Russian Membership of the Council of Europe

Mike Hancock Excerpts

Wednesday 11th March 2015 Westminster Hall

[Mr Christopher Chope (Christchurch) (Con)]

It is a pleasure to serve under your chairmanship, Mrs Brooke. I think this is the first time I have had that privilege and I fear that it might be the last, because of your impending retirement.

This is a great opportunity to discuss the importance of the Council of Europe and of the Parliamentary Assembly of the Council of Europe. I am delighted to see a number of my colleagues from the Parliamentary Assembly here today, along with the hon. Member for Portsmouth South (Mr Hancock), who was a long-serving member of the Assembly until he retired at the beginning of this year after some 18 years’ service.

The statute of the Council of Europe was agreed in London on 5 May 1949. There were 10 founding members. Today, 47 countries belong to it, and Russia is one of those, having joined in 1996. All have signed up to the aims of the Council as set out in chapter I, article 1(a), which provides:

“The aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals… which are their common heritage and facilitating their economic and social progress.”

Article 3 of the statute provides:

“Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.”

If one recites the text of article 3 and sets that against the recent actions of the Russian Federation, the question immediately arises of what sanctions there are against members that are in breach or violation of article 3. The answer is contained in article 8:

“Any member of the Council of Europe which has seriously violated Article 3 may be suspended from its rights of representation and requested by the Committee of Ministers to withdraw under Article 7. If such member does not comply with this request, the Committee may decide that it has ceased to be a member of the Council as from such date as the Committee may determine.”

My first question for my right hon. Friend the Minister, whom I am delighted to see is responding to the debate, is, has the Russian Federation seriously violated article 3 of the statute? My view is that it certainly has, which I think is a view shared by all 18 members of the UK delegation and the 18 substitute members.

[Mr Mike Hancock (Portsmouth South) (Ind)]

What the hon. Gentleman is describing could have been the case on at least five previous occasions, but it would appear that this is the straw that broke the camel’s back, certainly as far as the UK delegation is concerned. We could have had this over South Ossetia, Abkhazia, Chechnya, the human rights issues relating to the death penalty and so on. All those have come up one time after another, so why now?

[Mr Chope]

I will go on to explain exactly why. It is not just the view of all the UK delegation’s members that the Russian Federation has seriously violated article 3; it is also the view of a substantial majority of the Parliamentary Assembly, as evidenced by the decision in January this year to impose sanctions against representatives of Russia, and of the European Conservatives group in the Assembly, which I have the privilege of chairing. It also must be the opinion of the Committee of Ministers, which has made various declarations calling on the Russian Federation to do this, that and the other, all of which have been ignored.

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[Mr Chope]

There may be parallels. I defer to my hon. Friend’s superior knowledge of what happens in the Commonwealth. However, if we and the other founding members of the Council of Europe do not stand up for our belief in the principles of the Council of Europe, we make things much more difficult for other countries, particularly those that were formerly in eastern Europe and part of the Soviet bloc. It is much more difficult for them to try to comply with the principles of the Council of Europe if they can see that the bully boy next-door to them is being treated with impunity, which is exactly what is happening with Russia at the moment. We could send a very strong message if we took effective action and used sanctions against Russia. We would be sending a message to those other countries that we were on their side and would help them to stand up against their bully-boy neighbour.

[Mr Mike Hancock]

I am curious to know why the Conservative group stayed in the same group as the Russians for so long if it felt so strongly about Russian abuses that have gone on for the past 18 years or so.

[Mr Chope]

The answer to that is that the abuses that I have been describing have not been going on for the last 18 years or so. What has happened is that things have got very much worse within the last year. That is why the European Democrat group, as it then was, decided to take sanctions against the Russians, as members of that group, for being in manifest breach of the Council of Europe. What was the straw that broke the camel’s back in that respect? It was the motion, passed in the Russian Duma by elected members of the Parliamentary Assembly from Russia, supporting the illegal annexation of Crimea. It was not a situation, as sometimes happens in the Parliamentary Assembly—this has happened with the hon. Gentleman and to an extent with myself—in which we as elected members say that we are not necessarily four-square supporting our Government but are standing up for the values of the Council of Europe against our Government. What happened in that case was that the members of the Russian Federation delegation and members in the European Democrat group were actively undermining the principles of the Council of Europe and actively engaged in supporting the illegal annexation of Crimea and were thereby breaching the principle that the Council of Europe stands for the territorial integrity of all its member countries. That is the short history.

