Global Human Rights Sanctions Regulations 2020

Baroness Kennedy of Shaws Excerpts

Wednesday 29th July 2020 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I congratulate the Government and pay tribute to Bill Browder, the original architect of the Magnitsky law. He really has changed the possibilities for international law.

Unfortunately, many human rights abusers choose to lay down assets in this country. This is a key travel destination, a place where assets may be situated, such as glamorous houses in Belgravia or Hampstead, and occupying a central position in the global financial system makes a country particularly attractive. It is also a good place to educate your children.

Using their great diplomatic heft, will the Government persuade other countries to come together also to create Magnitsky law? We have spoken about the possibility of Australia, but could we include Japan and Sweden? There is resistance to the European Union from people such as Orbán and the reinstated president of Poland. Can we use our great energy to bring them on board?

Turning to the unjust treatment of journalists, this Government have also taken the lead in a global campaign on media freedom. Over 130 journalists have been killed in the last two years. Journalists are persecuted in many ways; extrajudical killing, torture, abductions, trumped-up charges and frivolous lawsuits. Can the Minister reassure me that the unjust imprisonment of journalists will meet the threshold for sanctions, and that prosecutors and judges as well as officials could be sanctioned? Can he also confirm that this new regime will be used against non-state actors, such as companies as well as individuals? We know that people often hide their assets behind a facade of companies. Can he confirm that the regime will apply to secondary participants, including those who are complicit in abuses? Mention has been made of banks and others that make it possible for people to hide assets. Should the Government not be creating an expert committee, independent of the executive branch of Government, to determine who should be sanctioned, over and above those whom I have already mentioned?

China

Baroness Kennedy of Shaws Excerpts

Wednesday 22nd July 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I cannot speak for other countries; they will make their decisions on who qualifies and who does not qualify for the Human Rights Council. However, like other member states, I hope, in making a decision we will certainly consider very carefully the human rights records of countries which aspire to speak about human rights at the HRC.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, today the Bar Human Rights Committee of England and Wales published a powerful report on the persecution of the Uighur Muslims. It is based on sound evidence and exemplary legal scholarship and it makes a number of recommendations, one of which is to use the recent Magnitsky regime on targeted sanctions. Secretary of State Pompeo indicated yesterday while here in England that he had used Magnitsky sanctions on a number of Chinese functionaries. Are we in conversation with the United States about who those people might be, and might we follow suit? Secondly, will we consider requesting that China, which denies that persecution takes place and denies the nature of the camps, allows in an investigatory delegation to assess the situation on our Government’s behalf?

Hong Kong

Baroness Kennedy of Shaws Excerpts

Tuesday 2nd June 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, my noble friend speaks with great insight and expertise in this area, and I have noted some of his particularly helpful suggestions. I acknowledge the action by 762 parliamentarians across 37 countries, which talks about a flagrant breach of the Sino-British joint declaration.

We believe that if this law is enacted it will indeed undermine the existing provisions within Hong Kong of “one country, two systems”. On my noble friend’s wider point, we continue to raise this through international action and partnership. My noble friend suggests an international contact group; as I am sure he has noted, my right honourable friend the Foreign Secretary has led direct action in this respect. Over the last few weeks he has issued several statements, including a statement of the British position, but has also underlined the very provisions that my noble friend has highlighted: if this law is enacted, China’s international obligations to Hong Kong will be undermined. Equally, he has also raised this issue in partnership with the likes of Canada, Australia, the US and the European Union. This is a very serious point in time and a serious cross- roads for the future of Hong Kong. We ask the Chinese authorities and the Hong Kong Special Administrative Region again to think carefully before proceeding with this law.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I too have been involved with human rights issues in this region for a long time. I am a lawyer and currently the director of the Human Rights Institute of the International Bar Association, the global voice of the legal profession. This new legislation is causing us great alarm. It is clearly aimed at stamping out protest and freedom of expression and it goes to the heart of democratic autonomy and freedoms. The legislation expressly allows Chinese national security agencies to operate in the city of Hong Kong. The Minister will certainly know that Beijing has probably the most advanced technological security apparatus in the world and is now using it, including facial recognition, intercepts, tracking devices and so on, and is enabling wide-scale surveillance in China. The fears are that it will be used in the same way in Hong Kong.

