Aleppo

Debate between Tobias Ellwood and Hilary Benn

Monday 28th November 2016 Commons Chamber

[Mr Ellwood]

My hon. Friend, with the experience that he brings to the House, articulates the challenges that we face. We must work with the United Nations, and receive its advice on how best to get the aid in. I do not rule out the use of airdrops, but it must be a last resort when we are unable to get the trucks in by gaining permissions on the ground.

[Hilary Benn (Leeds Central) (Lab)]

I think that, in truth, all of us in the House, and in the world, feel ashamed by the fact that we are unable to bring food and medical supplies to the 250,000 people who are trapped in eastern Aleppo, including, as we have heard, 100,000 children. They are in harm’s way today. I understand—we all understand—the difficulties involved in airdrops, such as the one raised by the hon. Member for Beckenham (Bob Stewart), but back in the summer—as we heard from my hon. Friend the Member for Islington South and Finsbury (Emily Thornberry)—the then Foreign Secretary told the House that agreement had been reached for airdrops to be used if necessary. I simply say to the Minister that if this is not the last resort, given what is being reported every day, what on earth is?

[Mr Ellwood]

I pay tribute to the right hon. Gentleman and the work that he has done in this regard, and I have listened carefully to what he has said. I spent some time discussing what we could do with Matthew Rycroft, head of the United Kingdom Mission to the United Nations in New York. Unless we have permission for aircraft to enter that space—not necessarily British aircraft; any aircraft—the dangers that those aircraft are likely to face will be considerable. We need to weigh up the options to ensure that we are content for those risks to be taken.

Humanitarian Law (Yemen)

Debate between Tobias Ellwood and Hilary Benn

Monday 5th September 2016 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on Government assessments of breaches of international humanitarian law in Yemen.

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)]

I should like to thank the right hon. Member for Leeds Central (Hilary Benn) for raising this important matter and to pay tribute to him for his work on keeping the House up to date on these matters and providing the scrutiny we need. Recognising the importance of the issue, my right hon. Friend the Foreign Secretary issued a written ministerial statement today to update Parliament on the situation in Yemen, and this update specifically includes references to international humanitarian law.

We are aware of reports of alleged violations of international humanitarian law by parties to the conflict. As I have said on many occasions, we take these allegations very seriously. The Government regularly raise the importance of compliance with international humanitarian law with the Saudi Arabian Government and other members of the Saudi Arabian-led military coalition. The Foreign Secretary raised the issue of international humanitarian law compliance most recently with his Saudi counterpart, Foreign Minister Adel al-Jubeir, on 22 August. I also did so in Jeddah on 25 August, at the Yemen conference chaired by Secretary John Kerry.

It is important that, in the first instance, the Saudi Arabian-led coalition conducts thorough and conclusive investigations into incidents where it is alleged that international humanitarian law has been breached. This follows international practice. The coalition has the best insight into its own military procedures and will be able to conduct the most thorough and conclusive investigations. This will also allow the coalition forces to understand what went wrong and to apply the lessons learned in the best possible way. This is the standard that we set for ourselves and our allies. In this respect, Saudi Arabia announced more detail of how incidents of concern involving coalition forces are investigated on 31 January. The Saudi Arabian-led coalition joint investigations assessment team publicly announced the outcome of eight investigations on 4 August, and further publications will follow.

I also want to reiterate that clarifications made in the 21 July written ministerial statement do not reflect a change in position. The changes were made to ensure that the parliamentary record is consistent and that it accurately reflects policy. The statement of 21 July outlines that it is

“important to make clear that neither the MOD nor the FCO reaches a conclusion as to whether or not an IHL violation has taken place in relation to each and every incident of potential concern that comes to its attention. This would simply not be possible in conflicts to which the UK is not a party, as is the case in Yemen.”

