Yemen

Tom Brake Excerpts

Thursday 26th January 2017 Commons Chamber

[Mr Ellwood]

The Minister of State for International Development, my hon. Friend the Member for Penrith and The Border (Rory Stewart) met Stephen O’Brien only a couple of weeks ago, and I meet our former colleague regularly. At the UN General Assembly in September last year, he co-chaired a meeting with the Secretary of State for International Development to raise funds, to ensure that other countries joined us in providing the finances necessary to give humanitarian support to Yemen. I pay a huge tribute to him and the work that he is doing in the United Nations.

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

Does the Minister agree that repeated violations of international humanitarian law would feed the humanitarian crisis in Yemen? The UK Government’s assurances that no such violations have been committed by the Saudi-led coalition are worthless when, in the Minister’s own words,

“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.”

[Mr Ellwood]

I have mentioned that we had the Foreign Minister of Saudi Arabia come here and answer that question directly. Saudi Arabia has no interest in somehow bombing Yemen back into the past, and the storyline that some are trying to perpetuate is simply wrong. We are talking about an ally and a neighbour, and the two countries have a long combined history. It is in Saudi Arabia’s interest for Yemen to thrive and prosper, so the idea that Saudi Arabia would continue to want to bomb agricultural areas, schools or other such things for the sake of it is simply misleading.

Civil Society Space

Tom Brake Excerpts

Thursday 26th January 2017 Westminster Hall

[Jim Shannon]

I thank the hon. Lady for her intervention. She is vice-chair of the all-party parliamentary human rights group, so I know the good work that she does. She has been a focal person in speaking out on such issues, and I wholeheartedly endorse that. She has outlined a number of the things that she, I and others have written about to the Foreign and Commonwealth Office.

The nature of restrictions on civil society varies, but common elements of such laws include: targeting activists who scrutinise Government policies; increased scrutiny of NGO activities and sources of funding, which is all very investigative and focused on making life difficult for the NGOs; and, in some cases, the targeting of organisations that work on issues such as women’s rights, freedom of religion or belief, LGBTI or lesbian, gay, bisexual, transgender and intersex rights, migrants’ rights, and the environment. Those are all critical and important issues in civil society throughout the world. It is important to retain such organisations.

Repressive practices are not limited to states such as Russia, Egypt or Pakistan: they are in danger of spreading across the world, as the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) said in her intervention. Civil society experts have spoken of a contagion effect, whereby repressive laws introduced in one country are copied by its neighbours, who might think, “That’s the way to do it.” It is not.

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

Does the hon. Gentleman agree that a good example of what he is referring to is the law against NGOs being deployed in Egypt? Perhaps Egypt is copying the law deployed in Russia. We hope that such things are raised by the FCO at every opportunity in its discussions with the Egyptians.

[Jim Shannon]

I commend the right hon. Gentleman for his action in this House on human rights. He regularly brings issues to the attention of Ministers and Departments, for which I thank him. In his intervention he gave another example of exactly what happens, which is that spreading across. It is imperative that civil society space is protected; otherwise, repressive practices and violations of human rights could spread further. We need to have debates such as this one and what I hope will be a positive response from the Minister and the Government.

The debate provides an opportunity to identify the many benefits of thriving civil society spaces and the innovative ways in which the UK can support them. Furthermore, we can raise the issue of the considerable pressures on civil society and of civil society’s important role as a driver for positive socioeconomic and political development, as well as for the promotion and protection of human rights.

Unfortunately, there is today an extremely worrying trend in many parts of the world: that those who stand up for those in need are themselves increasingly subjected to various forms of attack for doing so, including physical attack. Today, in this House, we need to stand up for human rights and liberties, such as people’s right to pursue their religious beliefs, not to suffer persecution and to worship their God.

As chair of the APPG on international freedom of religion or belief, I have heard of far too many people far too often being in desperate need of others to support and speak up for them. This is our chance to be a voice for the voiceless—to speak up for those who cannot speak for themselves and who might not know what we are doing. We do so because we want to and because we have a job to do in this House. Sometimes, all it takes is for something to be said for a difference to be made. That is what is so worrying about the restrictions on civil society: they are making it even more difficult to let people support, speak out and make positive changes for each other. That is what we should be trying to do.

What exactly is civil society? It includes all NGOs and institutions that manifest the interests and the will of citizens. It includes the family, the private sphere and other special interest organisations. It also includes bodies and individuals who organise to represent a religious, business, academic, social or quasi-political interest within a community. That is a large raft of issues across all of society.

Without input from civil society, both the legislature and the Executive would be less informed and more disengaged from issues that affect members of the community. Such input has been critical to humanitarian and human rights reforms, of which one of the most conspicuous was the abolition of slavery in the early 19th century. Other input was on issues such as child labour laws, property and electoral reform, women’s rights and the maintenance of human rights. We are here because of our interest in human rights, so I want to make that point very clear.

The ebb and flow of information between legislators and civil society is an integral part of modern democracy. Moreover, sectors of civil society frequently possess deeper knowledge and expertise on some subjects than is readily available from Departments. It would be a gross error for the legislature or the Executive to hamper in any way the expression of the views of civil society. Civil society is protected through rights such as those to freedom of association, assembly, expression and religion or belief.

The role of NGOs is significant, but civil society goes beyond simply collective organisations of people. Hence, the definition of civil society must be expanded to include how people organise themselves today in the 21st century, because how it is done has evolved. As technology develops, people increasingly frequently utilise the internet to raise human rights and other issues online, as well as through social media and other platforms. It must be noted that none of those spaces in which civil society operates is immune from the pervasive measures being implemented throughout the world to restrict civil society.

The angle that I am coming from as I set the scene is that of freedom of religious belief and civil society. As everyone present probably knows, that right is an area that I am deeply passionate about and it is deeply linked to and affected by the closing of civil space across the world. When the Pakistan minorities APPG members and I met those NGO administrators and other people in September, I recognised that what they were describing was happening on the ground not only to them in Pakistan, but in other parts of the world.

The link with religious freedom can predominantly be seen in two ways. First, the closing down of civil society directly limits individuals’ ability to exercise their freedom of religion or belief, as civil society often includes people simply coming together to promulgate their faith or beliefs. The restriction of such activity directly contravenes article 18 of the universal declaration of human rights, which includes the freedom to manifest and practise religion or belief in public—it is right there. That is a clear example.

[Tom Brake]

The hon. Gentleman may be coming to this, but does he agree that two faith communities in particular are being heavily targeted? The Ahmadiyya Muslim community is at risk in places such as Pakistan and, more recently, Algeria, and the Baha’i faith is under threat in Iran.

[Jim Shannon]

I totally concur, and I will mention those communities. It is good to have a collective positive opinion on behalf of those people.

CIVICUS Monitor has analysed what drives violations of civic space. Government leaders have often taken drastic measures to prevent people from criticising their decisions, engaging in human rights monitoring or calling for their basic social or economic needs to be met. Civil society actors frequently say that “security concerns” were cited as the rationale for restricting their voices and actions. It is easy to do that—it is a simple way of controlling what takes place—but it is wrong if it is used for that purpose.

I turn to Pakistan, which I have a heart for; I know that many people in the Gallery have a heart for it, too, as do all the Members who are here. The shrinking of civil society space can be seen vividly in Pakistan, and it is having a detrimental effect on individuals’ freedom to manifest and observe their religion or beliefs. That is particularly troubling as civil society has played a key role in supporting the country to move forward in the face of adversity. NGOs in Pakistan have advocated for political processes when military dictators have made life difficult for political parties and made it hard for individuals or civil society to make other collective efforts.

Although many people are trying to move forward, some are trying to pull them back. NGOs have assisted Governments whenever public service delivery, developing democratic systems and responding to mega-disasters have become too challenging. We in this House have helped very constructively whenever disasters have taken place. The Minister was part of that process in his former role. NGOs have even provided a voice for the marginalised and kept human ideals alive. For example, 26 million Pakistanis and 1.5 million Afghan refugees are supported by international NGOs to meet their urgent needs for relief and recovery, as well as their longer-term needs for social and political development.

It is heartbreaking to hear reports of the worsening situation for civil society groups and human rights defenders in Pakistan. Those horrendous stories of specific victimisation and persecution are terribly difficult to hear, especially when we consider the many positive activities in which those people have engaged to help the country develop socially and economically.

In a written statement to the United Nations Human Rights Council in 2015, Christian Solidarity Worldwide highlighted the threats against and intimidation of human rights defenders in Pakistan, which is a highly divided and polarised society. They face constant threats and intimidation from multiple sources, including state and non-state actors, religious and political groups, local communities, district administrators and the police. CSW said:

“The volatile security situation, growing religious fundamentalism, and complex political circumstances in Pakistan make their work very dangerous.”

