International Human Rights Abuses: UK Response

Zarah Sultana Excerpts

Wednesday 24th January 2024 Westminster Hall

[Zarah Sultana (Coventry South) (Lab)]

It is a pleasure to serve under your chairship, Dame Maria. I congratulate my hon. Friend the Member for Luton North (Sarah Owen) on securing this important debate.

I would like to talk about the Government’s response to Israel’s violations of international law in Gaza and about revelations that I believe should be a major news story but that, as far as I am aware, have been covered by only one mainstream outlet. They relate to recently released court documents that reveal that, from very early on in the war, the Foreign Office had major doubts about Israel’s compliance with international law—a fact the Government have hidden.

The documents show that, on 10 November, just a month into the war, the Foreign Office had made an internal assessment of Israel’s compliance with international law and judged that

“the volume of strikes, total death toll as proportion of those who are children, raise serious concerns.”

It went on to say that His Majesty’s Government’s

“inability to come to a clear assessment on Israel’s record of compliance with IHL poses significant policy risks.”

However, those serious concerns were kept secret from Parliament and the public.

Instead, Ministers continued to give reassurances about Israel’s commitment to international law. For example, just four days after that assessment was made, I asked the Minister of State, Foreign, Commonwealth and Development Office, the right hon. Member for Sutton Coldfield, in the main Chamber whether Israel had used British-made weapons for war crimes in Gaza. He replied that

“the President of Israel…has made it clear that his country will abide by international humanitarian law.”—[Official Report, 14 November 2023; Vol. 740, c. 523.]

That was despite the fact that, as shown by these documents, his Department doubted the Israeli President’s words.

The documents reveal that another assessment was made by the Foreign Office on 8 December, expressing “concerns regarding” Israel’s

“commitment to comply with the obligation not to arbitrarily deny access to humanitarian assistance”

and saying that it was “possible Israel’s actions” in relation to the provision of humanitarian relief

“were a breach of International Humanitarian Law.”

Those damning judgments were, again, not made public. Instead, Government Ministers continued to reassure the public about Israel’s commitment to international law, and they continue to do that.

The documents show that, a few days after that assessment, the Foreign Secretary

“decided he was satisfied there was good evidence to support a judgment that Israel is committed to comply with International Humanitarian Law.”

On that basis, he continued allowing arms sales to Israel, despite the fact that, according to our Government’s policy and international law, arms export licences should not be granted if there is a clear risk that they could be used in violation of international law. That recommendation was accepted by the Business Secretary on 18 December, and arms sales to Israel were allowed to continue.

When questioned about these matters at the Foreign Affairs Committee this month, the Foreign Secretary failed to disclose the fact that his Department had carried out a formal review of Israel’s compliance with international law, and he denied that he had made a ministerial decision about allowing arms sales to continue. Members will be unsurprised to learn that the Chair of that Committee is writing to the Foreign Secretary to ask him to clarify his comments.

What does this tell us? First, it tells us that, early on in the war, the Foreign Office had serious concerns about Israel’s breaches of international law. Secondly, it tells us that Ministers hid that fact, pretending in Parliament and in the media that they had confidence in Israel’s commitment to international law. Thirdly, it tells us that we should have absolutely no confidence in the Government’s arms export licensing regime, which Ministers boast consists of

“the toughest regulations anywhere in the world”—[Official Report, 27 November 2023; Vol. 741, c. 565.]

but which are clearly grossly inadequate.

To finish, I would like to ask some questions of the Minister. Why did Foreign Office Ministers not reveal that their Department had serious concerns about Israel’s behaviour from as early as 10 November? Was that because they wanted to give Israel the green light for its bombardment of Gaza and they thought that revealing this assessment would simply make that too hard? Why did the Foreign Secretary recommend continuing with arms sales to Israel even though his Department had those concerns? Was it because this Government are too cowardly to stand up for international law, or is it because they do not care about international law when it does not suit them? Finally, will the Government comply with their own rules and with international law and the basic humanity at the heart of it and stop arming Israeli war crimes?

[Dame Maria Miller (in the Chair)]

I call Alyn Smith.