The MOD monitors incidents of alleged international humanitarian law violations using the available information. This has been used to form an overall view on Saudi Arabia’s approach and attitude to international humanitarian law. In turn, that informs the risk assessment made under the consolidated criteria on whether there is a risk that something might be used in the commission of a serious violation of international humanitarian law. We are not acting to determine whether a sovereign state has or has not acted in the breach of international humanitarian law. Instead, as criterion 2(c) requires, we are acting to make an overall judgment.

I am sorry that there has been confusion. We are responding to two written ministerial statements that were in error. After trawling through other such statements, of which there are more than 90, four more were seen to be in error. I came to the House today in order to clarify that, but as soon as I became aware of it I made a statement and wrote to the right hon. Gentleman and the Chairs of the International Development Committee, the Committees on Arms Export Controls, and the Foreign Affairs Committee. I hope that that has clarified the situation.

[Hilary Benn]

I thank the Minister for his reply. As he knows, there have been many reports by the UN and others of breaches of international humanitarian law in Yemen by both the Houthis and the Saudi-led coalition, which uses British military equipment. Ministers have been repeatedly questioned about that and the Government told the House that they

“have assessed that there has not been a breach of IHL by the coalition.”

Then, as we have just been told, on 21 July—by chance, the day on which the House rose—a written ministerial statement corrected that and other answers, stating that the Government have

“been unable to assess that there has been a breach of IHL by the Saudi-led Coalition.”

That is the very opposite of what the House had been repeatedly told. I listened carefully to what the Minister had to say, but he offered no satisfactory explanation of why that happened. First, will he do so now? It was not a minor correction but a consistent failure to provide Members with accurate answers.

Secondly, the mistakes were identified on 24 June, as I understand it, but they were not reported to the House until 27 days later, even though the “Ministerial Code” says that Ministers must correct

“any inadvertent error at the earliest opportunity.”

Why did it take so long?

Thirdly, after months of the Government being apparently incapable of doing an assessment of international humanitarian law, they have managed to undertake one during the recess in relation to the arms export tests, which state that a licence should not be granted

“if there is a clear risk... of a serious violation”

of IHL. The Foreign Secretary said in a written statement only this morning:

“Having regard to all the information available to us, we assess that this test has not been met.”

When is an assessment not an assessment? Will the Minister now tell us what detailed assessment preceded the conclusion that was reported to the House today and what information it drew upon? Will he publish both?

Finally, will the Government now suspend arms sales to Saudi Arabia until they are able to assure the House that they have done a proper assessment and can explain why they believe that international humanitarian law has not been breached in Yemen when the UN clearly says that it has?

[Mr Ellwood]

Let us take a step back and make it clear why Saudi Arabia is leading the coalition to support President Hadi. It is allowed to because of UN resolution 2216, of which the right hon. Gentleman is fully aware. Were it not for that, the atrocities that we see and the devastation that is taking place would be a lot worse. The Houthis would have pushed far down through Sana’a, the capital, and all the way to the port of Aden. It would be a humanitarian catastrophe.

Having said that, we absolutely need to make sure that our allies and partners are honouring international humanitarian law, which is why we have regularly raised these matters. I invite the right hon. Gentleman to join me when the Saudi Arabian Foreign Minister comes to this place on Wednesday to address any questions that are put by parliamentarians; it is at 10 o’clock and the right hon. Gentleman is more than welcome to come. I will make sure, because I will be moderating the event, that he is able to put some of these questions to the Foreign Minister.

On the general point, the right hon. Gentleman simply repeated the difference in the two lines, which I have endeavoured to correct. I have answered more than 90 parliamentary questions on this matter. We found out that two of them were incorrectly written, with a further trawl showing that four more were incorrectly written, and we immediately decided to correct the matter. I agree that the timing, first in replying to the various heads of the Committees, was slower than it should have been. If he knows me, he will know that I would not sit on this matter; the reason for this was simply that there was a change of government, and there were delays—I did not even know whether I was going to continue in this portfolio. As soon as I became aware of the situation, I made sure that the necessary information was out there and that we did a further trawl to make sure nothing else was erroneous. I then wrote to the relevant Committee Chairs and to the right hon. Gentleman.