Human rights activists who speak out about human rights violations are subjected to harassment and targeted attacks, with little protection from the Government or security forces—specifically the police, whose task that is. There is much evidence from across Pakistan to back that up. Lawyers and judges are particularly vulnerable when defending the rights of people accused of blasphemy. Lawyers who take on blasphemy cases are subjected to extreme pressure before, during and after court hearings. CSW reports that activists,

“lawyers and district level judiciary have been threatened and killed throughout Pakistan”.

Rights defenders continue to be harassed and attacked with impunity, creating an air of silence and fear in society.

The murder in 2016 of several activists epitomises what is happening to civil society space across the world. These are specific stories of people who were targeted. Zafar Lund was shot in the head by unidentified assailants and died outside his home in Kot Addu in Punjab province on 14 July. He was a member of a civil society forum that aims to protect water rights. He promoted local Saraiki folklore and storytelling, and supported education and children’s rights. On 7 May, Khurram Zaki, a prominent human rights campaigner and editor, was shot dead by four unknown assailants while he was having dinner at a restaurant in north Karachi. More recently, there have been concerns about the enforced disappearance of four human rights activists who have campaigned for human rights, including the right to freedom of religion and belief, and had a blasphemy case brought against them. They have used their blog to report on human rights violations by security forces and religious extremists in Pakistan.

Those cases feed into the wider trend of silencing civil society that has sparked protests across Pakistan against the abduction of activists. However, the Ahmadiyya community has been subjected to the worst actions against civil society, as the right hon. Gentleman said. On 5 December 2016, 28 armed police from the counter-terrorism department of the Punjab police forcefully entered the headquarters of the Ahmadiyya Muslim community in Rabwah. The raid was carried out without a warrant, and four Ahmadiyyas were unlawfully arrested under anti-Ahmadiyya and anti-terror laws. Using the law of the land to target people is a crime, and it should not be allowed to happen. Those people are being held in custody and have been tortured, despite having committed no crime whatever.

That raid followed the arrest and conviction in January last year of an 80-year-old shopkeeper, who was imprisoned for eight years under anti-terror laws for possessing copies of the Koran. There are serious concerns that the recent arrests will similarly result in unlawful sentences, without any justification. The raid marks a turning point in the history of Pakistan, as it was carried out by the Government rather than extremists. There is something seriously wrong when the Government, who we should all have faith in, use their strength and power to target minorities and ethnic groups. It is almost unbelievable. The fact that police are able to enter Ahmadiyya premises without a warrant and against a high court order, make arbitrary and unlawful arrests, subject Ahmadiyyas in custody to torture, and convict them without any evidence sets a dangerous precedent. That concerns me and others who are here today. What discussions have the Government had with the Pakistani Government to end their misuse of anti-terror laws and ensure that civil society is safe and able to thrive for the positive development of Pakistan?

While I am focusing on south Asia, I will also raise the case of Shahidui Alam, a world renowned photographer and journalist from Bangladesh who has very close ties with us in the UK. Just this morning, he and others were arrested in Dhaka while protesting against the Bangladeshi Government’s plans to build a coal-fired power station near the Sundarbans, the world’s largest mangrove forest and a UNESCO world heritage site. Police allegedly used excessive force and violence, and a bus, to ram down the crowds. Previously, they have used water cannon to dispel peaceful protests.

Security forces in Bangladesh have a well-documented history of using excessive force to prevent protests, which I and others have raised in the House before. There has also been a sharp rise in the targeting of activists and protestors by Government forces, and an increase in restrictions on civil society in general across Bangladesh. Protests against the power station’s construction are ongoing. Those issues are for another debate, but we must look at them. They illustrate the continuing disproportionate response of the Bangladeshi Government, who, in direct contravention of international human rights obligations, shut down peaceful civil society protests and reduced the space for protesters to be heard and engaged with. Again, can the Minister reassure the House and those involved in this debate that, given our close ties with Bangladesh through our diaspora communities and the Commonwealth, the Government will press this issue with their counterparts there?

The issues in Bangladesh go well beyond those I have listed; I will speak on others as well. Organisations have expressed many concerns about Bangladesh and the closure of its civil society. Restrictions on freedom of expression, under section 57 of the Information & Communication Technology Act, 2006, have caused particular concern. It states that any person deliberately publishing any electronic material that causes law and order to deteriorate, prejudices the image of the state or person or causes hurt to religious belief will be punished with a maximum of 14 years and minimum seven years imprisonment.

The Bangladeshi Government have used that section to arrest and charge journalists for publishing what they allege to be fake, obscene or defamatory information in electronic form. The ICT Act has previously been used, and continues to be used, to oppress freedom of expression in Bangladesh, and amendments to the Act in 2013 further increase police powers and penalties for violations. The growing application of section 57 threatens the space for civil dissent in Bangladesh.

Law enforcement agencies and the Bangladeshi Government were slow to respond to the murders of several bloggers. In fact, the Government’s response was negative; they urged the bloggers to curb their writing and impose self-censorship, which, again, is a curtailment of the freedom of the press. One conservative Islamic group called on the Government to punish atheist bloggers who criticise Islam, and several bloggers were arrested under the law that prohibits publishing such works. Asif Mohiuddin went into exile following accusations of blasphemy in 2015; news editor Probir Sikdar was arrested after publishing information about a war criminal in August 2015; and Mohon Kumar Mondal, the director of the Bangladeshi non-governmental organisation LEDARS, was charged for damaging the religious sentiment of Muslims in September 2015. It is evident from interviews that self-censorship is occurring as a result of attacks, fear and misuse of the law. There is also a feeling that the current Bangladeshi Government are in denial. Those are some examples of what is happening in Bangladesh.

There are other examples across the world of the silencing of voices that appear to challenge Governments. The words of the former UN Secretary-General, Ban Ki-moon, offer an apt reminder that:

“If leaders do not listen to their people, they will hear from them—in the streets, the squares, or, as we see far too often, on the battlefield. There is a better way. More participation. More democracy. More engagement and openness. That means maximum space for civil society.”

India’s Intelligence Bureau—a sub-agency of the Ministry of Home Affairs—published a report in June 2014 that alleged:

“A significant number of Indian NGOs…have been noticed to be using people centric issues to create an environment which lends itself to stalling development projects.”

Again, that is an attack on expressing oneself on important issues—environmental issues or whatever—in civil society. The report mentioned several campaigns targeting the Government on economic and development issues. Subsequent sweeping measures to clamp down on NGOs receiving foreign funding have undermined the work of civil society. Following the Intelligence Bureau’s report, the Ministry of Home Affairs barred several NGOs and human rights activists with international links from receiving foreign funds by suspending their licences for six months and freezing their bank accounts.

There are significant concerns that human rights defenders and NGOs, and foreign organisations that fund them, are becoming targets for state repression. That is exacerbated by nationalist groups calling on the Government to curb the work of foreign NGOs in the country, claiming that foreign involvement is not conducive to India’s development. The Foreign Contribution (Regulation) Act, 2010—the FCRA—restricts the work of human rights defenders, as do some income tax regulations.

The US Government—whom it seems we will be in partnership with, based on what the President has said—have expressed concerns over the crackdown on the activities of both local and international NGOs in India. The US Government have seen it, and we must back them up on that. Three UN human rights experts—the special rapporteur on human rights defenders, Michael Forst; the special rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai; and the special rapporteur on freedom of opinion and expression, David Kaye—have also recently called on India to repeal the FCRA, as it is increasingly being used to obstruct civil society.

All NGOs receiving external funds are required by law to register with the Ministry of Home Affairs. Again, the Indian Government are using tax regulations to restrict and control what happens. In April 2016, Maina Kiai showed that the FCRA does not conform to international laws and standards. Those are clear issues. The Department for International Development and the Foreign and Commonwealth Office have recognised that, agreeing with the Charity Commission in 2012 that there was scope for the UK to contribute more actively to the Working Group on Enabling and Protecting Civil Society. However, that is not reflected in that group’s current membership.

DFID’s current civil society partnership review, which was announced by the Secretary of State for International Development, sets out a simplified new central funding system for civil society organisations that supposedly incentivises good performance and pushes for more efficiency, transparency and accountability. While value for money and stemming profiteering is welcome, I ask the Secretary of State through the Minister who is here, what she is doing to ensure that the current stringent reassessment of DFID’s partnership with grassroots organisations will not, in practice, endanger UK support of vital civil society action—especially that which helps to achieve DFID’s strategic priority to

“promote the golden thread of democracy, the rule of law, property rights…and open, accountable institutions.”

In December 2016, UNESCO expressed “deep disagreement” with the methodology used in DFID’s multilateral development review, and concern that

“values of peace and dialogue”

are not anchored in DFID’s new practices. Oxfam chief executive officer, Mark Goldring, echoed concerns that DFID fails to demonstrate convincingly that it is

“wholeheartedly committed to building the partnerships with civil society that organisations need.”