I also express others’ concerns about what is happening with regard to human rights. A suggestion is being made —I strongly urge it—that a special envoy be created by the Secretary-General of the United Nations and that Britain should urge him to create such an appointment so that he can travel with others, and I hope with human rights lawyers, to Hong Kong to assess and address the situation and to negotiate with China itself. The history of negotiation goes back right back to the beginning of the UN, when General George Marshall negotiated between the Chinese Communist Party and the Kuomintang. We know that negotiations can be successful. I urge that we take steps, and I want to know whether the Minister has been having those conversations with the United Nations as well as with friendly nations that are liberal democracies.

[Lord Ahmad of Wimbledon]

I agree with the noble Baroness. As she knows, the existing rights of Hong Kong are enshrined in the Basic Law of Hong Kong, and the Sino-British agreement has also been deposited in the context of the UN. On her final point, as noble Lords know, we raised this issue directly during a recent UN Security Council meeting. Both we and the United States spoke on this particular issue under any other business—we were able to raise it under that agenda item.

On the specific question of a special envoy, which the noble Baroness and my noble friend mentioned, I assure noble Lords that in my right honourable friend the Foreign Secretary we have someone who has taken direct leadership on and interest in this issue, and we are leading the international response and thinking on Hong Kong. In recent days and weeks, the Foreign Secretary has continued to engage with a range of partners to explain our position and impress upon them the gravity of the events that have taken place. At present, we have no plans to form an international contact group, as I said to my noble friend, or to push for a special envoy. However, we are calling on the Government of China to live up to their obligations and responsibilities as a leading member of the international community. I assure noble Lords, including the noble Baroness, that we are working with international institutions, including the UN Human Rights Council, to ensure that China upholds its commitments as a co-signatory to the joint declaration.

Hong Kong: Covid-19

Baroness Kennedy of Shaws Excerpts

Thursday 19th March 2020 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, like others I am grateful to my noble friend Lord Pendry for calling this important debate today. I also want to pay tribute to the noble Lord, Lord Alton, who has for so many years been an incredible inspiration and champion of human rights the world over.

While the coronavirus has catalysed a ceasefire in the political unrest in Hong Kong, none of the underlying tension has been resolved, and therefore it is likely that unrest will resurface. We must not lose sight of the importance of this issue. The ceasefire gives the Hong Kong Government an opportunity to de-escalate and promote reconciliation, and I hope that the Government are pressing them to do this rather than continue their crack-down.

As the director of the International Bar Association’s Human Rights Institute, I would like to make a few comments on the disturbing pressure that Hong Kong’s rule of law is under. The presiding justice of the Court of Final Appeal, Kemal Bokhary, recently said that Hong Kong’s rule of law was facing a “full force” storm. Given our shared legal heritage and common law system, and given the fact that the rule of law underpins Hong Kong’s position as an international business hub, I know that this will be a matter of concern for many in this House.

This House will recall that the protest movement began in 2019 precisely because the rule of law is cherished by the Hong Kong people. Civil society groups, businesses, lawyers and politicians united to condemn the extradition law because it would inevitably have resulted in Hong Kong citizens being extradited to face unjust trials in mainland China.

The institute I direct joined in with a statement from leading British and international legal bodies stating that Bill would fail to adequately protect human rights and fundamentally imperil the operation of the rule of law. We said:

“In so far as the proposals would introduce any human rights examination at all, they are vested in Hong Kong’s Chief Executive who, in view of her function and the nature of her appointment, would appear to lack the necessary impartiality and independence to adjudicate such issues.”


That of course was a veiled expression of concern about the way that Carrie Lam was carrying out her role.