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[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (David Rutley)]

It is an honour to see you in the Chair, Dame Maria. We have known each other a long time, but I do not think I have had the chance to say “Dame Maria” in public, so that made me feel good.

I am very grateful to the hon. Member for Luton North (Sarah Owen), and I congratulate her on securing this really important debate. Some who have participated have recognised the important contribution of Tony Lloyd on this subject and many others. His passing is a very sad loss.

I am grateful for the opportunity to respond on behalf of the Government on these very important issues, which have been raised with passion and conviction. That was very clear. I will seek to respond to as many points I can, but I cannot promise to respond to every single one. This is probably one of the most wide-ranging debates I have ever been involved in, for understandable reasons, and that in itself is a concern.

The Government believe, as the House believes, that human beings are born free and equal in dignity and rights. This was clearly enshrined in the universal declaration of human rights 75 years ago. The UK has long championed its importance, and as we marked its anniversary last month, we renewed our steadfast commitment to protect and promote the rights that it enshrines. We demonstrated the depth of our commitment to that around the world by making five human rights pledges, which we submitted to the United Nations as part of its anniversary celebrations in December. We used the opportunity to highlight our long-standing and ongoing support for human rights defenders, and for equal rights for women and girls, disabled people and LGBT+ persons. We also cemented our commitment to defending freedom of religion or belief, combating modern slavery, and raising the standards of public and private security organisations.

My noble Friend Lord Ahmad of Wimbledon, who is the Minister responsible for human rights, also hosted an event last month to celebrate Human Rights Day, where the Foreign Secretary outlined three ways in which we can help deliver those five pledges. First, the UK will continue to stand up for the rights of all, including by holding human rights abusers and violators to account, offering support and sanctuary to victims, and defending the open international order. Secondly, we will champion the open societies that guarantee those rights in the first place. Thirdly, we will stand together with allies, friends and partners—old and new—to realise the universal declaration of human rights.

As the Foreign Secretary underlined, if we show international strength and unity, there is no reason why we cannot prevail in the fight for human rights around the world. That theme has resonated across both sides of this debate. I heard it from the hon. Members for West Ham (Ms Brown) and for Stirling (Alyn Smith), who both made important contributions to the debate.

As we strive towards that aim, we must overcome horrific global challenges, including humanitarian crises, conflicts and fierce opposition to human rights. They have all been catalogued today. The hon. Member for Glasgow North (Patrick Grady) mentioned Colombia. In my brief, the Americas, I have seen at first hand the devastating impact that human rights abuses and violations can have on individuals, particularly women, in times of conflict, and on communities, democracy and freedom. These cruel injustices serve only to strengthen the UK’s resolve to promote and protect human rights in every corner of the world.

One theme that has come out of this debate loud and clear is freedom of religion or belief. I will not spend a huge amount of time on that because we will cover it in a three-hour debate tomorrow, but I will just highlight the excellent report and presentation last week from Open Doors UK about the plight of Christians in Nigeria and Pakistan, which has been touched on today. We have also heard about the persecution of Muslims, Buddhists, the Baha’is—the list goes on. There must be more tolerance in the world, and we need to work hard for that. The right hon. Member for Hayes and Harlington (John McDonnell) talked about the importance of freedom of expression and a free press. I will not go on; he is no longer in his place, but I think we all understand the importance of that.

The UK will remain one of the most active and influential states on the international stage when it comes to human rights, including within the Council of Europe and the Organisation for Security and Co-operation in Europe. At the UN Human Rights Council last October, the UK led resolutions on Sudan—a point that was raised earlier—Somalia, and the importance of girls’ education. We also strongly supported resolutions to renew the mandate of the special rapporteurs on Russia and on Afghanistan.

We have also made important strides on sanctions. In December, linked to the 75th anniversary and the five pledges that I talked about, we announced 46 sanctions, including asset freezes and travel bans, against individuals and entities linked to human rights abuses around the world. We targeted individuals linked to authorities in Belarus, Haiti, Iran and Syria for their repressive activity against civilian populations.

I pay tribute to a brave individual I met in Peru, Quinto Inuma Alvarado, who was tragically murdered after I had the honour of meeting him and other human rights defenders in that country. He talked passionately about his work to protect the Amazon, but he was not allowed to continue taking those views forward, and his life was tragically cut short. My thoughts and prayers continue to be with him and his family. There is too much of this violence in the world.

