FCO: Human Rights Work

John Stanley Excerpts

Thursday 14th March 2013 Westminster Hall

[Sir John Stanley (Tonbridge and Malling) (Con)]

I am pleased to follow the present Chairman of the Foreign Affairs Committee, my hon. Friend the Member for Croydon South (Richard Ottaway), and his predecessor, the hon. Member for Ilford South (Mike Gapes). I very much endorse the comments of my hon. Friend, when he said that the Government would do well to acknowledge that there is an inherent conflict between the Government pursuing their legitimate commercial interests, on one hand, and also standing up fearlessly for human rights on the other. The same point and representations have been made by the Committees on Arms Export Controls, which I chair, and the Government would do well to acknowledge that inherent conflict, rather than expressing a position of trying to pretend that no such conflict exists.

I say to the Minister that I shall raise a number of points, and I entirely understand that he may not have the time or information to reply to them immediately at the end of the debate. I will be very glad to receive replies subsequently in writing, if he so wishes.

I want to start with China, which remains a one-party, totalitarian, police state. Rightly and necessarily, it continues to feature in the Foreign and Commonwealth Office’s list of countries of concern with regards to human rights. As the FCO’s human rights report reminds us, when there were calls in China for a “Jasmine Revolution” to follow the Arab spring:

“Public order and security bodies detained and harassed lawyers, bloggers, human rights campaigners and other activists, without allowing them recourse to their legal rights.”

Very considerable numbers of human rights activists are in jail, including, of course, the immensely courageous Nobel peace prize winner, Liu Xiaobo, who is still in prison serving an intolerable sentence for the so-called, catch-all offence of “subversion”.

I want to raise a particular aspect of human rights in the context of China, and it concerns the Government’s policy on arms exports. China is rightly subject to an arms embargo. However, in the latest figures published by the Government on the Department for Business, Innovation and Skills website, for the third quarter of 2012, the Government have stated that they approved arms export licences for components for military electronic equipment; equipment for the use of military communications equipment; military communications equipment; military electronic equipment; and technology for military communications equipment. Will the Minister explain how it is that when the British Government have signed up to the EU arms embargo on China, they are still none the less approving military arms export licences to China for the type of equipment that, on the face of it, could be used for internal repression and the violation of human rights?

Like my hon. Friend the Member for Croydon South and the hon. Member for Ilford South, I want to discuss Russia, which is rightly listed as a country of concern by the FCO. From my perspective and that of most, if not all, in the House, under President Putin, human rights in Russia are going backwards, not forwards—particularly in the area of the freedom to express, the freedom to criticise and the right of peaceful protest. The laws that are now being put through the Duma, which is controlled effectively by those who support President Putin, are particularly concerning. The laws include, for example, fines for unsanctioned demonstrations and measures to oblige NGOs to register as “foreign agents”.

I noted with interest and concern what the mould-breaking former Soviet leader Mikhail Gorbachev said about the new Putin laws in a recent BBC interview:

“The common thread running through all of them is an attack on the rights of citizens.”

In the face of those new laws being passed and an increasingly hostile environment to basic human rights in Russia, will the Minister, in his reply, give us any assurance that the British Government will do all they can to protect British nationals in Russia, and, in particular, locally employed staff of organisations such as the British embassy, the British Council and those who are working for international human rights NGOs in Russia?

The country that probably has the worst human rights record in the world—indeed, this is stated in the Foreign Office’s human rights report—is North Korea. The previous Labour Government took what I considered to be an entirely justified step—we were one of the first European countries to do so—to re-establish a diplomatic presence in Pyongyang in order to give us the possibility to exercise some degree of leverage on human rights issues, among other things, in the capital, and also to provide a point of contact for human rights and humanitarian NGOs working in North Korea. With the arrival of Kim Jong-un as the “supreme leader” of North Korea—that is how he styles himself—we have in recent weeks and days seen an alarming escalation of hostile actions and statements. We have seen a ballistic missile test. We have seen a nuclear explosion. We have seen the Government of the Democratic People’s Republic of Korea claiming nullification of the armistice that ended the Korean war in 1953. We have seen the cutting of the hotline to Seoul. Very recently, a public statement was made that North Korea was ready for “all-out war”.

In light of the dismal and concerning developments that I have set out, are the British diplomatic staff reporting a reduction in their ability to further the human rights agenda and objectives of the British Government in North Korea? Can the Minister assure us that the Government will do all that they can to support our embassy and NGOs in North Korea in the extraordinarily important and difficult human rights and humanitarian work that they do?

I now come, with considerable regret but absolutely no apology, to an area that I think that I have raised in every one of these debates since they were first initiated—Israel and the Occupied Palestinian Territories. As with my previous contributions, I emphatically do not do so in any one-sided or partial manner. The Hamas rocket attacks into Israel—I have been to the communities in Israel where those rockets have landed—are wholly unacceptable and totally intolerable. Indeed, I regard Hamas as a disgrace to the Palestinian cause and a very serious impediment to the Palestinian wish to achieve proper democratic progress towards an independent and viable Palestinian state.

That said, the Israeli Government cannot escape the criticism that they encounter, both within Israel to some extent and more widely internationally, for the relentless and continuing violation of basic Palestinian rights. I consider the FCO to be entirely correct in including Israel and the Occupied Palestinian Territories as a country of concern in its human rights report.

[Mike Gapes]

Does my friend agree with me that the formation of a Government in Israel today is a chance for a renewed emphasis on and impetus for the restarting of negotiations that will lead to the two-state solution that is the only viable way to deal with this conflict?

[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.

[Mr Dai Havard (in the Chair)]

Before I call the other speakers, may I advise hon. Members of the time? I would like to give the two Front Benchers and Mr Ottaway a few minutes to respond and I have two speakers on my list, so it would be helpful if, between the two of you, you kept to eight to 10 minutes, with interventions.