Arms Sales to Saudi Arabia

Debate between Tobias Ellwood and Hilary Benn

Thursday 28th January 2016 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

(Urgent Question): To ask the Secretary of State to make a statement on arms sales to Saudi Arabia in the light of the report of potential breaches of international humanitarian law in Yemen.

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)]

As the Prime Minister said yesterday, the Government take their arms export responsibilities very seriously and operate one of the most robust arms export control regimes in the world. All export licence applications are assessed on a case-by-case basis against the consolidated EU and national arms export licensing criteria, taking into account all relevant factors at the time of the application. A licence will not be issued for any country if to do so would be inconsistent with any provision of the mandatory criteria, including where we assess there is a clear risk that it might be used in the commission of a serious violation of international humanitarian law. All our arms exports to Saudi Arabia are scrutinised in detail through established processes and against the EU and national consolidated criteria.

The Government are aware that UK-supplied defence equipment has been used in Yemen. We take very seriously any allegations of IHL violations and regularly raise the importance of compliance with the Saudi Government and other members of the military coalition, as I did when I visited Saudi Arabia on Monday. We have said that all allegations of IHL violations should be investigated.

The Ministry of Defence monitors incidents of alleged IHL violations using the available information, which in turn informs our overall assessment of IHL compliance in Yemen. The Government are satisfied that extant licences for Saudi Arabia are compliant with the UK’s export licensing criteria.

As the House knows, the situation in Yemen is complex and difficult. The UK supports politically the Saudi-led coalition intervention, which came at the request of the legitimate President Hadi, to deter aggression by the Houthis and forces loyal to the former President Saleh and allow for the return of the legitimate Yemeni Government.

We have been clear with all parties that military action should be taken in accordance with IHL. The coalition has played a crucial role in reversing the military advance of the Houthis and forces loyal to the former President, which is now helping create the conditions for the return of the legitimate Yemeni Government.

The military gains of the coalition and the Yemeni Government must now be used to drive forward the political process. The UN-facilitated political talks are the UK’s top priority, and they are likely to recommence in February.

[Hilary Benn]

I thank the Minister for his reply. As the House knows, there is a humanitarian catastrophe in Yemen as a result of the civil war, in which more than 7,000 people have been killed, 2.5 million displaced, and millions more left without food. We all want to see the return of a legitimate Government to Yemen, but non-governmental organisations, including Médecins sans Frontières, Amnesty International and Human Rights Watch, have reported serious potential breaches of international humanitarian law by all sides, and the UN has spoken out about what is happening.

Yesterday, it came to light that the final report of the UN panel of experts has

“documented that the coalition had conducted airstrikes targeting civilians and civilian objects, in violation of international humanitarian law.”

It refers to weddings, civilian vehicles, residential areas, schools, mosques, markets and factories. I understand that the Government received the report on Monday. Will the Minister set out what specific action, if any, has been taken since receiving it?

The panel documented 119 coalition sorties relating to violations of international humanitarian law, and we know that UK armaments and planes sold to Saudi Arabia are legitimately being used in this conflict. However, our arms export licensing criteria state clearly that

“the Government will...not grant a licence if there is a clear risk that the items might be used in the commission of a serious violation of international humanitarian law.”

Will the Minister explain how many of these incidents have been examined, and why he is satisfied that IHL has not been breached? How many of the 119 Saudi-led coalition sorties have the British personnel on the ground provided a “quick check” on given that the Foreign Secretary told the House that

“our people on the ground have reported that there is no evidence of deliberate breaches of international humanitarian law”?—[Official Report, 12 January 2016; Vol. 604, c. 697.]

Can the Minister explain how he squares that statement with the conclusion of the UN panel of experts? Will the Minister assure the House that he has not received reports from our personnel of any breaches of international humanitarian law and not just “deliberate” breaches?

