Burma: Policing of Demonstrations
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Baroness Kinnock of Holyhead
To ask Her Majesty’s Government what assessment they have made of the recent actions by police in Burma in response to student demonstrations in Letpadan.
The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)
My Lords, we are deeply concerned by the use of force by police in Letpadan on 10 March, and by the use of irregular security groups in Rangoon on 5 March. These incidents undermined an otherwise disciplined approach to policing student protests and demonstrate the need for further policing reform. We support the EU’s call for a full investigation and call on the Government of Burma to release all the remaining demonstrators.
Baroness Kinnock of Holyhead (Lab)
I thank the Minister for her reply and ask her whether, in the light of the violent attacks and arrests of students in Burma last week—and, I have to say, other abuses of human rights in that country—we can now anticipate that the British Government will thoroughly review the support and assistance they currently provide to the Government in Burma. Otherwise, how can we be sure that the UK financial and technical assistance is not now actually supporting the institutions of an authoritarian regime that has made no real progress towards the civilised objectives that the people of Burma and the international community were promised?
Baroness Anelay of St Johns
My Lords, we continue, of course, to review how our work is undertaken with the Government of Burma. The noble Baroness will be aware that our contribution with regard to police training was via the EU instrument of a stability-funded project in support of police reform, following a request from not only the Burmese Government but Aung San Suu Kyi. That contribution remains under review. However, it is important to mark the fact that the Government of Burma have made progress, although they have a long way to go. We are always happy to discuss these matters with noble Lords and MPs. We have offered such meetings across both Houses to individuals with an interest in these matters and have had quite a lot of uptake. I understand that at the moment the noble Baroness, Lady Kinnock, has not accepted the invitation to meet our most senior official on this matter. I warmly offer that invitation again, and hope that she may accept it.
Baroness Cox (CB)
My Lords, is the Minister aware that I recently visited remote hill tribe areas in Chin state, where I am pleased to report that local people appreciate some significant reforms, including improvements in relationships with the army and police, cessation of forced labour, and investment in infrastructure? However, we of course remain deeply concerned by the Burmese Government’s violations of human rights and military offensives against the Rohingya, Shan and Kachin peoples. How are Her Majesty’s Government achieving an effective balance in encouraging genuine reforms by the Burmese Government, while applying appropriate pressure to end gross violations of human rights in other areas?
Baroness Anelay of St Johns
My Lords, I pay tribute to the work of the noble Baroness, Lady Cox, and her courage over so many years in the work that she has done in Burma. It is a balance, whereby one needs, as she said in her report, to recognise progress but to be ever cautious about the huge amount of work yet to be done. I read her report with interest. The stories of the community health workers were very touching indeed.
The Burmese Government have released political prisoners, discharged child soldiers—not all of them—ratified the Biological Weapons Convention and endorsed the declaration to end sexual violence in conflict, but we have seen an increase in the number of political prisoners, conflict in Kachin and in Shan, arrests of journalists and continued discrimination in Rakhine state. I shall be discussing these immediately after Questions with the United Nations special rapporteur, Yanghee Lee.
Baroness Falkner of Margravine (LD)
My Lords, as recently as November when I met Daw Aung San Suu Kyi, her main point for the West was that we must not become complacent that the constitutional reform process is sufficient. With elections coming up in November, she is extremely concerned that there is a regression on the part of the military. That is what we have seen, in terms of the Question asked by the noble Baroness, Lady Kinnock. Could the Minister tell the House what meetings the Government are having with the military Government to press them to bring about constitutional reform—it was meant to be announced but has not been yet—so that they can embed that before the election period begins?
Baroness Anelay of St Johns
My Lords, my right honourable friend Hugo Swire visited Burma last year. He has met representatives of the Burmese Government and discussed the range of progress that the Burmese Government need to make. As my noble friend said, the elections this year are critical for Burma. It is the first time that Burma has had the opportunity to have democratic elections and make real progress. It must not let that slip.
Lord McConnell of Glenscorrodale (Lab)
My Lords, the long-term solutions to the conflicts between the central authorities in Myanmar and the ethnic armed groups active in many parts of the country will undoubtedly be assisted if the work of ASEAN—the Association of Southeast Asian Nations—to become more involved in peace and security across the region is supported by the international community. Will that work by ASEAN and those sorts of regional initiatives be a priority for the new stabilisation fund that comes into place in April?
Baroness Anelay of St Johns
The noble Lord makes an important point. I will look very carefully to see what kind of stress has been put on that. I would like to consider that and see whether it has been properly reflected.
Baroness Berridge (Con)
My Lords, although the Rohingya Muslims remain one of the most persecuted people on the face of the planet—I declare an interest as chair of the All-Party Group on International Freedom of Religion or Belief—they had a vote in the first national elections. At that point in time, temporary ID cards were sufficient to give you a vote. In fact, they elected Mr Shwe Maung, who I think is the only Rohingya Muslim member of the Parliament there. Could my noble friend the Minister outline what representations Her Majesty’s Government have made to the President of Burma following his executive order on 11 February this year, which basically invalidates those temporary ID cards and will deprive the Rohingya Muslims of their vote in November’s elections?
Baroness Anelay of St Johns
My Lords, representations have been made with regard not only to that but to the method by which information is collected in that state about one’s ethnicity. As I understand it, one is forced to put down that one is Bengali, rather than one’s real ethnicity. These are matters that must continue to be discussed.
Syria
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The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)
My Lords, the United States Government have been clear that their position has not changed. United Kingdom Ministers have said repeatedly that Assad has lost legitimacy, is part of the problem in tackling ISIL and cannot play a part in Syria’s future. Our aim remains a political settlement that will involve negotiation between the Syrian parties at the right moment.
Lord Green of Deddington (CB)
My Lords, I declare an interest as a former co-chairman of the British Syrian Society. I thank the Minister for her response. Does she recognise that if the Alawite regime were to collapse, terrible though it is, that would lead to the most appalling revenge killings and almost total anarchy? Who would emerge on top? It would probably be the most ruthless and most organised group—ISIL. In the light of Mr Kerry’s remarks—I realise that Washington is rowing back from them—is this not the beginning of an opportunity to review our policy on this tragic situation?
