Bahrain
Baroness Stern Excerpts(4 years, 10 months ago)
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Lord Ahmad of Wimbledon
I thank my noble friend, who seems to have promoted me to the Privy Council by addressing me as his right honourable friend. He is right to raise the issue of the Shia majority. I assure him that reforms have taken place, including the reinstatement of citizenship for members of the Shia community. However, I share with him the deep concern that the Shia majority remains unequal in its representation and its ability to gain the kind of access that the Sunni minority has. That is an issue that we continue to raise. We will continue to work with Bahrain. Bahrain is a partner and we have many strategic interests. I believe that lends itself to being able to raise these issues of deep concern with the authorities.
Baroness Stern (CB)
My Lords, on 10 July the Foreign and Commonwealth Office published an admirable paper, with a marvellous photograph of the Minister on the front. That guidance note, entitled UK Support for Human Rights Defenders, makes it clear that through its diplomatic posts the UK should support human rights defenders in a variety of ways. As we have heard, that is not exactly what is happening in Bahrain, and almost all non-violent critical voices have been silenced. A number of those people are now in prison, living in appalling conditions. Could the Minister assure the House that when our new ambassador to Bahrain takes up his post next month he will support human rights defenders, put the admirable guidance note into practice and, perhaps, have more confidence than in the past in raising cases with the Government when necessary?
Lord Ahmad of Wimbledon
I am delighted that the noble Baroness noticed my photograph, so I thank her for that. On the more pertinent and important issue of the guidance, I think it was right that we issued it. To be candid and up front with everyone, it took a bit of time to get to the point where we were able to do so, but we did it hand in glove with human rights organisations, including Amnesty International, and I am grateful for its support in that respect. On specific cases, I agree with the noble Baroness. The new ambassador will raise these cases, as our current ambassador does. We have been very active and we spend much of our resource on this. Quite often we receive inquiries from human rights defenders such as Sayed al-Wadaei and we respond directly to them. There have been numerous Parliamentary Questions. We have raised specifically the cases of Bahraini nationals, including Hajar Mansoor Hassan, Sayed Nizar al-Wadaei and Mahmoud Marzouk Mansour, at senior levels within the Bahraini Government. The Bahraini Government have also been clear that those convictions are not related to the activities of Mr al-Wadaei himself. We will continue to remain vigilant, and I look forward to working with noble Lords on this important issue.
Sanctions and Anti-Money Laundering Bill [HL]
Baroness Stern Excerpts(6 years, 4 months ago)
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Baroness Stern
“Public registers of beneficial ownership of companies in the British overseas territories
(1) For the purpose of preventing money-laundering, the appropriate Minister must provide all reasonable assistance to the governments of—(a) Anguilla;(b) Bermuda;(c) the British Virgin Islands;(d) the Cayman Islands;(e) Montserrat; and(f) the Turks and Caicos Islands,to enable each of those governments to establish a publicly accessible register of the beneficial ownership of companies registered in that government’s jurisdiction.(2) No later than 1 January 2020 the appropriate Minister must prepare an Order in Council, and take all reasonable steps to ensure its implementation, in respect of any British overseas territories listed in subsection (1) that have not by that date introduced a publicly accessible register of the beneficial ownership of companies within their jurisdiction, requiring them to adopt such a register.(3) In this section a “publicly accessible register of beneficial ownership of companies” means a register which, in the opinion of the appropriate Minister, provides information broadly equivalent to that available in accordance with the provisions of Part 21A of the Companies Act 2006 (information about people with significant control).”
Baroness Stern (CB)
My Lords, Amendment 73 is tabled in my name and those of the noble Lords, Lord Kirkhope and Lord Collins, and the noble Baroness, Lady Kramer. I welcome the cross-party support this amendment has attracted. I am grateful to Mrs Kimberly Durrant, the representative of Bermuda in the UK, and Mr Benito Wheatley, director of the British Virgin Islands London office, for the useful briefing they have provided.
