Burma (Sanctions) (EU Exit) Regulations 2019

Lord Ahmad of Wimbledon Excerpts

Wednesday 1st May 2019 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the Regulations laid before the House on 31 January be approved.

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

My Lords, in moving this Motion I will speak also to the Venezuela (Sanctions) (EU Exit) Regulations 2019, the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 and the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019.

Noble Lords will be familiar with the Sanctions and Anti-Money Laundering Act 2018, which passed through this House last year. It provides the UK with the legislative framework to continue to meet our international obligations, implement autonomous sanctions regimes and update our anti-money laundering framework after we leave the EU—although the last of these is not under consideration today.

Noble Lords will also be aware of the importance of sanctions. They are a key element of our approach to our most important international priorities. They help to defend our national interests, support our foreign policy and protect our national security. They also demonstrate our support for the international rules-based order. The United Kingdom has been a leading contributor to the development of multilateral sanctions in recent years. We have been particularly influential in guiding the EU’s approach, which is why we intend to carry over the policy effects of the EU sanctions regimes by transitioning them into UK law. I will say more about that in a moment.

The principal interests and threats facing the UK and other EU member states will not change fundamentally when the United Kingdom leaves the European Union. The Government recognise sanctions as a multilateral foreign policy tool and intend to continue to work in close partnership with the EU and other international partners after we leave the European Union to address those threats, including through the imposition of sanctions. We are committed to maintaining our sanctions capabilities and leadership role after we leave the EU. The Sanctions and Anti-Money Laundering Act 2018 was the first major legislative step in creating an independent UK sanctions framework.

However, although the Act set out the framework needed to impose our own independent sanctions, we still require statutory instruments to set out the detail of each sanctions regime within that framework. Such statutory instruments set out the purposes of our regimes, the criteria under which the Secretary of State may designate individuals and entities, and the types of restrictive measures imposed. They do not specify which individuals or entities will be sanctioned. The Government will publish a list of those we are sanctioning under UK legislation when those prohibitions come into force. We will then seek to transfer EU designations in each case, but these decisions will be subject to the legal tests detailed in the sanctions Act. Any EU listings that do not meet the tests will not be implemented.

Noble Lords will recall an important feature of the sanctions Act that we discussed in detail during its passage: the right to challenge. Anyone designated under these instruments will be able to request that the Minister carry out an administrative review of their designation. The procedure applicable to such requests for reviews is set out in the Sanctions Review Procedure (EU Exit) Regulations, which were made in November last year and which are now in force. If, following the review, the Minister’s decision is to uphold the designation, the designated person has the right to apply to the High Court, or the Court of Session in Scotland, to challenge that designation decision. The court will apply judicial review principles to determine whether the designation decision should be set aside and will apply the procedure set out in the amended civil procedure rules for England and Wales, the rules of the Court of Judicature for Northern Ireland and the rules of the Court of Session for Scotland, which in particular allow for closed material proceedings to take place in relation to such challenges. The regulations underpinning this process have already been subject to debate and approved by this House. I beg to move.

[Baroness Northover (LD)]

My Lords, I thank the Minister for introducing these statutory instruments extremely briefly—more briefly than his right honourable friend in the Commons.

We all agree that sanctions can play a key role in the implementation of the rule of international law and we support all four of the SIs. Clearly, no one wants our sanctions regime to lapse if we leave the EU. As the Minister said, the UK has been a leading contributor to the development of multilateral sanctions in recent years and we have been particularly influential in guiding the EU’s approach. Indeed we have—but we risk losing that influence. I am sure that the Minister will agree that sanctions carry greater weight as part of an EU-level arrangement, rather than going it alone. The Minister said:

“We are committed to maintaining our … leadership role after we leave the EU”.


Can he say how this is supposed to happen?

I note that in response to a Written Question on 8 October 2018 on the UK’s sanctions policies, Sir Alan Duncan stated:

“In future it will be in the UK’s and the EU’s mutual interest to discuss sanctions policy and decide where and how to combine efforts to the greatest effect”.


In light of that, are there any differences in the arrangements here or do they completely mirror what we have in the EU? What exploration has there been on how alignment will be assured in future?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords who have again contributed to a very practical and focused discussion. I am pleased that the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, noticed the brevity of my opening remarks. We have talked about sanctions to a large extent and perhaps I was pre-empting some of the questions. I was not disappointed. There were focused questions on the specific proposals in front of us today and I will answer them directly.

