Human Rights (Commonwealth)

Sarah Champion Excerpts

Wednesday 11th September 2013 Westminster Hall

[Sarah Champion (Rotherham) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Gray. Today is an opportunity to address candidly some of the human rights abuses happening in the Commonwealth. Today is also an occasion to review the progress that has come to pass due to the combined efforts of the Commonwealth countries working collaboratively.

Commonwealth nations have been successful in obtaining change. All 54 countries have created a document detailing our shared values, and it is the first such document in our 64-year history. The Commonwealth charter sets out strong, clear values, promotes human rights and commits all nations to protecting their citizens from discrimination.

I had the pleasure last week to be part of the UK delegation to the 59th Commonwealth Parliamentary Association conference, at which my hon. Friend the Member for Bristol East (Kerry McCarthy) led an informative debate on human rights. Although the debate enabled us to celebrate our achievements in that field, it also sharply highlighted areas of grave concern, which I will discuss today.

I will focus on the treatment, education and representation of women, the death penalty and the persecution of lesbian, gay, bisexual, transgender and intersexed people. I will call for David Cameron and other senior Ministers to join the Canadian Prime Minister in refraining from attending the Commonwealth Heads of Government meeting, owing to the horrific and continual human rights abuses in Sri Lanka.

[Paul Burstow (Sutton and Cheam) (LD)]

I congratulate the hon. Lady on securing this important debate. She is absolutely right to call on Ministers to refrain from attending CHOGM. Will she confirm that one of the reasons why Ministers should do so is that the Foreign and Commonwealth Office’s advice on the Sri Lankan Government’s human rights record is that Sri Lanka is one of 27 countries about which the FCO has concerns? How can the Government condone those concerns by attending a conference, when they could use the opportunity to make it clear that they do not countenance the Sri Lankan Government’s behaviour?

[Sarah Champion]

I am extremely grateful for that intervention, which echoes my thoughts. I will address those questions in more detail later, and I thank the right hon. Gentleman for sharing them.

The Commonwealth charter is an exciting development that allows the Commonwealth to shape itself as a compelling force for good. The charter commits all nations to the universal declaration of human rights and opposes all forms of discrimination

“whether rooted in gender, race, colour, creed, political belief or other grounds.”

The Commonwealth charter states that those rights are universal, indivisible, interdependent and interrelated, and that they cannot be implemented selectively. I will point out where we can improve our practices to ensure that those clear, explicit definitions are upheld.

Women’s rights vary hugely across the Commonwealth. Although I am well aware that the topic merits a debate in its own right, in the limited time available I will draw attention to a few key areas of concern.

The Commonwealth charter states that the education of girls is an essential component of human development. The Pakistani schoolgirl Malala Yousafzai certainly agrees. Malala’s determination to defend girls’ right to education is one of the most inspiring stories of our modern age. Despite Malala exposing some of the dangers for girls who are trying to access education, however, there are still great barriers. In Cameroon an estimated 38% of girls are currently missing from secondary education, which is simply unacceptable. Women’s education is important not only for empowering the individual, but for the country’s development. It is right that that is recognised in the Commonwealth charter. The Commonwealth comprises not only some of the most developed nations, but some of the least developed. Creating effective education for young women is imperative for change for the better.

Child marriage is a harmful practice that constitutes a violation of the most basic and fundamental rights of young women. There are provisions in the Commonwealth charter for investing and promoting young people’s development. Being a child bride causes appalling harm to a girl’s prospects for education and, indeed, to her health. Only this Monday, we heard of a girl of eight dying from internal sexual injuries after her marriage to a 40-year-old man in Yemen. Unfortunately, that horror is widespread and prevalent across the world, as at least 14 million girls—more than half of whom live in the Commonwealth—marry under the age of 18 every year. There is a clear need to legislate to put an end to child marriage. We need to put an end to the practice, so that every girl is free to enjoy her childhood. All leaders of Commonwealth nations must collectively support steps taken at the United Nations to eradicate child, early and forced marriage.

The Commonwealth charter recognises the importance of women’s rights:

“We recognise that gender equality and women’s empowerment are essential components of human development and basic human rights.”

Throughout the Commonwealth, however, women are in need of a voice. To make the necessary changes, we need better representation of women in our Governments. That change would ensure the rights of women can no longer be ignored. Representation is key to creating positive changes to all the current issues that face women across the Commonwealth.

In the Chamber of Deputies of the Rwandan Parliament, 56% of representatives are women; I am ashamed to admit that only 23% of MPs in the House of Commons are women, placing us 65th in the Inter-Parliamentary Union. We clearly have a lot to learn about women’s representation.