The amendment aims to bring transparency to the financial operations in the six British Overseas Territories that have financial centres by creating public registers of beneficial ownership of the companies based in them. One of the six—Montserrat—has already agreed to do this. Noble Lords will be aware that, since 2013, the Government have been working with these territories to develop registers of beneficial ownership that are rapidly accessible to law enforcement agencies. Amendment 73 would require the Government to go further and to give all reasonable help and support to those territories so as to make their registers publicly accessible. If this is not done, the Government should ensure it is done by making Orders in Council.
There is one change in the amendment since Committee, in that it requires the registers to be made public not by January 2019 but by January 2020. In a very useful meeting with the Minister last week—I add my voice to those who have expressed their admiration for him—he made clear that January 2019 was quite impractical for implementation. He is of course right: 2020 is much more realistic and would give a reasonable length of time for the change the amendment proposes to be brought in. When this amendment was discussed in Committee, the Minister very helpfully indicated the progress that had been made. He reported that Bermuda, the British Virgin Islands and the Cayman Islands have central registers of beneficial ownership information, or similarly effective systems, now in place. This is much to be welcomed.
This is the fourth time we have discussed in your Lordships’ House the need for the overseas territories to produce public registers. Each time, the case for ending secrecy becomes stronger as more information emerges about how illicitly obtained money is protected from discovery by anonymity. It is clear that not all those who set up shell companies in offshore locations are doing so because they have something to hide, but for those who do have something to hide—drug barons, arms traders, tax evaders, government Ministers in resource-rich countries stealing money that should go to the good of the people—anonymous shell companies meet their needs very well. They assume they will not be discovered, exposed to the public gaze or prosecuted. They can pursue their criminal activities with impunity.
In the absence of the transparency this amendment calls for, we have had to depend on whistleblowers and hackers to take great personal risks in order to expose this criminality. Thanks to the work of these whistleblowers and hackers, a flow of information has emerged, from the offshore secrets database in 2013, through the Panama papers of 2016 to the Paradise papers last year. It should be noted that more than 100,000 of the accounts revealed in the Panama papers were registered in the British Virgin Islands.
This information has given law enforcement and tax collection agencies a chance to pursue a considerable amount of criminality. For instance, Europol reported at the end of 2016 that it had found in the Panama papers database nearly 3,500 probable matches to organised crime, tax fraud and other criminal activities. The report on the recent work of the Government’s Panama papers task force revealed that in October last year 66 investigations were under way into tax evasion, organised crime and money laundering—and all that is the tip of the iceberg.
In Committee, the Minister explained very helpfully to your Lordships’ House why the Government were resisting the transparency required by this amendment. He argued that, as the overseas territories have their own democratically elected Governments, it is rare for this Government to legislate for them without their consent. Where this has occurred it has related to our international human rights obligations—that is, on the abolition of the death penalty and the decriminalisation of homosexuality. He told the House:
“Financial services are the domestic responsibility of territory Governments”.
He said that to legislate without their consent to require publicly accessible registers of beneficial ownership,
“would create considerable ill-feeling”,—[Official Report, 6/12/17; col. 1117.]
and jeopardise current co-operation. He did not argue, and this is most welcome, that requiring the registers in the British Overseas Territories to be publicly accessible would put the territories at a competitive disadvantage compared with other jurisdictions that provide similar secret financial services.
The Minister quite properly sees that what this amendment asks would be difficult and would require much patient negotiation. He is right. I too see the difficulties, but I also see hospitals and schools unbuilt because the money for them has been siphoned off; women trafficked and drawn into prostitution because there is no other way to feed their family or get healthcare for sick parents; mothers dying in childbirth because there is no money for maternity services; and much more.
The British Overseas Territories are British, and Britain is a global leader in fighting corruption. At the G20 summit in 2013, David Cameron promised that the UK would create a central register of companies’ beneficial ownership information. The UK is now the only country in the G20 to have established such a register. He was a strong advocate of such registers in the British Overseas Territories and elsewhere. The 2016 summit hosted by the UK was a significant event that moved anti-corruption work higher up the global agenda. Furthermore, the UK is at the forefront of providing development aid and promoting human rights internationally.