Baroness Anelay of St Johns
My Lords, we should remember that President Assad as, also, commander-in-chief of the Syrian forces, presided over the deaths of 200,000 of his own people. He has barrel-bombed them and used chemical weapons. Indeed, a recent report of 16 March suggests they have been used in Idlib. Assad is not the person with whom to negotiate for the solution. We are in negotiation with moderates. I agree with the noble Lord, Lord Green, that it is important that negotiations achieve a peaceful transition in line with the Geneva communiqué. It is that work in which we are engaged.
Lord Anderson of Swansea (Lab)
My Lords, however distasteful, should we not recognise that if a long-term solution is to be found to this tragic conflict, we will have to engage with President Assad in some way? In spite of the barrel bombs, the torture and the enormous loss of life, and with all his faults, Assad is marginally less bad than ISIL.
Baroness Anelay of St Johns
My Lords, I would not like to say that he is a lesser of two evils. He has shown that he is evil in himself. I will not try to calculate percentages of evil—that would be an affront to those whom he has been responsible for killing in Syria. However, the noble Lord has made a very strong point. With whom does one negotiate? I am aware when I go to the Human Rights Council in Geneva that Assad’s people are there. They are part of the furniture. They are part of those who negotiate on whether a human rights Motion on Syria is passed there and at the United Nations. Negotiation with Assad himself is not part of our proposals.
Baroness Falkner of Margravine (LD)
My Lords, my noble friend will be aware of the United Nations report from last week: 210,000 dead, 840,000 injured, one-third of the country displaced and life expectancy down by 20%. Given that, is it not time to say to the Syrian opposition—who my noble friend mentioned she is in negotiation with—that they need to consider an end to this war? It is in its fifth year. The opposition did not attend the Moscow conference. Is it not time to hear the proposals not of Assad but of people who may be able to deliver a transitional government in which the Alawites are in some sense represented, if not by President Assad?
Baroness Anelay of St Johns
My Lords, my noble friend has a strong point. It is important that all those who are the moderate opposition engage in negotiations for a transition—a transition which cannot see Assad remaining in power. There have certainly been negotiations in Russia which were not attended by some of the opposition. It is important that Russia is able to continue to do responsible work in trying to bring people together. We will continue to talk to the national coalition, the umbrella organisation that represents the aspirations of many Syrians for a more democratic Government who are free from the tyranny of Assad.
Lord West of Spithead (Lab)
My Lords, Stalin killed 5 million of his population, and yet we worked with him to defeat Hitler. Does not the Minister agree that ISIL, Daesh, or whatever we want to call it, is a far greater threat to stability in the region—and, indeed, to our country—than the Assad regime? Militarily, there is a lot to be said for working with him and then to look at dismantling the Assad regime after we have defeated the wolf closest to our sledge.
Baroness Anelay of St Johns
My Lords, would that Assad would join in slaying the wolf on his doorstep—indeed, within his house. As the Prime Minister has made clear, he is a recruiting agent for ISIL. He is the one who is barrel-bombing the moderates, while ISIL is allowed to flourish within Syria in Raqqa. That is no way for him to proceed.
Lord Tebbit (Con)
My Lords, does my noble friend recollect that the Blair Government gave their great strength to the demolition of the regime in Iraq and the overthrow there. Now, this Government seem to be intent on overthrowing Assad, following the success of overthrowing the regime in Libya. Who has benefited in Libya or in Iraq from the overthrow of those rather unpleasant Governments and their replacement by something infinitely worse?
Baroness Anelay of St Johns
My Lords, it is important for all Governments, of whatever party they may be, to try to work for peace across the most troubled areas. Where there is good intent, there is not always an immediate good outcome. There is good intent now, we have agreement across the parties that we should proceed to seek peace, and that is what we shall do.
Lord Hannay of Chiswick (CB)
My Lords, the Minister has already referred to the reports of barrel bombs being dropped recently. Will she confirm that, although it is not illegal under the Chemical Weapons Convention to possess chlorine, it is illegal and a breach of that convention to drop barrel bombs containing chlorine? What are the Government doing to lodge an inquiry under the Chemical Weapons Convention organisation against the Syrian Government?
Baroness Anelay of St Johns
My Lords, it will not surprise the House to learn that the noble Lord is right on the first point; he previously asked a question on this matter. With regard to his second point, I can say that on 6 March, the United Nations Security Council adopted Resolution 2209, which the UK co-sponsored. That Chapter 7 resolution condemns the continued use of chemical weapons and states that all those carrying out such attacks must be held to account. It is a matter of ensuring that there is no impunity in these matters.
Dresden Bombing: 70th Anniversary
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The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)
My Lords, in congratulating the right reverend Prelate the Bishop of Coventry on securing this debate and thanking all noble Lords for their thoughtful contributions, I take the opportunity to commend the work of the Dresden Trust, of which the right reverend Prelate is an active member, as is my noble friend Lord Dykes. I also pay tribute to the work of the trust’s royal patron, His Royal Highness, the Duke of Kent, whose own significant contribution has done so much to foster reconciliation between the United Kingdom and Germany.
Today’s debate falls, of course, amid a series of important anniversaries as we approach the 70th anniversary of the conclusion of hostilities in the Second World War, marking the end of a devastating chapter of European history. I share the moving and thoughtful comments of the noble Lord, Lord Bach, calling on us all to note recent events in European history, and stressing that Europe must never again descend into war.
From the moment the war ended, a new path opened: a path towards reconciliation, not conflict; friendship, not enmity; and shared values, not bitter division. This path to reconciliation led to the twinning of Dresden and Coventry in 1959. Britain and Germany are now close allies, of course, with a relationship that has never been better. The upcoming state visit of Her Majesty the Queen to Germany in June is a powerful symbol of the value we place on that relationship.
These anniversaries take on even greater significance when we consider that they may be our final opportunities to remember our past with those who witnessed the events at the time. In that spirit, I was grateful to hear from my noble friend Lady Sharples about her contemporary memories and her support for reconciliation.
As noble Lords have outlined so movingly, aerial bombardment of British and German cities during the Second World War caused destruction and loss of life on an immense scale. Cities from Leipzig to London and Hamburg to Bristol suffered terrible damage, but it is the magnitude of the devastation to Coventry and Dresden that gives our remembrance particular resonance. My noble friends Lord Lexden and Lord Shipley reminded us of the historical context in which the devastation of Coventry and Dresden took place. My noble friends Lord Dykes and Lord Shipley reminded us eloquently of the rationale behind and the need for remembrance.
