Commonwealth Day

Kerry McCarthy Excerpts

Thursday 13th March 2014 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure to serve under your chairmanship for the first time, Mr Brady. I congratulate the Backbench Business Committee on providing this opportunity, and I thank the right hon. Member for Saffron Walden (Sir Alan Haselhurst) for leading the debate in his capacity as chairperson of the CPA international executive committee.

As the other speakers have all done, I begin by emphasising the value of the Commonwealth and underlining the importance of Commonwealth day as an occasion to celebrate both the unity and diversity of our 53 independent countries. Other speakers said they feel the closest connection with Commonwealth citizens from Australia, New Zealand and Canada. I grew up in an ethnically diverse area and have had most contact with, and feel the strongest connection to, members of the diaspora communities from countries such as Pakistan, India and Bangladesh. When I worked in the City there seemed to be an awful lot of New Zealanders employed on temporary contracts, so I have had a fair bit of contact with New Zealanders. Our connection with the Commonwealth is not just about people in other countries; it is about people from those countries who have chosen to make Britain their home.

This has been an eventful year for the Commonwealth, marked of course by the birth of Prince George and our move even closer towards agreeing the new laws of succession. Fifteen of the 16 Commonwealth realms have agreed a new law to end male primogeniture and the bar on marrying Roman Catholics, which is a welcome step forward. Less positively, Gambia has withdrawn from the association. The Commonwealth Heads of Government meeting in Sri Lanka last November created some division, to which I will return, and led to Mauritius withdrawing as host of CHOGM 2015.

The theme of this year’s Commonwealth day, “Team Commonwealth,” indicates the association’s strong bonds, and it is particularly apt as we look forward to the Commonwealth games in Glasgow this summer. A team is a good analogy for the Commonwealth; it signifies our collaboration and indicates how each and every member is important and has its own role to play. It means that we can celebrate our successes together and that we pull together when times are tough. It also means that we speak frankly and offer our support when a team member could do better. Like the Commonwealth, every team needs rules, which is why I make no apology for concentrating on what I see as scope for improvement. Teams ought to push each other to achieve more, which is what the Commonwealth must do for each member state.

Some of these points were addressed in our debate on human rights in the Commonwealth towards the end of last year, but it is important that they are placed on the record again, given that the situation has not improved. It is now a year since the Commonwealth charter was launched, which was a significant achievement. It was the first time in 64 years that the Commonwealth’s shared values have been set out in writing.

Those shared values attempt to balance the autonomy and differing cultures of many sovereign states. As I said in the debate on human rights in the Commonwealth, agreeing to the charter was not enough and cannot be enough; it was a blueprint for action, not a statement of the status quo. The charter was the start of a process to promote democracy, equality and human rights within the Commonwealth.

There is progress to be made across a range of areas, including gender equality—which was mentioned by the right hon. Member for Gordon (Sir Malcolm Bruce)—sexual violence and the death penalty. At 10 pm British time tonight, 6 am on Friday in Malaysia, a Nigerian national with schizophrenia is due to be executed for a murder committed 18 years ago. I flagged that up with the Minister when I arrived in the Chamber, and I hope he can update us on whether the British Government have made representations to the Malaysian Government on preventing that execution. We should all oppose the death penalty in any circumstance, but a mentally ill man is due to be executed, so it is a particularly important case.

There are many important human rights issues, but I make no apologies for focusing today on what was described as the “elephant in the room” by Dr Purna Sen, the former head of human rights at the Commonwealth secretariat, in the recent Kaleidoscope Trust report, “Speaking Out: The rights of LGBTI citizens from across the Commonwealth.” Globally, more than half the countries that criminalise homosexuality are in the Commonwealth, and they make up 41 of the 53 Commonwealth nations—that is nearly 80% of the association. We should not be afraid to stand up and say categorically that that is wrong. The issue was debated when I spoke about the charter at the CPA conference in Johannesburg in September, and it was discussed in the Westminster Hall debate, too.