Given all the reports, particularly the findings of the new UN panel, will the Minister explain on what grounds he thinks that there should not be a proper investigation into whether there is a clear risk that British items might be used in the commission of a serious violation of international humanitarian law? Given the detail of the UN panel’s report and the extreme seriousness of its findings, will the Government now suspend arms sales to Saudi Arabia until that investigation concludes? This is about whether the Government are implementing their own arms control rules. Appearing to be reluctant to do so does them no credit nor does it help those who are affected by this conflict, which urgently needs to come to an end.

[Mr Ellwood]

First, I thank the right hon. Gentleman for the tone and manner in which he has raised these very important issues. He was absolutely right to start by outlining the humanitarian catastrophe that we face, with so many people failing to get the food and water necessary to survive.

Unfortunately, NGOs are prevented by the conflict from getting to the very areas they need to reach. Sadly, however, we have also seen the Houthis using food—denying it to people—as a weapon of war. Not only have they taken away trucks from NGOs and UN organisations, but they have taken away the trucks that Saudi Arabia has provided. The kit, trucks, food and water have all been stolen by the Houthis and distributed by them to favour their supporters in a country that—we should understand this—is extremely complex. Even the concept of the nation state is very modern in a country that, for thousands of years, has been conducted as a tribal society, where loyalty is to the family, the community and the tribe.

The right hon. Gentleman mentioned potential breaches. I am pleased that he used the words “alleged” and “potential”, because it is important that this is evidence-based: we need to see the evidence and the details to make firm judgments, rather than rely on hearsay or, indeed, photographs. That is what we should do to understand such a dynamic situation, in which asymmetric warfare is being used.

We are aware that the Houthis, who are very media-savvy in such a situation, are using their own artillery pieces deliberately, targeting individual areas where the people are not loyal to them, to give the impression that there have been air attacks. That is not to exonerate Saudi Arabia from any of the mistakes it might have made, but it is why it is so important to have a thorough process to investigate absolutely every single incident. During my visit this week, I made it very clear that while we now have a process to be followed in Saudi Arabia—as in Kunduz, and in countries such as Afghanistan—it must be improved: every time an alleged incident is put forward by an NGO or another country, Saudi Arabia must conduct the necessary process to confirm exactly what happened and whether its aircraft were involved. If the Saudi Arabians were involved, they must put up their hands and follow the due processes of international law.

The right hon. Gentleman referred to the report by the UN panel of experts. He has a copy of it, and so do I. However, it is the leaked report. It was received by the UN on Monday, but not given to us. We have not officially received the report. [Interruption.] Yes, of course I have got it, but I have not received it or had time—[Interruption.] The hon. Member for Rhondda (Chris Bryant) should hang on for a moment. I have not received it officially, and it is important to have a chance to digest it.

From what I have read of the report, I can say that I take it extremely seriously, as we absolutely must. I commit myself to inviting the Saudi Arabians to sit down with us at a very senior level. There are two opportunities to do so next week: first, in Rome, where the counter-Daesh coalition will meet; and secondly, in London, where, as the right hon. Gentleman will be aware, we are hosting the Syria conference. We will sit down and discuss with them the allegations and all the information in this important report.

We should however recognise, as I know from having been able to glance at the report, that the people who wrote it did not visit Yemen. They did not actually go there, but based the report on satellite technology. That does not mean that we should dismiss it; we are taking it very seriously, and I commit myself to sitting down with the Saudi Arabians to go through it with a fine-toothed comb. I just make it very clear, however, that we must do so in a methodical way, on the basis of the evidence and following the process itself.

The right hon. Gentleman spoke about the number of sorties that have taken place. Yes, there are questions about many of the sorties, but we must understand that thousands of sorties are taking place and we must put the questions about those sorties in that context.