It is difficult for those who have grown up in a Europe of peace and prosperity to comprehend the scale of the suffering or the legacy it left. Nevertheless, we have a solemn duty to pass our remembrance and our reflection on to the younger generation to ensure that these terrible events are neither forgotten nor repeated. It is right that we show our recognition of all those who survived such horrific nights in cities such as Dresden and Coventry as a consequence of the struggle to rid Europe of the forces of National Socialism.
The right reverend Prelate asked whether the Government might consider their approach to the 10th anniversary of the reconsecration of the Frauenkirche, which takes place in October this year. We have not taken any decision on this matter but I will certainly take his remarks into consideration when we do so.
My noble friend Lord Lexden referred in particular to the role of British airmen. It is important that we all recognise the contribution of the young men of Bomber Command, more than 55,000 of whom died, and the heroic sacrifice they made to liberate Germany and Europe from the Nazi regime.
It is also right that such an important anniversary should be marked by the United Kingdom in an appropriate way. That is why, at the invitation of Mayor Orosz of Dresden, His Royal Highness the Duke of Kent joined others, including the federal President of Germany, Joachim Gauck, in the Frauenkirche on 13 February to commemorate this sombre event in the city’s history. As a member of the Dresden Trust, His Royal Highness is a much respected figure in Dresden for the tireless work he has undertaken in support of reconciliation over the past 20 years. Like the right reverend Prelate the Bishop of Coventry, I recognise the resolve of Mayor Orosz and her colleagues to lead the commemoration in ways that served the purposes of peace and reconciliation.
I am also particularly grateful to the most reverend Primate the Archbishop of Canterbury for his participation in the service of remembrance, as well as to the members of the Dresden Trust, not least the right reverend Prelate the Bishop of Coventry, for providing such an appropriately strong presence from the United Kingdom at the commemoration in Dresden. Through the presence of His Royal Highness, the most reverend Primate and Her Majesty’s ambassador to Berlin, the UK played a prominent role in the commemoration—one that was greatly welcomed and appreciated by our German hosts.
The relationships we have formed with our former adversaries enable us to join together and remember all the victims of war while commemorating specific events. This was underlined by President Gauck on 13 February when he said that,
“we will never forget the victims of German warfare, even as we remember here and now the German victims”.
In answer to the right reverend Prelate, we agree with President Gauck’s principles of good remembrance. I recall that, having had the opportunity to hear him at an earlier occasion when I visited Dresden and the Frauenkirche—and, separately, Coventry—those were the very thoughts that underpinned my own reflections.
It is right that former adversaries and their descendants continue to work with each other to remember the suffering caused by war and to learn from the past. We will see the same spirit of remembrance and reconciliation as we approach the commemorations of VE Day and VJ Day later this year. I return to the words of the noble Lord, Lord Bach: we must never again let ourselves descend into war against our colleagues across western Europe. It is in that spirit that I hope we will inspire all those alive today and in the future to work to end conflict around the world. This House takes its duties very seriously. In its debates in recent months when it has observed some of the disturbing events in countries close to Russia, I know that this House has reflected carefully on what war really means and what we need to do to avoid it, and then to remember what it causes.
Cyprus: Russian Military Base
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Lord Sharkey
To ask Her Majesty’s Government what discussions they have had with the Governments of the Republic of Cyprus and other European Union member states about the proposal to establish a Russian military base on Cyprus.
The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)
My Lords, we have been and remain in regular discussion with the Republic of Cyprus about security and defence matters, and have been briefed on the agreement signed in Moscow. The Cypriot Government have assured us that these agreements represent a continuation of existing arrangements. We continually stress to our EU partners the need for EU unity in the face of Russian aggression in Ukraine.
Lord Sharkey (LD)
The fact is that, in return for debt relief, Cyprus has formalised an agreement to let Russian warships use its ports. There is also talk of use of an airbase at Paphos, which is 40 miles from our base at Akrotiri. President Putin has said that this deal should not cause any worries anywhere. Does the Minister agree with President Putin or does she agree with the United States State Department’s comment on the Cyprus deal that now is not the time to be doing business as normal with Russia?
Baroness Anelay of St Johns
My Lords, I have made it clear in this House before that it cannot be business as usual with Russia while it maintains its position over Ukraine, where it has illegally annexed the Crimea and intervened in another state’s sovereign lands. My noble friend refers to a situation in the Republic of Cyprus that I do not recognise. When speaking to Russian media, President Anastasiades explicitly ruled out the use of Limassol port for military purposes. Foreign Minister Kasoulides also said to the press, after the February EU Foreign Affairs Committee meeting in Brussels, that there was no question of Russian air or naval military bases on the soil of Cyprus. It is a continuation of existing agreements.
Lord Anderson of Swansea (Lab)
In the light of this decision, the visit of President Anastasiades to Moscow, the policies of the new Greek Government and the policy of the Government of Hungary, are the Government concerned about the consensus on Ukraine among the EU countries that remain?
Baroness Anelay of St Johns
My Lords, it is important that the EU maintains the consensus that it has heretofore. We have, as the European Union, shown remarkable unity throughout the crisis in standing up to Russian aggression and protecting the EU’s interests. For example, the UK has supported NATO allies, demonstrating our commitment at last September’s summit by agreeing to the readiness action plan to enhance NATO’s response to a wide range of threats. There will be an opportunity very soon, at the European Council, for the EU to show the maintenance of its unity over sanctions.
Lord Maginnis of Drumglass (Ind UU)
My Lords, is it not a fact that Mr Cameron made an arbitrary decision when President Anastasiades visited the United Kingdom in January 2014 that the Greek Cypriots would have the right of development within our sovereign base areas? The MoD and the FCO appear not to have been involved in any strategic input. Is that not so, and when are the Government likely to retreat from their current pseudo-presidential tendencies back to proper corporate government?
Baroness Anelay of St Johns
My Lords, the visit of President Anastasiades to London in January 2014 and the arrangement on non-military development reaffirmed the strong bonds of friendship and partnership which exist between Cyprus and the UK across many areas, notably defence, security, EU reform and foreign policy co-operation. Non-military development is a further measure of the normalisation of administrative planning laws and shows that the United Kingdom and Cyprus are serious about working together on our shared interests.
