FCO: Human Rights Work

Mike Gapes Excerpts

Thursday 14th March 2013 Westminster Hall

[Mike Gapes (Ilford South) (Lab/Co-op)]

I am grateful to be called early, Mr Havard. I begin by taking up the question on Russia, which my friend the Chairman of the Committee, the hon. Member for Croydon South (Richard Ottaway) left us with. The chairman of the Duma international relations committee, Alexei Pushkov, was on “Newsnight” yesterday, and I am sure the Minister will have been shown a transcript of what he had to say. He said—I am paraphrasing, because I do not have a transcript—that Blair and Brown were hostile to Russia and raised questions on human rights and other matters, but that David Cameron’s attitude was different and the British Government have a new approach. Will the Minister clarify the Government’s position, given that there have been discussions with the Russian Foreign Minister and Defence Minister in London in the past week?

Is there a new approach that downgrades human rights concerns about events in Russia and ignores the murder by polonium on the streets of London of a man with connections with Russia and the UK? We also have outstanding issues, which date back to the harassment of our ambassador in Moscow, and I understand that harassment of British diplomats is ongoing. There are also issues relating to the British Council. To coin a phrase, has there been a reset of relations with Russia, such that human rights and concerns of a bilateral nature are no longer on the agenda, or is Mr Pushkov mistaken? I hope he is, but it would be interesting to hear from the Government whether that is the case.

The second thing I will talk about is Sri Lanka. I have a long-standing constituency interest in Sri Lanka, because many of my constituents fled from the terrible violence of the Sri Lanka civil war. I also have many constituents who came to Britain several decades ago and did not flee from that war. They are happily settled in the UK and have a different narrative to tell. I am increasingly concerned that there is a policy to remove people back to Sri Lanka following the civil war’s end when we do not have the necessary guarantees about the human rights situation and the treatment of those individuals on their return. In our Select Committee report on the matter, we referred to concerns of that kind, as well as to the policy and relationship of the FCO and the UK Border Agency on decisions about the human rights situation in Sri Lanka and the forced removal of Tamil people living in the UK. The Government have recently had to respond to a freedom of information request from an organisation called Freedom from Torture, which I understand raised some further concerns.

When the Select Committee raised the issue, we were told that there are no credible allegations on the torture of individuals who have been returned to Sri Lanka. We were also told that the Government do not yet have substantiated evidence that people who have been returned have been mistreated. We asked about the processes they go through, how they check, who they speak to and how they gather information. A substantial section of the Government response refers in passing to those issues, but I will not quote it now. Do the Government still believe that there are no credible allegations? Are there still no substantiated cases where there is evidence of mistreatment?

I understand that in response to a freedom of information request, which was issued on 6 February this year, it was suggested that a number of people who had been forcibly returned to Sri Lanka have been subsequently given asylum, or at least a leave to remain of some kind, in this country. How many of those are Tamils who were returned due to concerns about their mistreatment? I have been told—I do not know whether it is correct—that there are either 13 or 15 people in that category. It would be helpful to know how many of those allegations of torture were found to be credible, because that information is not in the public domain.

Given that we have concerns about what is happening in Sri Lanka—about the treatment of opposition figures and journalists, and about the very large military presence in the north of the island—is our Government’s position still the same, as regards the Commonwealth Heads of Government meeting that is supposed to be held this year in Colombo? Some other Commonwealth countries —no doubt this will be debated later this afternoon—have said that they will not send their Prime Ministers or leaders at a higher level. Canada has made its position on that clear. Is it still the British Government’s position that it is too early to judge? If so, what criteria will need to be met before our Prime Minister attends that Commonwealth meeting?

Finally, I want to raise a general point about the need for human rights issues to be at the centre of the approach to such matters internationally. I was concerned when the UK Border Agency and the Home Office started to have a lead role on some of these issues. Potentially, there is a downgrading of the concerns that are expressed by Human Rights Watch, Amnesty International and other organisations that look at those matters worldwide. If the approach in Government is that policy priority is given to economic benefits—or other matters, but that human rights issues are subservient—and if we have a policy that is driven by the desire to keep down the number of foreign nationals coming to the UK, that raises concerns about how we will deal with people who are at risk of persecution, torture, and even their lives, because other criteria are being given priority by the Government. I hope that that is not the case, and I will be grateful to hear the Government’s response.

[Sir John Stanley (Tonbridge and Malling) (Con)]

I am pleased to follow the present Chairman of the Foreign Affairs Committee, my hon. Friend the Member for Croydon South (Richard Ottaway), and his predecessor, the hon. Member for Ilford South (Mike Gapes). I very much endorse the comments of my hon. Friend, when he said that the Government would do well to acknowledge that there is an inherent conflict between the Government pursuing their legitimate commercial interests, on one hand, and also standing up fearlessly for human rights on the other. The same point and representations have been made by the Committees on Arms Export Controls, which I chair, and the Government would do well to acknowledge that inherent conflict, rather than expressing a position of trying to pretend that no such conflict exists.