As the Prime Minister and the Foreign Secretary have said, it is clear that we are not part of this coalition—we are not in the targeting cell—but it is important, because of the equipment we are selling to Saudi Arabia, that we make sure due process is followed absolutely.

Saudi Arabia

Debate between Tobias Ellwood and Hilary Benn

Tuesday 5th January 2016 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

I am grateful to the Minister for his statement and for giving me advance sight of it. He is right to refer to the long-standing relationship between the United Kingdom and Saudi Arabia, to our trade relations, to the vital importance of intelligence and security co-operation in countering terrorism and to the efforts that both countries are making to defeat Daesh brutality. But with the region already in ferment, with the brutal civil wars in Syria and Yemen and the threat from Daesh not only in Syria and Iraq but in Egypt, Libya and elsewhere, the Minister must recognise that the execution of Sheikh Nimr al-Nimr and 46 other people has caused a major diplomatic and political crisis. Surely the basis of any close relationship must be that the two parties can be honest with each other.

We, too, oppose the use of the death penalty in every circumstance, including what has happened in Saudi Arabia. But we on this side of the House believe that the Saudi Government were profoundly wrong to execute Sheikh al-Nimr, a Shi’a cleric, and three young Shi’a men whose alleged offences appear to have involved taking part in political protests and demonstrations against the current Government. The House will have noticed that neither the Prime Minister’s comments nor the Minister’s statement today mentioned Sheikh Nimr al-Nimr by name, and that is a matter of great regret.

These mass executions have caused dismay and outrage around the world. Amnesty International has described Sheikh al-Nimr’s trial as “seriously flawed”, and reported that he was denied the most basic means to prepare for his defence and was not represented by legal counsel for some of the proceedings because the authorities did not inform his lawyer of some dates of the hearings. Does the Minister share those concerns? Can he confirm the basis on which he has just told the House that the Government still believe that the sheikh’s nephew, Ali al-Nimr, who was convicted and sentenced to death as a juvenile, will not now be executed, given that his uncle has only just been put to death?

In the last few days, the Saudi embassy in Tehran has been attacked and there has been a breakdown of diplomatic relations between Saudi Arabia, Iran and other Gulf states. This is a very dangerous moment. In agreeing with the Minister’s call for calm and restraint, may I ask what he thinks the implications of this crisis will be for the Vienna talks on Syria? What are the prospects for the urgently needed ceasefire there, and does he still think that face-to-face negotiations between the parties will start by the end of this month? What is his assessment of the impact of all this on the Yemen peace talks, given that the Saudi-led coalition, which has been bombing the Iranian-allied Houthi movement in Yemen for nine months, announced on Saturday the end of a ceasefire that only began on 15 December?

The humanitarian crisis in Yemen is increasingly desperate, and many civilians have been killed in airstrikes. There have been reports of potential breaches of international humanitarian law by the Saudi military, which uses British-supplied weapons, among others. Before Christmas, in the light of those reports, I called on the Government to launch an immediate review of arms export licences relating to Saudi Arabia. Will the Government now carry out an independent investigation into whether there is a risk of UK arms being used in breach of international humanitarian law? I ask this because the Government say that they have urged Saudi Arabia itself to investigate any such breaches of international humanitarian law. Will the Minister tell the House what investigations have been undertaken by the Saudis, and what assessment he has made of their credibility?

Following the cancellation of the proposed UK prison contract, will the Government now publish the memorandum of understanding on judicial co-operation signed with Saudi Arabia on 10 September 2014? What discussions have taken place since then, and does the Minister think it would be appropriate now to suspend any co-operation on judicial matters with Saudi Arabia in the light of these mass executions?

Finally, it has been reported that in 2013 the UK assisted Saudi Arabia in its candidacy for a place on the United Nations Human Rights Council. Can the Minister confirm whether that was the case? If it was, why did the UK Government take that action, given that his own Department’s human rights and democracy report lists Saudi Arabia as one of the countries of human rights concern, relating not only to its use of the death penalty but to access to justice, to women’s rights, and to the rights to freedom of expression, freedom of assembly and freedom of religion or belief—all of which this House and our country are deeply committed to?

