which relates to the

“planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State”.

Similar questions can be raised about others who have been involved. Will the Minister comment on the situation with regard to Belarus and its aiding and abetting of the Russian regime, particularly as we saw in the early stages of the war and the attempts to capture Kyiv?

The United Nations General Assembly passed a resolution on 2 March last year, which:

“Deplores in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2 (4) of the Charter”.

The Minister knows that that carried the support of 141 states and was a clear, incontrovertible and significant decision by the United Nations General Assembly.

[John Howell]

The hon. Gentleman speaks of other states being involved. Is he aware that a big impetus for the tribunal comes from Estonia, Latvia and Lithuania? That is partly to support Ukraine, but it is also seen as a defensive measure should Russia invade those countries.

[Stephen Doughty]

The hon. Gentleman makes a very important point. Indeed, he tempts me further forward, but let me refer to some of the other international support. Estonia, Latvia and Lithuania made a joint statement on October 16 last year. I have mentioned the European Union, and the President of the European Commission made a statement on 20 November 2022, as did France. Indeed, there has been a growing chorus of other Governments, academics, legal experts and those who have been involved in similar processes in the past.

We can look at other tribunals that have been created, such as the special tribunals that were created for the former Yugoslavia and for crimes in Sierra Leone and Liberia. There are distinct differences, but we can learn important lessons from them. Indeed, the House of Commons Library refers to the Dutch Government’s willingness to hold a special tribunal. Although that is distinct from the ICC and its position in The Hague, the seat of international justice, the Dutch Government have indicated their willingness.

We have heard about the different options during this debate. That includes, first, amending the ICC’s Rome statute, although there are serious workability issues around that; secondly, a so-called hybrid model, but, as we have heard, President Zelensky does not feel that that is the right way forward; and thirdly, an international court established by the UN General Assembly with the agreement of Ukraine. We could also have a treaty between interested states, creating a special tribunal, and we have heard of a fifth option, which is the model that the hon. Member for Henley (John Howell) referred to in relation to the Council of Europe.

There are two critical issues that we would need to address in any model. First, there is the issue of immunities. There are questions in some of the options about whether immunity would come into play. Secondly, there is the question of selectivity, but I do not think that those need to necessarily stand in the way of the model. As has been said, a number of international legal experts and countries believe that those can be overcome by the special tribunal model.

Let me be clear that the brutality—the sheer wickedness—of what we have seen in Ukraine requires some very creative, robust and ambitious thinking. That is why Labour Members, and many hon. Members across the House, have supported the Ukrainian proposal for a special tribunal. These are some of the worst crimes that we have seen and the most incontrovertible case of aggression. Also, establishing a special tribunal and finding against Putin and Russia, as I very much hope it would, would lead us to a place where we can potentially take further action to give practical help to the people of Ukraine—for example, on the sequestration of Russian state assets. If we can establish and prosecute that original sin—that original crime of aggression—it could help to underpin the international legal basis for other actions that could lead to direct support for the Ukrainian people, as well as achieving the fundamental aim of justice for the country and its people for the crimes they have suffered.

I will end by quoting President Zelensky. In recent days, he said:

“But we know that the lasting peace after victory is achieved by nothing else but the strength of values. First of all, it’s the strength of freedom and of law, which must work to the full to ensure justice. Not hybrid promises instead of human rights, but real freedom. Not hybrid impunity and symbolic formalities, but full-scale justice. Not hybrid peace and constant flashes of violence on the frontline, but reliable peace. When one respects values—true freedom, true justice, true peace is respected”

and that is

“exactly what we need now.”

We should show the same ambition and the same passion for justice, the rule of law and a lasting settlement for the people of Ukraine, after the brutality that they have faced. I am very interested to hear what the Minister has to say about the processes leading towards setting up a special tribunal.

Human Rights Protections: Palestinians

John Howell Excerpts

Thursday 20th April 2023 Commons Chamber

[John Howell (Henley) (Con)]

For me—like many people in this House, I suspect—human rights are universal and indivisible. That is why I want to start by telling Members a little about the relationship of Israel and Palestine to the Council of Europe, which owns, as it were, the European Court of Human Rights.

At the institutional level, the Israeli Knesset has enjoyed observer status with the Parliamentary Assembly since 1957, and the Union of Local Authorities in Israel was granted observer status with the Congress of Local and Regional Authorities of the Council of Europe in 1994. Israel has signed and ratified 11 Council of Europe conventions and signed but not ratified a further two. Israel participates in four partial agreements and 18 inter- governmental committees.

With respect to high-level meetings, the secretary-general of the Council of Europe paid a couple of official visits to Israel, and the President of the Knesset has paid similar visits to the Council of Europe. We at the Council of Europe have just completed a study on Israel and Palestine, which was led by the former Mayor of Turin, Piero Fassino, who has taken a strong stand on this issue.