The Minister has an undoubted commitment to human rights and the rule of law. It has become very clear during the proceedings of the Bill that the levels of fraud, tax evasion and corruption that are causing so much misery in the poorest parts of the world are an abuse of human rights and the rule of law. I therefore urge the Minister to reconsider his view that we can wait until public registers become the global standard and only then require the British Overseas Territories to move to greater transparency. I beg to move.
Lord Kirkhope of Harrogate (Con)
My Lords, as a co-signatory to the amendment I support the noble Baroness, Lady Stern. I shall speak for only a few moments because we have already heard from her a very good explanation of the amendment.
I speak from the point of view of my support for the initiative that was originally taken by this country at the G20 summit in 2013 by my then right honourable friend David Cameron, and pursued by him very vigorously in the further widely supported summit in 2016, to provide this country with a position as a leader in the area of financial propriety. In my view, that is something that needs to be continued, particularly because this country is entering into a very uncertain future.
Whatever one’s views are about our present negotiations with the EU, and indeed the other negotiations that it will be necessary for us to have with the rest of the world, one of the areas in which this country has an enviable reputation—the noble Baroness referred to this a few moments ago—is the way in which we deal with financial matters. We are not perfect; everyone knows that, and other amendments that we are considering tonight will perhaps suggest that. Nevertheless, we are a country that has shown an example of being open and transparent and having standards. We have extended those things to public life, quality of products, the environment, health and, particularly, our financial conduct. Because of the uncertain future, we need constantly to look at this on the basis of David Cameron’s gold standard, rather than simply following behind global standards.
The Government have made progress, and I pay tribute to my noble friend, who has listened carefully to the concerns of those of us who wish to move in this direction. I also acknowledge that great progress has been made by both the Crown dependencies and the overseas territories in moving towards openness and transparency. However, what I believe to be a reasonable compromise on an ultimate date for the conclusion of public registers open to access will in my view tie in extremely well with this country’s future negotiations and arrangements, and the need for this country to attract more support all over the world from a great number of new investors and others who wish to be part of what we control.
This is a modest measure in many ways, but I am convinced that it gives a clear, positive and attractive measure that the world can see, so that it can continue to have total faith in this country’s integrity.
Baroness Stern
My Lords, I am grateful to all those who have spoken—my co-signatories and those who supported the amendment, and those who did not. I say to them that I have never thought it was acceptable to say that one has to carry on doing dodgy business because, if we do not do it, someone else will. If one followed that line, nothing would ever get better. Since the amount of corrupt criminal money being hidden in various parts of the world grows every month, and the number of those who suffer from that is growing all the time, I would like to test the opinion of the House.
International Criminal Court: Rome Statute
Baroness Stern Excerpts(12 years, 2 months ago)
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Baroness Stern
To ask Her Majesty’s Government what action they intend to take to raise awareness of the work undertaken by the International Criminal Court, and to provide support for it, in this 10th anniversary year of the coming into force of the Rome statute.
The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)
My Lords, the International Criminal Court is now a cornerstone of the international criminal justice system. Since 2002, it has opened seven investigations and 15 cases have been brought before the court. It delivered its first verdict last week in the case of the Congolese militia leader, Thomas Lubanga. We are currently discussing options on how to mark the 10th anniversary occasion. I shall write to the noble Baroness with details once they have been finalised.
Baroness Stern
I thank the Minister for the support that the Government give to the International Criminal Court, which I am sure is widely welcomed in this House. The Minister will know that 118 countries have ratified, representing all regions of the world, but there are some notable absentees from the list: the United States, China, Russia and India. Does he agree that the ICC would have much more global authority if those countries decided to ratify? Have the Government made representations to those four countries about ratifying? If so, what was the outcome of those representations?