In thanking everyone here, I acknowledge and put on record the thanks of the Government to the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments, which have been working terribly hard in the current climate. I appreciate their close scrutiny of the statutory instruments laid before us today.

I agree with the noble Lord, Lord Collins, that it is important that, as we leave the European Union, we align ourselves to working closely with our European Union partners to ensure that any sanctions we impose have the desired impact. It is no good applying a sanctions regime in the UK which is different from that of some of our nearest and closest allies, including the European Union. Discussions on that have taken place with our partners and continue to do so, because we all desire to ensure the robustness of those schemes.

From the discussions I have had with a number of European Foreign Ministers, I can assure noble Lords that, notwithstanding our departure from the European Union, there is a real commitment to continue to work and align ourselves closely on many issues in which we share common perspectives—and sanctions is certainly one such area.

As noble Lords will be aware, the Sanctions Act requires a review of all UK sanctions listings at least every three years. In addition to this triannual review, we will also review all sanctions regimes such as those being debated today on an annual basis. That will present yet another opportunity to review and scrutinise how we are acting in conjunction with other key allies around the world, including those within the European Union. As I have already said, these arrangements will also provide protection for designated persons, especially when coupled with wider safeguards than the sanctions Act.

I turn to some specific questions. The noble Lord, Lord Collins, rightly asked why we had proposed what is in front of us today and what was the exact purpose of sanctions. As I said in my opening remarks, the SIs are intended to transfer into UK law the respective EU sanctions regimes. The instruments seek to substantially mirror the policy effects and mutually reinforce the measures in the corresponding EU sanctions regime.

The noble Baroness, Lady Northover, and the noble Lord, Lord Collins, rightly raised the issue of human rights. I assure noble Lords that human rights are a significant focus of the sanctions regimes we are debating today. I know that many are keen for the UK to develop its own stand-alone human rights sanctions regime and may therefore query why we are simply transferring existing EU sanctions regimes. I assure both noble Lords that the sanctions Act gives us the necessary powers in UK law to develop our own such regime. However, these SIs were laid on a contingent basis to provide for the continuation of some existing sanctions regimes should we leave the EU without a deal. Transferring our existing EU measures by laying SIs such as these has been our priority, and I am sure noble Lords acknowledge that. We will soon be able to consider new regimes specifically.

The noble Baroness, Lady Northover, asked a series of questions across different elements. I have already alluded to the issue of the EU and how we will work closely together. I assure noble Lords that we will continue to work closely to strengthen our bilateral relationships with key partners. The UK’s existing co-operation with the EU on foreign policy, security and defence issues provides a strong platform on which to build our future relationship. Last week I was at the Security Council of the United Nations, under the German presidency, discussing the important issue of sexual violence in conflict. The bilateral discussions I had with the German Foreign Minister and others concerned how we could align ourselves closely in areas of mutual co-operation.

The EU-UK political declaration, which I am sure noble Lords saw, also mentions specifically:

“Consultation on sanctions, with intensified exchange of information where foreign policy objectives are aligned, with the possibility of adopting mutually reinforcing sanctions”.


That is a clear statement of intent on how we seek to co-operate going forward.

The noble Baroness asked about divergence from EU sanctions. My right honourable friend the Prime Minister has said that the UK,

“will look to carry over all EU sanctions at the time of our departure”.

I assure the noble Baroness that, under the sanctions Act, the Government will produce secondary legislation for each existing EU regime in order to carry EU sanctions over into UK law. Stating what will happen in future would be purely speculative, but I hope that I have given a level of reassurance to noble Lords in respect of our intention to work closely with our European partners.

The noble Lord, Lord Collins, rightly raised human rights and specifically the Magnitsky sanctions. I was proud of your Lordships’ role in ensuring that there was a real focus on human rights in the sanctions Act. As noble Lords will have noted, three out of the four sanctions regulations being debated today—on Burma, Venezuela and Iran—are made at least in part to promote compliance with international human rights law and respect for human rights. The sanctions imposed under these regulations are designed to ensure accountability for human rights violators.

