Yemen

Tom Brake Excerpts

Thursday 12th January 2017 Commons Chamber

[Stephen Twigg]

The hon. Lady anticipates my final remarks. She used the word “slow”, as did the Minister. I have used the word “glacial”. The process is too slow, and I look forward to hearing the Minister tell us at what point the British Government will take the view that we need to move to an independent inquiry. I quoted the Government saying six months ago that they were not opposed to calls for an independent international inquiry but that first and foremost they wanted to see the Saudi Arabian Government carry out their own investigation. This situation has pertained for 14 months. How much longer do we have to wait before we can move to an independent investigation?

[Tom Brake (Carshalton and Wallington) (LD)]

Is the hon. Gentleman aware that the Ministry of Defence has delivered two training sessions in Saudi Arabia on the process of investigating alleged violations of international humanitarian law? I hope, as I am sure he does, that the MOD will have underlined the importance of dealing with these matters in an expedited manner.

[Stephen Twigg]

Absolutely, and I am sure that the Minister will have more to say on that when he speaks later. If it was the purpose of those sessions to remind all parties concerned that they have obligations under international humanitarian law, it is vital that those obligations should be fulfilled quickly.

The view taken by the International Development Committee and other Select Committees of this House was that we would only get the full investigation that we need if it was completely independent. It is now long overdue for us as a country to move to support a fully independent international investigation. It is simply not acceptable for us to wait indefinitely for the Saudi Arabians to conduct their own investigations while people are still dying in this conflict.

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[Tom Brake (Carshalton and Wallington) (LD)]

The scale of the humanitarian crisis in Yemen is unimaginable. A number of Members have referred to some of the statistics involved. I would refer only to the fact that 19 million people in Yemen—70% of the population—need humanitarian or protection assistance. This is clearly a huge crisis that the international community is responding to, or at least partly responding to. I hope that the Minister will be able to update the House on the progress being made on the United Nations appeal, which currently, according to the latest figures I have seen, is just under 60% funded.

I want to focus my comments, I am afraid—some Members will feel that this is not the appropriate focus—on the Saudi actions. I do so because the military action that is taken by the Houthis and the Saudis is a major driver of the humanitarian crisis that we see in Yemen. There is no doubt whatsoever that the Houthis are committing serious human rights abuses. The Minister was right to point out to me in a written answer about the attacks on Saudi Arabia that 90 Saudi deaths have been caused by the Houthis through cross-border attacks, with more than 500 people injured. However, it is also right that we in this place focus our attention on the Saudis, because they are our allies and they are using the weapons that we are providing them with.

I will limit my remarks to a few questions on which I hope the Minister will receive some inspiration in responding to the debate. First, do the UK Government know whether UK planes were used in the delivery of cluster munitions? This question has been posed before, but I do not believe that an answer has been given. I take that to mean that they probably have been used, in specific operations. Have the Government looked at whether UK-supplied aircraft have been used to deliver cluster munitions, whether there are any legal obligations under the Cluster Munitions (Prohibition) Act 2010 that would pertain to those activities, and whether the use of UK aircraft in that way would be covered by the UK’s cluster munitions prohibition?

A number of Members have mentioned that cluster munitions have been sold to the Saudis only up to a certain period. We know that 500 cluster munitions were delivered over a three-year period, and that they were safe and suitable for service only until 2008. I hope the Minister can clarify what that means in terms of the increased risk of civilian casualties. Presumably, if they are safe and suitable for service only until 2008, more recent use would increase the risk of civilian casualties because the ordnance would not explode on impact.

[Mr Ellwood]

Leaning on my previous military experience, as a general rule I would not want to go anywhere near any munition that has passed its sell-by date. I will write to the right hon. Gentleman with a more detailed answer, but I understand that these munitions did not fully blow up as they should have done. The fact that they were so old meant that they failed to work. This serves as advice to any country that has such stocks in their armouries: once the sell-by date has gone, they should clearly be removed. In this particular case, the country is not a signatory to the cluster munitions convention. From that perspective, it is not illegal to use cluster munitions, although we obviously advise against it.

[Tom Brake]

I understand that, but some Opposition Members would challenge the Minister on whether their use, in any circumstances, can be deemed legal. It is regrettable that he is arguing, in effect, that their use can be considered legal in some circumstances, because most people would consider their impact to be indiscriminate.