Baroness Ludford (LD)
The Minister rightly talks about the need to maintain EU solidarity on sanctions against Russia, but this solidarity is threatened by at least a quartet of EU leaders from Hungary, Greece, Cyprus and, indeed, Italy. What efforts is the UK making to maintain and forge, if necessary, renewed solidarity? Can she refute press allegations that the UK is being reticent about further financial sanctions because of lobbying by the City of London?
Baroness Anelay of St Johns
My Lords, the United Kingdom has led the way in negotiating sanctions against Russia for its illegal activity. We continue to do so; we are not deflected from that course. My right honourable friend the Foreign Secretary has made it clear that he would like an early rollover of sanctions on 20 March. We are doing our best to negotiate with all our colleagues to maintain the resolve of unity within the EU on these matters.
Lord Hannay of Chiswick (CB)
Does the Minister agree that it might be useful to say to the Government of Cyprus that President Putin’s policy in the south-east of Ukraine bears a striking resemblance to the creation of the TRNC—which, I believe, is not supported by the Russian Government?
Baroness Anelay of St Johns
As ever, the noble Lord, Lord Hannay, with his long experience of diplomacy, knows where to hit the spot.
Lord Bach (Lab)
My Lords, the question asked by the noble Baroness, Lady Ludford, about what efforts Her Majesty’s Government are making to ensure that as far as possible our EU partners are speaking with one voice in relation to events in Ukraine, deserves an answer from the Minister. I know she will give one. Perhaps I may also ask about our NATO allies. What efforts are we making to ensure that NATO allies are speaking with one voice on these difficult matters?
Baroness Anelay of St Johns
My Lords, we are clearly straying somewhat from the main thrust of the Question with regard to the Republic of Cyprus, but it is an important matter. I have already said that we shall be leading the way in stating that it is important to roll over the tier 3 sanctions on 20 March. That is the case, and negotiations have been going ahead, clearly, across a range of our allies, and with regard to all those who have an interest in maintaining sanctions on Russia. I am perfectly well aware of the ability of President Putin to try to destabilise what appears to be the most unified of groups. I referred to the fact that he is very adept at using smoke and mirrors. It is time that we made it clear that we do not use those tactics; we are straight talking.
European Union (Definition of Treaties) (Association Agreement) (Georgia) Order 2015
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Baroness Anelay of St Johns
That the draft orders laid before the House on 13 January be approved.
Relevant document: 20th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 26 February.
European Union (Definition of Treaties) (Association Agreement) (Georgia) Order 2015
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Baroness Anelay of St Johns
That the Grand Committee do consider the European Union (Definition of Treaties) (Association Agreement) (Georgia) Order 2015.
Relevant document: 20th Report from the Joint Committee on Statutory Instruments
The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)
My Lords, I shall also speak to the EU definition of treaties association agreement orders for Moldova and Ukraine.
Today we are considering three draft orders that relate to association agreements between the European Union, the European Atomic Energy Community and their member states, and three countries: namely, Georgia, the Republic of Moldova and Ukraine. The purpose of these draft orders is to declare the agreements to be EU treaties, as defined under Section 1(3) of the European Communities Act 1972. The draft orders we debate today are a necessary step towards UK ratification of these agreements.
Georgia, Moldova and Ukraine have all chosen to pursue closer ties with the European Union. These countries have decided of their own free will to sign association agreements in order to support their own reform programmes and to seek closer political association and economic integration with the European Union. We fully support the sovereign choices of Georgia, Moldova and Ukraine and strongly believe that no third country should have a veto over their decisions.
These association agreements, with their deep and comprehensive free trade areas, are wide ranging. They provide strong mechanisms through which to deliver security, democracy and prosperity. They commit Georgia, Moldova and Ukraine to deep and meaningful reforms, to align more closely their legislation to EU norms, focusing on support to core reforms, including economic recovery and growth, good governance, improved respect for rule of law, and human rights. They will allow for the closer integration of Georgia, Moldova and Ukraine with the EU and will promote increased prosperity and stability in the European neighbourhood. That is not only in the interests of those three countries, but is clearly in the interest of the EU, including the United Kingdom.
The ratification of these three agreements is not an end in itself. They form part of a process to drive forward continuous reform in all three countries. The European Commission will prepare annual progress reports to reflect each country’s strengths and highlight areas for improvement. The scope and nature of the agreements are similar. That is why we are considering the draft orders together today. However, we should bear in mind that each country faces different pressures and has its own distinct priorities for its relationship with the EU.
The first order before us today, which I formally moved, relates to Georgia. Georgia has watched closely as events have unfolded in Ukraine. Both the Georgian Government and public have drawn parallels with the 2008 conflict with Russia. The Georgian Government are extremely concerned about the situation in Ukraine and its implications for their country, and have lobbied EU member states actively to ratify Georgia’s association agreement.
We remain clear, however, about the importance of Georgia continuing with reforms and fulfilling its commitments for signature of its agreement. Strengthened respect for democracy, human rights and the rule of law are part of the process of moving closer to the EU. While not without setbacks, Georgia’s progress in the areas of democratisation and economic reform over the last 10 years has been impressive. The agreement will further help to encourage Georgia to drive forward with genuine commitment and energy the reforms necessary for the country’s long-term security and prosperity.
The European path has widespread support across Georgian society and the country’s main political parties. Since Georgia’s parliamentary and presidential elections in 2012 and 2013, which witnessed the first peaceful transfer of power in Georgia—a rarity in the former Soviet space—the Georgian coalition Government have remained committed to and have continued on the pro-EU trajectory set by the previous Government.
The wider south Caucasus region is of strategic importance to the UK and the EU. Continued stability in this region is also essential for the UK’s prosperity and energy security goals. It is therefore strongly in our interests that Georgia continues along its EU path. Since the brief Russia-Georgia war in 2008, the EU has played an important role in conflict resolution through the EU special representative for the south Caucasus and EU monitoring mission that provides an effective monitoring presence along the administrative boundary lines between Georgia and its breakaway regions. Closer political association and greater economic integration into the EU is the most effective way to promote reform and modernisation in Georgia, as well as contributing to conflict resolution.