When allocating funding, DFID is often fearful of mixing religion with development by supporting faith-based organisations. We must take that on board.

Despite the right to freedom of association, assembly and expression, and freedom of religion or belief, those groups of individuals are frequently shut down and marginalised under anti-terror laws because they are perceived as providing an alternative narrative to the state’s. What is wrong with providing such a narrative? Freedom of expression and religion are vital to society as a whole. After all, some strands of religion have an overtly political agenda, while others promote or condone discrimination against women and violence, including terrorism.

Most major aid agencies have recognised the limitations of not strategically engaging with religious-based groups. By ignoring the underlying religious beliefs that shape attitudes in most parts of the world, secular development has not had the impact on human behaviour it had hoped for. Treating religion as irrelevant has also not prevented the emergence of extremism. Engaging with religious-based civil society needs to be done with care, with bottom-line criteria set out in partnership. It must also be done in a sensible way, with openness and understanding, moving to engagement through open, constructive discussion on differences in values and objectives. Seeking to engage them as equal partners, instead of estranging them, will also be useful.

Faith-based organisations already provide trusted community focal points and have a strong track record of delivering services and eliciting motivated voluntary service religious leaders. Furthermore, those institutions are often the most trusted in developing countries. Such organisations and groups have been at the forefront of advocacy, including in the civil rights movement in the US, the Jubilee 2000 debt campaign and the frequent religion-led resistance to dictatorships in Asia, Latin America and Africa. It is crucial to understand that diverse religious communities often co-exist peacefully, and that the shortcomings of egalitarian Government provision tend to stoke violence that erupts, which, though it may take on a religious garb, may not be about religion itself—as seen with Boko Haram in Nigeria, for example.

I am sure that the all-party parliamentary group on international freedom of religion or belief, which I chair, and other hon. Members would be delighted to help DFID to think through how it works with the religious-based section of civil society. Though often tricky, it is crucial for achieving strategic objectives. I also hope that that understanding can be mainstreamed across all Government Departments and programmes, including countering violent extremism programmes, so that civil society groups from a particular faith background, both around the world and in the UK, are not, in practice, targeted and in turn disempowered.

The insistence by some that extremism—which, as yet, has no clear definition—is driven above all by religious ideology must not limit individuals’ right to voice critical concerns about Government action. The protection of individuals’ freedom of expression, and the ability to associate and assemble, are greatly needed, not only for holding the UK Government but for holding all Governments to account. We must watch closely to ensure that counter-terrorism policy does not cross the line it has crossed in Pakistan, Russia and Egypt.

I will conclude, because time is passing very quickly. Where civil society groups are not currently able to raise their voice in countries around the world—we have heard in interventions and, I am sure, will hear from other hon. Members that that is the case—I encourage the UK Government and the Minister in particular, either directly or through organisations such as the Commonwealth Human Rights Initiative and the International Panel of Parliamentarians for Freedom of Religion or Belief, to support and capacity-build parliamentarians to raise human rights issues in their own countries, providing a voice for civil society.

In this time of the UK’s withdrawal from the EU, a move that I fully support, how will the UK work both in its own programming and in conjunction with the EU, the Council of Europe, the Commonwealth and international parliamentarian networks to ensure that civil society is protected, supported and heard? We need to ensure that we in this House, who are all now a part of civil society in some way, shape or form, continue to protect our space and those who use that space in order to help one another to be safe and have better lives. For the avoidance of doubt, that is what human rights is all about.

[Fiona Bruce (Congleton) (Con)]

It is a pleasure to serve under your chairmanship, Mr Turner, and to follow the hon. Member for Strangford (Jim Shannon), who is such a doughty campaigner in this place for freedom and human rights. I thank the Backbench Business Committee for granting the debate. I also thank CAFOD—the Catholic Agency for Overseas Development—and its representative Ruth Stanley, who a year ago brought to my attention an issue that deserves greater prominence than it is currently receiving: the deeply concerning trend towards the shrinking of the space for civil society to operate, in countries all around the world. As UN Secretary-General Ban Ki-moon has said:

“Civil society is the oxygen of democracy…Civil society acts as a catalyst for social progress and economic growth. It plays a critical role in keeping Government accountable, and helps represent the diverse interests of the population, including its most vulnerable groups…Yet, for civil society, freedom to operate is diminishing—or even disappearing.”

In the past five years, concerning developments are increasingly limiting the ability of civil society to function. Indeed, as DFID says in its recent “Civil Society Partnership Review”,

“Around the world, civil society is facing unprecedented pressure, from violent attacks to attempts to close down the space for democratic dialogue and debate. The UK Government, as part of its commitment to freedom of thought, association and expression, will stand alongside civil society against these encroachments.”

I strongly welcome those words. I also welcome the presence at the debate of not only a Foreign Office Minister, my right hon. Friend the Minister for Europe and the Americas, but a DFID Minister, my hon. Friend the Member for Penrith and The Border (Rory Stewart). Their presence signifies the importance that those Departments attach to this issue, and we thank them for it.

It is important that we examine why civil society across the globe faces the pressure that it does today. I will talk later about four themes on which we could reflect. I have become increasingly concerned about this issue over the past year as chair of the Conservative Party Human Rights Commission, which has been looking into it.

What do we mean by civil society? I suggest that we mean the complex weave of individuals, organisations and institutions that endeavour to manifest the will of a people living in a community or country. That is non-governmental. They endeavour not only to manifest the will of the people—to give them a voice—but to maintain and support their human rights and freedoms.

[Tom Brake]

I commend the hon. Lady and the hon. Member for Strangford (Jim Shannon) for the very important roles that they both play in campaigning on these issues. She mentions human rights. Has the Conservative commission that she chairs looked at the case of Nabeel Rajab from Bahrain? He is clearly a very prominent human rights campaigner and he has been detained there for reasons that many of us believe are bogus.

[Fiona Bruce]

We have not looked at that specific case, but I thank the right hon. Gentleman for drawing it to my attention—we will do so.

Civil society helps by speaking out against the bad, such as corruption, impunity, service delivery failure and electoral fraud, and by promoting the good—identifying and articulating citizens’ development needs and priorities. I saw that when I was in remote Nepal with the Select Committee on International Development. There, UK aid workers were helping community groups, including women’s groups, to come together to prioritise the basic needs of their area—for example, the need for improved roads and bridges—so that those priorities could be conveyed to regional and then national Government for potential allocation of resources.

Civil society includes community groups such as I have mentioned, but also a hugely diverse range of other structures. Some are loose associations of people mobilised behind a common goal. Some are well-funded and well-organised charitable hierarchies or NGOs. Some campaign for change. Some want just to provide frontline help. In short, civil society is an extremely broad church—if I may use that metaphor. That makes it difficult to generalise about the trends affecting civil society.

The complexity and depth of analysis required really to get a handle on what is happening today does not make for easy headlines or neat, focused campaigns. That is one reason why we do not hear enough about it, and that is why I commend CAFOD and other organisations concerned about the issue, whose workers live and work in challenging environments where they see at first hand how civil society freedoms are being eroded, and then enable us to bring their concerns into this place.

Often, when civil society freedoms are being eroded, it is by creeping incrementalism. The subtle undermining of civil society freedoms is rarely accompanied by great fanfare. A new law may at first seem innocuous, but it might prove to have a devastating effect on civil society—an effect felt only later. We rarely notice these types of changes, so when they happen a sense of urgency is often not present.

I will reflect, in Holocaust Memorial Week, on one of the worst examples of incrementalism in the last century: the actions of the Nazis. At first, relatively small steps were taken, such as discouraging the reading of certain books or the keeping of them in one’s home. Then, employing a Jewish housemaid was banned. But where did that marginalisation and exclusion ultimately lead? To the gas chambers.

That is why we need to worry more than we do about what is happening to civil society across the world today. We should not be accused of being sensationalist, when we hear, for example, of an NGO being expelled from Egypt, Ethiopia or Cambodia. We should not assume that those are localised cases even though it is not immediately obvious that they may be part of a wider pattern. The sad reality is that events such as those do reflect a current global trend.

In 2016, the Mo Ibrahim index of African governance included for the first time a specific indicator for measuring civil society space. It captured the extent to which civil society actors are allowed to participate in the political process, as well as the freedom of NGOs to operate without fear of persecution or harassment. The concerning findings are that nearly half the African population live in a country in which civil society participation has deteriorated. Two thirds of the countries on that continent, representing 67% of the African population, have shown a deterioration in freedom of expression in the past 10 years.

