Yemen

Tasmina Ahmed-Sheikh Excerpts

Wednesday 26th October 2016 Commons Chamber

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

If I may, I would like to stick to what the motion actually says. Many points have been made on which we can agree, but it is important to drill down to what the motion is actually asking the House to do.

Of course we all agree that a humanitarian catastrophe is unfolding in Yemen. The responsibility we all have, as has been said, is to help restore peace and bring stability to the country and the wider region. There is no doubt that the crisis continues to grow. By June 2016, health facilities in the country reported that nearly 6,500 people had been killed, and more than 31,400 have been injured since March 2015. That is an average of 113 casualties a day. At least 7.6 million people, including 3 million women and children, are suffering from malnutrition, and at least 3 million people have been forced to flee their homes. So far, according to Save the Children, 747 children have been killed, and more than 1,100 injured. More than 2.5 million children have been displaced, and 3.4 million are out of school. This year, more than 848 children were forcibly recruited as child soldiers. More than 600 health facilities and 1,600 schools remain closed due to conflict-related damage.

The human stories behind those terrifying statistics are tragic and horrifying, so it is the view of the Scottish National party that the UK Government have a moral responsibility to act now and to do what they can to protect lives in Yemen. However, in addition to that inherent moral responsibility, which should put human lives at the centre of our decision making, the UK Government have legal responsibilities in relation to the conflict that they are failing to act on.

That is because of the actions of the coalition forces backed by the Saudi Arabian Government, which have faced serious and sustained evidence that they have acted in a manner that is at odds with international law. I understand that many atrocities have been carried out against Yemeni civilians by al-Houthi rebels, who have also shelled civilian homes, and deployed snipers who have targeted women and children. That is evil, wicked and wrong, and of course we do not agree with it. However, it is the actions of the Saudi coalition that concern me most today, because it is in that respect that the UK should be able to make decisions and use its influence for good.

[Bob Stewart (Beckenham) (Con)]

I visited the air operations centre in Riyadh, where British air force personnel are helping the Saudis in their target planning. I have also talked to the pilots and the operational planners there. They assure me—and I believe them—that they are doing everything in their power to stop innocent civilians in Yemen dying. We should get that point across.

[Ms Ahmed-Sheikh]

I will actually make reference to that work in a few moments. I simply cannot understand, though, why the Government are so averse to an independent UN-led inquiry into what is happening. What is the problem? What is there to hide if there is so much confidence on the Government Benches about how we are conducting ourselves?

It is clearly and undeniably the case that the Saudi-led coalition forces have bombed funerals, weddings and markets, and used banned cluster bombs on populated areas and on protected sites such as power stations. They have systematically targeted Yemen’s agriculture economy—as alluded to by the shadow Foreign Secretary—in what academics have called a programme for the destruction of the rural livelihood of Yemeni civilians. They have killed men, women and children who have been gathered at family celebrations, and they have specifically targeted bombs and missiles on sick and dying hospital patients.

The reason why that is materially different from the actions of the al-Houthi forces is that the UK does, indeed, train and support Saudi pilots. We have military personnel embedded in Saudi Arabian military command and control rooms giving advice on the selection of targets. We sell Saudi Arabia the weapons and bombs it is using and the jet planes that deliver them. We have a material stake in this disastrous conflict. We therefore have a responsibility to the people of Yemen to do the right thing. On this, the Government are failing—but do not take my word for it.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Will the hon. Lady give way?

[Ms Ahmed-Sheikh]

Let me make some progress, and then I will.

According to the January 2016 UN Panel of Experts report on Yemen, the coalition airstrikes have failed to uphold the cornerstone principles of proportionality and distinction in any armed attack, and have clearly failed to take all necessary precautions to avoid civilian casualties. In March this year, Amnesty International released new field-based research documenting the further use of cluster munitions by the Saudi-led coalition, including the first reported use of UK-manufactured cluster munitions in any conflict for nearly two decades.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

rose—

[Mr Kevan Jones]

Will the hon. Lady give way on that point?

[Ms Ahmed-Sheikh]

In a moment.

Amnesty found a partially exploded UK-manufactured BL755 cluster bomb munition—we discussed this in an urgent question—that had been used by the Saudi-led coalition forces. BL755 cluster munitions are known only to be in the existing stockpiles of Saudi Arabia and the United Arab Emirates, and are specifically designed for use by UK-supplied Tornado aircraft.

[Wendy Morton (Aldridge-Brownhills) (Con)]

Will the hon. Lady give way?

[Ms Ahmed-Sheikh]

I just want to finish my point about the report.