Lord Howell of Guildford
I am grateful to the noble Baroness. My brief says 120 countries, not 118, but she may be right. She is quite right to say that some key countries are not signatories. She mentioned the United States, China, India and Russia; there are also Pakistan and Turkey and some others, including Syria. Obviously, the more signatories come on board, the more effective the ICC will be in future. Do we make representations? At all times. It is known in ICC circles and international circles that it would be good to get those countries to sign. The noble Baroness asks about the response. I have to say that, so far, in relation to the United States in particular, there is not a very encouraging response. There are real internal difficulties in those other countries and in the United States which prevent them signing at the moment, but we will keep pressing.
Death Penalty
Baroness Stern Excerpts(12 years, 2 months ago)
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Baroness Anelay of St Johns
My Lords, the courtesy of the House is that no more than one Peer is on their feet at the same time, so perhaps I may be that Peer for the moment. We have just heard from the Labour Benches; might we hear from the Liberal Democrat Benches, and then perhaps from the Cross Benches, before returning to Labour?
Lord Howell of Guildford
We most certainly do not accept that apostasy should be criminalised let alone that it should attract the death penalty. We will certainly make appropriate representations both to the country concerned and in the right fora of the UN. Our efforts to restrict the use of the death penalty apply universally, regardless of the crime for which it is imposed. That includes imposing the death penalty only for the most serious offences—if it must be imposed at all—such as murder. Freedom of religious belief, and certainly apostasy, should not in our view in any way attract the death penalty.
Baroness Stern
My Lords, I should like to ask the Minister about the situation in the Commonwealth, and I should declare an interest as I chair the All-Party Group for the Abolition of the Death Penalty. Twenty-one of the 54 Commonwealth countries still retain the death penalty. In view of the disappointing outcome at the Commonwealth Heads of Government meeting in October last year on human rights, can the Minister tell the House what new strategy has been developed to deal with abolition in Commonwealth countries?
Lord Howell of Guildford
Like the noble Baroness, I certainly declare an interest in the Commonwealth. She is quite right. The figures that I have show that 36 of the Commonwealth countries retain the death penalty in statute, but of those, 15 are in effect abolitionists and have not used it in practice. Eleven countries have carried through executions since 2000, and that is not satisfactory. It is certainly one of the values of the Commonwealth system that we are in a position to press very hard on those countries to see whether they will move towards abolition more quickly. My right honourable friend the Foreign and Commonwealth Secretary called for the abolition of the death penalty when he addressed the Commonwealth People’s Forum in Perth last October. So the pressure is on, and we will certainly continue. However, I emphasise that the very existence of the Commonwealth enables us to increase that pressure and focus it effectively.
Death Penalty
Baroness Stern Excerpts(12 years, 7 months ago)
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Baroness Stern
To ask Her Majesty’s Government what progress they have made with their Strategy for the Abolition of the Death Penalty, published by the Foreign and Commonwealth Office in October 2010.
Baroness Stern
My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In so doing I declare an interest as I chair the All-Party Group on the Abolition of the Death Penalty.
The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)
My Lords, the Government’s Strategy for the Abolition of the Death Penalty was indeed launched in October 2010. We have made considerable progress and today the updated strategy has been laid in Parliament and published on the Foreign and Commonwealth Office website. We have raised the issue of the death penalty at all levels bilaterally and through the European Union, including in specific cases of British nationals and others. We continue to fund a range of projects, including in China, Nigeria and the Middle East as well as in Commonwealth countries in the Caribbean and Africa.
Baroness Stern
I thank the Minister for that positive reply and for the excellent efforts that the Government are making on this subject. Can he confirm that 21 out of 58 Commonwealth countries are still using the death penalty and that there are over 11,000 people on death row in the Commonwealth? Does he expect any progress to be made at the Commonwealth Heads of Government Meeting in Perth this month on raising the question of abolition or, failing that, the question of minimum standards, so that people are not condemned to death without a fair trial?
