FCO: Human Rights Work

Lord Swire Excerpts

Thursday 14th March 2013 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

As ever, it is a pleasure to serve under your chairmanship, Mr Havard. I join in the congratulations to the Chair of the Foreign Affairs Committee, the hon. Member for Croydon South (Richard Ottaway) and to Committee members for bringing their report to Westminster Hall today. However, I echo the comments of my hon. Friend the Member for Islington North (Jeremy Corbyn) about the need to spend much longer debating it. We had the same problem last year, and we could easily spend a whole day on it in the main Chamber to do justice to the issues raised. I hope that that matter will be considered next year.

Both the Chair of the Select Committee and the Chair of the Committees on Arms Export Controls, the right hon. Member for Tonbridge and Malling (Sir John Stanley), have brought their considerable experience to bear in their speeches. If we look around the Chamber today, we will see that the entire political spectrum is covered, and yet we are all committed to pursuing the issue of human rights and trying to ensure that the UK gives the matter greater priority. That is the one thing that has come through in all the speeches we have heard this afternoon.

The right hon. Member for Tonbridge and Malling used his expertise to talk about North Korea and Russia, as did my hon. Friend the Member for Ilford South (Mike Gapes). Last year, I went to Moscow to observe two days of the trial of Pussy Riot, which is an issue that is quite dear to my heart. This year is the 10th anniversary of Khodorkovsky’s arrest, and the two band members were held in the same glass box that was used to contain him when he came to court. From the people I met on that visit and from the numerous events that I have been involved in since calling for the release of the two remaining members of Pussy Riot who are still being held in penal colonies, it is clear that the human rights situation in Russia has deteriorated significantly. Human Rights Watch said recently that 2012 saw the worst crackdown since the fall of the Soviet Union. It will be interesting to see how that is addressed in next year’s report.

My hon. Friend the Member for Ilford South mentioned the deportation issue in Sri Lanka. I am also speaking in the next debate about Commonwealth day, so I will be covering that issue then as well. His points were well made. We need to revisit the issue of who we are deporting to Sri Lanka and the situation that they might face there.

My hon. Friend the Member for Islington North and the hon. Member for Cheltenham (Martin Horwood) discussed in some detail the matter of Israel and Palestine. I will not refer to it here, as it is a topic that is discussed in quite some depth elsewhere. For example, in Foreign Office questions last week, about half of the questions on the Order Paper were about Israel and Palestine. None the less, let me echo the concerns that have been expressed, especially about the failure of international law to make any progress. It is all very well to condemn the human rights situation, the illegal settlements, the route of the wall and, of course, the abuses on the other side, but there is always this sense of déjà vu; what can the Foreign Office do to address those issues, make some progress and try to ameliorate the situation for the many people who suffer human rights abuses?

Let me turn now to the detail of the report. Last year’s report noted the Foreign Office’s decision to omit Bahrain from the list of countries of concern in its 2010 human rights report, which was described as a “glaring omission” by Human Rights Watch. The Government’s response last year argued that many of the most serious events in Bahrain fell outside the 2010 period covered by the report, but that they undertook to ensure that next year’s report—the one we are discussing now—would address them. None the less, Bahrain is still not included as a country of concern, and the Committee has once again concluded that it should have been.

The FCO’s report included a case study of Bahrain, but Human Rights Watch has described it as “very weak”. Will the Minister elaborate on the reasons for including Bahrain as a case study rather than as a country of concern, and tell us who was involved in taking that decision?

Will the Minister commit to introducing more transparency and clear criteria for the designation of countries of concern, especially as Human Rights Watch has described the current rationale as “vague and unconvincing”? I also echo the questions that were posed about the Bahrain grand prix. It was a matter that we discussed in some detail last year. There seemed to be a lack of clear guidance as to whether it was appropriate for the 2012 grand prix to go ahead. Will the Minister advise us on the FCO’s position on the 2013 grand prix?

Boycotts are also mentioned in the report. As some Members have said, they can be a blunt instrument if they are used in a seemingly arbitrary way. As the Select Committee reported:

“It is difficult to discern any consistency of logic”

in the Government’s approach last year. Indeed, with the Euro 2012 matches in Ukraine, the Minister seemed to suggest that the Government would keep the attendance under review. It was said that if the England team progressed to the later stages of the tournament, the Government might be prepared to attend, but they would boycott the earlier stages, which seemed rather inconsistent and gave the impression that the Government were willing to attend if they received good PR and a nice photo opportunity back at home but were not too bothered about the earlier stages of the game.