The Commonwealth charter commits Commonwealth nations to the universal declaration of human rights, and article 3 enshrines the right to life. The death penalty fundamentally undermines that right. Worldwide, great progress has been made on abolishing the death penalty. However, Commonwealth countries including the Bahamas, Barbados, Dominica, Guyana, Grenada, Jamaica, St Lucia, Trinidad and Tobago, Swaziland, Malawi, Kenya, Ghana, Cameroon and the Maldives still support the death penalty. Thirty-six Commonwealth countries have the death penalty. Although I acknowledge that many of those countries have expressed a commitment in legislation not to carry out executions and are abolitionist in practice, death sentences are still regularly given, even if they are not fulfilled.

In August 2012, nine people were executed in Gambia, with President Jammeh calling for all death sentences to be carried out “to the letter” by mid-September. Those executions were in sharp contrast to the trend in west Africa towards ending the use of the death penalty. Amnesty International, along with 66 other human rights organisations and west African civil society groups, condemned the executions in a public statement released in September 2012.

There has been a recent resumption of executions in Nigeria, where there had not been an execution since 2006. Four men were hanged in June. Papua New Guinea recently passed legislation that expands the crimes for which the death penalty could be used, signalling a return to its use, even though no executions have taken place since 1952.

We must also recognise that individuals continue to be sentenced to death, or executed, for crimes not involving intentional killing. Therefore, the punishment does not meet the threshold of “the most serious crimes”, as prescribed by article 6 of the international covenant on civil and political rights, to which all Commonwealth countries are committed by our charter. For example, people are condemned to death for blasphemy in Pakistan, for forms of aggravated robbery in Kenya and Zambia and for drug-related offences in Malaysia and Singapore. That is simply not acceptable under current international law. The death penalty must be repealed in all 36 Commonwealth countries.

The persistent persecution of the LGBTI community in the Commonwealth undermines the entire point of being free from discrimination. The Commonwealth charter does not explicitly mention the protection of LGBTI people. I understand why that compromise position was taken, but I believe it is a grave mistake, as 41 Commonwealth countries currently criminalise homosexuality. Those laws are often a historical relic of British colonial rule that continues to stigmatise and marginalise the LGBTI community across the Commonwealth.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

My hon. Friend is making a strong and wide-ranging speech. I want to associate myself in particular with her comments on LGBT rights in Commonwealth countries. Will she join me in commending the work of the Kaleidoscope Trust, the president of which is Mr Speaker and which enjoys support from members of all parties across the House? It works with LGBT activists in many Commonwealth and non-Commonwealth countries to fight against the type of discrimination that she describes.

[Sarah Champion]

I absolutely support the work of the Kaleidoscope Trust, but a vast amount of work unfortunately remains for us to do.

It struck me forcefully when visiting the Apartheid museum in Johannesburg last week that many of the battles for racial equality had been won. It should be celebrated that apartheid is over, but segregation between homosexuals and heterosexuals continues in other parts of Africa. Many terrible cases from across the Commonwealth illustrate the appalling way that the LGBTI community and LGBTI activists have been treated. In Cameroon, Alice Nkom and Michel Togue, who are defence lawyers for LGBTI people, have received telephone calls and text messages on a daily basis from anonymous people who threaten them and their families with death. In South Africa, 24-year-old Noxolo Nogwaza was brutally murdered in KwaThema township. An active member of the Ekurhuleni Pride Organising Committee, she was raped, repeatedly stabbed and beaten to death. The police responsible for the investigation into her murder have so far made no progress and no suspects have been arrested.

[Kerry McCarthy (Bristol East) (Lab)]

My hon. Friend is making a powerful speech so far. Does she agree that that example shows that we must do a lot more than simply change the laws? South Africa has a rainbow constitution that is very much against discrimination based on sexuality, but the problems that she highlights still exist on the ground.

[Sarah Champion]

The fundamental problem is that, although equality is embedded within the Commonwealth charter, LGBTI rights are not mentioned explicitly, so these grey areas are exploited.