The main thrust of my message today is not so much to point a finger at Government or Ministers to do more—I am sure that the Minister will be relieved to hear that, although I will not miss that opportunity—as to say that all of us, from individual citizens to elected representatives such as Members of Parliament to influential global institutions such as the World Bank, need to be vigilant, speak out and do more to protect the civil society space in which our brothers and sisters around the world are working to improve the lives of those around them. I referred to the World Bank because I had the privilege of attending the World Bank gathering in Washington last autumn, when a group of parliamentarians from across the world raised this issue. They said that the increasingly shrinking civil society space, including in many of their countries, really needs to be attended to and highlighted more.

Why do we hear reports of the shrinking space for civil society to function, not only in Africa but around the globe? I will suggest four trends that might help to provide a partial explanation and paint part of the picture for this complex and concerning global issue. First, and perhaps most alarmingly, there is the trend in certain countries for more frequent extrajudicial killings, detentions, torture and disappearances. From Thailand to Bangladesh, to Kenya, to Congo, to Saudi Arabia, violence is a daily reality for many civil society workers and volunteers. In eastern Democratic Republic of the Congo, kidnap by and violence from armed groups remains a daily risk.

According to the “Aid Worker Security Report 2014”—the most recent one that I am aware is available—120 aid workers were killed, 88 were wounded and 121 were kidnapped in the course of their work. Those are the highest figures ever recorded, and yet even they exclude many local people whose situations have gone unrecorded. Human rights violations and allegations include illegal rendition, such as that of Andy Tsege, whom several of us spoke about in this Chamber a short time ago. There is torture and the enforced disappearance of grassroots activists.

To highlight another example, I understand that the Irish citizen, Ibrahim Halawa, is now serving his fourth year in prison for taking part in peaceful democratic protest in Egypt. We are told that in this period, he has endured beatings with whips and chains, blindfolding, solitary confinement, electrocution and psychological torture. We are also told that when he was in solitary confinement, he was kept in a cell measuring half a metre by half a metre. It was impossible to lie down and he had to go to the toilet on his cell floor. We heard from the Egyptian authorities that he is to be released, but that has not happened yet. I hope that they will hear this debate and that his release will indeed happen.

It goes without saying that colleagues are united in condemning such abuses, but the connection to civil society freedoms is made too infrequently and inadequately. Such violations are each rooted in a willingness on the part of authorities to dispense with core human rights: the freedoms of association, expression, thought, and religion or belief. We hear so often of those freedoms being eroded—of people not being able to get a job and of planning permission not being granted to, for example, church organisations for buildings. All those freedoms are essential for a thriving civil society to exist. As I mentioned earlier in reference to the Nazi persecutions, the erosion of those freedoms is often where things start, but they end up with the kind of dreadful crimes against humanity, torture, imprisonment and deprivation that I referred to.

The second trend I shall highlight is the proliferation of restrictive legislation: the tendency for certain Governments to impose excessively onerous registration requirements, particularly on non-governmental organisations. That often targets legitimate action and impinges on civil society’s rights of freedom of expression, assembly and association. Some laws restrict the foreign funding of NGOs.

Another example of a restrictive requirement is that in Ethiopia, only 30% of an organisation’s costs can be spent on what is classed as administration. That has a very narrow definition, which severely limits civil society. Legislation in Cambodia has restricted civil society organisations from working on politics, limiting their ability to monitor elections or criticise corruption. Since January 2012, at least 120 laws have been enacted in more than 60 countries to restrict the ability of civil society organisations to register, raise funds or operate.

Organisations are straining to meet the increasingly onerous administrative demands of Governments. In many countries the registration of NGOs has become a lengthy, multi-stage process with uncertain timeframes for decisions. That all requires significant resources, which few organisations can afford. I have heard that in China, if a new NGO with international links wants to set up, they must partner with a domestic organisation, therefore increasing the Government’s ability to subject such groups to checks.

In some instances, organisations have been asked to comply with new regulations by a certain date. Failure to do so means that they are forcibly deregistered. We have heard that organisations are united in the belief that that is the way to silence dissenting voices. Some Government leaders justify the discrepancy by appealing to populism—for example, by seeking to portray international NGOs as a malign foreign influence. This is not the time to open up that debate, but suffice it to say that the end result of those restrictions is that often well-intending NGOs seeking to protect or extend civil liberties or human rights, or even to provide humanitarian aid, have ended up closing.

The third trend I will speak about is the use—perhaps I should say the misuse—of so-called anti-terror laws to close down, intimidate or restrict the activities of legitimate organisations. In Kenya, for example, there has been a clampdown on NGO operations in the past two years, targeting pro-democracy organisations. Bank accounts have been frozen and the leaders of organisations face criminal investigations, as allegations are made of their organisations being used as a source of terrorism finance.

Most people understand that the rising spectre of global terrorism has resulted in Governments reflecting on whether their anti-terrorism laws are sufficient for the unprecedented threats that we face today, particularly from ISIS. Most people also recognise the need for special measures to enable Governments to pre-empt and rapidly respond to threats of terrorism. However, we hear that powers afforded by such legislation, such as detention without trial, are being applied in cases in which there is no evidence of any terrorist link whatever. Political opponents, human rights defenders and even NGO employees have been subject to arbitrary detention, justified by anti-terrorism legislation.

The pattern can extend far beyond detention without trial. In Malaysia, for example, a council has been created with the power to declare “security areas”, within which the council can invoke special measures to arrest and detain without warrant. The misuse or overuse of anti-terror legislation also has indirect effects.

[Fiona Bruce]

What often happens in such cases is that a climate is created in which individuals and organisations self-censor for fear of reprisals—the so-called “chilling effect”.

Lest we think that it is only in other countries that counter-extremism measures threaten the space for civil society to operate, let us reflect on the proposal made by our Government last year, in connection with their proposed counter-extremism measures: that all youth organisations outside schools teaching young people for more than a certain number of hours a week should be required to register with central Government and potentially be subject to Ofsted inspections, to ensure that they are in line with a list of values drawn up by the Government. At one point, it was suggested that just six hours a week of teaching outside school was sufficient to require central registration. The proposals could have covered traditional and clearly non-threatening church groups, such as Sunday schools or youth groups.

Fortunately, we have heard little about the proposal since the justifiable outcry against it by several Members of Parliament during a debate in this Chamber. I hope that the Government have quietly dropped it, but it goes to show how vigilant we must be to protect civil society even in our own country. Whenever we have the capacity, we should also do our best to challenge restrictions in other countries where they can be much more severe. We must do so on behalf of those in more vulnerable societies who do not have the opportunity to speak out for themselves as we do here.

The fourth and final trend is the harassment of civil society organisations. One issue arising from legislation relating to the registration or operations of NGOs is that laws are drafted so broadly that the scope for interpretation is wide open, enabling authorities to pursue agendas tantamount to harassment under the guise of implementing legislation. Excessive monitoring, threatening phone calls and unannounced inspections are commonplace. The Catholic Agency for Overseas Development reports that its partner workers in Sri Lanka and Latin America face surveillance, threatening phone calls, searches and disruption of community events. Fraud, tax, blasphemy and slander legislation is applied arbitrarily to criminalise the activities of human rights defenders or outspoken advocates, resulting, in extreme cases, in abduction and extrajudicial killing.

Those four trends only scratch the surface. There is overwhelming evidence that freedom of conscience, thought, religion and belief—in many ways, the bellwether of a healthy civil society—is progressively being undermined. Freedom of expression is under threat; in many parts of the world, journalists live in fear. Around 250 are serving prison sentences as I speak. I mentioned the issue not long ago in a House debate on Bangladesh. In Hong Kong, too, following the arrest of booksellers, we hear that journalists there feel intimidated, and even young representatives elected to their legislature are being threatened and denied the right to take up their seats.

Taken together, those trends paint a distressing picture of the state of civil society around the world. If civil society is the oxygen of democracy, as former UN Secretary-General Ban Ki-moon described it, it is in many places struggling for breath. It is therefore critical that we here, in what has been described as the mother of Parliaments, speak out and provide that much-needed breath. To colleagues who, like me, believe that foreign aid is an essential moral duty of the modern state—I know that there are many in the room—it is a matter of deep concern that such issues are occurring in many countries where UK aid is expended. I welcome the Government’s commitments in DFID’s recent civil society partnership review to tackle them.

[Tom Brake]

I apologise to you, Mr Turner, and to the Minister; because I must go to the Holocaust Memorial Day service, I will not be able to hear the summing-up. Does the hon. Lady agree that this is one of the most important things that the Government could do in relation to Syria? Surprisingly, there are still civil society organisations active there. The Government might consider more investment to secure successful elections in the part of Syria near the border with Turkey, where there is still civil society activity.

[Fiona Bruce]

I thank the right hon. Gentleman for making that suggestion, and I hope that the Minister will address it in his response.