The Palestinian National Council was granted partner for democracy status with the Parliamentary Assembly in October 2011. The Association of Palestinian Local Authorities was granted observer status with the Congress of Local and Regional Authorities in 2005. I mention those things not as an example just to show that we are linked with Palestine and Israel, but because the Council of Europe looks after the convention on human rights. Israel signed and ratified the convention in 1986. I personally put a lot of effort into using that link with Israel to establish a firm place where we can not just talk about human rights, but actually get Israel to do something about human rights, and I think that is important. It would help us enormously if the Palestinians would accept the same approach to human rights in their own territory and deal with those human rights themselves. We cannot have one side following one rule and another side following a completely different rule—they both have to fulfil the same conditions.

I want to concentrate somewhat on how Hamas and the Palestinians do not protect Palestinian rights. The first place to start with that is LGBT matters. Tel Aviv Pride, as the House will have seen, is the largest LGBT pride festival in the middle east and Asia. Israel welcomes people no matter how they choose to identify. It is not the same in Gaza, where people in LGBT communities fear for their lives, and where same-sex couples are so afraid that they will be condemned that they do not bring themselves forward. We need to protect that fundamental human right of the Palestinians, and we need to put pressure on the Palestinians to be able to do that. The more we can do that, the more it will influence our ability to put pressure on Israel in other areas.

A second issue is freedom of journalism and freedom of expression. We have some very good examples of how the Palestinians have gone out of their way to systematically torture those in detention. I am not aware of anyone in Israel systematically torturing people in detention, but if we can put pressure on the Palestinians to bring forward measures to curb the instincts to have a go at Palestinian journalists, it will help us enormously in resolving the human rights issues in the region.

[Andy McDonald (Middlesbrough) (Lab)]

The hon. Gentleman talks about torture. He may not be aware that Palestinian children are often deported into solitary confinement, where they spend hour after hour. If that is not torture, I do not know what is. They emerge from those situations with Stockholm syndrome. Perhaps he will reflect on that in his comments.

[John Howell]

I am aware of that, but that is completely different from how Fatah security forces in Hebron dispersed a peaceful protest against the rising cost of living. That protest was not against political things, but domestic things. Those security forces detained the organisers. What the hon. Gentleman talks about is also completely different from the security forces banning the Palestinian People’s Congress, an umbrella organisation of activists and politicians calling for reform of the Palestine Liberation Organisation.

A third area where there is great difficulty on both sides and where we need to do more to push forward human rights is freedom of women and gender differentiation. Neither side has signed the Istanbul convention, and Israel has said that it is not going to sign the Istanbul convention at the moment. I think that is such a shame, because it is a landmark piece of international treaty work that protects women from domestic violence. In the Palestinian territories, there is plenty of domestic violence against women, and women suffer severe inequality under Hamas rule and have no protection against domestic violence. If they have been raped, they are seen as tainted and can be subjected to honour killings if that is known.

The final point I will mention is the death penalty. Israel at the moment has a ban on the death penalty, in compliance with its signing and ratification of the convention on human rights. The Palestinians do not have a ban on the death penalty. I know there has been considerable talk in Israel about restoring the death penalty, and I absolutely deplore that. I have told the Israeli authorities that I deplore it and that they should not do it. We should have parity on both sides to move away from the use of the death penalty, as a fundamental part of helping to establish human rights on both sides.

When we look at the Palestinian situation, there is quite a lot to have a go at in order to protect human rights. If we can get its human rights system working properly, it will help enormously in our negotiations with the Israeli side.

Religious Minorities in Nigeria

John Howell Excerpts

Tuesday 18th April 2023 Westminster Hall

[Jim Shannon]

I thank the hon. Lady for that intervention. As always, she brings to us her knowledge and a very helpful question. I agree with her. There is a role for our Foreign Office to perhaps be more active, and I think that that is what I am going to ask for as I move through this speech.

Last year the Foreign Affairs Committee released a report entitled “Lagos calling: Nigeria and the Integrated Review”, which urged the Government to focus on priority areas of engagement, including improving the human rights record of the Nigerian security sector, promoting the rule of law, supporting the rights of minority groups in Nigeria, and promoting freedom of religion or belief.

In January of this year, Open Doors launched the 2023 world watch list, which placed Nigeria at No. 6 in the top 50 countries where it is hardest to be a Christian. A country does not want to be in the top 10; Nigeria is sixth. Open Doors describes how Christians in some parts of the country face persecution that is extreme and often brutally violent. Islamic militants and armed bandits attack communities in northern and middle belt states with increasing impunity. The fact that it is happening with, it seems, little done to stop them adds to the issues.

There have been increasing attacks in southern states, too. If violence was the sole factor in the Open Doors world watch list, Nigeria would be at the top. Last year 5,014 Christians were killed in attacks in places of worship in Christian communities in Nigeria. That accounts for 87% of the total number of Christians killed for their faith worldwide in 2022. No one can say that Christians in Nigeria are not targets.

Last year was by no means an outlier. Just last week The Tablet newspaper reported that in the last 14 years at least 52,250 Christians were killed in Nigeria—targeted because of their faith. The trend is escalating. Under the last Government more than 30,250 Christians were killed alongside an estimated 34,000 Muslims. They were killed in attacks that deliberately targeted places of worship or communities because of their religious affiliation. Attacks were primarily carried out by non-state actors, including Boko Haram, Islamic State and the Fulani herders.