[Zarah Sultana]

The Minister has yet to come to the topic of what is happening in Gaza, but I repeat the question that I asked: why did Foreign Office Ministers not reveal the fact that their Government had concerns about Israel’s compliance with international law as early as 10 November? I want to hear a response to that specific question.

[David Rutley]

I will come on to Israel and Gaza, and I will not be long. I will get there very quickly.

The issue of Ukraine is important for all of us, and I am grateful for the support across the House on it. We are nearly two years on from the illegal invasion, and Ukraine’s Office of the Prosecutor General has recorded more than 120,000 incidents of alleged war crimes, murder, rape and the deportation of children. Those are matters of international humanitarian law, which is separate and distinct from the legal obligations that regulate armed conflict. We will continue to hold Russia to account. I want also to mention some of the persecution that goes on within Russia, including the imprisonment of Vladimir Kara-Murza for his opposition to Russia’s illegal war in Ukraine. We have constantly called for his release since his initial arrest and will regularly raise his imprisonment with Russian authorities and in multilateral fora.

Gaza is a hot subject, and I am not going to duck the issue. There are strong opinions on both sides. My hon. Friend—I will call her that, but I should probably call her the hon. Member for West Ham—talked about the need for a ceasefire. We want a sustainable ceasefire, and we are working hard towards it.

The hon. Member for Coventry South (Zarah Sultana) raised important points. What I can say at this point—she will probably not be happy with the answer—is that Ministers review the advice they receive carefully and act consistently with that advice. We work hard and continue to call for international humanitarian law to be respected and for civilians to be protected. As the Foreign Secretary outlined, we assess that Israel has the capability and commitment to comply with international humanitarian law, but we are also deeply concerned about the impact on the civilian population in Gaza. Too many civilians have been killed.

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[Zarah Sultana]

Will the Minister give way on that point?

[David Rutley]

I will give way one more time on that point.

[Zarah Sultana]

The Minister is being very generous with his time. If there are concerns in the Foreign Office, as per the internal assessment, why did the Foreign Secretary recommend continuing to allow arms sales to Israel? That goes against our current policy, which is that where there is a risk that human rights violations will take place, we should not continue selling arms licences to countries.

[David Rutley]

The Foreign Secretary outlined on 8 January that he has not received advice that Israel has breached international humanitarian law. On export licences, the UK supports Israel’s legitimate right to defend itself and take action against terrorism, provided that it is within the bounds of international humanitarian law. All our export licences are kept under careful and continual review, and we can amend, suspend or revoke extant licences or refuse new licence applications where they are inconsistent with the UK’s strategic export licensing criteria. It is important to note that, as I think hon. Members are aware, the regime is among the most rigorous and transparent in the world.

On the topic of Israel and Gaza, a number of people talked about South Africa’s case at the International Court of Justice. The Government believe that this development is not helpful, and we do not support it. As previously stated, we recognise that Israel has a right to defend itself against Hamas, and we do not believe that calling that genocide is the right approach. Ultimately, it is for the courts, not states, to decide on matters of genocide, and of course we will respect the role and independence of the ICJ.

Many other subjects were talked about, including Kashmir. Our long-standing position on Kashmir is that it is for India and Pakistan to find a lasting political resolution to the long-standing and ongoing dispute. The UK recognises that there are human rights concerns in both India-administered Kashmir and Pakistan-administered Kashmir.

Israel and Palestine

Zarah Sultana Excerpts

Monday 8th January 2024 Commons Chamber

[Mr Mitchell]

There is clearly no place in any future settlement for Hamas and their vile ideology and terrorist actions. The two-state solution must be driven forward by people of good will on all sides.

[Zarah Sultana (Coventry South) (Lab)]

Last week, when the Israeli ambassador was told she was making

“an argument for destroying the whole of Gaza”,

she replied,

“do you have another solution…?”

Genocidal rhetoric like that has been echoed by a litany of Israeli officials and is matched by a murderous bombing campaign that has now killed more than 23,000 Palestinians. That is why Israel now faces the charge of genocide at the International Court of Justice. Will the Minister expel the Israeli ambassador for her genocidal rhetoric? Will he support the case against Israel at the International Court of Justice, and will he end his Government’s complicity in this atrocity by banning arms sales to Israel and demanding an immediate ceasefire?