I welcome the Government’s words in the first paragraph of the partnership review:

“A healthy, vibrant and effective civil society sector is a crucial part of Britain’s soft power and leadership around the world. The Government will give them our strongest support.”

The UK can use its considerable soft power to influence global behaviour. Although I would always like to see more done, I commend our Foreign Office Ministers and officials for raising concerns privately and publicly. For example, FCO officials supported land rights activists in Colombia by visiting them, improving protection of their livelihoods by helping them raise the visibility of their case. Just yesterday, when I met the Minister for Asia and the Pacific, he confirmed that he had raised human rights concerns with the Chinese authorities over the alleged forced harvesting of the organs of prisoners of conscience in that country.

The UK Government have given excellent international leadership by example in respect of listening to civil society advocates by tackling female genital mutilation, taking up what was wrongly seen as a niche issue. Our Government are doing a lot. Of course I think that DFID could do more; I have said many times in this Chamber that I believe it could do more to support freedom, particularly of religion and belief. When I went to Nigeria, I was concerned that I had to fight to get a representative of a major Christian organisation there to come to a roundtable discussion involving other NGOs.

I welcome the new review. It refers to commitments by DFID, including that we will

“increase opportunities for in-country CSO engagement with DFID country offices, including working with…faith groups”.

That is exactly what I am talking about with regard to my Nigeria experience, so I am pleased to see that commitment in the review.

I am also pleased to see the commitment that DFID will

“help shape the environment in which CSO operate. We will address declines in the operating space for civil society that reduce civil society’s ability to improve the lives of poor people and hold those in power to account. Alongside other UK Government departments, DFID will support organisations that protect those under threat and increase understanding of the extent, causes and consequences of closing civic and civil society space.”

I appreciate that the Department for International Development Minister, my hon. Friend the Member for Penrith and The Border, has had to leave this debate, but I am grateful to my right hon. Friend the Minister for Europe and the Americas, who has remained to respond. I was going to ask the DFID Minister to tell us in a little more detail how DFID will action the commitment; perhaps he will ask his colleagues in DFID to respond to that question in particular.

As I said, there is much more that we can do—all of us; not just Ministers. I have therefore suggested that the Select Committee on International Development should consider sustainable development goal 16:

“Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.”

That is a new goal and a new commitment. I hope that the Committee will examine how it is being implemented internationally, as well as through UK aid. It would go a long way towards tackling some of the grave challenges that I have outlined.

I end by reiterating the complexity of the issue and the incremental way in which freedoms can be eroded. I hope that we will all be stirred into recognising the urgency of the issue and into speaking out to protect civil society far more. In the current atmosphere of rising nationalism and economic protectionism, and with Islamic State so threatening, legislation putatively designed to address those issues could become more common, as could Government acts to deter them. If the pattern of the last decade is an indicator, abuses will therefore also become more common, unless we all resolve today to redouble our efforts to ensure that the oxygen of democracy continues to flow, so that civil society can play its vital part around the world.

Kashmir

Tom Brake Excerpts

Thursday 19th January 2017 Commons Chamber

[Mr Nuttall]

As I have said, there is a long and complex history to this issue and, as the hon. Gentleman says, there have been many upsurges in violence over the years and many human rights abuses that have been catalogued and recorded.

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

Does the hon. Gentleman agree that it is imperative that an international investigation into those human rights abuses is carried out as soon as possible?

[Mr Nuttall]

Yes, I do agree, and that is something I will mention briefly later in my speech.

The use of pellet guns has left thousands of people, including children, injured and in many cases blind. Armed militants have increased their attacks on the security forces. In September 2016 an attack on an army base killed 19 Indian soldiers, the army’s worst loss of life for well over a decade. There has also been a serious flaring up of tension between India and Pakistan, with regular exchanges between their forces along the line of control. These have led to significant military casualties. Senior figures on both sides have been ratcheting up the hostile rhetoric, leading to growing fears of another major escalation in the conflict between the two countries.

I know the Government are concerned about any allegation of human rights abuses—Ministers have said so many times in answer to both oral and written questions—but I urge the Minister to condemn the attacks and the use of pellet guns. The fundamental human rights that are enshrined in the Indian constitution must be adhered to. There must be an end to the use of pellet guns on innocent civilians. The United Nations High Commissioner for Refugees and other interested parties must be allowed free and complete access so that they can make an objective assessment.

I turn now to the role of the United Nations in securing a long-term settlement. There has been 70 years of inaction since the original resolutions requiring the conflict to be resolved by peaceful democratic means were passed, so it is easy to see why so many in the Kashmiri community think that the United Nations has lost interest in their problem. I have often said that the dispute is all too frequently ignored by the media. There is always some other conflict elsewhere in the world that grabs the headlines. I know that the United Kingdom, as a member of the United Nations, supports all UN bodies and wants to help them to fulfil their mandate, but there has surely been a failure on Kashmir if the resolutions have gone unfulfilled for so long. I appreciate that the Government have to tread a careful path and that we want to be friends with both India and Pakistan, but a candid and true friend is one who sometimes says things that the other friend may find unpalatable.

--- Later in debate ---

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

I welcome this debate. I hope our Government, who in a post-Brexit world are now very outward-looking and want to develop their foreign policy, use Kashmir as a good example of where they can use their new clout in a way they have failed to do, I am afraid to say, in relation to Israel and Palestine. I had assurances from the Foreign Secretary last week that the Government were involved in all forums when it came to Israel and Palestine, and were actively seeking a solution to that conflict. What hon. Members did not realise was that he meant the Government were not in fact going to be sending any Ministers to the Paris conference. That will no doubt be a subject of a future debate and it would be inappropriate of me to focus on it in this debate.

We have heard many eloquent contributions from Members with significant Kashmiri communities. They have run through the historical analyses of the situation, and set out distressing and harrowing descriptions of the injuries and deaths that have occurred in Kashmir, and the human rights abuses that Kashmiris have suffered. I will not repeat them, but in the few minutes available I would like to put some questions to the Minister. I hope he will be able to, either off his own bat or through the inspiration of those who assist him, provide answers to the questions during the course of the debate.

Does the Minister accept that this is an international conflict that requires the international community, and in particular the United Kingdom, to assist in its resolution? Does he support the idea of an international investigation into the human rights abuses committed by the Indian army or any other alleged perpetrators? Does he accept that as long as the Indian army presence remains at its current scale throughout towns in Kashmir, such allegations will continue to surface regularly? Do the UK Government challenge the Indian Government on the immunity granted to its army? Do the UK Government challenge the use of the pellets many Members have referred to? Do the UK Government regularly raise the issue of human rights in Kashmir? In the House of Lords on 12 December, my noble Friend Lord Hussain asked whether the Prime Minister had specifically raised the issue of human rights abuses in Kashmir in her discussions with Prime Minister Modi, but he did not receive an answer. Finally, what exactly is the role of China? We have not heard much about China, but it is clearly one of the occupying powers, albeit in perhaps the more sparsely populated areas. What is China’s role in this conflict?

The hon. Member for Rochdale (Simon Danczuk) suggested that the hon. Member for Nottingham East (Chris Leslie) had made a solution-focused speech. I, too, want to put to the Minister a possible way forward: the opening of the line of control, so that family and cultural ties can be re-established; the formation of a Kashmir forum to negotiate what powers can be ceded by India and Pakistan to an autonomous elected authority; the retention of Indian and Pakistani bases; and, some years after that, a treaty to guarantee everything from water to power provision for India and Pakistan, as well as the strategic regional defence needs of the two countries. That might be a way forward. I hope that the Minister will set out the Government’s precise approach.

As others have stated, Kashmir is just another long-standing dispute in respect of which the UK played a central role in creating the conditions that led to conflict and where it must now play an equally critical role in finding a resolution. We must now hear from him how he sees our role developing, what our role in the peace process will be and how peace in Kashmir will be secured.

--- Later in debate ---

[Tom Brake]

I would like the Minister to be a bit more specific and confirm that “a range of issues” includes that of human rights abuses.

[Alok Sharma]

The right hon. Gentleman should take comfort from the fact that the subject of Kashmir was discussed by the two Prime Ministers. It was a bilateral discussion and he, as someone who has been in government, will know that we cannot comment on private discussions. Today, we have also had a discussion about the Foreign Secretary’s visit to India, and of course he is also discussing a range of issues, including regional security issues.

Let me conclude by saying that the UK Government will continue to encourage and support both India and Pakistan to find a lasting resolution to the situation in Kashmir, in line with the wishes of the people of Kashmir. We cannot, however, mediate in the process. I am fully aware of the strength of feeling about Kashmir among many people in Britain, and of course in this House, and I am glad that this debate has given me the opportunity to set out the Government’s position. Once again, I thank right hon. and hon. Members for raising issues today and for their contributions.