Last year, armed police raided a human rights workshop attended by LGBTI activists in Kampala, Uganda, arresting five staff of the East and Horn of Africa Human Rights Defenders Project and 12 other participants. That happened in the context of the Ugandan Parliament seeking to pass an anti-homosexuality Bill, which could include punishing homosexuality with the death penalty. The Bill would create legal provisions to persecute and punish people just for being LGBTI, which directly contradicts all international human rights legislation and should be condemned by the international community. I am aware that Uganda claims that criminalising homosexuality is partly in the interest of public health. In reality, however, it further stigmatises and marginalises groups, making education about effective forms of sexually transmitted disease control considerably more difficult. HIV control is incredibly important as it is an enormous problem within the Commonwealth.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

Would my hon. Friend like to acknowledge the work of the David Cairns Foundation? Following the death of our friend David, it has raised funds to open clinics in Uganda to help with HIV awareness and care.

[Sarah Champion]

I thank my hon. Friend for raising the David Cairns Foundation, which does superb work, and I wish all power to it.

Commonwealth countries contain more than 60% of people living with HIV globally, despite representing only some 30% of the world’s population. The importance of HIV control is backed by the eminent persons group— a group of 10 leading figures from around the Commonwealth, chaired by the former Prime Minister of Malaysia. In 2009, the EPG was commissioned by Commonwealth Heads of Government to examine key areas of reform for the Commonwealth. It recommended decriminalising homosexuality. That recommendation was made specifically in the interests of non-discrimination and outreach to educate LGBTI communities about HIV transmission.

The Commonwealth charter needs to name LGBTI as one of the categories of potential discrimination. It needs to call for homosexuality to be legalised across the Commonwealth to ensure that that persecution stops. In the interest of not sounding too negative, I would like to congratulate the Commonwealth countries where it is legal to be LGBTI, including Australia, the Bahamas, Canada, Cyprus, India, Malta, Mozambique, New Zealand, Rwanda, South Africa and the UK.

Finally, I want to talk about Sri Lanka. The horrific civil war that waged for 26 years in Sri Lanka ended in 2009. There were concerns about human rights abuses and war crimes, committed by both the Sri Lankan Government and the Liberation Tigers of Tamil Eelam. International attention was captured by allegations of the systematic targeting of civilian hospitals within a designated no-missile zone. Video evidence exists of extreme cruelty, including beheadings and rape. Such images shocked the international community and left a permanent scar on Sri Lanka’s human rights record. It was absolutely correct that the allegations were investigated and that due redress followed those investigations. To examine events during the period from 2002 to May 2009, President Mahinda Rajapaksa established the Lessons Learnt and Reconciliation Commission, which was welcomed by many civilians. Implementing the commission’s recommendations, however, has been both slow and selective. Post-2009, grave concerns still exist about military engagement in civilian activities in the north, including sexual abuse, the situation of detainees from the war, the impact of forcible disappearances, impunity, hatred and violence against religious minorities, the intimidation and harassment of human rights defenders, the weakening of democracy, growing authoritarianism, the erosion of the rule of law and the abduction and murder of journalists.

Last month, the United Nations High Commissioner for Human Rights, Navanethem Pillay, completed a seven-day visit to Sri Lanka. She raised strong concerns over the continual and increasingly authoritarian direction in the country. The international community—in particular, the Commonwealth community—should put pressure on President Mahinda Rajapaksa to force him to show that there is a strategic plan to implement all the LLRC report before Sri Lanka’s Ministers consider attending the Commonwealth Heads of Government meeting. Owing to the lack of clear implementation of the LLRC report and continuous concerns about human rights abuses, I am calling on David Cameron and senior ministers—

[Mr James Gray (in the Chair)]

Order. I believe that the hon. Lady means the Prime Minister.

[Sarah Champion]

I apologise. Thank you for the correction, Mr Gray. I am calling on the Prime Minister and senior Ministers not to attend the Commonwealth Heads of Government meeting in November, unless there is a serious and committed response from President Rajapaksa. I want our Prime Minister to show his commitment as an international citizen and as a serious defender of human rights by joining the Canadian Prime Minister in his boycott of the meeting.

In conclusion, the Commonwealth charter clearly intends to defend all people in the Commonwealth. I hope that by the time the Commonwealth games come to Glasgow in summer 2014 dramatic improvements can be seen across the Commonwealth for the good of its people. To that end, I call on my fellow parliamentarians across the Commonwealth to ensure the full implementation of the Commonwealth charter. I call on them to invest in and encourage the development of women’s rights and to ensure women’s representation and education. I call on them to end the practice of child marriage. I call on them to decriminalise homosexuality to ensure the health and safety of our LGBTI communities. I call for the abolition of the death penalty in all Commonwealth countries. Finally, I call on our Prime Minister not to attend the Commonwealth Heads of Government meeting this November, so enabling him to draw attention to the current concerns in Sri Lanka.