UN: Death Penalty
Baroness Stern Excerpts(13 years, 6 months ago)
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Baroness Stern
To ask Her Majesty’s Government what action they have taken to garner support from other member states for the resolution on a moratorium on the use of the death penalty, to be considered at the 65th session of the United Nations General Assembly.
Baroness Stern
My Lords, I beg leave to ask the Question standing in my name on the Order Paper. I declare an interest as chair of the All-Party Parliamentary Group for the Abolition of the Death Penalty.
The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)
My Lords, the United Kingdom welcomes the adoption of the UN resolution on the moratorium on the use of the death penalty and was pleased to co-sponsor this important initiative. The increase in support on the 2008 resolution to 107 votes in favour reinforces the international trend towards abolition of the death penalty. In October and November, the United Kingdom discussed the aims and content of the resolution with several key states, particularly those which we considered might adopt a new position or where we were keen to confirm support.
Baroness Stern
My Lords, I congratulate the Minister on the Government’s efforts at the United Nations and on the success of the resolution. The Minister will be aware that Singapore was one of the states strongly opposed to the resolution. In relation to Singapore, is the Minister aware of the book by the British author Alan Shadrake, which highlights flaws in the way in which the courts in Singapore deal with capital cases? Is he further aware that Mr Shadrake has been given a prison sentence of six weeks for insulting the Singapore judiciary as a consequence of his book? Therefore, have the Government made representations to Singapore about the treatment of Mr Shadrake and about the use of the death penalty there?
Lord Howell of Guildford
I am very grateful to the noble Baroness for her kind words. She is of course second to none in campaigning on this central and very important issue. Yes, I am aware of Mr Shadrake’s book and can confirm that he has been sentenced to six weeks in jail for contempt of court. My colleague, the Minister of State, Jeremy Browne MP, issued a statement on 16 November expressing dismay that Mr Shadrake had been charged, convicted and sentenced to six weeks’ imprisonment in Singapore for expressing his personal views on the legal system.
Senior United Kingdom officials have discussed the death penalty with Singapore, most recently in July. The Singaporean authorities are aware that we certainly do not share their views on certain aspects of human rights, but we and the European Union continue to engage with them to encourage them to ratify and implement international human rights agreements and conventions.
Central Asia and South Caucasus
Baroness Stern Excerpts(13 years, 6 months ago)
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Baroness Stern
My Lords, I, too, thank the noble Viscount, Lord Waverley, for initiating this debate and express my appreciation to the Minister for his stamina in tackling so many world problems in one day. I, too, am a vice-chair and one of the members of the All-Party Group on Central Asia, which takes responsibility for human rights, good governance and the rule of law. Next week, I shall go to Tajikistan in that capacity for meetings with parliamentarians and civil society on a visit organised by the British embassy and the OSCE.
I shall concentrate on good governance and the rule of law in the central Asian countries. I have been involved with some of the countries of central Asia since 1993, when I made the first of my many visits to Kazakhstan. That visit related to legal and prison reform—I declare an interest as a trustee of the International Centre for Prison Studies. The visit was the beginning of a long and productive relationship.
In deciding one’s priorities in central Asia, it is always helpful to remind oneself of the origins of its countries. On a hill outside Astana, the capital of Kazakhstan, is a huge monument put up by the Kazakh Government that has engraved on it all the names of the labour camps that under the Soviet regime were located in Kazakhstan. Millions of people lived and died in them. The monument is a reminder of a not-very-distant past. It is important to remember, first, how recent the transformation of central Asia into independent states has been and, secondly, some of their enormous achievements.
The transformation of the gulag system in Kazakhstan into a prison system more consonant with human rights standards was a huge undertaking that required enormous dedication and commitment. At the same time, the public health system there broke down and prison authorities had to battle with an epidemic of tuberculosis, some of which was multi-drug resistant and deadly. Considerable law reform was undertaken, moving the country towards a system that humanised the penal code. It was an impressive achievement by some very impressive people. I also visited Kyrgyzstan in 1993, on the second anniversary of the country’s independence, as part of a Council of Europe delegation to discuss legal and penal reform. Much progress was made there, too.