I say to the Minister that I shall raise a number of points, and I entirely understand that he may not have the time or information to reply to them immediately at the end of the debate. I will be very glad to receive replies subsequently in writing, if he so wishes.

I want to start with China, which remains a one-party, totalitarian, police state. Rightly and necessarily, it continues to feature in the Foreign and Commonwealth Office’s list of countries of concern with regards to human rights. As the FCO’s human rights report reminds us, when there were calls in China for a “Jasmine Revolution” to follow the Arab spring:

“Public order and security bodies detained and harassed lawyers, bloggers, human rights campaigners and other activists, without allowing them recourse to their legal rights.”

Very considerable numbers of human rights activists are in jail, including, of course, the immensely courageous Nobel peace prize winner, Liu Xiaobo, who is still in prison serving an intolerable sentence for the so-called, catch-all offence of “subversion”.

I want to raise a particular aspect of human rights in the context of China, and it concerns the Government’s policy on arms exports. China is rightly subject to an arms embargo. However, in the latest figures published by the Government on the Department for Business, Innovation and Skills website, for the third quarter of 2012, the Government have stated that they approved arms export licences for components for military electronic equipment; equipment for the use of military communications equipment; military communications equipment; military electronic equipment; and technology for military communications equipment. Will the Minister explain how it is that when the British Government have signed up to the EU arms embargo on China, they are still none the less approving military arms export licences to China for the type of equipment that, on the face of it, could be used for internal repression and the violation of human rights?

Like my hon. Friend the Member for Croydon South and the hon. Member for Ilford South, I want to discuss Russia, which is rightly listed as a country of concern by the FCO. From my perspective and that of most, if not all, in the House, under President Putin, human rights in Russia are going backwards, not forwards—particularly in the area of the freedom to express, the freedom to criticise and the right of peaceful protest. The laws that are now being put through the Duma, which is controlled effectively by those who support President Putin, are particularly concerning. The laws include, for example, fines for unsanctioned demonstrations and measures to oblige NGOs to register as “foreign agents”.

I noted with interest and concern what the mould-breaking former Soviet leader Mikhail Gorbachev said about the new Putin laws in a recent BBC interview:

“The common thread running through all of them is an attack on the rights of citizens.”

In the face of those new laws being passed and an increasingly hostile environment to basic human rights in Russia, will the Minister, in his reply, give us any assurance that the British Government will do all they can to protect British nationals in Russia, and, in particular, locally employed staff of organisations such as the British embassy, the British Council and those who are working for international human rights NGOs in Russia?

The country that probably has the worst human rights record in the world—indeed, this is stated in the Foreign Office’s human rights report—is North Korea. The previous Labour Government took what I considered to be an entirely justified step—we were one of the first European countries to do so—to re-establish a diplomatic presence in Pyongyang in order to give us the possibility to exercise some degree of leverage on human rights issues, among other things, in the capital, and also to provide a point of contact for human rights and humanitarian NGOs working in North Korea. With the arrival of Kim Jong-un as the “supreme leader” of North Korea—that is how he styles himself—we have in recent weeks and days seen an alarming escalation of hostile actions and statements. We have seen a ballistic missile test. We have seen a nuclear explosion. We have seen the Government of the Democratic People’s Republic of Korea claiming nullification of the armistice that ended the Korean war in 1953. We have seen the cutting of the hotline to Seoul. Very recently, a public statement was made that North Korea was ready for “all-out war”.

In light of the dismal and concerning developments that I have set out, are the British diplomatic staff reporting a reduction in their ability to further the human rights agenda and objectives of the British Government in North Korea? Can the Minister assure us that the Government will do all that they can to support our embassy and NGOs in North Korea in the extraordinarily important and difficult human rights and humanitarian work that they do?

I now come, with considerable regret but absolutely no apology, to an area that I think that I have raised in every one of these debates since they were first initiated—Israel and the Occupied Palestinian Territories. As with my previous contributions, I emphatically do not do so in any one-sided or partial manner. The Hamas rocket attacks into Israel—I have been to the communities in Israel where those rockets have landed—are wholly unacceptable and totally intolerable. Indeed, I regard Hamas as a disgrace to the Palestinian cause and a very serious impediment to the Palestinian wish to achieve proper democratic progress towards an independent and viable Palestinian state.

That said, the Israeli Government cannot escape the criticism that they encounter, both within Israel to some extent and more widely internationally, for the relentless and continuing violation of basic Palestinian rights. I consider the FCO to be entirely correct in including Israel and the Occupied Palestinian Territories as a country of concern in its human rights report.