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.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

Oral Answers to Questions

Tom Brake Excerpts

Tuesday 10th January 2017 Commons Chamber

[Boris Johnson]

As my hon. Friend will know, the level of violence, as we have discussed, has been down by comparison with 2015, but it is still too high. I think it was important, therefore, that the resolution, which has been so much discussed this morning, had that balance in it and that language in it pointing out the threat that Israel faces. It is important that we stress that, and that we encourage the Palestinians to understand that there can be no hope of peace unless they get their extremists under control.

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

I am pleased that the Foreign Secretary is using every forum to bring peace. Will he, therefore, be attending the Paris conference, and what new initiative will the UK Government be putting forward there?

UK Nationals Imprisoned Abroad

Tom Brake Excerpts

Tuesday 20th December 2016 Westminster Hall

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

I beg to move,

That this House has considered the case of Andy Tsege and other UK nationals imprisoned abroad.

It is a pleasure to see so many hon. Members here today. I will try to limit my remarks to 20 minutes. I was informed yesterday that only three Members had put their names in to speak, so I do not know how many Members present intend to do so. Clearly, I welcome the opportunity for the debate and thank the Backbench Business Committee for providing time for it.

During this festive period, hundreds of thousands of British citizens will be travelling home to their families or going on holiday for a break. People would expect such a trip to be uneventful. Why would anything go wrong? However, for some British citizens, what happened while they were travelling abroad has turned their lives upside down in a way that many of us could not begin to comprehend.

Two prominent examples of that are Andy Tsege and Nazanin Zaghari-Ratcliffe. Both are British—Nazanin is a dual national—and were arrested by foreign authorities and imprisoned without access to a fair trial. Andy was kidnapped by Ethiopian agents at Sana’a International airport in Yemen, with the Yemeni authorities stating that his detention had not occurred pursuant to any judicial process. Nazanin, whose two-year-old daughter was with her, was arrested while leaving Iran. The ordeal that both Andy and Nazanin have since faced is truly shocking, and on top of the injustice of their detention, their daily lives have been subjected to gross human rights violations.

In the time permitted, I will concentrate on the cases of Andy and Nazanin. A longer debate would of course have allowed the cases of prisoners of conscience of all nationalities, held around the world, to be raised, and many organisations have contacted me since this debate was allowed in order to draw attention to such cases. For instance, Ali al-Nimr is spending his 22nd birthday in prison in Saudi Arabia. His crimes were participating in a demonstration,

“explaining how to give first aid to protestors”

and using his BlackBerry to invite others to join him at the protest.

There is also the case of Nabeel Rajab, whose trial has been delayed for the fifth time and who is expected now to be sentenced on 28th December. That is perhaps a diversionary tactic because there may be less attention on his case as festive celebrations get under way. He is a Bahraini human rights activist and opposition leader. That case is of particular interest to the UK, because of the funding from the UK that is going into training and supporting the security and justice systems in Bahrain.

There is also the case, drawn to my attention just yesterday, of a dual UK-Lebanese citizen detained in Israel. The release of Mr Faiz Mahmoud Ahmed Sherari has been ordered by a military court in Israel, but as far as I am aware he has not been released.

I would also like to use this opportunity to raise the case of the Ahmadiyya Muslim community. I know that many hon. Members here today have raised concerns about the pressures that that community are under in different countries around the world—perhaps most prominently in Pakistan, but also, I understand, in Algeria.

Today, however, I will concentrate on Andy and Nazanin. This will be the third Christmas that Andy has spent alone in a prison—he is now in a prison notorious for being Ethiopia’s gulag. He has not been able to speak to his partner and children in London for two years and has had no private access to British consular officials, leaving him unable to describe freely the treatment that he has received at the hands of his jailers.

Nazanin has been held, mostly in solitary confinement, for more than nine months. Her husband has campaigned tirelessly back in London for the UK Government to call for her release. It is still unclear whether the Government have done that. I hope that when the Minister responds, he will be able to clarify that. Have the Government actually called for her release? Her husband says that she has been at breaking point. She is currently allowed to see her daughter only for one hour each week in prison. Her daughter remains trapped in Iran, unable to see her father. Furthermore, representatives of both Andy and Nazanin have repeatedly raised serious concerns about their health.

[Andy Slaughter (Hammersmith) (Lab)]

The right hon. Gentleman is making an excellent speech. He raises the point about what our Government have done. In the case of Andy Tsege, I do not think it is in dispute that he was rendered unlawfully and was tried in absentia, and we would not recognise those processes. Does the right hon. Gentleman not think it extraordinary, therefore, that the Government have not even requested his release?

[Tom Brake]

I do indeed. What the Government are trying to initiate, which I will come on to shortly, is providing Andy Tsege with a lawyer, but as I understand it, he has no right of appeal in Ethiopia, and therefore providing him with a lawyer does not seem to be of great use.

The mistreatment of British citizens imprisoned abroad is unacceptable in all cases, regardless of what crime has been committed, yet in these cases the astounding truth is that it is clear that Andy and Nazanin are being held unlawfully. Attached to Andy’s name was a conviction and death sentence, after a trial in absentia, which was condemned throughout the world. Although Andy was previously prominent in Ethiopian politics, no country other than Ethiopia had found evidence, at the time of his kidnapping, that the political organisation with which he was involved had conspired to commit acts of terrorism.

Nazanin was recently sentenced on charges that remain secret, despite her previous employment in Iran as an aid worker. The simple fact is that if these British citizens are not going to be charged with an offence recognised internationally, they should be released immediately so that they can spend Christmas at home, safe with their families, who want nothing more than for them to be at home and for their lives to return to normality.

Yesterday, a representative of Reprieve and I met the Ethiopian ambassador about Andy’s case. We are grateful to His Excellency and the Minister responsible for public diplomacy for their time. We are aware that last Thursday—15 December—Andy received a consular visit. However, like all the other consular visits, that visit was supervised by the prison authorities. As I stated, Andy has never met consular officials in private. We understand that during the visit the UK ambassador told Andy that the UK may have found a lawyer to help him to

“assess his options under the Ethiopian legal system.”

Unfortunately, that does not, in my view, demonstrate progress on his case. First, the UK Government’s approach to this case appears to ignore the fact that Andy is the victim of a series of crimes and is not a criminal. The UK Government’s failure to condemn the series of abuses that Andy has suffered and continues to suffer at the hands of the Ethiopian regime signals that foreign Governments can ignore international law and kidnap British citizens at will.

[Mr Laurence Robertson (Tewkesbury) (Con)]

I declare an interest as chairman of the all-party parliamentary group on Ethiopia and Djibouti. The right hon. Gentleman has repeatedly referred to Mr Tsege’s “kidnapping”. Does he have any evidence that that was a kidnapping? Does he have any statements provided by the Yemeni Government to that effect? I ask because obviously that is not what the Ethiopians are saying. If the right hon. Gentleman does have such evidence, I am happy to help him with the case as far as that goes.

[Tom Brake]

My understanding is that the Yemenis have stated that the process of getting Mr Tsege from Yemen to Ethiopia did not follow a judicial process that they recognised. Furthermore, as the hon. Gentleman may be aware, the UK Government have repeatedly asked for a copy of the extradition treaty that apparently exists between Yemen and Ethiopia and, as far as I am aware, that has not been provided. I hope that that might provide sufficient evidence for him to want to investigate the matter further.

In addition, the UK Government’s strategy of focusing on access to a lawyer in this case is unworkable for a number of practical reasons. There is no legal conviction and sentence to appeal. Andy was convicted and sentenced to death illegally in 2009, while living in London with his family. The trial was described by a representative from the US embassy in Addis Ababa as “political retaliation” and

“lacking in basic elements of due process”.

I maintain that Andy was abducted in 2014 amid a sweeping crackdown on opposition voices. There was no lawful basis for Andy’s rendition from Yemen to Ethiopia, and he has not been charged with any new offence.

[Dr Tania Mathias (Twickenham) (Con)]

Does the right hon. Gentleman agree that UK Governments—this Government and previous ones—have been too slow to criticise rendition, especially when rendition has been on the British Indian Ocean Territory?

[Tom Brake]

I entirely agree with the hon. Lady’s intervention. Rendition, and the UK’s involvement in it, is a black mark on our past. I hope that the UK Government will now fight it at every opportunity, including in this particular case.

[Bob Stewart (Beckenham) (Con)]

I congratulate the right hon. Gentleman on securing this debate. I am slightly confused by this. Do the Yemeni Government accept that they knew that Andy was being removed from their territory, or do they say that it was done secretly without their knowledge?