While 2014’s political unrest in Hong Kong was about democratic reforms, the 2019 political unrest was primarily about the preservation of fundamental rights and the rule of law. The extradition Bill was the spark that lit the bonfire, and it was particularly toxic because it followed years of pressure on the rule of law and on fundamental rights. Victor Mallet, the Financial Times Asia editor who was expelled from Hong Kong, wrote an op ed piece before the protests broke out which stated:

“The popular myth about boiling a frog—that the animal jumps out of the pot if placed in boiling water but he will die when plonked in cold water and gradually cooked—should be recalled by anyone involved in politics, business or the law in Asia today. In most cases, freedom and the rule of law are being eroded only gradually, but the erosion is real and the cumulative effect substantial.”


The noble Baroness, Lady Falkner, mentioned the undermining of press freedom. Given the commitment of this Government to media freedom, I hope that the issue is being raised with Hong Kong in our interactions with the Executive. From the abduction of booksellers in 2015 to the prosecution of political activists under anachronistic, colonial-era public order legislation, which has already been referred to; from the political screening of candidates for election following Beijing’s interpretation of the constitution to the banning of a political party, the temperature has been slowly rising for years. But with the extradition Bill, that temperature dialled up 1 degree higher than the people could stand and the protest movement was the result.

What is of most concern is that the protest movement has exposed the underlying rot in the system. The police have enjoyed impunity when using excessive force, which has eroded public trust in the system. I hope that the Minister agrees that it is vital that an independent inquiry is called into the events of recent months—other speakers have mentioned that—and,H if the Hong Kong Government are unwilling to initiate that themselves, we should urge the United Nations to do so and to initiate a truth and reconciliation commission.

Perhaps the biggest watershed moment for the judiciary went largely unnoticed around the world because of current events. After Hong Kong’s High Court rightly pronounced the Chief Executive Carrie Lam’s application of the emergency regulations ordinance as being unconstitutional, China’s National People’s Congress made an announcement which could, if translated into policy, signal the end of Hong Kong’s rule of law as we know it. I really emphasise that.

China’s constitution and the Basic Law jointly form the constitutional foundation of Hong Kong, but a spokesman for the National People’s Congress Legislative Affairs Committee said:

“Whether Hong Kong’s laws are consistent with the Basic Law can only be judged and decided by the National People’s Congress’ Standing Committee. No other authority has the right to make judgments and decisions.”


The statement also condemns the judgment of the Hong Kong court as severely weakening the legally enshrined power to govern enjoyed by the Chief Executive.

That statement makes clear where power lies and who determines, in the view of China, what the rule of law means. The statement is a naked power grab by the central government from the Hong Kong judiciary and is clearly in breach of existing Hong Kong case law and the terms of the Sino-British joint declaration. The Chinese are making it clear that they get to decide what the constitution says and what the Basic Law is, not the courts of Hong Kong. I hope the Minister agrees that any attempt to strip Hong Kong’s courts of their powers of final adjudication and constitutional interpretation would severely undermine the city’s common law system.

As elsewhere in the world, Hong Kong’s politics have paused to allow breathing space for the coronavirus. In fact, looking at the graphs, Hong Kong has been handling this emergency somewhat well, and for that we should be grateful, but, as the noble Lord, Lord Alton, said, under the cover of the virus leaders around the world are taking the opportunity to override law. We have even seen President Trump doing it on his border, where people are not even allowed to claim asylum but are being turned back, so the international commitments on asylum are being abused. The events of 2019 have left the rule of law in Hong Kong in a storm of unprecedented ferocity, so will the Minister say what we are going to do to ensure that human rights are upheld and that the judicial system in Hong Kong retains its integrity?

Covid-19 Update

Baroness Kennedy of Shaws Excerpts

Tuesday 17th March 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness raises an important point about the free movement of goods. Earlier, I alluded to the issue of essential travel, and I reiterate that essential travel includes the need to retain supply chains, particularly when it comes to the delivery of goods. On our discussions with our European Union partners, the President of the European Commission discussed with all G7 partners the actions that the EU would be taking. The fact that the European Commission has acted in the manner it now has reflects the fact that individual countries within the EU were taking separate action. It has acted to ensure consistency and address the very concerns that she raised. From our perspective, it is important to ensure that supply channels remain open. That is why our advice recognises the importance of ensuring that supply lines, including for the delivery of goods, remain open.

