Government Policy (Kenya)

Martin Horwood Excerpts

Wednesday 20th March 2013 Westminster Hall

[Martin Horwood (Cheltenham) (LD)]

It is a pleasure to serve under your chairmanship, Mr Bone. I apologise to you and other Members, because I must leave before the end of the debate. I commend the hon. Member for Falkirk (Eric Joyce) on securing the debate and on the well-informed way in which he introduced it. He was right to warn in his closing remarks against a patronising neo-colonial attitude, and yet it is right to praise Kenya for being, in many respects, a model of stability over many decades, a sometimes patchy but none the less committed democracy in east Africa, and for the stability it has helped and attempted to bring to the rest of the region. He was right to refer in his opening remarks to Kenya’s important contribution in relation to Somalia, both in African Union forces on the ground and in anti-piracy operations, for which the whole international community has good cause to be grateful.

Kenya is an important and overwhelmingly democratic member of the Commonwealth of nations. It has strong cultural, political and other links to this country. I am probably not alone in having strong constituency links to Kenya; Cheltenham is twinned with Kisumu. The strong civic, educational and voluntary organisation links between Kisumu and Cheltenham extend to youth conferences, through the charity Global Footsteps, which operates in both Kenya and the UK, and are an example of the strong links between the two countries. Nevertheless, Kenya has faced challenges, many of which the Department for International Development has highlighted.

Although absolute poverty has declined somewhat, it remains high in Kenya. DFID figures show a decline from 52% in 1997 to 46% in 2006, which is progress, but not great progress. They also highlight the fact that inequality remains high, that about 25% of Kenyans do not have enough income to meet their basic food needs, and that progress on the millennium development goals has been patchy and especially weak on issues such as maternal and child health. New approaches to providing basic services, such as health and education, are needed if the millions of poor Kenyans are to prosper. I entirely endorse that view.

DFID also highlights the political risks. Kenya’s image as a stable democracy faced great challenge at the time of the previous elections. The violence and issues with the ICC that followed pose a risk to not only Kenya’s reputation, but its progress. It is striking that the one year in which an otherwise incredibly impressive economic growth rate was not achieved was that which followed the election violence.

Kenya’s level of corruption and transparency, and the impunity that still exists, are difficulties. It is sad to note that Kenya is ranked 154 out of 182 countries on the Transparency International corruption perception index. Important parts of British Government policy towards Kenya are directed towards what might be termed the more traditional forms of aid and development support, but strong emphasis is also rightly placed on governance. The DFID programme stretches to work on health—HIV/AIDS, in particular—education, humanitarian aid and social protection, but it also includes trade growth, private sector development and a deliberate programme on governance.

That programme has included making people aware of the importance of their right to vote and how to register, which resulted in 12.7 million voters, 49% of whom were women, registering for the referendum not long ago on Kenya’s constitution. UK aid has also been used to increase the transparency and accountability of Parliament by opening parliamentary committees to the public and showing live debates on TV—something to which I am sure we can all relate. It has also provided support for organisations independent of Government that investigate corruption and monitor how taxpayers’ money is spent. For example, the National Taxpayers Association monitors Government use of taxpayers’ money. That emphasis on governance is absolutely right and important.

We have just seen a presidential election, and I suppose that it is absolutely right to congratulate Mr Kenyatta on his victory, but at the same time it is right to point out that he has in the past bravely said that he will comply with the International Criminal Court process. His commitment is welcome, and I hope very much that he maintains it. Kenya is a party to the International Criminal Court, and that is a matter of pride for Kenya. I am not sure whether the hon. Member for Falkirk was implying criticism of the International Criminal Court process—a process I consider extremely important—but he mentioned that it sometimes seems to go light on countries such as China. Unfortunately, and regrettably, China is not a party to the International Criminal Court.

[Eric Joyce]

I do not intend to be critical of the ICC per se. I referred to the fact that the ICC’s remit effectively covers the whole world, because permanent members of the Security Council can refer cases to it whether or not the country involved is a member. Technically, therefore, the ICC covers China, Russia and anywhere else, but those countries might not consider it in their interest, and I can understand that.

[Martin Horwood]

I take that point. It is important that, as far as possible, all countries comply with, take part in and support the International Criminal Court process. It is a matter of pride for this country and for Kenya that we have been parties to the International Criminal Court system and that we support it, and I hope that Mr Kenyatta continues to support his country’s participation in the process.