As I have already said, the Sanctions and Anti-Money Laundering Act 2018 provides powers for the UK to make secondary legislation to impose sanctions to provide accountability for or to deter gross violations of human rights, and to promote compliance with international human rights law and respect for human rights. I assure noble Lords that the UK strongly supports current efforts to establish a thematic human rights sanctions regime. The Government’s focus to date has been on ensuring that we have the necessary secondary legislation in place to implement EU and UN sanctions. The SIs we are debating today are part of that preparation. As a member of the EU, or during the implementation period, EU sanctions will apply within the UK, and we will use the powers provided by the sanctions Act to the fullest extent possible during that period. The noble Lord talked about different countries during that interim period, and there will be some limitations on what we can impose autonomously. I assure noble Lords that it is our intention that national sanctions in relation to human rights will be brought forward, but we will need to design and draft a statutory instrument to ensure that associated processes and structures are in place. I am sure noble Lords will agree that it is also important that we set up the regime correctly to ensure that sanctions meet the legal tests set out in the sanctions Act. In summary on that point, the Magnitsky clause in the sanctions Act, and the Act itself, provide the governance and framework to allow us to take forward those principles and those protections for human rights.

If I may digress for a moment, it was a huge privilege recently to mark the 40 years in Parliament of the noble Lord, Lord Alton. He has been a strong promoter of human rights over many years. I pay tribute to him and put on record my thanks for being such an advocate for human rights over a number of years. The contribution he made today underlines the intense focus, detail and sensitivity he brings to this subject. I look forward to working with him and, indeed, all noble Lords on these important issues.

The noble Lord, Lord Alton, and the noble Baroness mentioned Burma. I assure noble Lords that the regulations in front of us impose an arms embargo as well as prohibitions relating to dual-use items and items that can be used for internal repression and for the interception and monitoring of telecommunications. There are also currently prohibitions on the provision of interception and monitoring services and on military related services, including the provision of training, personnel and funds to the Tatmadaw. The noble Lord, Lord Collins, alluded to the leadership of Burma. We have led the way in the EU when it comes to sanctions on Burma. The noble Lord, Lord Alton, rightly made a point about the situation in the United Nations. Burma has been an issue. As the penholder on Burma at the United Nations Security Council, we are cognisant of the importance of moving forward on these issues. Undoubtedly some members of the Security Council are reluctant to move forward in the way all of us in this House would want to see, but I will apprise the noble Lord of the progress we can make in this respect. It is not something that we are losing focus on. I stress that in my capacity as the Prime Minister’s special representative on preventing sexual violence in conflict, ensuring that we bring justice for the victims and survivors of tragic events such as the ethnic cleansing we have seen in places such as Burma by bringing the perpetrators to justice will remain a key focus of my human rights work.

Venezuela (Sanctions) (EU Exit) Regulations 2019

Lord Ahmad of Wimbledon Excerpts

Wednesday 1st May 2019 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the Regulations laid before the House on 31 January be approved.

Motion agreed.

Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019

Lord Ahmad of Wimbledon Excerpts

Wednesday 1st May 2019 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the Regulations laid before the House on 31 January be approved.

Motion agreed.

Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019

Lord Ahmad of Wimbledon Excerpts

Wednesday 1st May 2019 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the Regulations laid before the House on 15 March be approved.

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

Looking specifically in the direction of the noble Lord, Lord Chidgey, I beg to move.

Motion agreed.

Sudan

Lord Ahmad of Wimbledon Excerpts

Tuesday 30th April 2019 Lords Chamber

[Baroness Cox]

To ask Her Majesty’s Government what is their response to recent developments in Sudan.

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

My Lords, since President Bashir’s removal on 11 April, the United Kingdom has engaged with the protest movement, opposition parties and the transitional military council to encourage all to agree a process for a swift and peaceful transition to civilian rule. We are also working closely with international partners and welcome the leadership of the African Union in its clear push for a political transition. Sudan’s long-suffering people expect their leaders to seize this opportunity for change.

[Baroness Cox (CB)]

My Lords, I thank the Minister for his encouraging and sympathetic reply, but is he aware that I visited Sudan 30 times during the war waged by President al-Bashir and witnessed personally the scale of brutality and suffering inflicted on the Sudanese people, while the UK Government allowed his regime to continue its genocidal policies with impunity, to the dismay of the Sudanese people? What are Her Majesty’s Government now doing to help to redeem Britain’s reputation by giving substantive political and humanitarian support to those valiant, peaceful protestors across Sudan who have suffered a brutal response from the military Government, including at least 67 killed, many injured and hundreds arrested?