[John Howell (Henley) (Con)]

As the hon. Gentleman knows, I was until relatively recently the Prime Minister’s trade envoy to Nigeria. I fully accept what he says about Boko Haram, but there is a difference between the Fulani terrorists and the Christians that they are killing, which is their way of farming. The Fulani tribe are generally herdsmen and the Christians are generally farmers. It was very difficult to tell whether that was the real reason for the killings or whether it was religiously inspired from the beginning. Does he have a feeling about which of the two it is?

[Jim Shannon]

I thank the hon. Gentleman for his time as envoy. We all recognise his interest in Nigeria. Although he is no longer the envoy, I am not surprised he is here to participate in the debate. I thank him for his knowledge. It is clear to me, and probably others as well, that Islamic State and Daesh are very much in the background. They are using the unrest and perhaps the grievances as well to escalate the violence. The Government and the police and security forces in particular have been accused of deliberately standing by as attacks happen. The impunity must end and our Government—our Minister—should not continue to turn a blind eye when it persists.

In January armed gunmen invaded the home of Father Isaac Achi, a Catholic priest in Niger state, setting his residence ablaze and burning him to death. The attackers also shot his colleague, Father Collins, as he tried to escape. Days later, when the state’s minority Christian community marched to protest security force inaction at the local police station—not in a violent fashion—authorities called in reinforcements and responded with force against peaceful demonstrators. It frustrates me that that is just another example of the Nigerian security forces failing to ensure security for religious minorities and other vulnerable communities.

Many Members will remember the attack during Pentecost Sunday on St Francis Xavier Church in Ondo state. The attack led to the death of 50 worshippers and injured more than 70. Bishop Jude of the Ondo diocese visited Parliament in the months after the attack. I and probably many others met him when he was here. He told Members that despite Government buildings being across the road from the church, the gunmen were able to act with impunity for 20 minutes. Nobody tried to detain them or stop what was happening.

The attack on St Francis Xavier Church is nowhere near an isolated incident. During Holy Week there were numerous attacks on Christians across Nigeria. On Palm Sunday, during an early morning prayer vigil at the church in the village of Akenawe in Benue state, gunmen entered the church, killed a young boy and kidnapped three worshippers, including the church leader, Pastor Gwadue Kwaghtyo. Three days later, on April 5, gunmen killed at least 50 people in the village of Umogidi.

On Good Friday gunmen raided an elementary school building in the village of Ngban in Benue state, which serves as a shelter for 100 displaced Christian farmers and their families. The attack left 43 people dead and more than 40 injured. On the same day gunmen abducted at least 80 people, mostly women and children, in Zamfara state. The Catholic diocese of Makurdi reported that 94 Christians were killed during Holy Week in Benue state alone. Where is our Government’s response to that targeted violence? I am respectful to the Minister, but I need answers—I think we all do—to see what exactly has happened.

While violence has historically been concentrated in the northern states in Nigeria and perpetrated by Boko Haram, recent years have seen the middle belt become the epicentre. Benue state in particular has been badly affected. All those examples indicate exactly what is happening. Fulani herders traditionally migrated through pasture lands in the middle belt region. However, the desertification of the Chad basin has led to those groups being forced to migrate further south, bringing them into conflict with settled farms. Fulani militia targeted non-Muslim communities, trying to secure grazing lands. Five hundred churches in Benue state have been destroyed and more than 200 have been abandoned. That is 700 churches with all their congregations affected.

Vladimir Kara-Murza

John Howell Excerpts

Monday 17th April 2023 Commons Chamber

[Mr Mitchell]

I thank the hon. Gentleman for the early part of his question. His personal knowledge—and not his alone—of Mr Kara-Murza has clearly percolated across the House. Mr Kara-Murza’s bravery, courage and determination are an inspiration to us all. It is clear that his voice will continue to influence us greatly, as the hon. Gentleman says.

On sanctions, I really cannot add anything to what I have said, which is that officials are looking at the possibility of sanctioning everyone involved in the trial. We will report back in due course when we have determined whether that is possible.

[John Howell (Henley) (Con)]

Like the hon. Member for Aberavon (Stephen Kinnock), I regard Vladimir Kara-Murza as a friend; we have had him here on a number of occasions to speak to the Council of Europe delegation. This is a travesty of human rights. As Russia is no longer part of the Council of Europe and no longer under the jurisdiction of the European Court of Human Rights, how will we ensure that our view of human rights applies in this case?

[Mr Mitchell]

My hon. Friend is absolutely right about the importance of the Council of Europe; I congratulate him and his colleagues on the work that the Council of Europe has done on this case. I can assure him that we will do everything we can to ensure that Mr Kara-Murza is freed as swiftly as possible. Together with our international allies and like-minded nations, we will do everything we can to bear down on Mr Kara-Murza’s case and on the other cases that so disfigure the reputation of Russia.