Human Rights in Saudi Arabia

Lord Bellingham Excerpts

Thursday 18th July 2019 Westminster Hall

[Joanna Cherry (Edinburgh South West) (SNP)]

It is a pleasure to serve under your chairmanship, Sir Henry. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing the debate and on all his expertise and work on this important area. His speech dealt with three issues, broadly speaking.

First, the right hon. Gentleman spoke about the detainees who are opponents of the regime, and the very concerning lack of regard for international human rights norms and the rule of law in their treatment. I associate the Scottish National party with what he said and with all four of his asks to the Minister: I will be interested to hear the Minister’s reply to them.

Secondly, the right hon. Gentleman dealt with the issue of capital punishment, reminding us that the capital punishment of children is absolutely forbidden under international law. The examples that he gave were chilling, and it is chilling to think that other children await a similar fate. The United Kingdom is a union of countries that are supposed to be opposed to capital punishment in all circumstances. The representations that the right hon. Gentleman demanded in respect of the three young men who are awaiting execution are right and proper, and he stressed that the UK Government must state their opposition to capital punishment—particularly in respect of children—loudly and publicly.

Thirdly, the right hon. Gentleman dealt with why these matters should matter to us in the United Kingdom—because we are a close commercial, security and intelligence partner of Saudi Arabia. I listened with great interest to what the hon. Member for Reigate (Crispin Blunt) and the right hon. Member for New Forest East (Dr Lewis) had to say in relation to the moral difficulties here, and I took on board what they said. It is easy to wring our hands and perhaps it is not easy to find a solution, but there are certain things that are absolutely beyond the pale, and the execution of children is beyond the pale. In addition, for any of us who believe in human rights and the rule of law, detention without trial is also beyond the pale.

That leads me to some points made by a number of speakers this afternoon. The hon. Member for Henley (John Howell) talked about the way in which women and girls who have been trafficked or kept as modern slaves are suffering in Saudi Arabia, and described the sort of domestic servitude in which they are held. He also touched on the issues of women’s and girls’ rights, which were alluded to by the hon. Members for Hammersmith (Andy Slaughter) and for Hornsey and Wood Green (Catherine West). Also, the hon. Member for Reigate is to be commended for the interest that he has taken in the plight of female detainees in Saudi Arabia, and I will devote the few comments that I will make to the issue of the human rights of women and girls in Saudi Arabia, particularly looking at the women who have been rounded up and detained in relation to their feminist activism about the right of women to drive.

We all know that women in Saudi Arabia face formal and informal barriers when they attempt to make decisions or take action without the presence or consent of a male relative, and some speakers today alluded to Saudi Arabia’s discriminatory male guardianship system, which remains intact despite pledges by the Saudi Arabian Government to abolish it.

It is interesting to observe that in June Saudi Arabia passed a law on sexual harassment with a sentence for offenders of up to two years’ imprisonment, which can be increased in certain circumstances. However, that law also provides that anyone who falsely reports a crime of harassment or falsely claims to have been a victim shall be sentenced to the same punishment as for the offence that they alleged took place. That could be used to punish victims. I am all in favour of the concept of innocent till proven guilty, but I do not believe that the law should be used to punish victims, and there is a real risk that the way in which this law against sexual harassment has been introduced in Saudi Arabia will deter victims from coming forward.

In February, the Saudi authorities came before the UN Committee on the Elimination of Discrimination against Women to defend their record on women’s rights, and the committee called on Saudi Arabia to accelerate efforts to abolish the male guardianship system, adopt an anti-discrimination law and adopt a written, unified family code, based on the principles of equality and non-discrimination.

However, as I said earlier, perhaps the most concerning example of the abuse of the human rights of women comes with the treatment of those feminists who have campaigned to lift the long-standing ban on women driving. As the hon. Member for Hornsey and Wood Green said, the right to drive is an important one; it is fundamental to women’s autonomy for them to have the option to be able to travel freely, in the way that men can take for granted.

It is very concerning that there has been a wave of arrests of prominent women’s rights activists. They have been charged with serious crimes, such as suspicious contact with foreign parties, and Government-aligned media outlets then carried out an alarming campaign against them, even publishing their photographs with the word “Traitor” branded across their faces.

In March, a number of those women—including Loujain al-Hathloul, who I will say a little about in a moment—appeared before a court and were charged with communicating with external hostile powers, providing financial support to external parties, and luring and exploiting minors to work against the Kingdom of Saudi Arabia. Basically, the women were women’s rights bloggers who had been advocating for gender equality, including the right of women to drive. Despite the fact that that right has now been granted in Saudi Arabia, those women have been imprisoned; some of them are still in prison.

When those women appeared before the court in March, they were not informed of the charges before the hearing, they were not permitted to speak during the proceedings, and no lawyers or foreign journalists were permitted to attend the hearing, which of course is absolutely unacceptable.