[Baroness Kennedy of The Shaws (Lab)]

I will ask the Minister another practical question. Many students are in this country just now. I give an example that we have had to deal with at the International Bar Association’s Human Rights Institute. One of our interns received a notice that India was closing down the border, even for Indian nationals who are abroad. They were given until the 18th to return, so we have had to expedite her return and assist her financially to do so—to get a different air ticket. People will be caught. This picks up on a question asked earlier: how will the Government deal with that, because some young people who have not completed their educational courses are full of anxiety about whether they will be locked out of their own countries and then be in breach of the basis on which they can stay in this country?

[Lord Ahmad of Wimbledon]

On her first point, as I am the Minister responsible for our bilateral relations with India, perhaps the noble Baroness would share that information with me and I will take it up with the Indian high commission. From talking to the Indian authorities, my understanding is that the restrictions apply to foreign nationals and those who hold passports with overseas Indian status but that Indian nationals could return if they chose to. However, if a particular issue has arisen, particularly with a student studying here, my understanding is that they should continue with their study. Coming back to the point raised earlier by my noble friend Lady Verma, providing that there is no reason for them to be unable to travel, and if flights continue—as they currently are—they should be able to return to India, in this case, or any other country as would be fit because, ultimately, nationals should not be stopped from entering their countries.

I say that, but 24 hours in this crisis is a long time, and I am minded to add the caveat that things are changing drastically. I do not envisage flights stopping and, as I said in response to a previous question by the noble Lord, Lord Collins, we are imploring commercial operators to continue to operate their flights, but as commercial decisions are taken about flights—understandably, they seek not to fly empty planes—an added challenge will be imposed on us globally to face up to. However, as I said, I am happy to look into the specific issue that the noble Baroness raised.

Saudi Arabia: Death Penalty

Baroness Kennedy of Shaws Excerpts

Wednesday 26th February 2020 Lords Chamber

Asked by

[Baroness Kennedy of The Shaws]

To ask Her Majesty’s Government what action they intend to take in response to the report by Baroness Kennedy of The Shaws, A perverse and ominous enterprise: the death penalty and illegal executions in Saudi Arabia, published in July 2019.

[The Minister of State, Foreign and Commonwealth Office and Department for International Development (Lord Ahmad of Wimbledon) (Con)]

My Lords, I thank the noble Baroness, Lady Kennedy, for her report. The United Kingdom strongly opposes the use of the death penalty in all circumstances. The former Minister of State for the Middle East and North Africa raised our concerns with the Saudi Deputy Justice Minister earlier this month. In September 2019, the UK was also a signatory to the UN Human Rights Council statement encouraging Saudi Arabia to end its use of the death penalty and to ratify the International Covenant on Civil and Political Rights.

[Baroness Kennedy of The Shaws (Lab)]

I thank the Minister not just for his reply but his personal commitment to international human rights. I tabled this Question because the report, published in July last year, indicated that there had been an acceleration of the use of the death penalty in Saudi Arabia, including mass executions —beheadings—of as many as 37 people at a time, the majority of whom had been involved in a protest and were of the Shia minority. The abuse of human rights in Saudi Arabia should be a real scandal to all of us in this House. I visited Turkey with the rapporteur on extrajudicial killing to hear the tapes of the killing of Jamal Khashoggi, the journalist. We have now had an opaque trial, where it was impossible for the International Bar Association, for example, to have persons present during the trial. We now know that six people have been given the death penalty as a result. Are we inquiring as to what is happening and who those people are? Do we know enough about the outcome of that trial and whether any due process really took place?