I know there is a concern about being seen to go in and preach to other countries, particularly those countries where we instilled certain values. There has been some interesting research in Uganda on how homosexuality was accepted until the British came in, told people that it was not acceptable and introduced laws against it during the period of colonial rule. When I raised that point at the CPA conference in South Africa in September, it was not well received by all delegates. As the hon. Member for Brigg and Goole (Andrew Percy) said in an intervention, the point was supported by my co-speaker, the Deputy Speaker of the South African Parliament. She spoke eloquently about her country’s rainbow constitution and opposition to all forms of discrimination. She said that, in South Africa, LGBT discrimination was seen as akin to apartheid, which was once seen as acceptable by many and is now viewed as abhorrent by all but a few. That does not necessarily translate into perfection on the ground, however. There have been instances of corrective rape and discrimination against LGBT people, but the law sets a strong framework.

Other countries are not making such good progress, however. The Australian High Court recently overturned legislation in Parliament allowing for same-sex marriages. India has recriminalised homosexuality following its Supreme Court reinstating in December a ban on same-sex relationships—a decision refused review earlier this year despite applications from campaigners and the Indian Government. Nigeria has passed a same-sex marriage prohibition law, meaning not only that same-sex marriage is punishable by 14 years in prison, but also that same-sex relationships or participation in gay clubs or organisations are also subject to 10-year prison terms. There are reports that men arrested since the new law was passed have been publicly whipped and there have been claims that confessions have been forced by physical interrogation. The Kaleidoscope Trust quotes a human rights lawyer in Cameroon who explains that LGBT people

“are generally considered as animals or devils… so they are in permanent danger. They can be injured, they can be killed, and they can be discriminated against. They can be rejected from healthcare and justice”.

Most notorious, as we heard in a good speech from my hon. Friend the Member for Airdrie and Shotts (Pamela Nash), is Uganda, which has now passed the long-feared Anti-Homosexuality Bill. Homosexuality was already illegal in Uganda, but the penalties have now been increased to life imprisonment. Indeed, it was mooted at one point that the punishment ought to be the death penalty. I have also had the privilege of meeting Dr Frank Mugisha of Sexual Minorities Uganda on a couple of occasions, and I understand that he met Baroness Warsi yesterday. I hope that it proved a productive meeting, because, although I know that the Foreign Secretary noted his sadness and disappointment that the Bill was signed into law by President Museveni, some concerns have been expressed to me that the UK’s response has been relatively muted. As my hon. Friend said, serious concerns exist that the law represents a public health threat as NGOs, including international organisations that provide health promotion and HIV/AIDS prevention, may be forced to close to avoid criminal sanctions.

In its 2011 report, “Time for Urgent Reform”, the Commonwealth eminent persons group encouraged

“the repeal of discriminatory laws that impede the effective response of Commonwealth countries to the HIV/AIDS epidemic”

and cited United Nations Development Programme evidence that the Commonwealth is home to

“over 60% of people living with HIV”.

The issue should therefore be a priority for the Commonwealth. Several other countries, not least the US, have made it clear that they are undertaking a wholesale review of their relationship with Uganda, and the World Bank has postponed a $90 million loan to the country. Some have called for all aid for Uganda to be reviewed, but only a small proportion of UK aid actually goes into direct budget support for the Ugandan Government and it is linked to trying to improve parliamentary democracy. If aid is reviewed as part of the lobbying on the issue, it is imperative that it should not hurt the people that UK assistance aims to help and that the Government continue their support for LGBT groups and human rights defenders in Uganda, to which they have recently committed.

To conclude on Uganda, there have been calls for travel bans, in particular for the members of the Ugandan Government and Parliament who championed the new law. What measures or sanctions does the Minister think could be effective in trying to turn Uganda’s position around? What action could the ministerial action group take? What penalties would he like for countries that violate the values of the Commonwealth charter—if, indeed, he sees the charter as something that should be enforced?