[Lord Ahmad of Wimbledon]

My Lords, of course I recognise the important role that the noble Baroness has played over the years in Sudan. I am sure that we are all grateful for the situation that is now emerging there. As the noble Baroness will know, the United Kingdom has supported Sudan with humanitarian aid to the tune of £30 million, and we continue to target humanitarian aid to specific regions of the country. I assure the noble Baroness that the issue of impunity for those who have committed crimes has been raised at all levels, including with the current transitional military council. We remain committed as a Government to the ICC, and we believe that any indicted criminal under the ICC should be brought to the ICC.

[Lord Clarke of Hampstead (Lab)]

My Lords, following the street protests—especially those that took place between December 2018 and early 2019—hundreds of people were locked up. Can the Minister tell us if there is any evidence that these people are still incarcerated after the changes that have taken place? Secondly, can he say whether there has been any evidence of maltreatment during their incarceration in custody? I would be grateful if he could answer those two points.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord is quite right to raise that issue. My understanding is that political prisoners have been released by the transitional military council. On the question of what or how they suffered, I am sure that in time their testimonies will be accounted for and appropriate action will be taken. The head of the transitional military council has also emphasised the importance of upholding justice systems within Sudan.

[Lord Howell of Guildford (Con)]

My Lords, while we should do everything possible on the humanitarian side arising from these events, as the noble Baroness, Lady Cox, urges—not just in Sudan but throughout the Maghreb, where Algeria and Tunis also spring to mind—can we be careful about the political side? The Minister mentions engagement. Can he and his colleagues bear in mind that our political engagement, involvement and intervention in Libya were not a dazzling success?

[Lord Ahmad of Wimbledon]

My Lords, I think we have learned the lessons of previous engagements. As far as Sudan is concerned, my noble friend will be aware that the United Kingdom is one of the troika of nations—together with the US and Norway—which have been leading the diplomatic engagement. Aside from Bashir, we have dealt with other members of the Administration, and I assure the noble Lord that we are working with, for example, the forces of the Declaration of Freedom and Change, which is made up of professionals, trade unionists and other civil society leaders. During the time of Bashir’s regime too, we dealt directly with civil society leaders who have played an important role in ensuring that all communities in Sudan, most notably the persecuted Christian communities, see their rights being restored.

[Lord Chidgey (LD)]

My Lords, western Governments have supported the forces of freedom and change, but Sudan’s key Gulf lenders back the military council, while African states have called for more time for the army to hand over power to civilians. There are wider issues coming into play, such as Sudan’s support for the Saudi-led coalition war in Yemen, the deepening economic crisis and the call for Sudan to join the International Criminal Court, with the repercussions of that, but surely the priority has to be the ongoing humanitarian challenge. What assistance are the Government mobilising, particularly to address the food crisis and malnutrition in Darfur and the Kordofans? What plans do the Government have to address the expected increase in returnees to South Kordofan and Blue Nile, putting pressure on already stretched resources?

[Lord Ahmad of Wimbledon]

The noble Lord is right to raise the issue of humanitarian aid. The two regions he mentions are exactly where aid is currently being directed. He mentioned the broader issue of other partners. We are working very closely with the African Union and we have also engaged directly with the Emirati Foreign Minister and the Saudi Foreign Minister, Mr Jubeir, on the situation; my right honourable friend the Foreign Secretary has had calls with both of them. It is my understanding that those two countries have already pledged £3 billion of humanitarian aid.

[Lord Collins of Highbury (Lab)]

My Lords, I welcome the statement by the troika saying that the transitional military council must move as speedily as possible to civilian rule. As the Minister knows, transitions can be extended and extended and extended. What is the United Kingdom doing to ensure that this transitional military council remains transitional and that we make every effort to ensure a speedy move to civilian rule?