We should also remember that the death penalty is either abolished or subject to a moratorium in all five central Asian states. I declare my interest as the chair of the All-Party Group for the Abolition of the Death Penalty. There is a wide range of civil society organisations in Kazakhstan. I declare one further interest as a member of the advisory board of the Legal Policy Research Centre in Kazakhstan. Both Kazakhstan and Kyrgyzstan have signed the optional protocol to the convention against torture. These are all substantial developments towards the rule of law. When we consider the current situation in the central Asian states today, it is perhaps helpful to do so against the background of developments in the recent past. Those developments make it clear, first, that the capacity exists among the people of those nations and, secondly, that ideas of human rights and the rule of law are widespread in the region.
However, it is undeniable that progress towards democracy and the rule of law has stalled. There is no need for a lengthy exposition of those problems as the Minister will be well aware of them. For those who, like me, have found so much to admire over the years, it is a great disappointment. It was disheartening to read reports earlier this month that prisoners in Kazakhstan are once again inflicting terrible mutilations on themselves to protest against their conditions and treatment, and to hear of the way in which the very moderate and responsible human rights worker, Yevgeny Zhovtis, has been treated. As other noble Lords have said, the developments in Kyrgyzstan have been tragic and a cause of great concern.
Yesterday, there ended in Astana a meeting of the parallel OSCE civil society conference, held prior to the summit. I have a draft of the declaration from that conference from which I shall quote briefly. It states:
“We recognize the unique role of the OSCE in Central Asia, as the only multi-lateral regional intergovernmental body in this region with a mandate to protect human security and promote respect for human rights and fundamental freedoms, democracy and the rule of law. In light of this unique role, the alarming situation with respect to human rights in the region, and the fact that the 2010 Astana Summit is the first one to be held on Central Asian soil, special attention is merited for this region. A number of severe, alarming and persistent problems in human rights observance are relevant for many countries in the OSCE space but must be noted for the Central Asian region as a whole … severe human rights violations, including violations of rights of persons belonging to national minorities, have in many cases contributed to or been at the core of conflicts and instability”.
We should respond to those civil society voices.
I therefore ask the Minister what strategy the Government have in mind to confront those problems. Does he accept the view that while there is no democracy and no rule of law, stability will always be at risk, so perseverance and a long-term strategy are necessary? I ask him, in particular, how he sees the European Union’s central Asia strategy and whether he regards it as a useful way forward. If he does, what support are the Government giving to it? How does he view the role of the OSCE and its human dimension arm—the Office for Democratic Institutions and Human Rights? Is its work effective and do the Government plan to make supporting it a priority? Finally, what other policies do the Government have in mind that might be effective in supporting the central Asian countries in moving forward on human rights and the rule of law?
Council of Europe
Baroness Stern Excerpts(13 years, 6 months ago)
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Baroness Stern
My Lords, I am most grateful to the Minister for arranging this debate and for his opening remarks, which are enormously welcome. He is right that few people have the remotest idea of the work of the Council of Europe or its beneficial effects on the lives of the 800 million people in Europe. This debate gives us a rare opportunity to highlight those benefits. The work of the Council has affected not only individuals in Europe but has been substantial in strengthening the human rights framework of the whole world. I have had the privilege of many years’ involvement with the Council of Europe, although my involvement has not been as long or as deep as that of other noble Lords who have spoken today. I will concentrate on the role that the Council of Europe has played in the rule of law and human rights—a role that the Minister commended so highly. I declare two interests. I chair the All-Party Group on the Abolition of the Death Penalty and I am a trustee of the International Centre for Prison Studies.