Some of those women have now been released, but others are still in custody. Loujain al-Hathloul has been imprisoned for more than a year and when her parents visited her last December, she showed them black scars on her thighs that had been caused by electric shocks. Also, towards the end of May, a Guardian journalist interviewed Loujain al-Hathloul’s brother, who explained what kind of person his sister is. All her life, she has advocated for women’s rights, but she was pulled over while driving in the United Arab Emirates last year and deported back to Saudi Arabia. Basically, what began then was a really brutal campaign to silence her. She claims that she was detained for three days, then freed, before being seized again from her family home in Riyadh, blindfolded, thrown into the boot of a car and taken to a detention centre, where she was tortured and threatened with rape and death.

As a feminist—I am sure that all the men in Westminster Hall also count themselves as feminists as well—I have to say that that treatment was absolutely unacceptable. I make no apology for focusing on the particular issue of women’s and girls’ rights, but it reflects on the overall approach of a regime when we see, as others have said eloquently today, the way that it treats journalists, the rights to freedom of speech and freedom of expression, and religious minorities.

So, while I take on board all that Conservative Members have said today to urge some caution in the way that we deal with these matters, I wholeheartedly support the points made by the right hon. Member for Orkney and Shetland, I wholeheartedly associate myself and my party with the asks that he has made of the Government, and I very much look forward to hearing what the Minister has to say in due course.

[Sir Henry Bellingham (in the Chair)]

I thank the hon. Lady for that very succinct wind-up.

[Fabian Hamilton (Leeds North East) (Lab)]

As always, Sir Henry, it is a pleasure to serve under your chairmanship.

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing this debate and on his excellent introduction to it. He rightly pointed out that Saudi Arabia is a very important nation in the region and in the Gulf area. However, as he also said, the human rights situation in Saudi Arabia is getting worse.

Of course, the right hon. Gentleman also told us about the many people who have been held since 4 November 2017 and tortured; some fatalities have also been recorded. He asked the Minister for a number of things to be made clear, one of which is whether the Minister would ask for proof of life of those detained, and clarification of specific charges, and like every other Member in Westminster Hall today I wait to hear the Minister’s response to that.

The right hon. Gentleman also reminded us of the urgent question that was tabled in the main Chamber of the House of Commons recently regarding the 37 executions that took place on 23 April. Many right hon. and hon. Members have told us some of the details of those executions, which are horrific, but the most important issue is that three of those who were executed—brutally executed—were still children at the time of their alleged offences. The right hon. Gentleman also said that the UK Government need to be more public in their condemnation of the Saudi Government, which was a feeling echoed by many this afternoon.

We also heard from the hon. Member for Henley (John Howell), who always makes an excellent contribution to debates in this place. He concentrated—rightly—on human rights in Saudi Arabia, specifically on modern slavery and the abuse of women. His contribution to the debate was very important and relevant.

Then, my hon. Friend the Member for Hammersmith (Andy Slaughter) talked about Mohammed bin Salman being seen originally as a reformer, but of course we now know, having seen his regime develop, that that is not the case. There has been no contrition whatever over the murder of journalist Jamal Khashoggi. My hon. Friend mentioned arms sales to Saudi Arabia; he also mentioned that in other countries, many of those held on death row would have been seen as simply exercising their democratic rights. When will Saudi Arabia be able to do the same, and not regard those democratic rights and criticisms as crimes against the state? He also said that the United Kingdom was colluding with abuses in Saudi Arabia, and I am sure that the Minister will reply to that point.

The right hon. Member for Reigate (Crispin Blunt)—sorry, the hon. and gallant Member; he is not right honourable—

[Sir Henry Bellingham (in the Chair)]

Not yet.

[Fabian Hamilton]

Not yet; I am sure he will be very soon. He told us again that Saudi Arabia was an important ally, which is absolutely true. However, like many of our allies, we must hold them to account for abuses that are taking place in those countries, and I believe we should never be apologetic about that. Saudi Arabia is, of course, a human rights priority for the Foreign and Commonwealth Office, and the hon. and gallant Gentleman said that disengagement from Saudi Arabia would send a very bad message to other human rights abusers: that if we did not like what was going on there, we had no more to do with them. Maybe he has a point.

My hon. Friend the Member for Hornsey and Wood Green (Catherine West) talked about the vote in the House of Representatives in Washington to block the supply of munitions for the war in Yemen, which is an important point. She also said that there were question marks over the accuracy of the targeting of some of the weapons—some of which may well have been supplied by the United Kingdom—used against schools, hospitals and innocent civilians in Yemen. That is an issue that we have discussed on many occasions.