[Lord Ahmad of Wimbledon]

I totally agree with the noble Lord: the word “transitional” is key. In our dealings with the African Union, the suggested timeline has been three months. We take encouragement from the new leader of the transitional military council and from the protests that continue to take place. There has been a reaching out: the individuals who were of deep concern to the protest movement have been removed from the military council; and there is direct engagement with the opposition forces. Having visited Sudan and seen the suppression of press freedom and of the freedom of minorities, I think we take great encouragement from the fact that those protests and that engagement continue, and the military has ceased from intervening to suppress the protests.

[Baroness Afshar (CB)]

My Lords, are the Government aware that everything that Sudan is doing goes directly against the teaching of Islam? As a retired teacher of Islamic law, I can tell noble Lords that Islam recognises women as independent, both financially and personally, and in terms of the decisions they make for themselves and their children. In fact, women are entitled to payment should they choose to breastfeed their children. What the Sudanese Government are doing goes against every conception that Islam has of women; it is anti-Islamic. They really ought to be discouraged and not given any funds.

[Lord Ahmad of Wimbledon]

I am sure that the noble Baroness is referring to the previous regime. In view of the time, I will just say that there is a Koranic verse, “La ’ikraha fi al-din”, which means that there is no compulsion or coercion in faith. That should be understood not just by the new regime and Government in Sudan but by all Islamic Governments around the world.

Hong Kong: Pro-democracy Activists

Lord Ahmad of Wimbledon Excerpts

Wednesday 10th April 2019 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat in the form of a Statement the Answer given to an Urgent Question in another place on the guilty verdict handed to pro-democracy activists in Hong Kong. The Statement is as follows:

“At the outset, I emphasise to the right honourable Gentleman and the House that the UK Government are acutely aware of our enduring responsibilities to Hong Kong. We were a joint signatory to upholding the joint declaration between the UK and China some 35 years ago. That joint declaration is lodged, of course, with the UN. As such, we remain absolutely committed to monitoring and ensuring the faithful implementation of the joint declaration and, indeed, the principle of ‘one country, two systems’.

I reassure the House that we clearly and consistently raise our concerns with the Chinese and Hong Kong authorities. Parliament is updated on developments in Hong Kong through our six-monthly reports submitted by the Foreign Secretary, most recently on 27 March, just over a fortnight ago. We always stand ready to comment publicly and robustly when appropriate.

Yesterday the Hong Kong courts gave their first verdict on the nine key figures in the Hong Kong Occupy movement. These protesters were arrested after large-scale protests in 2014. Yesterday, each was found guilty of at least one public nuisance offence. Now such offences carry a maximum sentence of seven years in prison. We shall have a better understanding of the severity of the sentence, and therefore the signal this purports to send to others who choose to exercise their rights under Hong Kong’s Basic Law and Bill of Rights, once sentences have been handed down. Sentencing is due on 24 April, and the defendants have the right to appeal. It would therefore not be appropriate to comment further or in detail on these ongoing legal cases. Suffice to say, this could be a very protracted legal process, which could take years rather than months.

I have visited Hong Kong twice as Foreign Office Minister, and have held meetings with a number of senior legal figures. When I visited in November I raised the issue of the rule of law with the deputy chief justice, as well as with representatives from the legal, political and business communities. All staunchly defended the independence of the judiciary, and it remains our position that Hong Kong’s rule of law remains robust, largely thanks to its world-class independent judiciary. Many Members know that Baroness Hale, Lord Hoffmann and others are members of that independent judiciary.

Hong Kong citizens are guaranteed the right to freedom of assembly and demonstration under the Sino-British declaration of 1984 and the Basic Law, and in a democracy it is important that these things are respected. Hong Kong’s success and stability depend on its high degree of enduring autonomy and respect for the fundamental rights and freedoms enshrined in the joint declaration and the Basic Law. The Foreign Secretary pronounced recently that he was,

‘concerned that on civil and political freedoms, Hong Kong’s high degree of autonomy is being reduced’.

It would be deeply concerning if this ruling discourages legitimate protest in the future, or indeed discourages Hong Kong citizens from engaging in political activity”.

[Lord Tunnicliffe (Lab)]

My Lords, I thank the Minister for repeating the response. A serious discussion on the situation in Hong Kong is overdue. China’s erosion of the rights and freedoms guaranteed by the Hong Kong Basic Law has been growing since the Umbrella Movement protests in 2014. The last few years have seen an increasing crackdown on dissent and protest, political parties banned, pro-democracy candidates blocked from standing and journalists expelled.