[Mr Hancock]

But not Georgia.

[Mr Chope]

The hon. Gentleman takes us back to what happened in relation to Georgia. He may recall that at that time there was a Labour Government in this country and one of the first international statesmen who spoke out in support of Georgia was none other than our present Prime Minister, so I do not think that we can be criticised for being slopy-shouldered in relation to what happened in Georgia. That was part of a continuing scenario. When it comes down to it, we have to face the fact that in Mr Putin we are dealing with a dictator and a tyrant. That is the scenario. In the same way, we have been dealing with a dictator and a tyrant in Zimbabwe. Eventually, patience ran out and Zimbabwe was expelled from the Commonwealth. It was not expelled immediately, because everyone was using the same arguments as are now being used in relation to Russia: “Isn’t jaw-jaw better than any alternative?” However, there comes a time when, if someone continues to be in complete defiance of the principles, we need to take, in my view, the only sanction that is available under the rules.

We are already in danger of being accused of double standards. When my hon. Friend the Member for Bognor Regis and Littlehampton (Mr Gibb) chaired the Joint Committee on the draft Voting Eligibility (Prisoners) Bill, the Council of Europe Commissioner for Human Rights, Nils Muiznieks, wrote to him on 10 October 2013:

“Thus, my message is clear: the Court’s judgments”—

Mr Muiznieks was referring to the European Court of Human Rights—

“have to be executed and the automatic and indiscriminate ban on voting rights for prisoners should be repealed. If the Court system is to continue to provide protection, there is no alternative to this for member states, other than leaving the system itself.”

He goes on to say:

“I think that any member state should withdraw from the Council of Europe rather than defy the Court by not executing judgments.”

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[Mr Mike Hancock (Portsmouth South) (Ind)]

It is a pleasure to serve under your chairmanship, Mrs Brooke. I congratulate the hon. Member for Christchurch (Mr Chope) on bringing this challenge, which we have to face up to, to the House today. We should all be mindful of his words, but, like the hon. Member for Gainsborough (Sir Edward Leigh), I think there is another side to the issue.

We ought to look at what the Council of Europe is about. We know that its main three pillars—its raison d’être—are human rights, the rule of law and democratic processes. However, all of us who have been in the Council of Europe for any length of time know that it also has two negative pillars, which it embraces with great enthusiasm: double standards and the lowest common denominator when it comes to getting something through the Council of Europe. Often, it is not the best argument that wins, but the one that the political bosses of the various parties decide they can carry in the Chamber.

A good example of the Council of Europe’s double standards is the situation in Ukraine. When was the last time we had a debate in the Council of Europe about the Turkish occupation of northern Cyprus? I cannot remember one in my 18 years there. When did we have a debate in the Council of Europe about the separation of Kosovo from Serbia, which is an idea I support? When was the last time we criticised Armenia for occupying a third of the land mass of Azerbaijan? We have not had those debates. Why not? Because we would have to take positive action against those countries. Do we really want to say that to Turkey, Azerbaijan and Armenia? I think not. We know that will not happen.

The Library produced a very interesting document, which states:

“A group of Conservative MPs led by”

the then leader

“led a charge to suspend Russia fully from the assembly. His amendment was defeated”.

It was defeated because those people were taking a step too far, as far as the Assembly was concerned. I have long held the view that we have to have a debate on whether we want Russia in or out. There cannot be any half measures. Suspending the voting rights of the delegation is totally irrelevant. It causes a bit of panic in the Hemicycle for the hour or so after the vote is taken, when the Russian press are there and the media are trying to get a quote from everyone and anyone. I am sure I have seen some of the cameramen giving quotes about the issue to other television stations because there were no politicians around to do it.