[Lord Ahmad of Wimbledon]

My Lords, first, I am glad that we were finally allowed to take this Oral Question after the publication of the report. I can assure the noble Baroness that, since then, we have been taking quite specific action. She rightly raised the mass execution of 37 men in April 2019; there were a large number from the Shia minority. We clearly expressed our grave concern at that time. Indeed, when I visited the Kingdom of Saudi Arabia, at its request, in my capacity as Human Rights Minister, we raised all issues, including the death penalty. The noble Baroness raised the specific issue of the Khashoggi trial. In that regard, our diplomats on the ground did gain access to the trial and were able to observe it directly. As to what happens next, as the noble Baroness will be aware, there is an appeal process under way for those people who were given the death penalty in that regard, and there is little for me to add as it is an ongoing process. On the general point about the use of the death penalty, for minorities but also for minors, we continue to raise the issue regularly with the Kingdom of Saudi Arabia.

Sanctions

Baroness Kennedy of Shaws Excerpts

Thursday 23rd January 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, if there is any incoherence or lack of understanding, wherever it may be, I suggest across the piece that Members attend your Lordships’ House, where I am sure they will be suitably enlightened. On the specific issue of the policy around human rights, as we have said, global human rights underpin our sanctions policy. That is an assurance that I have given. We continue to develop, and we will be laying secondary legislation in that respect shortly.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I must immediately say how grateful I am to the Minister for the force that he has given to the Magnitsky legislation that has taken place in this country. I want to raise a question with him about the scandal that has recently been displayed relating to Angola—the enrichment of the daughter of the President of Angola, and the fact that Isabel dos Santos is someone who spends a great deal of time in London. I wonder whether the sanctions regime would apply to someone like her.

There is a second matter that I want to raise and ask a question about. We are going to introduce legislation in this House and the other place that will look at the great crimes committed by nations against people, such as enslavement, extrajudicial killing and torture. Are the Government going to include imprisonment without limit? I know that this is a difficult one and at the moment, as I understand it, it is not on the list. Will it be included in the list of crimes for which we are giving international law teeth through the legislation that the Government are going to pass?

[Lord Ahmad of Wimbledon]

There was a lot in what the noble Baroness has just asked. What might be suitable for the House is if I say that we are having ongoing discussions with the noble Baroness and others, and those will continue. As I have said, we are looking at the current scope of the Magnitsky-style sanctions. That is under consideration, but it would perhaps be premature for me to speculate about the overall remit of the sanctions regime.

Kashmir

Baroness Kennedy of Shaws Excerpts

Monday 20th January 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, on the noble Lord’s final point, as anyone who has visited Kashmir will know, it is a beautiful part of the world. On his wider point on human rights in Kashmir and detentions after India revoked Article 370, as I said in my original Answer we have raised these issues; I have consistently raised the specific issue of the detention of various representatives. The noble Lord also talked about internet access. The contractual-based internet has been reintroduced across all of Kashmir and Ladakh. Currently, there is no open mobile service, but we continue to raise these issues with the Indian Government directly. It is important that the UK lend its voice to the incredible confidence-building initiatives between India and Pakistan. In that respect, I pay tribute to both countries on the recent opening of the Kartarpur corridor, which allows Sikh pilgrims to travel without visas across to Pakistan to pay respects at a very sacred temple.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I want to ask the Minister about the important lead this Government are taking on media freedom. It is important to note that India leads the world in the maximum number of internet shutdowns conducted, particularly in Jammu and Kashmir, which have had indefinite communication blackouts. The media is one of the ways people know about their freedoms and what is happening to members of their community. We have had disappearances and the alleged use of torture. The human rights abuses have been considerable, including the shooting of people with metal pellets, which have blinded 1,500 people. Given the importance of media freedom to this Government, what are we saying to India about these media shutdowns?