As I mentioned, there were concerns that last year’s CHOGM risked undermining the Commonwealth’s commitment to human rights, given the ongoing abuses in Sri Lanka and the Sri Lankan Government’s failure to deliver truth, justice and accountability. Can the Minister update us on the Prime Minister’s efforts to secure an international inquiry for the people of Sri Lanka at the UN Human Rights Council this month? What efforts have the Government made to secure action from the Commonwealth on that? I have spoken several times in this place about Sri Lanka, and the issue is ongoing, so I will leave it there, rather than outline my concerns.

The final issue that I want to flag up is the need for collective action on climate change. The Commonwealth is an appropriate forum for that, although we should be doing it on a wider scale, too. Bangladesh tops the climate risk index as the country most affected by climate change. India is in the top 10 as well. In the Maldives in 2009, as people might remember, then President Nasheed held his Cabinet meeting underwater with scuba gear to try to focus the world’s attention on the grim reality of climate change. Countries such as the Maldives could be entirely submerged underwater within just a few generations with just a 1 metre rise in sea levels. The Maldives are the lowest lying country in the world, with an average height of less than 1.3 metres above sea level.

The challenge of climate change is not something that any state can overcome alone. The Commonwealth must renew efforts to press for multilateral co-operation and concerted collective action to reduce carbon emissions, to limit rises in sea levels and to safeguard habitats. At CHOGM, Australia and Canada disappointingly declined to support a green capital fund. Last month, GLOBE International published a report on 66 countries’ climate change laws and highlighted that only the Australian Government sought to repeal national legislation in the past year. Australia and Canada are the only nations to have reversed significant climate laws since GLOBE International began its monitoring four years ago. Will the Minister tell us whether he agrees with Lord Deben, the former Conservative Secretary of State for the Environment, who said that Australia’s move was

“so unintellectual as to be unacceptable”?

By contrast, the report noted Kenya’s new climate change plan. Kenya, along with Mozambique and Nigeria, was included among the eight countries to have passed flagship legislation. Tanzania passed a national strategy and Rwanda was noted for including climate change and the environment as a cross-cutting issue in its economic development and poverty reduction strategy. The report concluded that the momentum for climate change legislation is moving from the wealthier, industrialised nations to emerging economies. I hope that the Minister agrees that all Commonwealth nations need to work together, as set out in the Commonwealth charter, to protect the environment through

“multilateral cooperation, sustained commitment and collective action…and facilitating the development, diffusion and deployment of affordable environmentally friendly technologies and renewable energy”.

Will the Minister update us on how the Government are pushing for more action from the Commonwealth on climate change? To what extent is there is a consensus on the scientific facts of climate change and concerted action? I am particularly worried by reports that Prime Minister Tony Abbott is seeking to abolish Australia’s independent Climate Change Authority. Its chairman has reportedly said that the “bad guys” are winning the climate change debate with “brazen falsehoods”, “untruths” and “misinformation”. It is essential that the UK plays a global role in challenging the misinformation and efforts to dismiss climate change science, not least within our own country.

I realise that I have perhaps focused on the negative to too great an extent, but if we value the Commonwealth and want it to have a respected voice on the world stage and a continued purpose in the 21st century, we have to ensure that it remains relevant. To do that, we must continually ask more of it and ourselves. I welcome the Commonwealth charter as a mechanism for raising the Commonwealth’s expectations, but if we do not meet the high standards that it sets, it risks being used to conceal abuses. When we come back to this issue next year to celebrate Commonwealth day, as I am sure we will, I hope we will be discussing how those standards are not only being met, but surpassed.

--- Later in debate ---

[Mr Lidington]

I will draw the hon. Lady’s question to the attention of my hon. Friend the Minister with responsibility for Africa, who is travelling on ministerial duties this week. If we judged that to be the best way of making effective representations, we would not hesitate to do that.

The hon. Lady mentioned various options for action that might be taken. There is a judgment to be made about the right balance in these circumstances, between the megaphone and the candid words in conversation. We try to judge these issues so that we end up with a set of actions that are most likely to help those people who are under threat in Uganda. My right hon. Friend the Foreign Secretary and Baroness Warsi met Mr Mugisha yesterday so that they could hear first hand from somebody living in Uganda who feels that his position is at risk, and find out what he thinks are the most effective ways to try to seek a change in policy in Uganda.