I turn to the order relating to Moldova. Moldova’s parliamentary elections of 30 November 2014 illustrate Moldova’s continued commitment to democracy. A new coalition Government were appointed by the Moldovan Parliament on 18 February. We hope that they will govern in an inclusive and accountable manner and make early progress with the implementation of Moldova’s association agreement. It will be important to maintain, even speed up, the progress that Moldova has made since 2009 in administrative reform, independence of the judiciary, combating discrimination, and ensuring that democratic processes and respect for human rights are more deeply embedded in Moldovan society and more able to resist pressure from destabilising outside forces.
The protracted conflict in Transnistria remains unresolved, largely because of the malign role of Russia. Despite attempts by the European institutions, EU member states and the Government of Moldova, the de facto authorities in Tiraspol refused to engage meaningfully in negotiations over the association agreement. Nevertheless, an increasing share—now more than half—of Transnistrian exports go to the EU. Many businesses in the Transnistria breakaway region have a strong interest in positive relations with Chisinau and the EU, and could provide a positive influence for change.
Before I progress to the order which relates to Ukraine, it may be for the convenience of the Committee if I update it on the latest situation there, before saying more about the Ukraine association agreement. This is not a debate about the situation in Ukraine, but I appreciate that this is a moving picture, and Ministers have a duty to inform the House.
As the Committee will know, an agreement on a ceasefire was reached in Minsk on 12 February. It includes provisions embodied in an original ceasefire agreement also agreed in Minsk in September 2014. These measures include the withdrawal of heavy weapons to agreed distances from the line of contact, and the withdrawal of all foreign armed formations, military equipment and mercenaries from the territory of Ukraine. The 12 February agreement also envisages fresh elections under Ukrainian law in the breakaway, separatist-held areas and for constitutional reform to bring a more decentralised system of government in Ukraine.
The Minsk agreements were endorsed by UN Security Council Resolution 2202 on 17 February. This underlines the need for all signatory parties to implement their obligations. This resolution will allow the Security Council to monitor that closely.
There must be a particular focus on ensuring that Russia and the separatists honour their commitments. In the weeks that preceded the Minsk agreement of 12 February, Russia stepped up military support to the separatists. It transferred heavy weaponry and maintains hundreds of regular soldiers, including special forces, in Ukraine. Even after the ceasefire came into effect on 15 February, separatist and Russian forces continued to mount attacks on Ukrainian positions, including in the town of Debaltseve, an important road and rail hub, which finally fell on 18 February.
The consequences of Russia’s actions in Ukraine have been devastating. Since fighting started, we have seen more than 5,000 dead, tens of thousands injured and more than 1.5 million people forced to take refuge elsewhere. It is Russia, through its support for the separatists, which is responsible for this and Russia which must be held to account. As the Prime Minister made clear at the European Council on 12 February, Europe must send a clear message to President Putin that until Russia changes its behaviour, sanctions will remain in place. Russia must recognise that Ukraine’s independence and territorial integrity should be respected and that Ukraine should be allowed to make its own sovereign decisions. The association agreement is just such a sovereign decision.
For Ukraine, the association agreement represents a very clear public commitment, by both the EU and Ukraine, to a deep relationship and close co-operation and to the continuation of much needed deep-rooted reforms. Although the provisional application of the deep and comprehensive free trade area has been postponed to 1 January 2016, the provisional application of important areas such as the rule of law and the fight against crime and corruption came into force on 1 November 2014.
The proposal to delay, at the request of President Poroshenko, the provisional application of the deep and comprehensive free trade area of the association agreement until 1 January 2016 was done in the spirit of peacebuilding, giving Ukraine and Russia time to discuss their economic relationship. The proposal offered a pragmatic solution to address Russia’s stated concerns about the deep and comprehensive free trade area, while leaving the text unchanged. In the mean time, the EU will continue the application of autonomous trade measures for the benefit of Ukraine until the end of 2015, granting Ukrainian exporters continued preferential access to EU markets without waiting for the trade provisions under the association agreement to enter into force.
These association agreements will be supported by continuing financial and technical support from the European Union on strengthening the rule of law, advancing judicial reforms, fighting corruption, ensuring respect for fundamental rights and freedoms, and strengthening democratic institutions. The EU provides funding to Ukraine, Georgia and Moldova under the European Neighbourhood Instrument. The Commission currently plans to allocate at the minimum €2.1 billion and, depending on the pace of reform, could allocate up to €2.6 billion to support Georgia, Moldova and Ukraine between 2014 and 2020. This is a significant increase on the previous period for all three countries.
In conclusion, we firmly believe that the implementation of the association agreements will bring mutual benefits to Georgia, Moldova and Ukraine, and to the EU. We should all be clear, however, that this will not happen overnight. It is a complex region—we have all noticed that and debated it. There are no easy solutions to the crisis in Ukraine. Georgia and Moldova both have protracted conflicts and disputed territories within their borders. The association agreements have the potential to have a positive impact in the region and on these conflicts as Georgia, Moldova and Ukraine become more economically successful and politically stable. But we, along with the EU and other partners, will need to stay closely involved to ensure that these agreements fulfil that potential and bring maximum benefits to the region, which is in all our interests. I commend the draft orders to the Committee and I beg to move.
Baroness Anelay of St Johns
My Lords, I am grateful for the support that all noble Lords have given to this order and, I hope, by implication to the other two orders that have been debated with it. In particular, I echo the words of the noble Lord, Lord Bach, about the demonstration of experience and expertise by Peers, whether they be members of the Council of Europe or have served as Members of the European Parliament, or indeed have been long-term Members of this House and have participated in our Select Committee work. It is important that this House is able to demonstrate that sort of expertise.
It is important that we heard from the Opposition their strong support for this process whereby sovereign countries are able to make their own decisions about where their future may lie, and to do so in a constructive way. All those three countries need to pursue these objectives in a constructive manner. I agree with every single word uttered by the noble Lord, Lord Bach, today, and I will address the two questions that he posed.