The Alliance of Liberals and Democrats for Europe had the pleasure of having Boris Nemtsov at its meetings on several occasions. I had the pleasure of meeting him, having dinner with him and talking to him. The question I asked him at our group meeting was, “Do you think we should expel Russia from the Council of Europe?” His words were, “Most definitely not.” He then spoke for about half an hour about why he thought that was not the case. During his half-hour response, he made a number of points that a lot of us thought gave conclusive evidence that Russia should not be in the Council of Europe. Nevertheless, he said no.

Over the years, the biggest problem has been the way we have looked at Russia since it joined in 1996. I joined the Council of Europe in 1997. Since then, the Council of Europe has not taken action against Russia on at least five occasions. One was when we had the long, drawn-out debates over Chechnya, which went on for the best part of four years. I went to Chechnya twice. One of our former members, Lord Judd, was one of the leading players on that issue. He came close to recommending that Russia be suspended and then expelled, but he drew back from that. He would say that he drew back because he was put under pressure.

There was the situation in South Ossetia and Abkhazia. Once again, are we really saying that it was okay for Georgia’s land to be occupied and for two free states to emerge in a Council of Europe country? What action did we take on that issue? We are still having a debate. We have rapporteurs looking at the Russia-Georgia issue, but we have not made a decision, although it occurred in 2008. Six years on, the Council of Europe has done nothing. Why? Because, once again, it aims for the lowest common denominator to keep everyone in the tent.

Human rights in Russia was another issue on which the Russians flatly refused, until 2012, to agree to the very principles that they had signed up for. The abolition of the death penalty—

[Sir Oliver Heald]

I am following what the hon. Gentleman is saying very carefully. Does he not agree that in diplomacy it is important to have some messages that can be sent and some sanctions that can be imposed, in an escalating fashion, to make one’s point? Taking away voting rights in the Council of Europe, which annoys the Russians a good deal, is a measure that one can use, and it is wrong to say that it is all or nothing. Those escalating sanctions are useful.

[Mr Hancock]

But there comes a time when the credibility of the Council of Europe is at stake. That is the issue, is it not? Sooner or later, we come to a line in the sand and say, “Is it really worth belonging to this organisation?”

I do not want Russia to leave the Council of Europe, but I want to call the bluff of those who agitate time and again to nitpick—not “nitpick”, as that is the wrong expression—and to take voting rights away. Who gets cheesed off about having their voting rights taken away? Probably the wives of the Duma Members, who can no longer go to Paris and Strasbourg for sittings. I do not believe the politicians are particularly bothered that they do not have their voting rights. They know that in January next year there will be a vote and they will have their voting rights back. I am sure of that.

How can that be the case? The hon. Members who intervened on the hon. Member for Christchurch—the hon. and learned Member for North East Hertfordshire (Sir Oliver Heald) and the hon. Member for Bridgwater and West Somerset (Mr Liddell-Grainger)—raised a point about Russia, saying, “Oh, well, if they agree to a certain line in the sand over Ukraine, that is okay.” Is it okay? Russia will never give up Crimea now, so where does the Council of Europe stand on the issue of Crimea? Forget eastern Ukraine; where does the Council of Europe stand on the issue of Crimea? I have friends who live in Crimea. They are Russian by ethnicity, have absolute faith that they are now back where they belong and are committed to staying there, and will fight very hard to do so.

[Mr Chope]

I share the hon. Gentleman’s concern that people can be in a parliamentary assembly and have their rights suspended while they still remain members of the Council of Europe itself, because if someone’s country is still in the Council of Europe there is an argument for saying that their parliamentarians should be in the Parliamentary Assembly of the Council of Europe. That is why I am arguing that Russia should be suspended from the Council of Europe itself.