[Mr Mitchell]

As I think the hon. Member will know, we are pressing for a sustainable ceasefire as well as humanitarian causes, and we are doing everything we can in that respect. In respect of the wider matter about international humanitarian law, the judgment that the Foreign Secretary made on 12 December on these matters still stands. There has been no additional evidence since that time to suggest otherwise.

Israel and Gaza

Zarah Sultana Excerpts

Tuesday 19th December 2023 Commons Chamber

[Mr Mitchell]

I thank my hon. Friend for what he has said today, and for the information and work from his community in Bolton that he is making available to the Foreign Office. Of course I shall be pleased to see him at a mutually convenient time.

[Zarah Sultana (Coventry South) (Lab)]

Last week I attended a briefing with Professor Ghassan Abu Sitta, a heroic British Palestinian doctor who had just returned from Gaza. Because the Israeli siege prevents medical supplies from entering Gaza, he told us he had to use vinegar and washing up liquid to sterilise wounds, even on the night when he performed amputations on six children. He recounted their screams, and the desperation of their parents. I pay tribute to Professor Ghassan, but it will forever shame this House that the dying and the wounded who he treated were bombed and maimed by Israel with the approval of this place. Will the Government finally listen to the growing global calls and demand an immediate ceasefire?

[Mr Mitchell]

The hon. Lady’s eloquent intervention underlines the importance of achieving a sustainable ceasefire in the way set out by the Foreign Secretary in his article at the weekend.

Gaza: Humanitarian Situation

Zarah Sultana Excerpts

Monday 4th December 2023 Commons Chamber

[Leo Docherty]

The hon. Gentleman makes a good point about post-war reconstruction and the return of civilians. Of course, the UK will be at the heart of the international response that will attend to that.

[Zarah Sultana (Coventry South) (Lab)]

Madam Deputy Speaker:

“A night of utterly relentless bombardments”—

the worst of the war so far. Those are the words of a UNICEF spokesperson this morning in Khan Yunis in the south of Gaza, where 1.8 million Palestinians are now trapped as Israeli bombs rain down on them. They were ordered to flee the north, and they are now being slaughtered in the south. Nowhere is safe in Gaza. As even UN experts warn of the grave risk of genocide, the UK Government continue to give their full support to Israel, calling for pauses in the slaughter but not a permanent ceasefire and an end to the slaughter. Is the Minister happy to be part of a Government so deeply complicit in the horrors being inflicted on the Palestinian people?

[Leo Docherty]

We continue to be forthright in our support for the absolute right of Israel to defend its people and its sovereignty. The tragedy that has unfolded following the Hamas terrorist abomination on 7 October of course brings pain to all sides, but we will continue to be forthright in our commitment to Israel’s security and, ultimately, I hope, to Palestinian statehood, in a long-term and sustainable peace in the middle east.

Israel and the Occupied Palestinian Territories

Zarah Sultana Excerpts

Tuesday 14th November 2023 Commons Chamber

[Mr Mitchell]

The hon. Member will have heard heavily rehearsed during this statement the arguments for and against a ceasefire, and I fear I cannot add anything to what I have already said on that point.

[Zarah Sultana (Coventry South) (Lab)]

The Minister’s call for Israel to follow international law in Gaza rings utterly hollow when we know that that is not happening. The United Nations Secretary-General, Amnesty International, Human Rights Watch and others have been clear that Israel is clearly and grossly violating international humanitarian law. Since 2015, this Government have licensed more than £472 million of arms exports to Israel, including parts of F-35 stealth aircraft, which are currently raining down bombs on Gaza. Does the Minister know whether British weapons have been used in violations of international law in Gaza, and does he agree that we should not sell weapons for committing war crimes?

[Mr Mitchell]

The hon. Member will know that the President of Israel, President Herzog, has made it clear that his country will abide by international humanitarian law. [Interruption.] She will also know that, in respect of arms exports in this country, we have the toughest arms regulations anywhere in the world.