The people of Georgia, Moldova and Ukraine have made a clear choice for a future closely aligned with the EU. I will tackle head-on the questions that were put about whether or not the EU botched, as my noble friend Lord Balfe put it—rather inelegantly, perhaps—the negotiations over the association agreement with Ukraine. It is not the EU that has caused this crisis. As the noble Lord, Lord Bach, pointed out, negotiations with Ukraine started as long ago as 2007 and Yanukovych was certainly part of them, with support from the Ukraine Government of which he was the head. It was really only when at the beginning of last year Russia woke up to the fact that the implications of this might be something that it did not like—as other noble Lords have pointed out, Russia appears to have the view that it still has the right to control countries that are in fact sovereign but which perhaps used to be within its remit—that Yanukovych seemed to take a different point of view and we entered into the period of Euromaidan and the demonstrations by the people of Ukraine, who said, “We want this association agreement. We want a closer association with the EU. That is where our future lies, and you as the leader of our Government should take notice of us”. It was his failure to take notice of the will of the people, of an elected Government, that meant that he fled the country and has not yet returned. Whether he seeks to return is a matter for him. I am not too sure quite what the Kiev Government would think of that but that is his decision.
Therefore, I am clear that Ukraine has taken a decision that is right for a sovereign Government to take and that the EU has taken a measured course. Indeed, in opening I made it clear that President Poroshenko has asked us to delay the implementation of the deep and comprehensive free trade areas specifically, so that negotiations can continue and so that Russia can become more accustomed to what the implications might be for it—to try to allay suspicions. Overall, with regard to Georgia and Moldova, I will say also that the ambition with their agreements is the same as that for Ukraine. They are aiming to deepen their political and economic relations with the EU and to integrate them gradually into the largest single market in the world.
Several noble Lords raised the question of integration with the EU: how, when, should they, or should they not? It is quite right, as my noble friend Lord Balfe said, that there was at one time a particularly large expansion in the number of accession countries to the EU. According to the EU treaties, any European state which respects the EU’s values and is committed to promoting them may apply to become a member of the Union—that is a matter of fact in the treaties. However, I say now, as I have said in the past, that the UK Government support the Eastern Partnership countries—at the moment, Armenia, Azerbaijan, Belarus, Georgia, Moldova, Ukraine; we just referred to the association agreements with the latter three—as possible EU countries in the future. The stress is on “the future”, because, as other noble Lords have pointed out, it is important that those three countries meet the necessary criteria. Other noble Lords here have painted a picture of life in those countries that shows that they have a long way to go before they have an independent judiciary, human rights, and a way of tackling corruption, which they need before they can come into the category of accession countries. I am aware that there is no current consensus on the potential candidacy of those countries among the member states. However, it is right that those countries should be able to look at the European treaties and consider that they can work towards that. It is up to them whether they reach the standards, and up to the current members as to whether they will then welcome them into the EU.
The association agreements we have considered today are of course not ends in themselves—that is something that my noble friend Lady Ludford referred to and which I will come to in a moment. Much work needs to be done on domestic reforms across all three countries, and the EU is providing assistance on strengthening the rule of law, advancing judicial reforms, fighting corruption, ensuring respect for fundamental rights and freedoms, and strengthening democratic institutions. I can assure the noble Lord, Lord Bach, that we play a prominent role in that and will continue to do so. In opening I gave some information about the amount of money—significant sums of euros—that will be going to those countries to assist them in the future. We will have a role, certainly, in giving advice on the humanitarian issues through DfID. I will certainly contribute my views on human rights to many; for example, at the meeting of the Human Rights Council in Geneva next week. We will all as Ministers and officials play an important part in ensuring that those three countries are aware of and can work towards the standards they need to achieve if they are properly to implement the association agreements and ultimately work towards membership of the European Union if that is what their Governments continue to wish to do.
Therefore, all that will take time and money—I refer to questions from noble Lords and my noble friends with regard to that. One of the main points was put very clearly: that we must be sure that we have complementarity between the work of the European Union and that of the Council of Europe. My noble friend, whom I reappointed to the Council of Europe, is sitting here. One of the things that must impress us all is that when the delegations go to the Council of Europe, it is the Members of this House who keep it going, do the work and the chairing and who are the rapporteurs. I am certainly very proud of that.
I assure my noble friends Lord Balfe, Lady Ludford and Lord Dundee that there is a complementarity and not a crossover. As my noble friend Lady Ludford said, it is not a competition. It is important that there is no double-handling, as my noble friend Lord Dundee said, and that we do not want to reinvent the wheel. The association agreements can proceed constructively and do something that the Council of Europe cannot, which is important. They give hope of a closer political and economic future for these countries, which only the European Union can provide. That complementarity must be key to the successful progress of these countries when they apply the benefits, as I hope they will be, of these association agreements.
Looking forward again, both my noble friends Lord Bowness and Lord Balfe raised the issue of frozen conflicts—Georgia and Moldova, and now of course the question about what happens with the eastern areas of Ukraine. The three association agreements extend to all sovereign lands, even if one does not have control over parts of one’s sovereign territory. The agreements extend to areas of Georgia, Moldova and Ukraine that are currently outwith the effective control of the sovereign Governments of those three countries, although the provisions of the agreements will not of course in practice apply to those territories until such time as the Governments of Georgia, Moldova and Ukraine can secure compliance with their requirements.
The provisions for the deep and comprehensive free trade areas require the Governments of Georgia, Moldova and Ukraine to transpose and enforce EU standards in a number of sectors, including phytosanitary standards. That is important, otherwise trade will simply not be trusted by other partners. However, effective enforcement is not currently possible in the breakaway regions. Moldovan companies currently export to the EU using a system of autonomous trade preferences, to which Transnistrian companies also have access. The EU has extended the system of autonomous trade preferences to Moldova as a whole until the end of 2015, ensuring that those Transnistrian businesses will not immediately lose their current access to the single market. In answer to the question asked by my noble friend, the EU will need to reflect on how to handle this issue after the end of 2015. He raised a crucial point. At the same time, it should give the Transnistrians food for thought, given that over half of Transnistrian exports now go to the EU.
My noble friend Lady Ludford asked specifically about the procedural aspect, referring in particular to the Explanatory Memorandum, and which obligations are implemented and how. The European Communities Act 1972 provides the mechanism for implementing in UK law our obligations under an EU treaty, which is what the agreements become under these orders. That is the way in which the provisions of the agreement are given direct effect in UK law. Not every provision in the agreement would need to be the subject of legislation, but where we need legislation, which some parts may do, the order gives provision to that effect in UK law. This is about providing that kind of consistency.