[Mr Ellwood]

Before I reply to the right hon. Gentleman’s important questions, may I just say that I am delighted to see him in his place today, following so much speculation? He commands a great deal of respect, and Parliament is all the wiser for his expertise in foreign affairs. I am pleased to see him back in his place.

The right hon. Gentleman has raised a number of questions, some of which related to the relationship between Saudi Arabia and Iran. He mentioned the importance of the work being done in Yemen and in Libya and also in Syria. It is fair to say that we ended 2015 in a better place—marginally—than we started it, so far as the middle east is concerned. We had a ceasefire in place in Yemen. We had agreement around the table from adversaries from Iran, Russia, Saudi Arabia, the United States and France, and from other participants and stakeholders in Syria, after waiting four years for all the necessary players to work together and agree on the requirements for a ceasefire and a transition process and on the necessary steps to put in place an 18-month approach towards elections. That could not have happened had Iran and Saudi Arabia not come to the table themselves.

The right hon. Gentleman is right to point out the involvement of Saudi Arabia in Yemen. It leads a large coalition—he is fully aware that it is not just Saudi Arabia that is involved there—and had that action not been taken, the Houthis would have moved all the way down to the port of Aden. The consequences of that would have been dire. So yes, Saudi Arabia has participated in the push-back, but it is following resolution 2216, as he is also well aware.

Saudi Arabia is bringing together the opposition parties that have not been at the table at the Vienna talks, and that is absolutely critical. That illustrates the work that Saudi Arabia needs to do. I hope the right hon. Gentleman agrees that we need to de-escalate the tensions. We have had confirmation from Saudi Arabia that it wants to continue to participate in the Vienna talks, and I am pleased that the President of Iran has condemned what happened at the Saudi Arabian embassy and at the consulate. That condemnation is important if we are to see a de-escalation of tension.

The right hon. Gentleman mentioned arms sales. He is aware that Saudi Arabia has the right to defend itself and to participate in UN-approved actions in places such as Yemen. We have in place a robust system of licensing and scrutiny. We will look at any aspect of this where we feel that UK arms have been seen to be used inappropriately. We are working to make sure that the coalition, comprising not only Saudi Arabians but Emiratis, Jordanians, Egyptians and all those who are involved, tries to follow the standards of military engagement that we honour in this country as well.

The right hon. Gentleman specifically asked about—or made reference to—judicial co-operation under the memorandum of understanding. I understand from the Under-Secretary of State for Justice, my hon. Friend the Member for Esher and Walton (Mr Raab), that there is no agreement on judicial co-operation in that MOU.[Official Report, 11 January 2016, Vol. 604, c. 3-4MC.] We are working behind the scenes with Saudi Arabia and we are endeavouring to improve the situation in Saudi Arabia, but this country is pivotal to overall peace in the middle east. Only with agreement to de-escalate the current tensions will we see Iran and Saudi Arabia come back to the table to make sure that we can build on what we did in 2015, in Yemen, in Syria and in places further afield such as Libya.

Oral Answers to Questions

Debate between Tobias Ellwood and Hilary Benn

Tuesday 9th June 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)]

I am grateful for my right hon. Friend’s interest in this area. In an effort to remove connections to past civilisations, ISIL is indeed tearing down ancient monuments and selling them on the black market. The International Council of Museums, to which she refers, and its red list will help tackle illegal sales, and the Government very much support it.

[Hilary Benn (Leeds Central) (Lab)]

As more and more people try to make the perilous boat journey across the Mediterranean, the dedicated men and women of HMS Bulwark are having to rescue an ever-increasing number of desperate people in very difficult circumstances. Given that about half a million people are now gathering in Libya, does the Foreign Secretary think that there is currently sufficient capacity in the EU maritime force to cope with this crisis?