The right hon. Member for New Forest East (Dr Lewis) mentioned Robin Cook’s ethical dimension to his foreign policy, something that we are all trying to build on. Certainly, we on the Opposition Benches hope to build on that in preparation for being in government after the next general election is held, whenever that may be. However, the right hon. Gentleman rightly said—as every right hon. and hon. Member has said this afternoon—that we should never be silent in criticising regimes, even when the relationship is vital to our national strategic interests. One cannot disagree with him. He said that there is no morally perfect solution, and I certainly support that view.

As I have said and according to the former Minister, the right hon. Member for North East Bedfordshire (Alistair Burt), Saudi Arabia is a Foreign and Commonwealth Office human rights priority country. FCO officials have consistently stated that they regularly discuss human rights with the Saudi Government. We have also heard that Saudi Arabia is to host the next G20 summit next year. Agnès Callamard, the UN special rapporteur on extrajudicial, summary or arbitrary executions, has urged the G20 countries to reconsider holding that G20 meeting in Saudi Arabia in the light of the death of journalist Jamal Khashoggi.

As has been referenced in some of this afternoon’s contributions, the Saudi authorities set up the specialised criminal court system in 2008, ostensibly to prosecute terrorism-related cases. In 2014, the Saudi Government issued a new penal law for crimes of terrorism and finance, which broadened the authority of the SCC to prosecute anyone who

“disturbs public order, shakes the security of society or subjects its national unity to danger, or obstructs the primary system of rule or harms the reputation of the state”.

That broad language has been used to arrest and prosecute many human rights defenders and try them in the SCC. The SCC is highly restrictive and refuses to allow even diplomats to observe its trials, in clear violation of the Vienna convention. The Foreign Office has already criticised Saudi Arabia for not allowing diplomats to observe the trials of women’s rights defenders in March 2019. I wonder whether the Minister can update us on what conversations he or his colleagues have had with the Saudi Arabian Ministry of Foreign Affairs regarding access to the SCC by our, and other countries’, diplomats.

Saudi Arabia continues to detain people without charge for indefinite periods, and—this is the important thing—without access to counsel or fair trials. Many arbitrary arrests are made to deter others from speaking up, such as women’s rights defenders, as the spokesperson for the Scottish National party, the hon. and learned Member for Edinburgh South West (Joanna Cherry) said. As we have also heard, many prisoners are denied the medical attention that they often desperately need.

Saudi Arabia is one of the most prolific users of the death penalty in the world, often doing so in mass executions of over 30 people, as happened in April this year. According to Reprieve, since the ascension of King Salman to the throne in January 2015, the state has signed off more than 700 death sentences as of May 2019. In the first six months of this year, Saudi Arabia executed 122 people, making it the bloodiest year since 2015. During the same period in 2017, 41 people were executed; in 2016, that figure was 88, and in 2015, it was 103. Reprieve also noted that in 2018, at least 12 human rights activists were sentenced to death.

We have heard a bit about women’s rights this afternoon. In mid-2018, Saudi authorities arrested prominent women’s rights activists, many of whom are still in detention today, although I am glad to hear that some have now been released. The Saudi Government are allegedly planning to relax the strict guardianship laws to allow women to travel without requiring the permission of their male guardian. However, as we know, the Saudi Ministry of Interior has created a smartphone app called Absher that notifies a male guardian if a woman under his guardianship passes through an airport. He can then automatically withdraw her right to travel. No other country in the world has such restrictions on women. As we have heard, after lifting the ban on women being able to drive in the kingdom, the authorities jailed the women activists who had been campaigning for that right for years. Loujain al-Hathloul, Eman al-Nafjan and Aziza al-Yousef were jailed under the country’s cyber-crime laws, which can carry sentences of up to five years in jail.

Since the protests related to the Arab spring broke out across the region in 2011, more than 50 children have been arrested in Saudi Arabia. Some remain in custody, lacking any kind of due process. At least six individuals arrested as minors were executed in the first half of 2019. On 24 April, six minors were beheaded in a mass execution; none had been informed of their impending execution, and all were refused the right to see family members before they were executed.

Saudi Arabia has been a signatory of the convention on the rights of the child since 1996. Under that convention, a minor is described as anyone under the age of 18; under international law, it is illegal to sentence a person under 18 to death. Murtaja Qureiris, aged 18, has been sentenced to death by the Saudi authorities. He was arrested in September 2014, aged just 13 years old. Thanks to international pressure, he was given a stay of execution last month, but we do not know how long that will last for. We have heard about Ali al-Nimr, Abdullah al-Zaher and Dawood al-Marhoon, three other juveniles who were arrested in 2012 and sentenced to death. They were tortured, and confessions were forced out of them.