The basis of the human rights work of the Council of Europe is the European Convention on Human Rights. There is much that is overwhelmingly positive to be said about the effect of the convention and the case law of the court on making it clear what respect for the human dignity of each individual means, and how it affects the daily practice of many who work for the state—for example, police, prosecutors, prison officials and many other public servants. Out of that framework has come a body of instruments that set out in considerable detail how people should be treated when they are subject to the coercive power of the state. These are considerable achievements and I will highlight two particular developments.
In 1989, when the Soviet Union came to an end, the Council of Europe was crucial in bringing so many new countries into the framework of democracy, the rule of law and human rights. It was a remarkable time and remarkable work was done. One of the substantial achievements was to eliminate the death penalty, either by statute or by a moratorium in every country, as the noble Lord, Lord Anderson, has mentioned. Europe, with the exception of Belarus, is now a death penalty-free zone, which is an enormous achievement.
I will say a little about the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. From now on I will refer to it as the committee for the prevention of torture, or the CPT. The Council of Europe emerged from the barbarity of the Second World War years, when torture and violent death became the fate of millions. It is clear why so many people saw it as a priority to construct a framework that prevents torture. Many years of work went into drafting the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which came into force in 1989. I was privileged to be at a meeting in Strasbourg when the draft of the document, setting out the working methods of the new convention, was being discussed with experts on torture prevention from around the world. Shortly afterwards, the text was accepted and the committee was established. It was the beginning of a new era in torture prevention. Places of detention in all member states were opened to visits from the committee, which then produced reports and recommendations for member states on action to be taken to prevent torture.
The United Kingdom played a large role in the successful implementation of this convention. From 1997 to 2009, the UK member of the committee was Dr Silvia Casale. From 2000 to 2007, she was the president of the committee. She chaired it with great distinction and during that time it developed its practice considerably. In 1998, the committee visited Russia for the first time. One should reflect for a moment on the significance of a visit in 1998, only seven years after the country came out of totalitarianism, of a group of international monitors to prisons and labour camps. These establishments had been secret; the prisoners in them were not seen as people with rights but as enemies of the state. The penalty for coming within a few metres of the perimeter wall was to be shot. Such a huge change has occurred in such a short time.
But the committee for the prevention of torture did not examine just the most recent member states; it has found something wrong with all of us. The UK Government were criticised for the way in which detainees were held in Belmarsh Prison under the Anti-terrorism, Crime and Security Act 2001. Their detention had seriously damaging effects on their mental health. The Swedish Government were criticised for the way they treated their remand prisoners and the Dutch Government for the treatment of people in their high security units. The Czech Government were criticised for allowing a vulnerable prisoner to be raped repeatedly. Today there is a report of the committee’s visit to Greece, where it found cases of detainees being punched, kicked and beaten with clubs. All these reports are published by the Government concerned and are in the public domain, as should be the case in democratic societies. From these 20 years of inspections, the committee for the prevention of torture has produced a set of standards which have shaped expectations across Europe of how detainees should be treated. Furthermore, the experience of the committee has led to the establishment of a similar body under UN auspices, the UN Subcommittee on Prevention of Torture.
I have gone into detail on this one aspect of the work of the Council of Europe to make the point that it has been tremendously effective in changing the landscape of Europe and its values, and in establishing a common European legal space, with 47 countries agreeing to and accepting, if not always implementing, the validity of certain standards for the treatment of those living within their borders. Within this framework, the Council of Europe has brought together richer and poorer states, long-term democratic states with more recent ones, countries which see themselves as mainly Christian with those which see themselves as predominantly Muslim, and a variety of legal systems. As the Minister said, this has led to a stronger, more stable and more peaceful continent.