Occupied Palestinian Territories: Humanitarian Situation

Zarah Sultana Excerpts

Wednesday 8th November 2023 Commons Chamber

[Mr Mitchell]

The British role at the United Nations is second to none in trying to stop what is happening in Israel and in Palestine. The point I would make to the hon. Gentleman is that Hamas knew exactly what they were unleashing on that dreadful day of 7 October, and the blame for what has happened should be allocated precisely where it rests.

[Zarah Sultana (Coventry South) (Lab)]

Gaza used to be described as a “prison camp”—that is what Prime Minister David Cameron called it in 2010. This week the United Nations Secretary-General called it “a graveyard for children”. More than 10,000 Palestinians have been slaughtered in Israel’s assault, nearly half of them children. It would take nearly six hours to read the names and ages of every child killed so far. Yet that horror has been given the green light by this Government. Today I tabled an amendment to the Humble Address calling for an immediate ceasefire, a move backed by 76% of the British public. Will the Government finally do what is right and demand an immediate ceasefire to end the bloodshed?

[Mr Mitchell]

While the hon. Lady is eloquent on the effects, she is not so eloquent, in my opinion, on the causes. In respect of the amendment that she has tabled, of course that is a matter for the House, but it will not be supported by the Government, nor by those on her own Front Bench.

Shireen Abu Aqla

Zarah Sultana Excerpts

Monday 16th May 2022 Commons Chamber

[Zarah Sultana (Coventry South) (Lab)]

As if the ongoing dispossession and discrimination faced by the Palestinian people was not enough cruelty, Israel continuously targets Palestinian journalists. There is not only the murder by Israeli snipers of Shireen Abu Aqla, who for decades bravely reported the crimes inflicted on her people. Since 2000, Israel has killed an estimated 51 Palestinian journalists and an independent UN commission of inquiry found that, during the 2018 march of return, Israeli snipers intentionally shot Palestinian journalists who were clearly marked as such, killing Yasser Murtaja and Ahmed Abu Hussein. What will it take for the Government to stop equivocating over these horrific crimes and hold Israel to account for its routine violations of international humanitarian law? And for the seventh time, will the Minister summon the Israeli ambassador?

[Vicky Ford]

We stand by journalists all across the world and it is a tragedy that so many journalists have been killed in recent years, and particularly this year. That is why we continue to raise issues of media freedom on the global stage. In February in Estonia, we announced support for the secretariat for the Media Freedom Coalition, which we founded and which now has 52 members. We will absolutely stand for media freedom and for journalists all across the world.

Prime Minister’s Visit to India

Zarah Sultana Excerpts

Tuesday 26th April 2022 Commons Chamber

[Vicky Ford]

I know the Prime Minister keeps a close eye on trade and economic numbers and on the prosperity of this country at a very difficult time for world prosperity.

[Zarah Sultana (Coventry South) (Lab)]

The Prime Minister began his trip to India with a visit to a JCB factory, just one day after the company was embroiled in controversy after its bulldozers were used to illegally demolish Muslim homes and businesses in Delhi, and following widespread anti-Muslim violence in India, which is widely seen as being whipped up by Modi and the ruling BJP. I ask the Minister again, since she has failed to answer the question: did the Prime Minister challenge Modi on the BJP’s role in anti-Muslim violence in India, or did he again disregard human rights abuses? Does the Minister acknowledge that the visit to the JCB factory was a mistake?

Human Rights: Kashmir

Zarah Sultana Excerpts

Thursday 23rd September 2021 Commons Chamber

[Zarah Sultana (Coventry South) (Lab)]

Thank you, Mr Deputy Speaker, and I thank my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams).

Today’s debate on rights abuses in Kashmir is one close to my heart. It is very personal for me. In the 1960s, my grandfather came to the west midlands to work in the foundries, having left his home in Kashmir. I still have family in the region, and that is what makes what is happening in Kashmir all the more painful.

It is now more than two years since the BJP Modi Government unilaterally revoked articles 370 and 35A of the constitution, robbing Indian-occupied Kashmir of autonomy, reflective of its status as an occupied territory, violating UN resolution 47 and initiating a brutal lockdown. This has intensified human rights violations in the region, with widespread reports of torture, rape, extrajudicial execution and illegal detention. In what is now the largest military occupation in the world, the internet connection was cut off, and political leaders, activists and journalists were arrested.