Some interesting comments were made during the election campaign, particularly the references to the British high commissioner and the implication that there was undue influence on behalf of the British Government in the election. That was an unwise accusation, which I am sure is rejected absolutely by the British high commissioner, Christian Turner, who has a very high reputation. We ought, perhaps, to approach that with humility; we all sometimes say things in election campaigns that we regret. Once in a position of responsibility, however, we need to move on, and the same should apply to Mr Kenyatta. He should now swiftly bury the hatchet and move on to building much better relations with the British Government, because there is a potential benefit for both parties.

I have referred to Kenya’s growth rate. It has achieved a rate of 5% over most years in the past decade, which is something I suspect the Chancellor of the Exchequer would give his eye teeth to be able to report about the UK later today. Kenya’s economy is the largest and most diverse in east Africa, and the country is potentially a very valuable economic, trading and political partner for this country. I think that we would all want to see a process whereby Kenya moved from being an aid recipient, and came out of that post-colonial mentality and relationship entirely, into a relationship in which Britain and Kenya regarded each other as friends, and economic and political partners. That should be the future for Kenya, and I hope that British Government policy towards Kenya will do its utmost to make that a reality.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)]

It is a pleasure to be here and to serve under your chairmanship, Mr Bone.

May I begin with an apology to colleagues? One is never quite sure with an aeroplane malfunction—in the case of my flight from New York last night, a back-up generator on the starboard engine of the aeroplane was not working—whether to be annoyed at the loss of three fairly vital hours, or grateful at the skill of the pilots and engineers in recognising something that might have caused the passengers harm. On balance, I think it is best that I say that I am very appreciative of being here, but I am also very grateful for your courtesy, Mr Bone, and that of all colleagues in the Chamber for appreciating my dilemma.

[Mr Philip Hollobone in the Chair]

It was, however, not very long after the start of the debate that I got to the Chamber, so I was able to hear the majority of the speech made by the hon. Member for Falkirk (Eric Joyce). I thank him for securing the debate, for his continued interest in Africa, which he has demonstrated on a number of occasions, and for his courtesy in informing my office of the general topics that he wanted to raise today. That enabled the preparation of advance briefing that I could read while I was in the US and on my way back, which proved to be fairly beneficial.

I thank all hon. Members who participated in the debate for their contributions. The tone of the debate—the hon. Member for Strangford (Jim Shannon) was kind enough to mention that I sometimes pick this up—has been very much one of support and encouragement. We have heard of personal knowledge from visits and a sense of moving on, with hon. Members recognising that few states are completely free of difficulties and political clashes. However, it is important to move on, and all the opportunities are there for Kenya, with which we have a deep and abiding relationship. If hon. Members will allow me, I will take a little extra time to say a bit about that relationship and to reflect on the comments that they made.

This is an historic moment for Kenya, as it prepares for only its fourth President since independence, so this is a timely moment for the House to take stock of how the UK’s relationship with Kenya has changed since independence. At the outset, let me be clear about the United Kingdom’s perspective on the relationship. Although we are often still thought of as the former colonial power, the modern-day relationship between the United Kingdom and Kenya is one of partnership. We are bound together by strong commercial, security and personal links that benefit both our countries, not least of which, as the hon. Member for Wrexham (Ian Lucas) said, is our growing parliamentary link through the IPU, the CPA and the parliamentary armed forces scheme. From my work around various countries, I have seen how valued those parliamentary links are by people who are building democracy, who are always searching for ideas. Equally, I have seen how we benefit, as the hon. Gentleman said, from swapping ideas with newer democracies, some of which are doing innovative work that it is more difficult to do in a more established Parliament such as ours. We all benefit from that.

Let me say a little about the general relationship before turning to the specifics that the hon. Member for Falkirk mentioned, particularly the elections and the ICC. The United Kingdom is the largest commercial investor in Kenya and home to half the top 10 tax-paying companies in the country. More than 200,000 British nationals visit Kenya every year—the largest number of visitors from any country. As colleagues have mentioned, the tourism industry is vital. A similar number of Kenyans live in the United Kingdom, and the benefits include the remittances sent back to the Kenyan economy. We are the second largest bilateral donor to Kenya, contributing more than £100 million a year, and I will say a little more later about the development matters that the hon. Member for Cheltenham (Martin Horwood) mentioned.