I end by raising a point about the future of the Council of Europe. This year is the 60th anniversary of the European Convention on Human Rights. Obviously, times have moved on. The immensely challenging task of bringing into membership the countries that were formerly behind the Berlin Wall has been completed but Europe now faces other huge challenges, particularly intolerance, racism and the rise of political parties espousing such views. Who would have imagined, for example, a Government in the Netherlands ruling with the parliamentary support of the Freedom Party led by an MP who has called Islam a fascist religion and appeared in court last month accused of inciting hatred and discrimination against Muslims? The economic conditions in many member states are also worrying and can feed resentment of people from cultures other than the majority. In the Council of Europe the new secretary-general has launched a reform programme to ensure that the council remains relevant and cost-effective, and has particularly mentioned the rise of racism and discrimination in Europe as a new danger. While welcoming the Minister’s preview of the priorities for when the UK takes over in a year’s time, I ask him whether the Government will support the new secretary-general in his reform efforts and in his highlighting of the dangers of an increase in racist attitudes and racist politics in Europe.
Tajikistan
Baroness Stern Excerpts(13 years, 6 months ago)
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Lord Howell of Guildford
Although the Question is not about Kyrgyzstan, which is to the north of Tajikistan, the noble Lord is certainly right that the regional issues all impinge on one another. We are still concerned about the terrible violence that went on in Kyrgyzstan back in the summer and we very much hope that the political process can now be reinforced and that a coalition can be built to bring stability to the area. I do not have at my fingertips exactly where BBC World Service activities stand, but the message of independent news delivery, ideally in acceptable languages, is very important. It is an area that concerns us and we hope that the horrible violence of the recent past will not be repeated.
Baroness Stern
My Lords, is the Minister aware that there has been a moratorium on the death penalty in Tajikistan since 2004? If he is, I am sure that he agrees with me that it is most welcome. Are the Government ready to give support to Tajikistan if requested in taking further these reforms, particularly in relation to reform of the court system and judicial training?
Lord Howell of Guildford
I must say frankly to the noble Baroness that I was not aware of the date of the moratorium on the death penalty, but I greatly welcome it. Indeed, the Foreign and Commonwealth Office and some of my fellow Ministers have been active in carrying this message of, one hopes, the almost universal end of the death penalty to as many areas as possible. It is certainly something that we as a civilised nation believe in and we hope that that message can be spread. As to judicial training and other forms of training and technical assistance, there is a programme of help in that direction. We intend to do more, but there are limits to our resources and we must spread them as effectively as we can. These are valuable additions and we want to develop all kinds of assistance in the best way that we can.
International Criminal Court
Baroness Stern Excerpts(13 years, 10 months ago)
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Baroness Stern
To ask Her Majesty’s Government what is their response to the outcome of the Review Conference on the Rome Statute of the International Criminal Court held in Kampala, Uganda, from 31 May to 11 June.
The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)
My Lords, our response is positive. The ICC review conference in Kampala was a major milestone in the international community’s fight to combat impunity for the most serious crimes of international concern. The stocktaking of international criminal justice will help shape the future development of the court. The UK will now consider whether to ratify the amendment on the use of certain weaponry in a non-international armed conflict. The conference agreed a package, including the definition of the crime of aggression and the conditions for exercise of jurisdiction, to be put forward for discussion and possible adoption in 2017.
Baroness Stern
I thank the Minister for that reply. Is he aware—I am sure he is—of the considerable gratitude from across the world to the United Kingdom for the support which successive Governments have given to the ICC, as I learnt when I represented your Lordships’ House at an international meeting of parliamentarians for the ICC? Perhaps I may ask him a specific question about sexual violence, which is such a major and horrible aspect of war crimes and crimes against humanity. The Government pledged to the review conference to do more for victims, particularly victims of sexual violence. Can he tell us what the Government plan to do specifically to help victims of this deeply appalling crime?
Lord Howell of Guildford
I thank the noble Baroness for her comments, which of course apply equally to the previous and the present Government of the United Kingdom. The conference at Kampala adopted a resolution on the victims issue which recognised the rights of victims to have access to justice and to participate in judicial proceedings. That applied to victims generally. For our part, the United Kingdom is committed to tackling the problem of violence against women. We will continue to promote programmes in support of this agenda, including measures that will address the special needs of women and children in areas of conflict.