Conflicting interests were a prominent concern in the Select Committee report as they were in the 2010 report. The Committee said:

“It is inevitable that the UK will have strategic, commercial or security-related interests which have the potential to conflict with its human rights values.”

The previous Minister with responsibility for human rights, the hon. Member for Taunton Deane (Mr Browne), advised that the Government saw no inherent contradiction between the Government’s pursuit of commercial interests overseas and the promotion of human rights, and the Government’s official response this year stated again that they “do not agree” with the Committee’s assessment.

It is troubling if the Government are not alive to the danger that their pursuit of financial investment from some countries could compromise or overshadow their message on human rights. Does the Minister at least acknowledge that there is the potential for conflict, and will he set out the Foreign Office’s strategy for managing that and ensuring transparency so that the Government’s human rights work is not compromised?

Only last month, there were reports that the Cabinet was split over how robust the UK should be on China’s human rights record given the country’s economic importance. Yesterday, along with other Members, I met a couple of constituents from Tibet, who were here to lobby us about continued human rights abuses in their country. I had to say that I strongly suspected that the matter of Tibet was not a priority for Ministers when they visit China, and I said that it should be.

The Prime Minister’s answers to my parliamentary questions suggest that he did not discuss the use of the death penalty during his recent visit to India.

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I did.

--- Later in debate ---

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

Mr Havard, I welcome the opportunity to set out in this debate the Foreign and Commonwealth Office’s work on human rights. I begin by thanking the Foreign Affairs Committee for its positive and constructive engagement with us on our human rights work. I am delighted to speak for the Government today on behalf of Baroness Warsi, the Minister with responsibility for human rights.

Given the slight shortage of time, I am rather inclined to support the idea that we should debate these matters for longer and I will simply be unable to respond to all hon. Members who have spoken. I have made a note of hon. Members’ questions—they are extremely good questions—and I will try to answer them, but if I do not I will commit to writing my replies.

At the outset of the debate, there was some discussion and some concern about the UK’s overseas interests and our human rights agenda, as if they were in some way contradictory. I do not really share some of the cynicism that was expressed, because the promotion and protection of human rights is at the heart of our foreign policy. Britain stands for democratic freedoms, universal human rights and the rule of law. We believe that individual demands for a better life can only be truly satisfied in open and democratic societies, and that it is peaceful, open economies that allow trade and investment to flourish.

I turn first to the 2011 report that we are debating, and our work in that year, and then I will move on to human rights developments during the course of 2012.

In response to the Committee’s feedback on the 2010 report, we made a number of changes to the 2011 report. We featured an in-depth look at the Arab spring and a chapter on our human rights priorities, and we reintroduced case studies to highlight issues of concern in countries whose overall record did not merit their inclusion in the countries of concern list.

In terms of achievements in 2011, the UK made a significant contribution to the promotion and protection of human rights worldwide. I shall limit myself to mentioning just three countries in particular. On Libya, we were instrumental in negotiating UN Security Council resolutions that paved the way for NATO action to protect civilians threatened by Gaddafi’s forces. Across the middle east and north Africa, the £110 million Arab partnership fund helped us to build more open and free societies on key issues such as empowering women, and promoting democracy and the rule of law. In Burma, my right hon. Friend the Foreign Secretary witnessed at first hand the positive changes that have taken place in the country when he became the first British Foreign Secretary to visit Burma since 1955. I subsequently visited Burma in December last year, and was able to visit Rakhine state, which is a subject of great interest to the House.

[Jeremy Corbyn]

Will the Minister give way?

[Mr Swire]

I will take just one intervention; I ask other Members to let me make some progress.

[Jeremy Corbyn]

I will make a very brief intervention. We obviously welcome all the democratic changes in Burma, but in his discussions in Burma did the Minister express any concern about the treatment of Muslim minorities and other minorities in the country at the present time?

[Mr Swire]

Yes, I can confirm that I have been doing a lot of work on that issue. I was the first Minister from Europe to go to Rakhine; I went to Sittwe and five different camps, and ever since then I have been raising the issue of the Rohingya people.