[Mr Hancock]

The hon. Gentleman makes a good point, and he presented his case extraordinarily well. I have no doubt about the merits of that case, but there is this other argument, which other Members have alluded to, that it is better to have people inside the organisation.

Would the human rights commissioner for the Council of Europe have the same facilities offered to them in Russia if Russia was out of the Assembly? I think not. Would people in Russia, who make up nearly two thirds of all the applicants to the European Court of Human Rights, have any access to redress if Russia was out of the Assembly? I think not. If the £24 million that the Russians put in, as a grand payer along with the UK, was removed from the Council of Europe, what would that do for the Court in Strasbourg?

[Sir Alan Meale]

The hon. Gentleman said that the members of the Russian delegation to the Assembly do not really care whether they have voting rights, so why do they continually campaign to get the votes back and why do they threaten in discussions in the Duma that, if they do not get their votes back, they will seek to leave the Council of Europe? Surely, voting rights are important and, as the hon. and learned Member for North East Hertfordshire (Sir Oliver Heald) said, the strength of the push towards getting the negotiation to the Council of Ministers, or to the UN or wherever, is the important factor here.

[Mr Hancock]

The simple answer to that is that the Council of Europe needs Russia more than Russia needs the Council of Europe. That is the real issue for the Russian Duma Members and I have read with interest some of the comments they have made in the Russian press since the issue in January; they make interesting reading. Those Duma Members genuinely believe that the threat to suspend Russia is a bluff, because they know that the track record of the Council of Europe on taking forceful action is pretty abysmal and they have a lot of evidence to support that line.

The hon. Member for Gainsborough (Sir Edward Leigh) raised the issue of Latvia. Interestingly, the 300,000 ethnic Russians in Latvia are classed as non-citizens. If the Council of Europe believes in anything to do with human rights, how can it allow that situation to persist? It is ridiculous.

[Sir Edward Leigh]

It is pretty intolerable that a country that is a member of the EU and the Council of Europe is effectively denying citizenship to people, and the right for them to sit in Parliament and all the rest of it, unless they learn Latvian. Imagine if the boot was on the other foot and there were large numbers of people here who could not speak English, or they were Urdu speakers or whatever, and we said, “You can’t stand for Parliament and all that sort of stuff because you have to vote in English.” There is a real problem here. I am not defending the Russian position, but we have to recognise that that is what the Russians think.

[Mr Hancock]

Some people might suggest that we are getting pretty close to that in the UK regarding the ability of people to speak English, but how can people be classed as non-citizens in an EU state—or, more importantly from our point of view, in a member state of the Council of Europe—and nothing is done or said about it, except by those of us who believe passionately that everyone living in a country should be classed as a citizen of that country?

What do we do? We have a debate here. I am not sure whether the suspension of voting rights for the Russians will do much at all. Expelling Russia from the Council of Europe would undoubtedly harm the organisation; it would diminish the Council of Europe’s credibility for being able to speak on behalf of the 700 million people who inhabit the 46 member states in the Council of Europe, so it would be a mistake to do it.

We must continue to work with Russia. It is quite interesting to see who the rapporteurs on Russia have been over the years. In most instances, they have been leaders of the political groups, or senior members of those groups who have taken on that responsibility. None of them has ever recommended anything like the suspension or removal of Russia from the Council of Europe. Why? Because they believed that their efforts brought some reward for the citizens in Russia.

The best message we can send out today is that we do not like what the Russians are doing and that we will do everything we can to achieve a peaceful settlement to the issues of eastern Ukraine, but that situation will not be solved and the people involved will not be saved from further harm by expelling Russia from the Council of Europe. We should take a positive step today to say that we hope to see in January a different attitude from the Russian side and from the Council of Europe side.

More importantly, however, for those Members who are lucky enough to be on the delegation to the Council of Europe after the general election, I suggest that they need to get rid of the two things that undermine the Council of Europe time and again: double standards and the continual striving to find the lowest common denominator, instead of finding the right answer.

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[Mr Lidington]

The hon. Gentleman puts the point well, and one could add other items to that list.