Cluster bombs are an illegal weapon banned under international law since 2008, and the UK is a state party to the 2008 convention on cluster munitions.

So what does this mean for the UK? A legal opinion prepared by Matrix Chambers in December last year detailed how UK arms transfers to Saudi Arabia constitute a clear violation of our national, regional and international arms transfer obligations.

[Wendy Morton]

Does the hon. Lady accept that the final delivery of BL755 cluster munitions to Saudi Arabia was in 1989—almost 30 years ago?

[Ms Ahmed-Sheikh]

I thank the hon. Lady for that point, which was made during the urgent question. There is absolutely no definitive position on this, nor can any guarantee be given that these weapons are not being used. The question has been asked on a number of occasions.

[Mr Kevan Jones]

Will the hon. Lady give way?

[Ms Ahmed-Sheikh]

If I can make some progress, I will give way in a moment.

The legal opinion prepared by Matrix Chambers in December last year detailed these UK arms transfers.

[Mr Jones]

Will the hon. Lady give way on this point?

[Ms Ahmed-Sheikh]

Specifically, the opinion states that the UK is in breach of article 6.3 of the arms trade treaty because the UK Government ought to have had the necessary knowledge that serious violations of international law were taking place.

[Mr Jones]

Will the hon. Lady give way?

[Ms Ahmed-Sheikh]

I know that the Government do not like hearing legal opinion, or indeed the opinions of experts, unless it suits their case, but I will continue to make my case. [Hon. Members: “Give way!”] I understand, Mr Deputy Speaker, that I am within my rights not to take interventions unless I so wish. I shall therefore proceed. [Interruption.]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We all want to get through today’s debate. Shouting means that I cannot hear the hon. Lady. That is not helpful to me, and it should not be helpful to you.

[Ms Ahmed-Sheikh]

Thank you, Mr Deputy Speaker.

The UK is also in violation—[Interruption.] For those who are clearly not listening, this is legal opinion. The UK is also in violation of article 7 of the arms trade treaty on the basis of a clear risk that future weapons supplies could be used to commit or facilitate serious breaches of international law.

What have this Government done to address and investigate these serious and widespread concerns? By their own admission, they have done nothing. After spending most of 2016 telling Parliament that assessments had been conducted and that they were confident that no breach of international law had occurred, they changed their story to declare that no investigation had been carried out at all, and now appear to have changed their mind again. On 4 January 2016, the then Foreign Secretary told this House—I am glad that I now have the Government’s attention—the following:

“I regularly review the situation with my own advisers and have discussed it on numerous occasions with my Saudi counterpart. Our judgement is that there is no evidence that”

international humanitarian law

“has been breached, but we shall continue to review the situation regularly.”

However, the written statement published by the Government on 21 July this year stated that it was important to note that the Government had not reached a conclusion as to whether the Saudis were guilty of international humanitarian law violations in Yemen. They said:

“This would simply not be possible in conflicts to which the UK is not a party, as is the case in Yemen.”—[Official Report, 21 July 2016; Vol. 613, c. 42WS.]

Then last month the current Foreign Secretary, who is in his place today, completely contradicted his own ministerial colleagues—a frequent occurrence—in an interview with “Channel 4 News”. He definitively stated that, after taking evidence from a “very, very wide” range of sources, the UK Government do not believe that Saudi forces have broken humanitarian law, despite the fact that his own Ministers withdrew previous similar statements to Parliament.

Who are we to believe—the previous and current Foreign Secretaries, who say that there has been a UK investigation, or the Under-Secretary of State for Foreign and Commonwealth Affairs, the hon. Member for Bournemouth East (Mr Ellwood), who is in his place and has been sent out to defend the indefensible once again? Do they really believe the assurances given to them by the Saudis? Have this Government really not properly independently investigated the claims? Do we really have no idea at all, given the close links that clearly exist between our Government and the armed forces, whether our closest ally in the middle east is using our weapons in this conflict, as the Prime Minister herself suggested last week to my right hon. Friend the Member for Moray (Angus Robertson)? This matters, because when the UK is presented with serious and widespread evidence of breaches of international law, we simply cannot take for granted the words of those who are accused of it.

[Stephen Doughty]

The hon. Lady is right to mention the letter of international law and the question of knowledge and clear risk. Does she agree that it is absolutely incredible, not least in the light of the funeral bombing, that some claim that there is no knowledge or clear risk that actions may be taken against civilians? Does not that get to the heart of the matter?

[Ms Ahmed-Sheikh]

I thank the hon. Gentleman for his intervention. Three Committees of this House—the Select Committees on Foreign Affairs, on International Development and on Business, Innovation and Skills—are of the uniform view that we cannot rely on the assurances of the Saudis and that there must be an independent, UN-led inquiry. Why are the Government not listening to the Select Committees of this House?