The hon. Lady also mentioned Nigeria. We are disappointed that President Jonathan has given his assent to a Bill that would further criminalise same-sex relationships in Nigeria and infringe on the human rights of LGBT people. The Foreign Secretary made a statement on 15 January that highlighted our concerns and my hon. Friend the Minister for Africa raised these concerns directly with President Jonathan in Abuja, when he visited Nigeria on 27 February. Again, we will continue to lobby at the highest levels on this issue.

I was also asked about the persecution of Christians and other minorities in Pakistan. We continue to urge the Government of Pakistan to guarantee fully the human rights of all people in Pakistan, particularly the most vulnerable: women, minorities and children. These principles are, after all, laid down in the constitution of Pakistan and are in accordance with international standards, to which Pakistan has subscribed.

We regularly raise the issue of Christians and religious freedom more generally at senior level with the authorities in Pakistan, and did so during the Foreign Secretary’s visit to Pakistan in July 2013 and Baroness Warsi’s visit in September 2013. In fairness, the Pakistani authorities have publicly recognised the problems that their countries’ minorities face and the need to bring an end to religious persecution. The British Government remain fully committed to working in partnership with the Government of Pakistan to achieve that, and to tackle both terrorism and violent extremism in all its forms.

We cannot as one country impose change, particularly in public attitudes, which may in some Commonwealth nations be very different from public attitudes in this country, but we can and we will continue to speak out when basic human rights—life, liberty and personal safety—are violated. There can be no justification for infringing such fundamental human rights, which are central to a strong and prosperous society. The consequences of failing to respect human rights are apparent in Sri Lanka. I will give the Chamber the update for which the hon. Member for Bristol East asked.

The Prime Minister used his presence at CHOGM in Colombo in November 2013 to emphasise the United Kingdom’s and indeed the international community’s serious concerns about human rights in Sri Lanka. He made it clear that the Sri Lankan Government should begin a credible independent investigation into violations of international human rights and humanitarian law by both sides during the war by March, when the UN Human Rights Council meets to discuss Sri Lanka. No credible domestic process has yet begun.

Establishing the truth plays an important role in reconciliation. As a result, the Minister of State, Foreign and Commonwealth Office, my right hon. Friend the Member for East Devon made it clear at the UN Human Rights Council in Geneva on 3 March that we would now call for an international investigation. I draw the attention of the Chamber to a written ministerial statement that my right hon. Friend the Foreign Secretary published today on Sri Lanka. It is available in the Library and will be printed in tomorrow’s Hansard. That statement says, among other things, that a draft resolution was jointly tabled by the UN Human Rights Council on Monday 3 March by the United Kingdom, the United States of America, Mauritius, Macedonia and Montenegro. The draft resolution calls for the office of the UN High Commissioner for Human Rights to lead the international investigation and to report back by March 2015. Further discussions on the text will take place this month.

The adoption of the resolution is not a foregone conclusion. Ahead of the vote, the Prime Minister, the Foreign Secretary, I, other Foreign Office Ministers and other Ministers across the Government have been in contact with a wide range of UN Human Rights Council member states to encourage them to support a strong resolution that calls for an international investigation. In doing so, we have drawn attention to the assessment of the UN High Commissioner for Human Rights, who points to the need for such an investigation as progress on accountability in Sri Lanka has been, in her words, “limited and piecemeal”. In the days remaining before the vote takes place, we will continue to urge UNHRC members to support this action, and we will maintain our close contact with non-governmental organisations and civil society throughout.

[Kerry McCarthy]

I thank the Minister. I have seen the written statement. My concern is that Sri Lanka will not be happy to co-operate with this inquiry, and President Rajapaksa has more or less said so already. I will not put the Minister on the spot by asking a question about this, because his colleague, the Minister of State, Foreign and Commonwealth Office, the right hon. Member for East Devon (Hugo Swire) is responsible for this policy area, but it is important that efforts are made to try to bring Sri Lanka on board and to convince it that it is in its best interests to co-operate with this inquiry rather than have it imposed from outside. It is in the interests of everyone in Sri Lanka, no matter what side of the conflict they are on, that a line can be drawn under past abuses and continuing abuses.