We face not only a crisis over Ukraine, but an issue of principle. After the break-up of the Soviet Union, the international community, including the Russian Federation, recognised the republics that then became independent states as sovereign and entitled to determine their own future. The question now is whether we believe that that is an important principle that should be upheld for both legal and political reasons, or that Russia is justified in trying to exert some kind of informal imperium over those countries that used to be part of the Soviet Union.

[Mr Mike Hancock]

Will the Minister give way?

[Mr Lidington]

I am afraid I will not. I have just over five minutes left and want to respond to the points made in the debate.

Today, we mark the 25th anniversary of Lithuania’s recovery of its independence after half a century of occupation. We would be foolish if we thought that simply acquiescing in a breach of the principles of the sovereignty and territorial integrity of states would have consequences that could be confined even to Europe. Countries throughout the world are watching the crisis in Ukraine and drawing conclusions about how the international community might or might not react in other circumstances.

We welcome the Minsk implementation plan for Ukraine. It is not perfect, but it is the best hope we have of turning a fragile and incomplete ceasefire into an effective truce and then, I hope, into a peacemaking process. I am advised that the latest situation is that the ceasefire has led to significant reductions in fighting, but there are still localised outbreaks of violence, especially around hot spots such as Donetsk airport and Debaltseve. Heavy weapons withdrawal has begun on both sides. On Monday, President Poroshenko said that Ukraine has withdrawn the lion’s share of its rocket and heavy artillery systems and that the Russian-backed fighters have also withdrawn a significant amount.

On verification, the Organisation for Security and Co-operation in Europe is still not being granted full and unhindered access to the crisis zone. It seems to me that letting OSCE monitors through to see what is going on is a key test of Russia’s seriousness of purpose about whether it will try to turn the Minsk agreement into something meaningful on the ground.

As is clear from the debate, the issue is not only Ukraine. We must look at the full range of tools of international diplomacy to influence Russia’s behaviour and hold it to account for its actions. Organisations such as the Council of Europe offer opportunities for doing that. It is an organisation within which Russia itself has signed up to exacting standards in the field of human rights, the rule of law and democracy.

My hon. Friend the Member for Christchurch asked a straight question: do the Government think that Russia is in breach of article 3? During the debate, I reminded myself of the text of article 3; I am no lawyer, but my political judgment is that I would feel pretty hard-pressed to argue that Russia is currently compliant with it. Nevertheless, it is a separate political judgment to decide what, if anything, should be done after that. As my hon. Friend knows, the Government’s judgment is that, on balance, despite its actions, it is currently better to have Russia inside the Council of Europe, where it can be held to account, than either suspended or expelled.

The European Court of Human Rights is a crucial mechanism for the protection of human rights against the most egregious abuses. The cases of disappearances and other serious abuses in Chechnya are important examples of where the Court must focus its attention. The majority of human rights NGOs and defenders in Russia tell us that the Court is the only chance they have of receiving some form of redress, which is why they value Russia’s continued membership of the Council of Europe. My hon. Friend mentioned the plight of Nadiya Savchenko: the Government strongly support the Committee of Ministers’ call for her immediate release on humanitarian grounds.

The Council of Europe has an important role in supporting Ukraine, not least through the advice of the Venice Commission on constitutional reform issues. I agree that we should not allow Russia free passes; it should be held to account. Depending on what Russia does in practice, I do not rule out the need to review and reconsider the Government’s current position. We do see a sharply deteriorating situation in Russia in respect of human rights, the rule of law and democracy.

We will continue to work in the Council of Europe, the UN, the OSCE and other international organisations to uphold our rules and values, and we will strive to bind Russia more closely to them. However, we should not do that at any cost. If Russia continues to flout those rules and undermine our values, that will bring further isolation, economic damage and hardship for the Russian people themselves. I very much hope that Russia will not choose that path. It is in her own long-term interests to embed the high standards in the fields of human rights, democracy and the rule of law to which the Russian Government have committed themselves through their membership of the Council of Europe.