My hon. Friend the Member for Croydon South (Richard Ottaway), the Chairman of the Foreign Affairs Committee, asked a number of questions about Burma, including about the sanctions against Burma. The EU Foreign Affairs Council will review the sanctions against Burma in April. We have always said that the outcome of that review will depend on the progress that the Burmese Government have made against the benchmarks set out in the council’s conclusions of 12 January, including the need for meaningful progress on reconciliation with armed ethnic groups.

My hon. Friend also asked about political prisoners in Burma, which is another issue I have raised repeatedly with the Burmese. Independent experts estimate that there remain about 240 political prisoners in Burma, and we welcomed the announcement by the Burmese Government that the International Committee of the Red Cross has access to all jails and prisoners. We also welcomed President Thein Sein’s announcement on 7 February that the prisoner review mechanism will contain civil society leaders and Members of Parliament. We really want to see that happen.

On the issue of Rakhine, which was mentioned earlier, I have just told the hon. Member for Islington North (Jeremy Corbyn) about my work there.

My right hon. Friend the Member for Tonbridge and Malling (Sir John Stanley) raised the issue of Russia and the whole question of Mr Magnitsky. Yesterday both my Foreign Secretary and the Minister for Europe met the Russians and raised these issues with them repeatedly. As is well known—my right hon. Friend will know it if he has read the papers today—the Foreign Secretary met Russia’s Foreign Secretary Lavrov yesterday, and we will continue to raise these issues and bring those responsible for Sergei Magnitsky’s death to account. We also raised concern over the new measures restricting freedom of expression and putting pressure on civil society. It is worth saying that we fund a number of projects to support Russian civil society, and we continue to meet and provide support to those who are subject to harassment. I give an assurance that we will continue to do all we can to protect British nationals and our staff in Russia, as my right hon. Friend asked us to do.

[Mike Gapes]

On the issue of Russia, will the Minister give way?

[Mr Swire]

I must continue. All right, I will give way.

[Mike Gapes]

I am very grateful to the Minister for giving way. Can he just say on the record that the remarks by the chairman of the Russian Duma’s international relations committee on “Newsnight” yesterday were wrong?

[Mr Swire]

I did not see those remarks, so I will go and study them and then get back to the hon. Gentleman.

The 2011 report also highlighted the progress that we have made against our six specific human rights priorities. These priorities are: torture prevention; the death penalty; women’s rights; freedom of religion or belief; freedom of expression online; and business and human rights. In 2011, we saw significant strengthening of our focus on torture prevention through the publication of torture and mistreatment reporting guidance and the strategy for the prevention of torture, which we understand is the first such national strategy in the world.

My right hon. Friend the Member for Tonbridge and Malling raised the issue of Colonel Lama of Nepal. As the Minister with responsibility for Nepal, I know about the particular incident and I just say that the Government are very mindful of our obligations under the UN convention against torture, and every case will of course be subject to the due process of the law.

In 2011, we also reviewed our death penalty strategy, and we continue to pursue abolition, restriction, or—at the least—adherence to international minimum standards. The long-term trend is positive and we judge that the number of countries now carrying out executions has dropped by half since the mid-1990s.

Since publication of the 2011 report, the Foreign Secretary has launched the preventing sexual violence initiative to strengthen and co-ordinate international efforts to prevent and respond to atrocities involving sexual violence, and to break down the culture of impunity around such crimes. As I speak, the UN Commission on the Status of Women meeting is in its final sessions and we hope for a more positive outcome this year. My hon. Friend the Under-Secretary of State for International Development and other ministerial colleagues have been active in lobbying for a strong set of agreed conclusions. Incidentally, I very much welcome my hon. Friend’s campaigning work to end female genital mutilation.

As the Minister with responsibility for human rights, Baroness Warsi has made freedom of religion or belief a personal priority. She hosted a cross-regional meeting of Ministers in London in January to build political momentum to combat discrimination against people based on their religion or belief. We also remain a strong supporter of freedom of opinion and expression, not least on the internet. We speak out on countries that oppose or abuse this right, pressing them to uphold their international obligations. As the Committee knows, we played a leading role in supporting the development of the UN guiding principles on business and human rights, which were endorsed by the UN in June 2011. We have developed a strategy to implement and promote those principles.

In February 2012, we published our updated national action plan on UN Security Council resolution 1325 on women, peace and security, which highlighted work in Afghanistan, Iraq and the middle east, as well as in the UK’s own security operations. We became the first country to publish human rights guidance for our overseas security and justice sector work, and we reviewed and improved our already robust arms export controls.