The British Army trains 10,000 British soldiers in Kenya every year, to the benefit of the Kenyan armed forces, as well as the wider local economy. Let me say a little more about that because it was mentioned, in particular by the hon. Member for Strangford. The British military has trained in Kenya for decades, and we have an excellent, long-standing relationship with the Kenyan armed forces and the local communities surrounding the training areas. Kenyan troops are also trained at the MOD base, and Kenyans are routinely welcomed to attend training courses at staff colleges in the United Kingdom. The relationship is a partnership, and it is governed by a memorandum of understanding that was signed by both sides in 2010. When issues arise, we always seek to resolve them through discussion. We will continue to have a strong shared interest in working together on important security issues, starting with Somalia, which a number of colleagues mentioned, where Kenyan troops still play an important role in pushing back al-Shabaab.

The hon. Member for Strangford mentioned piracy off the east coast. Kenya is, indeed, an important partner in dealing with piracy. I recently had the opportunity to visit Northwood, where all the east coast of Africa’s maritime operations, involving 27 countries, are co- ordinated. I also recently had the opportunity to visit the area to see some of the work being done. All states in the region play a vital part in that work, which is partly political and partly military. There have been no successful hijackings over the past year or so of vessels carrying an armed guard, and we now have 80% fewer hijacking cases, although four ships and 108 hostages are still being held. That dramatic success has been due to a lot of hard work by the various countries involved, skilled leadership, in which the United Kingdom has been heavily involved, and the application of resources. We must continue that work so that the piracy issue does not arise again, because it is far from solved. Of course, development efforts on the ground are also crucial in giving some of the young people sent by the ringleaders to do the hijacking at least the possibility of an alternative occupation.

I was recently in the Seychelles to open the new criminal prosecution centre, which the United Kingdom has paid for. It will deliberately target the ringleaders—there are expected to be about a dozen in the area—who cause so much damage to so many people. That is a measure of the commitment to dealing with this issue, and Kenya is, indeed, a key player. Dealing with piracy is a priority for our Nairobi mission and our Somalia embassy, and their work is well resourced. However, I will look at the issue again, as the hon. Gentleman asked me to, just in case there is anything further that can be done.

It is clear that Britain and Kenya matter significantly to each other. The Government therefore look forward to building on our substantial shared agenda in our partnership with the next Kenyan Government.

The March elections were a key aspect of the remarks made by the hon. Member for Falkirk. As Members will have seen, the Minister for Africa, my hon. Friend the Member for Boston and Skegness (Mark Simmonds), made a statement following the announcement of the results by the Kenyan electoral commission. Two things stand out for us. The first, which colleagues have mentioned, is the determination of the Kenyan people to express their sovereign will, as was demonstrated by the impressive turnout and the way in which many Kenyans waited patiently for hours to vote. The second is the largely peaceful conduct of the elections, which was in stark contrast to the violence of 2007-08.

Kenyans everywhere, including civil society, religious groups and Kenya’s youth, have spoken out for peace. We welcome the important role played by Kenya’s leaders, from all parties, in urging their supporters to exercise their democratic right peacefully, to show restraint and, above all, to refrain from violence. We welcome, too, the way in which those who have been unsuccessful in the various elections have accepted defeat or, in some cases, taken their disputes to court for peaceful resolution. That is the clearest sign that Kenya has learned lessons from the appalling violence that followed the elections in December 2007, which led to more than 1,000 deaths and to hundreds of thousands people being displaced. The Kenyan people should be proud of the message they have sent to the world about their determination to exercise their democratic right peacefully.

I am proud, too, that the UK has played a role in supporting the democratic process in Kenya, including by providing £16 million in funding to support free and peaceful elections, much of which was delivered through the United Nations Development Programme’s election basket fund. Our support helped to put in place a more accurate voter register and an independent parallel vote-counting system, and thus to ensure that more than 14 million Kenyans were registered to vote and had greater confidence that their vote counted.

However, the election process is not yet complete. The Coalition for Reform and Democracy has challenged the presidential result, and its petition is being considered by the Kenyan Supreme Court. That is an important part of the checks and balances put in place by the new constitution to ensure that disputes are taken to the courts, not the streets. We continue to urge all sides to show restraint and to wait patiently for the court’s ruling. The United Kingdom’s position is consistent and clear: it is for the Kenyan people to elect their leaders and for the Kenyan courts to resolve any disputes. In that context, we need to be even more careful than usual in our public statements that we do not unintentionally influence or prejudge what the courts will say.