[Mike Gapes]

Does my friend agree with me that the formation of a Government in Israel today is a chance for a renewed emphasis on and impetus for the restarting of negotiations that will lead to the two-state solution that is the only viable way to deal with this conflict?

[Sir John Stanley]

I agree with my friend that that is an opportunity, but to be wholly frank and honest, I have grave doubts about whether it will be seized, because I fear that since the assassination of Prime Minister Rabin, there simply has not been a majority in the Knesset that is really willing to embrace the concept of creating a separate, independent, viable Palestinian state.

In recent years, we have seen the Israeli Government ending the movement of Palestinians between Gaza and Israel, turning Gaza into one of the biggest prisons, de facto, in the world. We have seen the relentless and continuing removal of Palestinian families from East Jerusalem, with the clear political objective of preventing East Jerusalem from ever becoming the capital of a Palestinian state. We see the continuation of the intolerable violation of Palestinian human rights on the west bank. To expose that, we need go no further than the Israeli NGO—I stress that it is an Israeli NGO—B’Tselem in its last annual report. It said:

“In the West Bank, two and a half million Palestinians live under Israeli military occupation while settlers live in enclaves of Israeli law within the same territory. Individual acts of violence by extremist settlers periodically capture the headlines, and discriminatory and inadequate law enforcement is indeed a concern. However, the major human rights violations result from the settlements themselves: their extensive exploitation of land and water, the massive military presence to protect them, the road network paved to serve them and the invasive route of the Separation Barrier, which was largely dictated by the settlements.”

Having made many visits to the British consulate-general in Jerusalem, I am well aware of the sterling and excellent work that is done by the Foreign Office from the consulate- general in trying to support and uphold Palestinian human rights in the occupied territories. However, in my view, a step change will be needed in the Israeli Government’s policy towards the Palestinians and towards the occupied territories if we are to see a genuine improvement in human rights. Does the Minister see any such prospect? From where I sit, and having seen the human rights deterioration taking place over so many years, I fear that we are moving to a position in which Gaza continues for the foreseeable future as one gigantic prison, East Jerusalem becomes an area where house after house belonging to a Palestinian family is taken over by the Israelis and, sadly, the west bank loses the possibility of becoming the core of an independent Palestinian state and becomes what I can only describe as a middle-eastern version of a Bantustan. Perhaps I am being too gloomy. I hope that I am, but I fear that I am not, given the progress of events.

I now come to a different part of the world and a different human right. I want to raise the case of Colonel Kumar Lama, a Nepalese citizen who came temporarily to the UK and who has now been arrested in the UK on the grounds of allegations of torture, committed not in Britain but in Nepal and committed not against British nationals but against Nepalese nationals. I wish to inform the House that although I have no registered interest to declare, I am the chairman of the all-party Britain-Nepal group.

I am raising this issue not because I want to take any position or make any comment on Colonel Lama’s specific case, but because it calls into question some very important human rights policy issues for the Government. In his letter to me this week, my right hon. Friend the Foreign Secretary has said that the arrest of Colonel Lama has been carried out to fulfil the UK’s obligations under the UN convention against torture. I cannot believe that Colonel Lama’s case is an isolated one. I cannot believe that Colonel Lama is the only foreign national in the UK against whom allegations have been made of torture committed against non-British nationals in foreign countries. Surely there must be scores and possibly even hundreds of others in the same category, so the key policy issue that I have to put to the Minister is this. Will he now confirm that, in the light of the Colonel Lama case, the British prosecuting authorities and the police will now arrest, in fulfilment of the UK Government’s obligations under the UN convention against torture, all other foreign nationals in Britain against whom there are allegations of torture committed against non-British nationals in foreign countries? That is the central policy question the Colonel Lama case raises. I look forward to the Minister’s reply.

The key human right of freedom of expression embraces, in my view, freedom of speech, a free media and freedom to demonstrate peacefully. Freedom of expression is becoming ever more important in this electronic age, which gives Governments who are so minded greater and greater ability to suppress human rights and human rights activists. It enables Governments to combine unprecedented access to information acquired electronically with an unprecedented ability to carry out surveillance electronically.

I shall turn from freedom of expression generally to developments in that key human right in the Commonwealth. I am glad to say that we seem to have achieved a breakthrough on freedom of expression as far as Commonwealth countries are concerned. The first declaration of Commonwealth principles, made in Singapore in 1971 and followed by a repeated declaration of the principles 20 years later in the 1991 Harare declaration, was a major step forward in human rights for the Commonwealth, but in neither the Singapore declaration nor the Harare declaration were Commonwealth countries able to agree on including freedom of expression as a key Commonwealth principle and human right.

--- Later in debate ---

[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.