My noble friend Lady Ludford also raised the important point about our view of the position of other EU member states with regard to sanctions and to the issue of Russian influence. EU member states have various degrees of economic and political interaction with Russia. We have seen that because of the energy aspect, let alone because of anything else. Despite this, the EU has developed a package of robust sanctions. As far as I am aware from the discussions that have been happening as recently as yesterday, the unanimity on that still holds and there is a determination about that. However, my noble friend is right to say that we need to be watchful and to show that the EU remains united. Russia needs to understand that, particularly before we reach the European Council on 20 March, when one would expect the current sanctions to be rolled over. If there are any breaches of the ceasefire, that would of course be taken into consideration and we should be ready for further sanctions at that point. The impact on Russia should be clear.
European Union (Definition of Treaties) (Association Agreement) (Moldova) Order 2015
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Baroness Anelay of St Johns
That the Grand Committee do consider the European Union (Definition of Treaties) (Association Agreement) (Moldova) Order 2015.
Relevant document: 20th Report from the Joint Committee on Statutory Instruments
European Union (Definition of Treaties) (Association Agreement) (Ukraine) Order 2015
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Baroness Anelay of St Johns
That the Grand Commitee do consider the European Union (Definition of Treaties) (Association Agreement) (Ukraine) Order 2015.
Relevant document: 20th Report from the Joint Committee on Statutory Instruments
Ukraine
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Lord Foulkes of Cumnock (Lab)
My Lords, on behalf of my noble friend Lord Campbell-Savours, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.
The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)
My Lords, on 9 February, the European Union Foreign Affairs Council discussed Ukraine and reconfirmed its decision to apply additional sanctions on a number of Russian individuals. The informal European Council on 12 February also discussed Ukraine and welcomed cautiously the implementation agreement reached in Minsk. The Foreign Secretary has travelled extensively around the EU in recent months. He has raised Russia and Ukraine consistently with his EU counterparts.
Lord Foulkes of Cumnock
My Lords, does the Minister recall that on 10 February she told the House that it was up to each individual NATO country to decide whether to supply lethal aid and that it was not the UK’s intention to do so? Is she aware that three days later, 20 armoured vehicles arrived in Ukraine, which President Poroshenko said would be armed and sent to the front to fight? This sale was organised by the Disposal Services Authority of the Ministry of Defence. How does she reconcile that?
Baroness Anelay of St Johns
My Lords, I am able to reconcile it, but it is still a matter of concern and the noble Lord is absolutely right to raise it. Export licences were agreed in December for the sale of 75 Saxon light-armoured personnel carriers. However, they were not carrying weaponry when we sent them. The exports were assessed fully against the consolidated EU and national arms export licensing criteria. I am aware of the report to which the noble Lord has accurately referred. Twenty vehicles have so far been delivered to the Ukrainian MoD. We are reviewing the licence against the consolidated criteria under the circumstances. The circumstances appear to be that an off-the-cuff record was made by one person to the effect that this non-lethal equipment would be retro-fitted and used. The circumstances in which we supplied it fully kept to the commitment I gave to this House. Our subsequent action is, again, fully in accord with the commitment I gave to this House.
Baroness Falkner of Margravine (LD)
My Lords, will my noble friend tell the House what her assessment is of the EU Select Committee’s report on relations with Russia and its principal recommendation that the European Council should take a more proactive line in determining that relationship? Will she also comment on whether we will have an opportunity to have a debate in this House before we rise? There will be a long break, during which we will not be able to do any scrutiny of Russia and Ukraine, so may we have a debate before we rise?
Baroness Anelay of St Johns
My Lords, I have to take refuge in the usual response that others would make when I was Chief Whip and say that it is not my decision; it is for the usual channels. However, my noble friend has raised a very strong point. Of course, it was she who led the House in a debate on Russia and relations with it back in October, in which so many noble Lords took part. On Friday last week, a significant report was published by the EU Sub-Committee on External Affairs. It took the committee seven months of hard work to produce it and I would not wish to dismiss it in the few minutes we have left; it deserves very serious consideration. The report makes it clear that the most important miscalculations were those made by President Yanukovych and President Putin in failing to foresee how the Ukrainian public would react to Yanukovych’s last-minute refusal to sign Ukraine’s association agreement with the EU. We should not fall into the trap of trying to blame ourselves for Russia’s invasion and destabilisation of another sovereign European state.
My noble friend has made an important point. The European Council will meet on 20 March. It is vital that it should roll over the tier 3 sanctions at that point and that, just as it has been, it takes a leadership role and has ready other sanctions to put in place if the current ceasefire disintegrates.
Baroness Morgan of Ely (Lab)
My Lords, does the Minister agree with the statement in the EU sub-committee’s report that cuts in Russian experts at the FCO and less emphasis on analysis led to a misreading of the depth of Russian hostility to EU plans for a closer relationship with Ukraine? Does the Minister also agree with the wider criticism levelled by the report at the failure of the UK to be active and visible in dealing with Ukraine? Is that not symptomatic of the UK’s broader failure over recent years to take a traditional leadership role in the area of foreign policy?
Baroness Anelay of St Johns
No, my Lords. I am afraid that the Opposition have broken ranks with their support on Ukraine at the wrong time. This country has shown leadership at the United Nations Security Council, where we have been securing negotiations on this matter with regard to sanctions. The report is very clear in what it says. I read it quickly over the weekend and now I shall read it more carefully. I can quote from the evidence given to the committee by David Lidington, who said that,
“pretty well every western Government had made various assumptions about the Gorbachev and Yeltsin years and, indeed, the early indications in Mr Putin’s first term as President, showing that Russia wanted integration into a global rules-based system, and steps such as G8—Russia’s participation continues in, for example, the dialogue of the six with Iran on its nuclear programme—showed that Russia was serious about being an international partner”.
Subsequently, Russia changed its attitude and we have responded to that.
With regard to Foreign Office matters, I refer the House to a letter I wrote to the noble Earl, Lord Sandwich, subsequent to when he spoke in the debate called by my noble friend Lady Falkner back in October. I am happy to put a copy of the letter in the Library if it is not there at the moment. It sets out in detail the training that is in place.