[Tom Brake]

At the risk of repeating myself, the information I have is that the Yemeni authorities clearly know that he was taken from there but have stated that they believe that no judicial process was followed to extract him in that way. That would imply that if there was an extradition treaty in place between Yemen and Ethiopia, it was not actually used as a means of extracting him from that country. Perhaps when the Minister responds he will give us some more detail on what he believes the position to be.

[John Penrose (Weston-super-Mare) (Con)]

The right hon. Gentleman is being very generous in giving way, and is laying out his case carefully and strongly. I congratulate him on securing this important debate. May I pursue this question? He has already stated that Mr Tsege may quite possibly have been the victim of a crime or of several crimes. If no judicial process was applied in the rendition from the airport in Yemen, does that imply that there could have been an official but non-judicial process? Could there have been some sort of official complicity among Yemeni authorities as well, in which case should we be aiming fire at their potentially having committed crimes against Mr Tsege?

[Tom Brake]

That is a very helpful intervention, and the hon. Gentleman has highlighted an area that requires pursuing. When we had the meeting with the Ethiopian ambassador yesterday, he implied that in the past there have been arrangements between the Yemenis and the Ethiopians and that perhaps those arrangements were used, as opposed to there being a formal extradition process. Yes, we might well want to question the involvement of the Yemeni authorities.

What is clear is that had the Ethiopian Government wanted to extradite Andy lawfully, they could have made a request for his extradition from the UK authorities—although I understand that there is currently no formal extradition agreement between the UK and Ethiopia. I believe that no such request was made and, as far as I am aware, the UK Government have been provided with no evidence of Andy’s so-called terrorist activities. I understand that the UK Government are apparently being encouraged to follow—this is the description from the Ethiopian ambassador—the open trial process that found Andy guilty in absentia as their means of obtaining information, rather than necessarily expecting it from the Ethiopian Government directly.

The Ethiopian Government have publicly confirmed, on a number of occasions, that there are no legal options open to Andy. Most recently, at the meeting yesterday it was confirmed that he cannot appeal his sentence because he was absent from his trial. A plea for clemency to the Ethiopian President may be possible, and I look forward to some information that we were offered at that meeting about how such a plea could be initiated.

I maintain that access to a lawyer will not achieve justice for Andy. By continuing to pursue an unworkable strategy, the UK Government are not living up to their duty to protect British citizens facing the death penalty overseas. On that point, we got a degree of reassurance from the Ethiopian ambassador that Ethiopia does not apply capital punishment, although he did set out a couple of exceptions to that rule, so it was half reassuring and half not.

Andy’s most recent consular visit also highlighted continued failures by the Foreign and Commonwealth Office in handling his case. For instance, although the FCO has continuously claimed, and represented to a UK court, that Andy could call his partner and children whenever he wanted to, the prison director informed the ambassador at the latest visit that

“prisoners cannot make phone calls.”

That, too, was confirmed in the meeting with the Ethiopian ambassador yesterday. Thus Andy is not—and, as far as I am aware, never was—able to call his family, so his children face the third Christmas in a row without any contact with their father. He does not even have a pen and paper to write them a Christmas card. Given the fairly significant failures in this case and the way that it has been managed, I hope that the Minister will be willing to conduct a meaningful review of the Government’s approach, because I do not think that approach is delivering.

What more can be done to help Andy and Nazanin? Although hundreds of thousands of people have supported petitions and campaigns, in partnership with the tireless advocacy work of groups such as Reprieve and Amnesty International, ultimately it is the Ethiopian Government, the Iranian Government and our Government who have the most influence and leverage. To the Ethiopian authorities, I make a simple plea: let Andy make that call before Christmas. He has had two years without contact with his wife or children, and that can stop very easily if the Ethiopian authorities permit it.

To the Iranian authorities, pending Nazanin’s release, which I hope will be soon, I say: allow for visits for her young daughter involving extended contact, and in a suitable environment, taking account of the best interests of the child in line with the provisions of the convention on the rights of the child, which I am pleased that Iran has ratified. There is not time to raise the case of Kamal Foroughi in any detail, but I hope that other Members may refer to his case as well.

What should the UK Government do at this point? They need to call openly and loudly for Iran and Ethiopia to free Nazanin and Andy respectively. I believe that the weight of the Prime Minister calling for their release would be significant and set a strong tone that the UK does not stand by and let its citizens face appalling treatment, trapped in prisons, thousands of miles from their homes. We have seen the US and Canada—and the UK previously—secure the release of their citizens after publicly raising calls for the release of their nationals imprisoned unlawfully abroad. Yet the UK Government appear reluctant to do the same now.

The FCO stresses the work that it does for the families of Andy and Nazanin, and says that it repeatedly raises their cases with the respective Governments. However, all it appears to be doing is acquiescing in the dubious charges imposed on them by saying that it will not get involved in the legal system of another state, despite those legal systems being grossly, and so obviously, unfair. I am familiar with that argument—all too familiar with it—in relation to the constituency case of Neil Juwaheer, whose parents believe was murdered by Brazilian police in a Brazilian police station.

If we were to get just one official public statement from our Prime Minister unequivocally calling for Andy’s and Nazanin’s release, and for the release of other British nationals imprisoned unlawfully abroad, that would convince the public that our Government will stand up for their citizens and would send a strong and unequivocal message to foreign Governments. My call is for the Prime Minister, the Government and the Minister to give Andy and Nazanin’s families some seasonal comfort over the next week—pick up the phone, issue a statement and call for their release.

--- Later in debate ---

[Tom Brake]

I thank all hon. Members who have spoken, and the Leader of the Opposition, the right hon. Member for Islington North (Jeremy Corbyn), for making time to attend the debate. The Minister has heard the consistent and very strong message from all Members today that Andy and Nazanin’s detentions are unacceptable and illegal, and that their trials have been frankly deplorable. He is also getting a consistent and identical message from their families. If I have concern about what he has said, it is that he is hiding behind family confidentiality. He must respect that, of course, but families are asking him to take the action that has been set out in this debate. We must have public, outspoken action now at the highest level, from our Prime Minister, to secure their release. We demand—

[Mr Ellwood]

I am sorry to interrupt the right hon. Gentleman’s peroration, but what he said is incorrect. I am following the advice of families very carefully indeed. I would say more if families allowed me to, and I think he disingenuously has misled the Chamber by making that suggestion.

[Tom Brake]

It is clearly very important for the Minister to sit down with the families. Having observed some of the body language of the families—

Motion lapsed (Standing Order No. 10(6)).

Aleppo/Syria: International Action

Tom Brake Excerpts

Programme motion: House of Commons
Tuesday 13th December 2016 Commons Chamber

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

I thank the right hon. Member for Sutton Coldfield (Mr Mitchell) and the hon. Member for Wirral South (Alison McGovern) for securing this debate and you, Mr Speaker, for granting it.

The war in Syria and the slaughter of more than 450,000 innocent civilians, overwhelmingly by Assad’s barrel bombs, is without a doubt the 21st century’s most shocking and deplorable bloodletting. The carnage has been unparalleled since Rwanda and the Democratic Republic of the Congo. The international community’s response has been lamentable. Parliament’s reaction to events, which started in 2013, has been feeble. Assad, Russia and Iran’s response has been criminal and the repercussions and shock waves will be felt for decades.

What we need to hear from the Foreign Secretary today is this: what are the Government doing with their allies to push for a meaningful immediate ceasefire and safe passage for any remaining civilians, of which there are believed to be between 50,000 and 80,000? I have a 15-year-old son. He is nearly my size, but—he will not thank me for saying this—he is still a child. If he was leaving Aleppo, what chance would he have of getting through Assad’s soldiers and surviving that experience? There are hundreds of thousands of civilians out there who are worried about their children.

We heard from the hon. Member for Beckenham (Bob Stewart), who is no longer in his place, about his concerns with airdrops, which clearly cannot be undertaken lightly. We need to hear from the Foreign Secretary what recent acts of consideration the Government have given to airdrops and the solutions that do not involve pilots advocated by the Opposition. Are those airdrops relevant to other parts of the country? Even if they are not relevant in Aleppo, other parts of Syria are clearly still under siege and may benefit from airdrops.

The Foreign Secretary needs to tell us what the Government are doing in relation to documenting human rights abuses. From a sedentary position, the Under-Secretary of State for Foreign and Commonwealth Affairs, the hon. Member for Bournemouth East (Mr Ellwood), has indicated that the Government are working on that issue. I hope that we can hear as much as possible about that. The Government, for very obvious reasons, may not want to reveal how that is being documented, but we do need to hear what work is being done.

We also need to hear what work can be done to hit the Russians where it really hurts them. Clearly, we will not engage in military action with the Russians, but what we can do—the Government will have an opportunity with the Criminal Finances Bill—is hit them in their pockets. Many Russians love to spend their money in the UK. They love to buy properties here; love to buy their cars here; and love to send their children to school here. That is an area where the Government can do something. The Magnitsky amendment that is being proposed to the Criminal Finances Bill is about seizing the assets of foreigners who have committed gross human rights abuses. I want to hear from the Foreign Secretary that the Government will support that amendment, because we know that many of the Russians involved in Syria will have assets here that we could seize.

