Russia and the Council of Europe

Khalid Mahmood Excerpts

Wednesday 18th July 2018 Westminster Hall

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

It is always a pleasure to serve under your stewardship, Mr Howarth. This important debate, secured by the hon. Member for Henley (John Howell), has roused strong passions and concerns about the significant issues of human rights and civil liberties.

The background is that, after the Russian annexation of Crimea in 2014, the Council imposed sanctions on Russia, and Russian delegates’ voting rights to the Parliamentary Assembly of the Council of Europe were suspended. That suspension has been renewed since. In summer 2017, Russia suspended its annual payments of €33 million to the Council of Europe, as has been said. The Council of Europe rules state that member states that do not pay their contributions will also be denied representation in the selection of judges for the European Court of Human Rights.

In November 2017, Council of Europe Secretary-General Jagland toured European capitals warning of the risk that Moscow could withdraw completely from the organisation unless the sanctions were lifted. He argued that that would be a blow to Russian citizens, as they would lose access to the European Court of Human Rights. It has been mentioned that they would not necessarily lose their right to use the Court, but they would lose the ability to implement its decisions.

Russian cases take up a disproportionate amount of the time of the European Court of Human Rights, and that has been highlighted today by the right hon. Member for Chesham and Amersham (Dame Cheryl Gillan). In relation to what she said, the figures are quite significant, and we have to consider how we can try to influence that situation. Many aggressive stances have been taken over what Russia is doing, as there should be when it comes to human rights and civil liberties. Equally, however, a number of Members have said that we need to have more jaw-jaw rather than just war-war. So there is an issue here that we have to try to address in order to move forward. However, supporters of Ukraine and others argued against such a move, saying it would be a signal to other organisations, particularly the EU, that it was time to soften the position regarding the annexation of Crimea and Russia’s backing of the Crimean rebels in the Donbass against the Ukraine Government.

In March 2018, Russia announced that it was again withholding its payment to the Council of Europe. Many Russian citizens have taken their cases to the ECHR, and the number of applications to the Court has increased recently, as has been mentioned. In 2017, Russia was the country with the highest number of cases registered at the Court, with 370 cases, which put it some way ahead of Turkey, which had 138 cases registered, and Romania, which had 110. Also, Russia has the highest number of awards by the Court against it. Notable cases can be found in the Court’s Russia press country profile, which was updated in June 2018. However, despite what the Council of Europe regards as Russia’s legally binding commitments, Russia has not complied with some judgments of the Court. All these issues are very important in terms of human rights, and we have to consider how we can get those judgments implemented.

A number of Members have mentioned that the principles are more important than the money, and I wholly agree. However, we also have to consider what Russia is currently doing to work with the European Union, and particularly with Germany, on the Nord Stream 2 gas pipeline, which will bring in about 70% of the Russian gas exports that go to Germany. Currently, the Nord Stream 2 deal is not being negotiated, because of Denmark’s refusal to give Russia permission to lay the pipeline through its territory.

There are significant issues we can negotiate with Russia about to support the Russian people, who suffer huge human rights abuses. That is the important issue here: how do we support them? A number of cases have been highlighted, including the Polish plane crash and a number of other issues relating to the LGBT community, particularly in Chechnya, where members of that community are completely ignored as a group of people and do not have a status. The only way that we can support such people is if we have some sort of discussion and ability to negotiate with Russia.

As far as I am concerned, that is the key here, and isolating Russia is not going to be a mechanism for moving forward. We have such a mechanism because of Russia’s desire to trade with Germany; we have to look at that. That trade can also help Ukraine, even though there is an issue with Russia’s Brotherhood pipeline, which comes through Ukraine. Actually, that pipeline earns Ukraine more than 2% of its GDP.

So there are significant issues that we can try to negotiate with Russia about in order to move forward and get Russia to honour its human rights obligations, its obligations to the Council of Europe and its obligations to the ECHR. Those are the significant issues we want to handle, and if we do not handle them and just completely isolate Russia, we will leave the Russian people completely to their own devices and without any international representation.

[Mr Liddell-Grainger]

The hon. Gentleman is making incredibly powerful points. However, having been a member of the Council of Europe for eight years, I gently say to him that Russia is determined to come in by the back door. It cannot come in through the front door because we, as western democracies, are saying, “No. We do not accept what you have been doing in Crimea and elsewhere.” I also gently say to him that one of the things we are trying to do—through our ambassador, the Foreign Office and other routes—is to make sure that Russia lives up to its responsibilities. We want Russia back, but it has to understand that what has happened is not the way to do things. I gently say that to the hon. Gentleman and no more.

[Mr Mahmood]

I think the hon. Member for Henley, who secured this excellent debate, made the point—and it is the essential point that I am trying to make as well—that if we completely isolate Russia, we will not achieve some of those objectives.

So I leave this to the talents of the Minister, who is more than able to negotiate. He should particularly take into account the relationship Germany has with Russia at the moment, our continued support for Ukraine over Russia’s Brotherhood pipeline, which goes through Ukraine, and the position that Denmark has taken in relation to pipelines. Those are the real issues that we should try to push Russia on, to get it to come to its senses and return to the table to negotiate an agreement with us.

[Mr George Howarth (in the Chair)]

Before I call the Minister, let me say that I know he will need no reminding that it is customary to leave a short time for the Member who secured the debate to sum up. I call Sir Alan Duncan.