In April last year, the Foreign Secretary announced an additional £1.5 million in funding for human rights projects, with particular emphasis on the countries of concern covered in the 2011 report. We have also made changes to the ways in which we bring in external expertise, which I think was one of the recommendations of the Foreign Affairs Committee, to inform and challenge our policy formulation.

The Foreign Secretary’s human rights advisory group has met twice yearly since it was first established in December 2010. This group of experts has brought valuable challenges to us on many human rights issues. We consulted the group on criteria for deciding the countries of concern for the 2012 report. We intend to report fully on the methodology used in the coming report. The report will be published in April and we look forward to the Committee’s response. I hope that the report will be published in hard copy too; I shall ensure that the comments by my right hon. Friend the Member for Tonbridge and Malling are taken on board.

We should never be complacent about human rights. No matter what progress is made, there remain huge challenges all over the world. We shall remain steadfast in support of human rights and democracy in the middle east and north Africa as difficult transitions take place. The Arab partnership initiative will help us to do that.

My right hon. Friend the Member for Tonbridge and Malling, the hon. Member for Islington North and my hon. Friend the Member for Croydon South raised a number of issues involving Bahrain. I am well aware of the Committee’s interest in Bahrain and the middle east. We welcome the national consensus dialogue that has begun and encourage all parties to remain engaged. However, the ongoing tensions are of concern, particularly the events around the 14 February anniversary. We condemn violent acts by any side, which will only hinder efforts towards reform and reconciliation. We remain supportive of the reforms underway and encourage Bahrain’s Government to show renewed energy in implementing them.

We will continue to focus on countries where we have not seen any improvement in human rights and democracy, such as Iran, where the regime continues to violate human rights with impunity.

Hon. Members mentioned North Korea, and we are concerned about the situation there. We take every opportunity to try and influence North Korea’s Government and work to improve the lives of vulnerable groups. However, given the lack of progress, we will co-sponsor a resolution in the current session of the Human Rights Council to recommend that the UN establishes a commission of inquiry into human rights abuses there.

We share the Committee’s concern, particularly that of the hon. Member for Ilford South (Mike Gapes), about human rights in Sri Lanka—we might discuss that in the debate following this one—not least relating to disappearances, political violence, free expression and judicial independence. More needs to be done, particularly on political settlement, accountability and reconciliation. It is worth putting on the record again that the Government have yet to make a decision about attending this year’s Commonwealth Heads of Government meeting. We look to Sri Lanka, as with any other CHOGM host, to show its commitment to upholding the Commonwealth’s values. All Commonwealth member states have agreed the Commonwealth charter setting out these values, which was signed by Her Majesty the Queen, as Head of the Commonwealth, earlier this week. I look forward to debating these and other issues later this afternoon.

We acknowledge the Committee’s strong interest in deportations with assurances. We firmly believe that we should be able to deport foreign nationals who are engaged in terrorist-related activities, but we will not deport someone if there are substantial grounds for believing they will face a real risk of torture in their home country, or where the death penalty will be applied. We recognise the considerable interest in the House in our DWA arrangements. Although there is no statutory requirement to lay memorandums of understanding before the House, the Government will, of course, continue to notify Parliament by written ministerial statement when new MOUs are signed and to place copies in the Library.

Both Syria and the Sahel, mentioned by the hon. Member for Cheltenham (Martin Horwood), remain high on the Government’s agenda. We condemn the ongoing human rights violations and abuse in Syria in the strongest terms. We call on all sides to put an immediate end to the violence, to respect international humanitarian and human rights laws, and to pursue a genuine Syrian-led political transition. We will continue to do all we can to help bring to account those responsible for human rights violations and abuses. The International Criminal Court should play a role in this.

We are encouraging partners in the Sahel region to build their capacity to tackle terrorism in a human rights-compliant manner. Allegations of human rights violations by members of the Malian armed forces are of concern. In line with Security Council resolution 2085, those responsible for violations and abuses must be held accountable. The UK has pledged 40 trainers for the EU training mission to the Malian armed forces, three of whom are civilians who will provide human rights training.

This has been a constructive debate. I have left a number of issues that I would dearly love to address, not least the situation in Israel and with the Palestinian authority, and the hope we all have in President Obama’s visit there shortly. However, there is a time limit in this debate. If any questions remain unanswered, I will be happy to write to hon. Members who asked them.