The Government of Syria have tied themselves to Russia and Iran, which see it to their advantage to encourage Syria’s atrocious behaviour and so perpetuate Assad’s reliance on their support. Assad’s position, for the time being at least, is secure. What new initiatives can the UK, working with its allies, offer to help bring the fighting to an end. Some call for the creation of an enclave in eastern Syria, which would be free of Assad and ISIS forces and which is, as I understand it, where the Kurds and the UK and French special forces are active at the moment. Could such an enclave provide part of a solution?

Only after the violence stops will people begin to recover from the trauma of this horrible war and only then will it be possible for Syrians to think and talk productively about how to begin transforming Syria into a country in which all its people can live in security and dignity. The UK must be prepared, if it is allowed, to play its part then. Will we be ready?

--- Later in debate ---

[Boris Johnson]

I can tell the hon. Lady that we are doing everything that we can within the constraints we face. I have described the restrictions on military options, which I think most people in this country understand.

[Tom Brake]

Will the Foreign Secretary give way?

[Boris Johnson]

I am afraid that I must now wind up.

I hope that Russia will see sense and join us to secure the transition away from Assad that is the only hope for a peaceful Syria. It is up to them—the Russians and Iran—and they have the future of Syria in their hands. This is one of the darkest hours in Aleppo’s four millennia of recorded history. One day, that city will rise again, and one day, Britain will be among the countries that help to restore Aleppo to the greatness it once had. That day might seem far off now, but it will come all the faster if the Russians and the Iranians do the right thing, abandon their puppet, and promote the peaceful and political solution that is the only way forward.

Question put and agreed to.

Resolved,

That this House has considered international action to protect civilians in Aleppo and more widely across Syria.

--- Later in debate ---

[Mr Speaker]

All I can say to the hon. Lady is that I have just heard the Foreign Secretary indicate from a sedentary position that he will write to her. Might I politely ask that the Foreign Secretary place a copy of the letter in the Library of the House, because I think his answer will be of interest not only to the hon. Lady, but to many Members on both sides of the House?

[Tom Brake]

Further to that point of order, Mr Speaker.

[Mr Speaker]

I am not sure there is anything further, but I will indulge the right hon. Gentleman.

[Tom Brake]

I asked the Foreign Secretary whether he would support the Magnitsky Act amendments to the Criminal Finances Bill. I wonder whether he might be willing to indicate that he will respond on that point.

[Mr Speaker]

He might. I say to the right hon. Gentleman and any other Member who feels that his or her point has been inadequately addressed, or not addressed at all, that I am sure that the Foreign Secretary will study what has been said by colleagues and that, if he feels there are points that are unaddressed, he will write to all such colleagues. I am quite sure that the Foreign Secretary will do that.

We have to leave it there for now. We cannot continue the debate at this time, although there is plenty of scope for doing so subsequently.



Neighbourhood Planning Bill (Programme) (No. 2)

Ordered,

That the Order of 10 October 2016 (Neighbourhood Planning Bill (Programme)) be varied as follows:

(1) Paragraphs (4) and (5) of the Order shall be omitted.

(2) Proceedings on Consideration and proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion, at today’s sitting, four hours after the commencement of proceedings on the motion for this order.

(3) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion, at today’s sitting, five hours after the commencement of proceedings on the motion for this order.—(Gavin Barwell.)

Yemen

Tom Brake Excerpts

Monday 12th December 2016 Commons Chamber

[Mr Ellwood]

I think that that is the point that everybody is most concerned about. Although it can take time for both parties to come to the table and work out the details, there is a sense of urgency in making sure that the humanitarian aid can get in as early as possible. That will be the focus of the next Quad meeting. Yes, we want parties to come together, but we immediately need access routes. We need the port to be opened fully so that container ships can go in and equipment can be distributed right across the country, not just through the port of Aden, which is how the material currently goes in.

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

Now that the Foreign Secretary is encouraging transparency and honesty in foreign affairs policy, does the Minister accept that, by signing up to the convention on cluster munitions, the UK is taking a stance that cluster munitions are always in violation of international humanitarian law owing to their indiscriminate and disproportionate nature? If so, arguing that the Saudi use of them is legitimate, as the Minister does, is completely contradictory and in violation of the convention, which states that the UK should always encourage Saudi Arabia not to use them. Why are the UK Government adopting that position?

[Mr Ellwood]

To be clear, it is against international law only if the country has signed the convention, and there are countries across the world that have yet to do so. We have signed it and it is our policy to encourage others to do so. I had a meeting last Sunday with all the Foreign Ministers of the Gulf Co-operation Council nations, and I formally invited every single one of the Gulf countries to consider signing the convention. I hope that we will be able to move forward on this.

--- Later in debate ---

[Mr Ellwood]

I am grateful for my hon. Friend’s comments. He is right to point out the difficulties in getting access to these areas. There are a series of checkpoints on roads which mean that humanitarian aid is denied. There are non-governmental organisations and commercial organisations—we are not forgetting those—that do have access in some cases, but some of the aid is taken away as a punishment or penalty, or as the cost of getting into the country. The port is not running properly; the cranes are not working—not one of the old cranes is working there. If we get them working, we will be able suddenly to increase tenfold the aid that can get into the country.

[Tom Brake]

On a point of order, Mr Speaker.

[Mr Speaker]

A point of order on cluster musicians? Very well, I will take it now. [Interruption.] Not on musicians, no—I am sorry if I misspoke. It is on cluster munitions, which was what Jack Straw would have called the gravamen of the right hon. Gentleman’s concern. Let us hear it.

[Tom Brake]

Thank you, Mr Speaker. You will have heard, just a couple of minutes ago, the Minister say that the Government are against cluster munitions, but I have before me a letter from the Minister dated 3 November 2016, in which he states:

“The UK maintains the view that cluster munitions are not prima facie illegal, and can be used in compliance with international law by States that are not party to the Convention…provided that they are used in a manner that is compatible with international humanitarian law, including distinction, proportionality and the obligation to take all feasible precautions.”

I am confused, because the Minister says that the Government are completely opposed to cluster munitions and yet in this letter he sets out a view that in some circumstances they are perfectly legitimate and acceptable to use.

[Mr Speaker]

The answer to the right hon. Gentleman is twofold. If what he wants is personal reassurance, I suggest that his appropriate recourse is to sidle up to the junior Minister and ask to have a cup of tea with him. Secondly, if he is concerned for the benefit of the House as a whole and he wants something formally on the record—as a former Deputy Leader of the House, I doubt he particularly needs my advice, but I will proffer it—he should table a written question on this substantive point upon which he requires clarification, and I think he will probably find his salvation coming pretty soon.

Aleppo

Tom Brake Excerpts

Monday 28th November 2016 Commons Chamber

[Mr Ellwood]

I concur with my right hon. and learned Friend. It is important that we are able to move forward on this and be aware of the consequences of our doing nothing. I sit here with the briefings I receive and the responsibility I have as Minister for the middle east, and I am very conscious of the comments, the concerns and the anger expressed here today. We have to work with what is the art of the possible and what is the art of the legal as well, but the Foreign Office is looking at various options, and I hope we will be able to advance this, better understand it ourselves, and—dare I say it?—better understand and better educate the British public, so we take them with us, which was a concern back in 2013 as well. We were all haunted by what happened in Afghanistan and Iraq: was this another situation we were going to get sucked into? Things are different now, as my right hon. and learned Friend says, so, absolutely, we should move forward on that note.

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

Since the critical final phase of the assault on Aleppo started, with which foreign Governments has the Minister discussed the feasibility of airdrops?

Oral Answers to Questions

Tom Brake Excerpts

Tuesday 22nd November 2016 Commons Chamber

[Alok Sharma]

As my hon. Friend will know, it is for the Indian Government and the Reserve Bank of India to define what is Indian legal tender. However, I can say that the Foreign and Commonwealth Office has updated its travel advice, advising British nationals travelling to India how to act in this matter, and we advise those nationals to monitor the situation closely.

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

What is the Foreign Secretary doing to secure the release of Nazanin Zaghari-Ratcliffe?

[Boris Johnson]

I can tell the right hon. Gentleman that the Foreign Office is in regular contact with the Iranian Government at all levels. The matter has been raised by the Prime Minister with President Rouhani, and by me with Foreign Minister Zarif. My hon. Friend the Member for Bournemouth East (Mr Ellwood) has only recently had meetings on that very subject. The matter is of the utmost priority for this Government, and we are doing our level best to resolve it.