[Graham Jones]

I am following the right hon. Gentleman’s argument and he knows that I am going to make a counter-point. The state of Qatar is involved in the Gulf Co-operation Council mission in Yemen, so does he think that we should suspend our sales of coastal defence systems to it?

[Tom Brake]

I had anticipated the hon. Gentleman’s line of inquiry, but the focus of my remarks is on what the Saudis are doing, the use of cluster munitions and whether there is sufficient evidence to call for a suspension of arms sales and sufficient support for an independent inquiry, which the hon. Member for Liverpool, West Derby (Stephen Twigg) called for in his opening remarks. I believe that there is.

Will the Minister explain the basis on which the Saudi Arabians refused in 2010 to swap their cluster munitions for the more precise Paveway III bombs? I understand that the Ministry of Defence offered a free swap with no cost implications, so what is the Government’s understanding of why the Saudis refused to take up that offer?

My final point relates to the joint incidents assessment team, to which, as I made clear in an earlier intervention, the Government have provided advice on how to investigate matters of international humanitarian law. One of the JIAT members is Mansour al-Mansour, a Bahraini judge who played a significant and unfortunate role in a series of trials in Bahrain about which it has been said:

“A pattern of due process violations occurred at the pre-trial and trial levels that denied most defendants elementary fair trial guarantees.”

Does the Minister think that that person and, possibly, other members of the JIAT are suitably qualified to adjudicate on the issue of civilian casualties in Yemen? Clearly, the credibility of the JIAT must depend on the credibility of its individual members.

[Emily Thornberry]

Is the right hon. Gentleman aware that Mansour al-Mansour is known in Bahrain as “the butcher”?

[Tom Brake]

I thank the hon. Lady for putting that on the record. Clearly, there are significant concerns about his role and, therefore, his suitability for sitting on the JIAT.

In conclusion, there is a huge amount of evidence that suggests that the UK should suspend arms sales. I want to finish on the first point that was made in this debate, which is that there is now an overwhelming case for an independent inquiry into Saudi activities in Yemen. I fail to understand why the Government do not show the same enthusiasm as they did when they rightly made a very strong case for a similar independent inquiry in Sri Lanka.

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[Graham Jones]

I wish this debate were longer, as I could speak for two hours on this issue. [Interruption.] My hon. Friend the Member for Liverpool, West Derby is right; I have had a good go at going for three hours. The hon. Member for Torbay (Kevin Foster) is right, however. The proposal in that constitutional settlement was for a six-state federated Yemen, and President Saleh walked away from that; he walked away from the talks at Geneva because he did not want a federated state. He wanted to do what he was doing before: milk the state for himself. That is the problem, and all the while the people are suffering.

The Saudis are trying to get aid in. We have donated £100 million, which I am pleased about, but that is a fraction of what Saudi Arabia donates, yet we are trying to castigate the Saudis.

This conflict has been presented as Saudi Arabia against the people of Yemen: what an absolute load of garbage. The Saudis are operating under a UN mandate; five members of the GCC and four members of the Arab League are operating under that mandate, and Saudi is one component of that. It is the biggest component; I do not deny that. The Saudis are also guilty, it appears, of doing some awful things, and they should be held to account; nobody is saying anybody should be exempt from the law. But we must never take our eye off the ball: people are suffering in Yemen, and we must try to get to the end result of relieving that suffering. That is the primary purpose, and I am never going to slip away from that. I am not going to be taken on to some hard-left, loony left or right-wing bandwagon about arms sales to Saudi Arabia if that impacts negatively on the people in the region. I stand here unequivocal: I am here to help the people of Yemen, and I want to see the best outcome for them.

[Tom Brake]

Is the hon. Gentleman aware, however, that after the strike on the funeral in which I think 140 people died, even the UK Government were quoted as saying they were going to review their policy towards arms exports to Saudi Arabia? I wonder whether he has had any feedback on what that review has stated.

[Graham Jones]

There is an issue there; there is a concern—a well-meaning and genuine concern—that the speed and efficacy of Saudi’s investigations into some of the things they have done is not up to the required standard. However, as has been explained by many Members, they have attempted at least to come to this place, to speak with foreign powers, and to allow coalition partners who supply military equipment, as well as the British, to go in and be involved in looking at what is going on and in training. They have tried to a degree—although we do not know to what degree—to be open and transparent.