This House has a benefit that others do not. As I look around the Chamber, I see experience that only age can bring, and that is an experience that we should not forget. Those in the outside world, whether they are in the media, the Civil Service or in private service, do not have the experience that people in this House have, which is that we lived through the Cold War and therefore have a closer appreciation of what Russia can do.
Baroness Royall of Blaisdon (Lab)
My Lords, forgive my abusing the procedures of this House, but I just wanted to make it clear that the Opposition have not in any way broken our stance on Ukraine and I would ask the noble Baroness to take that back.
Baroness Anelay of St Johns
My Lords, I certainly would not wish to take any words back, although I welcome entirely the noble Baroness’s use of her position as Leader of the Opposition to make that statement. This is a self-governing House, and she made that intervention in a perfectly proper way. I am very pleased to hear her remarks, particularly as we are about to hear an EU Council Statement. Ukraine may be part of that, of course, and she will have another opportunity to respond.
Syria
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Baroness Kennedy of The Shaws
To ask Her Majesty’s Government what steps they are taking to investigate breaches of international law by state and non-state actors in Syria with regard to sexual and gender-based violence and persecution of minorities.
The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)
My Lords, we are appalled by all violations of international law in Syria. The situation should be referred to the International Criminal Court. We support non-governmental organisations and Syrian activists documenting human rights abuses, including sexual violence and minority persecution, for use in a future accountability process. Through our humanitarian partners, we have provided wide-ranging support for survivors of sexual and gender-based violence in Syria and the region.
Baroness Kennedy of The Shaws (Lab)
My Lords, there is evidence that all parties to the Syrian conflict have perpetrated crimes against women and children, including rape and terrible sexual violence, and such brutality has often been directed at minorities. The majority of such crimes constitute war crimes or crimes against humanity, and it is alleged that thousands of instances of crimes of this sort have been committed by Syrian Government forces, by ISIS, by the al-Nusra Front and the Free Syrian Army.
Crimes against women and children are often forgotten in the fog of war. What steps are being taken to train people properly to evidence-gather so that there can be prosecutions in future for those crimes? If such training is available, is it sensitive to the social pressure and taboos that are experienced by rape survivors, particularly in that part of the world?
Baroness Anelay of St Johns
The noble Baroness is right to point to the importance of ensuring that impunity does not prevail in these circumstances and that people on all sides of the conflict need to abide by international law. However, it is clear that it is Assad and his forces who are committing the vast majority of the offences that appal humanity.
With regard to investigating allegations of war crimes, the UK, together with the US, the EU, Germany and Norway are funding the Commission for International Justice and Accountability to develop documented legal case files, with named defendants, on regime and opposition—including ISIL—war crimes in Syria. So far, all this work has recovered about 1 million regime documents and archived 500,000 videos as a result of UK-trained and equipped investigators.
Baroness Williams of Crosby (LD)
My Lords, in view of the Minister’s very powerful response to the Question from the noble Baroness, Lady Kennedy of The Shaws, will she consider the rather surprising interview given by the President of Syria this morning, in which he implied that he knew nothing at all about barrel bombs, weapons which have been specifically condemned by the United Nations as never to be used in populous areas? Given that, will the Government consider inviting the Syrian ambassador to explain what his President meant and whether he agrees that barrel bombs should not be used in heavily populated areas? Does the Minister agree that there should also be mention of the bitter, cruel effects of barrel bombs, which are often filled with shrapnel, nails or devices intended to do great damage to children and women?
Baroness Anelay of St Johns
My Lords, the Government speak out regularly on these matters and I am delighted to hear my noble friend put them in such a context. Today, President Assad showed that he is divorced from reality if he has ignored the fact that he has not only allowed but clearly encouraged his forces to barrel-bomb his own people. Only he has the capacity to deliver barrel bombs. There has certainly been evidence of the result—literally the impact—on the ground and a spokesman for OCHA, on behalf of the noble Baroness, Lady Amos, has made it clear that there is evidence of barrel-bombing and aerial shelling of populated areas by the regime.
Lord Hannay of Chiswick (CB)
My Lords, does the Minister agree that the use of chlorine-filled barrel bombs is, in itself, a breach of international law? If so, what are the Government doing to put in the public domain the evidence that chlorine has been used in this way by the regime, thus contradicting the not very believable remarks made by the President of Syria this morning?
Baroness Anelay of St Johns
My Lords, the noble Lord, Lord Hannay, raises an important point about the work that has been done in recent months and years on removing chemical weapons from Assad. His use of these has been documented, and the use of chlorine in barrel bombs would come within that category. Syria’s declared chemical weapons stockpile has now been removed from the country and the bulk of it destroyed. However, it is imperative that Syria now addresses its obligation, under the Chemical Weapons Convention, to destroy its chemical weapons production facilities. If it does not, removing what it did have will not prevent the creation of more in the future.
Lord Bach (Lab)
My Lords, my noble friend has done the House a service by raising this important issue. In her Question, she referred to the persecution of minorities. Christians, in the Middle East and elsewhere, are being deliberately attacked and targeted because of their faith. What are Her Majesty’s Government doing to counter these outrageous attacks? Will they use the UK’s place on the UN Human Rights Council, from March onwards, to speak out for religious freedom and against the persecution of Christians?
Baroness Anelay of St Johns
My Lords, I entirely agree with the sentiments behind the noble Lord’s question. The behaviour of Assad’s regime and ISIL in the area in targeting and attacking minorities, particularly Christians, is inhumane. They appear to be taking action that would strip out some minorities, including Christians, from that area. The noble Lord is right: the Human Rights Council sits in March. Pending the decision of my noble friend the Chief Whip, I hope to be able to attend and make the representations that the noble Lord invites me to make.
Lord Alton of Liverpool (CB)
My Lords, in her initial reply to the noble Baroness, Lady Kennedy, the Minister said that she wanted these issues referred to the International Criminal Court. Does she recall that, last August, the commission of inquiry established by the United Nations called for a referral to that court? It has carried out 480 interviews and drawn up confidential lists of those who ought to be prosecuted. Where have we reached in the judicial process?
Baroness Anelay of St Johns
My Lords, I regret to say that, with regard to the judicial process through the ICC, reference to the ICC by the United Nations Security Council was blocked by two members of the 15-strong Security Council: Russia and China. It is indefensible that Russia and China prevented us and the rest of the members of the United Nations referring this matter to the ICC.