In 2020, following its reports of widespread state abuses, human rights organisation Amnesty International faced reprisals from the Modi Government and was forced to halt its operations in the region. These repressive actions have been mirrored in how the Indian Government have cracked down on the largest protests in world history, led by tens of thousands of farmers; in how they have unlawfully detained British Sikhs in India, such as Jagtar Singh Johal; and in how they attempted to have three British Sikhs from the west midlands extradited, only for Westminster magistrates court yesterday to rule that there was not evidence to justify it. I send my solidarity to the families of these men, who have faced months of agonising uncertainty and fear, and to the Sikh community in Coventry and across the UK.

Human rights abuses in Kashmir are not simply some issue of foreign policy of which Britain can wash its hands of responsibility, nor are they a bilateral issue for India and Pakistan to resolve. This House has a special responsibility for the plight of the Kashmiri people. In 1947, as the colonial power, the British Government oversaw partition of the Indian subcontinent and rejected calls for Kashmiri independence. That decision laid the groundwork for the oppression we see in Kashmir today. But far from standing up to the Indian Government for their violations of human rights and international law, this Conservative Government would rather cosy up to Prime Minister Modi, and would rather refuse to speak out and, once again, demonstrate moral cowardice that shames this House.

Britain has a special responsibility to the Kashmiri people, and it is long past time that we spoke up for their inalienable rights and pursued diplomatic channels to secure UN resolution 47, securing their right to self-determination.

[Mr Deputy Speaker]

Apologies to Jim Shannon, who has been here throughout, but, sadly, we have run out of time. Wind-ups—I call Hannah Bardell.

Detention of Jagtar Singh Johal

Zarah Sultana Excerpts

Wednesday 30th June 2021 Westminster Hall

[Zarah Sultana (Coventry South) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hollobone.

While in India for his wedding on 4 November 2017, British citizen Jagtar Singh Johal was shopping with his newly wedded wife when he was bound, hooded and bundled into a car by plain-clothed police officers. Leaving his wife with no explanation why he had been taken, Jagtar was taken into police custody and denied his right to see a lawyer, family members or a representative from the British high commission. Once imprisoned, Jagtar reported being tortured by police. He said crocodile clips were placed on him, with electricity fired through his body. Such was the severity of the torture that Jagtar had to be carried out of the interrogation room. To make the pain stop, Jagtar reports that he was forced to confess to the alleged conspiracies.

Why has he faced these basic violations of his rights? Prior to his arrest, Jagtar was involved in raising awareness of human rights abuses against India’s Sikh population. Human rights organisation Reprieve fears that he has been targeted for exercising freedom of expression and his right to it. It has already cost him four years in prison without trial. He has endured torture and now there is a real risk that confessions extracted through torture could be used to sentence him to the death penalty. Jagtar now languishes in prison, where mass covid-19 outbreaks have triggered calls for states to protect vulnerable prisoners.

In the face of these humans rights abuses, what have the British Government done? Rather than standing up for the rights of British nationals overseas, they have failed to follow Foreign, Commonwealth and Development Office policy to lobby for arbitrarily detained UK nationals overseas, and ignored calls from myself and 139 colleagues earlier this year to do precisely that. The Government have even failed to secure an independent medical assessment of Jagtar to judge the severity and extent of torture, and to secure private consular visits with him for over three years. The Foreign Secretary has failed to meet with Jagtar’s family and despite calls from human rights organisations to raise the issue, the Prime Minister failed to challenge Indian Prime Minister Modi on Jagtar’s detention and treatment in a meeting in April.

This is a shameful dereliction of duty, Mr Hollobone: a pattern of what is happening in India and how the British Government are failing to stand up for human rights. In recent years in India, there have been a growing number of arrests of humans rights defenders, student leaders, trade unionists, journalists, and others critical of the ruling Government. In occupied Kashmir in 2019, the Indian Government unilaterally revoked articles 370 and 35A of the Indian constitution.

[Mr Philip Hollobone (in the Chair)]

Order. I call the hon. Member for East Renfrewshire (Kirsten Oswald).