We agree with the Foreign Affairs Committee, whose recent report, “The use of UK-manufactured arms in Yemen”, concluded, among other things:

“We do not believe that the UK Government can meet its obligations under the Convention on Cluster Munitions by relying on assurances from the Saudis.”

[Mr Kevan Jones]

Will the hon. Lady give way?

[Ms Ahmed-Sheikh]

I am not giving way. The report continues:

“We recommend that the Ministry of Defence carry out its own investigation into the evidence of a UK-supplied cluster bomb found in Yemen.”

The Committee also believes that there should be an independent, UN-led investigation.

[Tom Tugendhat]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. There can be only one person on their feet. You have indicated that you want someone to give way, but if they do not, you must take your seat again.

[Ms Ahmed-Sheikh]

Thank you, Mr Deputy Speaker. We also agree with the joint report by the BIS and International Development Committees, which states:

“We do not believe that the UK Government can meet its obligations under the Convention on Cluster Munitions by relying on assurances from the Saudis.”

[Mr Kevan Jones]

Will the hon. Lady give way?

[Ms Ahmed-Sheikh]

I have indicated that I am not going to give way to the hon. Gentleman. The report continues:

“In the case of Yemen, it is clear to us that the arms export licensing regime has not worked. We recommend that the UK suspend licences for arms exports to Saudi Arabia, capable of being used in Yemen, pending the results of an independent, United Nations-led inquiry”.

[Dr Tania Mathias (Twickenham) (Con)]

Does the hon. Lady agree that it is critical that we see evidence of whether any stockpiles of cluster bombs have been destroyed?

[Ms Ahmed-Sheikh]

We have read tragic reports of cluster bombs being happened upon by children and of the terrible damage that they cause, so I welcome and agree with the hon. Lady’s intervention.

I agree with the proposition of all three Select Committees, which are unified in their view that there must be an independent inquiry and that we cannot rely on the Saudis to give assurances.

[Mr Kevan Jones]

rose—

[Ms Ahmed-Sheikh]

Through sheer generosity and kindness of spirit, I now give way to the hon. Gentleman.

[Mr Deputy Speaker]

You are too generous!

[Mr Kevan Jones]

I just want to help inform the debate. I put the point about cluster munitions directly to the Saudi Foreign Minister when he came here. He said that, yes, they had bought them, but that was 30 years ago; that they are not usable, because they are 30 years old; and that it would not be possible to use them anyway, because they cannot be integrated with modern jets.

[Ms Ahmed-Sheikh]

I am grateful for the hon. Gentleman’s intervention. I note the points that he has made and his questioning of the Saudi Minister, but does he not agree with the view of the Select Committees of this House that the UK Government cannot meet their obligations under the convention on cluster munitions by simply relying on the assurances to which he refers? I agree with the Committees.

[Mr Jones]

rose—

[Ms Ahmed-Sheikh]

I have given way to the hon. Gentleman, and I will not give way to him further. He has an opportunity to make a speech if he so wishes.

[Kirsten Oswald (East Renfrewshire) (SNP)]

Does my hon. Friend agree with the views of Penny Lawrence, the deputy chief executive of Oxfam, who said a few weeks ago that the UK had gone from being an “enthusiastic backer” of the international arms trade treaty to being

“one of the most significant violators”?

[Ms Ahmed-Sheikh]

I hope that hon. Members and the Government were listening to my hon. Friend’s point. This is a serious issue, and it should come as no surprise that people in this debate speak with such passion and concern about the loss of life and the Government’s inability to hold themselves to account. One wonders what the Government are afraid of.

There is a clear and overwhelming case for halting UK arms sales to Saudi Arabia. As the shadow Foreign Secretary pointed out, if the Foreign Secretary read the motion he would see that the amendment on halting UK arms sales to Saudi Arabia was ours. The amendment was not selected, but it remains our position that unless and until it can be confirmed categorically that these weapons are not being used on civilians, we should not be selling arms to Saudi Arabia. There is a moral and a legal case for that position, and the Government should act now. We need full disclosure over whether UK personnel have played any part at all in the conflict in Yemen. We support calls for an international independent inquiry into violations of international law in Yemen. It is the duty of all of us—all states—to uphold international law, and we should not be afraid to argue for that. Let us be absolutely clear: the UK must immediately suspend all sales to Saudi Arabia.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. May I just advise Members that we are going to have to be very brief and very concise? I will be a bit more lenient with the first two Members; I have asked them to take only seven minutes. After that, the limit will be five minutes.