The hon. Member for Wrexham mentioned the EU, but it is too soon for us to have received its report. We are collating the information. We will observe the challenge in the Supreme Court, but it is a little too soon to say anything further. However, my remarks about the way in which we have been able to play a part in the election process, and the way in which that has been received in Kenya, suggest that the influence of supporters from outside has helped the Kenyan people in their determination to ensure that the election process is good and strong.

We utterly reject any allegations of interference by the British Government or the British high commissioner. I am grateful to hon. Members for their comments made in relation to Christian Turner. We have always said that this election is a choice for Kenyans; it is for them alone to decide. We did not endorse any one candidate over another. It is for the electoral commission and courts to resolve any disputes.

Looking ahead, some people have expressed concern that the UK will reduce its co-operation with Kenya because of the charges pending against President-elect Uhuru Kenyatta at the International Criminal Court. That assertion is not based on facts. We are motivated by a desire to respect Kenya’s sovereignty and to ensure that the Kenyan court is able to do its work free from interference. We are confident that it will adjudicate swiftly and fairly, and we call on all sides to respect its independence. Irrespective of who emerges as the confirmed winner, I am confident that the UK will want to continue working with the next Government in Kenya; to continue supporting a reduction in poverty; to continue helping UK companies looking to invest in Kenya in support of Kenya’s Vision 2030; and to continue working together on security and stability in Somalia. Fundamentally, both our nations have a strong interest in working in partnership in pursuit of these shared goals.

The International Criminal Court proceedings regarding Kenya are, of course, a controversial topic, on which I am happy to clarify the UK’s position. Kenya and the UK share the same values of justice and peace. As the Foreign Secretary said in July last year,

“We have learnt from history that you cannot have lasting peace without justice, accountability and reconciliation.”

That is why we continue strongly to support the International Criminal Court’s work around the world, including its efforts to provide justice for the victims of the 2007-08 violence and to help Kenya move on from the past.

The ICC is an impartial, independent court. Alongside Kenya, 121 other countries are states that are party to its founding Rome statute, and there are more states that are party from Africa than from any other region. To respond to the concern expressed by the hon. Member for Falkirk about whether there is unfair bias against Africa, and whether the ICC pitches its cases against the less powerful rather than the more powerful, I have to say that we reject that suggestion. The ICC, an international independent organisation, is a court of last resort providing for the primacy of national jurisdiction. It steps in only when a country cannot or will not investigate and, when necessary, prosecutes fairly the most serious crimes in the international community. It puts victims at the centre of its work. Accusations to the effect that the ICC has focused solely on Africa are understandable, as all 15 cases formally under investigation are from the African continent, but the ICC itself is conducting preliminary examinations outside Africa, including in Afghanistan and Colombia.

We understand that civil society in Africa strongly supports the work of the ICC and the justice that it can and will deliver for many Africans. In every African situation in which the court has been involved, either the country in question—or, when relevant, all African states on the United Nations Security Council—have supported its involvement. Fatou Bensouda’s appointment as prosecutor, by consensus of all states that are party to the agreement, is a clear indication of Africa’s important role in the court. We hope that that will go some way to addressing the concern expressed by some African states that their voices are not being heard.

[Martin Horwood]

Does the Minister agree that there are other international judicial processes, such as those relating to the former Yugoslavia, where the ICC has not been necessary, because an effective international judicial process has been available and has been rigorously pursued?

[Alistair Burt]

My hon. Friend makes a fair point.

The focus on Africa is due to the number of cases, as has been mentioned, but it is unfair to infer from that that there is an unfair bias. The support of African nations and states for this work, which adds an essential element of transparency and accountability for some of the issues of the past, should not be neglected. It is important, as hon. Members have said, that the net is spread fairly and widely to catch those who have been most active contrary to the law.

Polls have consistently shown a strong desire for justice among the Kenyan people. In Kenya, the ICC became involved only after the Kenyan Parliament’s decision not to establish a special tribunal. We judge that that has helped to challenge the culture of impunity and to show there is no place for hate speech or incitement to violence in the new Kenya. Consequently, we continue to urge the Kenyan Government and all those facing charges to co-operate with the ICC. We welcome the co-operation that has already been provided, which marks Kenya out as a country that wishes to respect its international obligations. We are equally clear that a defendant is innocent unless proven guilty by a court of law. It is not for the UK, nor anyone other than the court, to pass judgement.