[Lord Ahmad of Wimbledon]

My Lords, I pay tribute to the noble Baroness’s work. We will continue to work together on the important issue of the media freedom campaign. I assure noble Lords that that remains a key priority for Her Majesty’s Government. We will continue to call out media suppression around the world. On India specifically, the noble Baroness raised the internet shutdown. There are areas, such as Jammu, where the internet has been restored, but concerns remain within the Kashmir valley which we consistently raise. On our exchanges with India, the Indian Foreign Minister, Mr Jaishankar, actually attended the media freedom conference. We continue to raise these issues. India is a democracy, media freedom is a fundamental tenet of democracy, and there are many in India who support that very value.

Hong Kong: Emergency Powers

Baroness Kennedy of Shaws Excerpts

Monday 7th October 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

I agree with my noble friend that any kind of violence—I am sure that I speak for every Member of your Lordships’ House—is to be condemned totally, but it is also vital that the response to any action is proportionate. That is why we stress again that the only resolution to this matter, as was reiterated by the noble Baroness, Lady Northover, is political dialogue. That remains the Government’s primary objective.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I am the director of the International Bar Association’s Human Rights Institute. It has just had its annual conference, in South Korea. Many lawyers from around the world were there, and we awarded the human rights and rule of law award to Margaret Ng and Martin Lee, two leading members of the Bar in Hong Kong who argue for the rule of law and who will be known to many people in this House. It was interesting to hear from them. They said that the young are protesting about the absence of genuine democracy now and the continuous erosion of the processes that were put in place at the time of the handover. I strongly urge the Government to seek a dialogue and that China is reminded that the rule of law is not rule by law. I am afraid that often Chinese lawyers do not fully understand that the rule of law is not simply law and order but is also protecting the rights of people and strengthening democracy in a place that is going to be important to them as we go forward.

[Lord Ahmad of Wimbledon]

I totally agree with the noble Baroness. She has great experience and insight on these matters, and I fully associate myself with her sentiments and her remarks. Let me make clear that it has always been the position of the United Kingdom Government, irrespective of political affiliation, that all elements, including the elections that take place for the Chief Executive and the Legislative Council, are provided for in Hong Kong Basic Law. Our view is that the transition to universal suffrage should be applied wholesale. That is enshrined in Hong Kong Basic Law .

Iraq: Isis

Baroness Kennedy of Shaws Excerpts

Tuesday 14th June 2016 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, there were at least four questions there, but in deference to the bravery of Pari, whom I have met on other occasions and met again last week to discuss these matters, I say that I do not doubt the determination and sincerity of the noble Lord, Lord Alton, in raising these matters. The House should not underestimate the determination of the UK Government to be able to resolve the horrific experiences which Pari’s family has seen and which have been experienced by other groups, whether it is LGBT people being thrown off rooftops or women being undermined in their communities. We are making our best efforts with allies around the world to find new ways of collecting information and of working at the United Nations to bring justice to those who so richly need it.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, it is hard to find language adequate to describe the events in Mosul last week. Clear evidence is coming out of that part of the country that those women were put into cages and set on fire. They burned screaming for their lives in the presence of huge crowds which were forced into the squares to watch this happening as a lesson to them all. The women were there because they had refused to have sex with their ISIS captors. Yazidi women who have been captured are being used as sex slaves. They are appearing on platforms to be sold. They are also being subjected to repeated rape. If ever anything was a genocide, this is. As our nation sits on the Security Council with a special position as one of the five with a veto vote, I wonder whether we could have this placed on the Security Council agenda, which does not involve any vetoes. We could have it on the permanent agenda. Are we doing anything to secure that place on the agenda for this issue?

[Baroness Anelay of St Johns]

My Lords, it is a fact that Daesh uses these most appalling treatments and murders in order to subjugate people. It is therefore important that when we consider them, we look very carefully at how we communicate what has been happening and that we also look carefully at the evidence of what has been happening. Taking a political action is a matter of a moment; it does not deliver justice. The commitment of this Government to delivering that justice is absolute. It consumes the work that I do and the work of those in the Foreign and Commonwealth Office and in other departments who are helping me and who have great expertise, because we know that it is only by delivering justice in that area that we can not only help people there but ensure that there is more security elsewhere.