[Mr Lidington]

I agree with the hon. Lady. We will not for one moment stop trying to persuade the Government of Sri Lanka that it is in their interests on two counts—its effect on how Sri Lanka is seen internationally and the need for genuine reconciliation between different communities in that country. At the end of the day, the Government of Sri Lanka are sovereign and they will take their decision. We hope that they will eventually conclude that an independent inquiry of some kind is in the interests of Sri Lanka itself. That is why we are disappointed that they have not hitherto established an inquiry of their own. Had such an inquiry been set up in Sri Lanka, we would not need to call for one now at the UN Human Rights Council.

I should add that the Commonwealth ministerial action group has a key role to play in upholding the values to which all Commonwealth countries signed up when they agreed the charter. As CMAG meets for the first time since CHOGM here in London, we have a timely opportunity to restate our view that it is essential that CMAG lives up to the strengthened mandate that it received in Perth.

Our debate this afternoon is a reminder that democracy itself is a key Commonwealth value. The work that the Commonwealth Parliamentary Association does to support and extend democratic values across the Commonwealth should not be underestimated. The CPA rightly enjoys associate organisation status within the Commonwealth and is the one Commonwealth organisation that directly represents parliamentary democracy. The Government recognise the CPA’s importance, and we remain happy to discuss proposals to enhance further its work through such measures as a democracy forum. I welcome the remarks of my right hon. Friend the Member for Saffron Walden about the wish to see greater recognition of the CPA’s role in strengthening contact between elected local government bodies across the Commonwealth.

I also welcome my right hon. Friend’s creative and imaginative proposal for a Commonwealth youth parliamentary assembly of some kind. I look forward to seeing how that idea develops further within the CPA. I welcome the decision of the House—it was not welcomed in all quarters—to allow the United Kingdom Youth Parliament to sit in the Chamber. The idea that one day we could look at a Commonwealth youth parliament visiting different Parliaments in different Commonwealth member states and in different continents is very attractive indeed.

In addition to Commonwealth values, hon. Members have referred today to the potential to increase prosperity across the Commonwealth for all its members. The Department for International Development contributes directly to member states that are developing countries, and allocated about £2 billion of aid to those countries in 2013-14—that figure ignores regional programmes and therefore masks a higher total.

Local sporting events also drive economic growth, as previous Commonwealth games have shown. According to the organising committee of the New Delhi games, Manchester benefited to the tune of more than £2 billion in 2002, Melbourne by £1 billion in 2006 and Delhi itself by £2.5 billion. The United Kingdom exceeded its four-year Olympic legacy target, adding £11 billion to the economy through trade and investment in just over one year. The Glasgow games of 2014, which will draw in more than 6,500 athletes and officials in 17 sports, with a global audience of approximately 1.5 billion people, offer a great opportunity for the United Kingdom to provide leadership in enhancing Commonwealth prosperity.

To that end, UKTI is working with Scottish Enterprise, in partnership with the Commonwealth Business Council, on behalf of the Scottish and United Kingdom Governments together to deliver the Commonwealth games business conference on 22 and 23 July. That conference will explore opportunities to strengthen trade and investment between Commonwealth partners and seek new, innovative solutions to deliver sustainable economic growth.

After that conference, UKTI will also host the British Business House, to highlight the UK’s position as a centre of trade and investment. Businesses and key decision makers from the UK and across the Commonwealth will participate in a series of high level round-table and seminar sessions to explore new opportunities to increase trade and investment in the Commonwealth.

Those are just two examples of how the Commonwealth can harness the potential in its membership to increase prosperity. We should be increasing trade and investment with all our partners globally, including the Commonwealth and the EU. I welcome the point made by my hon. Friend the Member for Brigg and Goole (Andrew Percy), especially in the knowledge of his long-standing, honourably held position on our EU membership, that it is not a matter of trading with either the EU or the Commonwealth but one of trading with both. Indeed, in the case of Cyprus and Malta, we have an overlap on our Venn diagram.