The UK continues to give assistance to Saudi Arabia despite a deepening crackdown on dissent. Saudi Arabia is a key ally in a strategically important region; it is an important partner in trade, investment, education, counter-terrorism, defence and energy security. The Minister for the Armed Forces, the right hon. Member for Milton Keynes North (Mark Lancaster), has written:

“We are committed to maintaining and developing the relationship.”

Recently, the former British Foreign Secretary David Miliband told The Washington Post:

“All those countries that have a relationship with Saudi Arabia need to use those relationships in a way that curbs the failed war strategy in Yemen.”

In February 2019, the Lords International Relations Committee stated in a report that the United Kingdom was

“on the wrong side of the law”

by allowing arms exports to Saudi Arabia for the war in Yemen. That was before the Supreme Court judgment. That report stated that

“relying on assurances by Saudi Arabia and Saudi-led review processes is not an adequate way of implementing the obligations for a risk-based assessment set out in the Arms Trade Treaty.”

Labour has consistently criticised the UK Government for allowing arms sales to Saudi Arabia, especially for their use in the civil war in Yemen. The shadow Foreign Secretary, my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry), has said that

“Ministers have wilfully disregarded the evidence that Saudi Arabia was violating international humanitarian law in Yemen, while nevertheless continuing to supply them with weapons.”

Labour has continually called for a full parliamentary or public inquiry to find out how that has happened.

A UN report earlier this year said Saudi Arabia executed an “extrajudicial killing” by a 14-man team linked to Crown Prince Mohammed bin Salman. At least 30 journalists are detained in Saudi Arabia. Saudi blogger Raif Badawi was sent to prison in 2012 for insulting Islam and has received 50 of the 1,000 lashes he was sentenced to. Saudi Arabia is ranked 172nd of 180 countries in 2019’s world press freedom index.

--- Later in debate ---

[Andy Slaughter]

Would the Minister also like to take the opportunity to state the Government’s policy on the extradition or return of anyone to another jurisdiction that practises capital punishment, and to explain that they would not do so except on the undertaking that that would not be used? We have had recent examples of queries about that, and it would be helpful to get an unequivocal statement from the Minister.

[Sir Henry Bellingham (in the Chair)]

We need to be a bit careful not to deviate from the subject of the debate.

[Dr Murrison]

But the hon. Gentleman does give me the opportunity to say once again that the United Kingdom condemns capital punishment in all countries and in all circumstances. I do not think the English language contains a form of words that could make that more explicit.

I hope it is abundantly clear from all I have said that we have held Saudi Arabia to account at every opportunity. It goes well beyond the hand-wringing that the right hon. Member for Orkney and Shetland spoke about. I am sure he did not mean to imply that consecutive Governments, including the one in which he was a senior Minister, have indulged in hand-wringing, but I sensed in his remarks a degree of frustration that we cannot do more to achieve an effect. As a Minister in the Foreign Office, I certainly know that frustration and live with it all the time.

The hon. Member for Hammersmith tried to paint the Government into a conspiracists’ corner and cited arms exports and detainees. The hon. Member for Hornsey and Wood Green also spoke about arms exports. It is certainly true that some people call for defence and security exports to be halted on moral grounds, which is a perfectly respectable position to adopt, but the legality of our arms exports rests on our rigorous application of the consolidated criteria. The UK takes that responsibility very seriously.

I am not persuaded by calls for a broad-brush end to defence and security exports, for three primary reasons. First, to stop our defence and security exports would signal a disregard for Saudi Arabia’s legitimate security concerns. Regional tensions are acute. Saudi Arabia has faced missile attacks on critical national infrastructure and faces cyber-attacks, as do we. Our system of export licensing supports responsible exports that meet legitimate defence and security needs. Revoking long-standing defence and security co-operation would undermine Saudi Arabia’s ability to protect itself, creating a vulnerability that could be exploited by malign regional actors. Secondly, halting exports of materials and skills in this area would not prevent Saudi Arabia from procurement elsewhere. Alternative partners of Saudi Arabia are unlikely to exhibit the same standards as our rigorous and robust arms export regimes do. Thirdly, it is no secret that Saudi Arabia is the UK’s largest defence export market. The adverse economic impact on the UK’s defence industrial base, which translates into real jobs for real people in our constituencies, would be significant. Before simply waving those off and batting them away, I would have to be wholly convinced that the aforementioned two points were adequately satisfied, which I do not think I ever will be.

Let me be clear about the anguish and anxiety that I, my ministerial colleagues and officials go through in approving anything that might be used to inflict harm and damage internally or against civilian populations. I have been a Minister in this Department for two months, and the number of these matters I have seen is fairly small, but I can say to this gathering that nothing I have done has caused me more anxiety and anguish than the situation in Saudi Arabia. It is important that people know the amount of work that goes into this, and the district and appellate courts have made that perfectly clear.