The free trade agreements that the EU has concluded, or is negotiating with Commonwealth countries, will enhance further the conditions for trade. We expect, for example, the EU-Canada comprehensive economic and trade agreement to benefit the United Kingdom’s economy and businesses by more than £1.3 billion every year.

--- Later in debate ---

[Mr Lidington]

The question of the Crown dependencies, as my hon. Friend knows, is a matter for the Ministry of Justice, but I am sure that the Lord Chancellor will be delighted to learn of my hon. Friend’s interest in the matter and I will draw his comments to my right hon. Friend’s attention.

The Government want to ensure that the Commonwealth remains as relevant to us in the 21st century as it was 65 years ago, when the London declaration of 1949 marked the birth of the modern Commonwealth. In this, our values and our drive to seize on the Commonwealth as an economic and diplomatic force multiplier will be vital.

The hon. Member for Bristol East drew the House’s attention to climate change, a contemporary challenge facing Commonwealth countries. As she hinted in her speech, Commonwealth island nations, particularly the Maldives under the former president, played a leading role in some of the global negotiations. Their sense of urgency and their ability to point out directly the threat faced by the islands and their citizens helped make it possible to build a bridge between some contrasting positions held by developed and emerging economy countries. This Government are continuing to press for ambitious European Union offers to global negotiations.

At CHOGM last year, Commonwealth leaders collectively renewed their commitment to achieving an international climate deal in 2015 and to making real progress through the UN climate negotiations. There was also agreement on the need to build the capacity of Commonwealth states to respond to climate challenges. We welcome such commitments and look to work closely with all our Commonwealth partners this year to strengthen ambition and capacity through the UN climate negotiations and other forums, such as the Secretary-General of the United Nations’ summit on climate scheduled for September.

[Kerry McCarthy]

Will it be possible to move forward with this action through the auspices of the Commonwealth if some countries, particularly Australia, but also Canada, are not on board?

[Mr Lidington]

A Commonwealth position, as I mentioned in a different context earlier, requires consensus, but the Commonwealth can provide a forum, unique among international organisations, in which developed countries, vigorous, fast-growing, emerging economies, poor, developing states, enormous countries, such as India, and tiny island nations can all sit down together to discuss common problems. Through its network of connections—not just at Government level, but at civil society level—the Commonwealth provides a means of facilitating dialogue aimed at reconciling different interests and positions on climate change. In so doing, I hope that it would be easier to get the sort of global agreement that the Government want.

Our taxpayers rightly expect to know why institutions exist and what they achieve. The EU is familiar with such scrutiny, and the Commonwealth needs to define its relevance in a world of competing international organisations that cover all areas of activity. That is why my right hon. Friend the Member for East Devon, who has responsibility for the Commonwealth, recently brought together high commissioners from right across the Commonwealth and why he will shortly host a further discussion at Wilton Park on the future of the Commonwealth. In the wake of the CHOGM in Colombo and in preparation for the CHOGM in Malta, the work will provide leadership in identifying how we can adapt the Commonwealth to reflect better all our needs and to strengthen it as an association that endures into the next century.

The UK is one of 53 equal members within the Commonwealth, and the other 52 members’ voices carry as much weight as ours, so it is incumbent on all members to ensure that it remains as powerful and as effective as it has always been.

The network of parliamentary relationships provided by the CPA will be an important element in trying to secure agreement on reforms and the evolution of the Commonwealth in a way that demonstrates to citizens in all member states the organisation’s continuing relevance.

The Commonwealth is a vast network of Governments and civil society. We should strive to harness its economic clout for the mutual prosperity of all members. At its best, when it is true to its charter, the Commonwealth can be an effective advocate for democracy and for human rights. It can stand up for what the Foreign Secretary described in a speech in July 2011 as the values that “ultimately make us secure”. That is the Commonwealth at its best. That is the vision that the CPA embodies and exists to support and enhance. I hope—and believe—that its work will continue to grow in importance, and I wish success to my right hon. Friend the Member for Saffron Walden and Members from all parties in this House who serve in the CPA.