The conviction of nine leaders of the Hong Kong Umbrella Movement, who could face seven years in prison for organising peaceful protests, as the Minister said, is totally disproportionate and clearly politically motivated. The proposal to change Hong Kong’s extradition laws means that they could serve sentences thousands of miles away in mainland China.

The Sino-British joint declaration is a legally binding treaty registered with the United Nations, and the British Government are the joint guarantor, with China, of the rights of Hong Kong citizens, so I have one simple question for the Minister: how are the Government going to fulfil their legal responsibility to the citizens of Hong Kong?

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord for raising these issues. As he will be aware—as I said in the Statement—we produce six-monthly statements as required. In his recent statement on this, the Foreign Secretary said:

“It is very welcome that in the areas of business and the independence of the judiciary, the ‘One Country, Two Systems’ model is working well. However, I am concerned that on civil and political freedoms, Hong Kong’s high degree of autonomy is being reduced”.


I assure the noble Lord that we are cognisant of the recent issues, particularly the events concerning protesters from the 2015 protests. As I have said, it would be inappropriate to comment on that case specifically, but I reassure the noble Lord that we are using all our offices—through the consul-general and direct visits that my right honourable friends the Foreign Secretary and the Minister of State have made to Asia and Hong Kong—and we will continue to speak bilaterally to the Chinese as well.

[Baroness Northover (LD)]

My Lords, I too thank the Minister for repeating the Statement made in response to an Urgent Question from my right honourable friend Alistair Carmichael in the other place. This is, yet again, an occasion when we miss my friend Paddy Ashdown, who fought long and hard for the people of Hong Kong.

Those in Hong Kong are guaranteed the right to freedom of assembly and demonstration, as the Minister said. Surely we must be very concerned about these verdicts in the light of that. Does he agree that any sign that members of the independent judiciary—the noble and learned Baroness, Lady Hale, the noble and learned Lord, Lord Hoffmann, and others—feel unable to continue would be very serious indeed? The Minister will know—the noble Lord has just made reference to this—of proposals to change Hong Kong’s extradition laws to enable suspected criminals to be extradited from Hong Kong to the mainland. Does he agree that that is extremely concerning, certainly for political activists but even for local and international businesspeople?

[Lord Ahmad of Wimbledon]

I agree with the noble Baroness that we all remember Lord Ashdown for a variety of reasons and this is one of those occasions. On the specific issue that she and the noble Lord raised about extradition, yes, we are acutely aware of the proposed change to legislation. We are fully considering the implications of that and how it may impact UK citizens and, in particular, as the noble Baroness said, people operating within the business community. In that regard, the British consul-general in Hong Kong has spoken to senior figures in the Hong Kong Administration to seek clarity on what the proposals will mean, particularly for UK citizens, and we continue to make a case to them. It remains the United Kingdom’s view that for Hong Kong’s future success it is essential that Hong Kong enjoys—and is seen to enjoy—the current autonomy under the agreement that was signed not only by the United Kingdom but by the Chinese Government.

[Lord Pannick (CB)]

My Lords, in the light of those questions, will the Minister emphasise that those who have been convicted have the right of appeal; that the basic law protects the independence of the judiciary; and that, in practice, the Hong Kong judiciary is as independent as any judiciary in the world? I declare an interest as a frequent advocate in the Hong Kong courts both for and against the Government of Hong Kong.

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord speaks with immense expertise and experience in this regard. I can assure him on all three of those statements in terms of the autonomy and independence of the judiciary. Since this agreement has been in place over the past 30 years, there has been only one occasion, in 2016, when we had formally to call out a lack of adherence to the principles of the treaty. He asked about the right of appeal. The people who have been convicted are currently out on bail. Sentencing is due on 24 April and they will have 28 days thereafter to lodge a formal appeal.

[Lord Lea of Crondall (Lab)]

My Lords, on the status of the original agreement, co-signed by our Government and the party which has contact with Peking, how is a dispute about the interpretation of that agreement settled? Do such agreements have some sort of implicit or explicit arbitration or other clause about how to enforce the agreement if there is a dispute about its enforceability?

[Lord Ahmad of Wimbledon]

My Lords, I am sure the noble Lord heard me say in response to the previous question that there has been only one occasion in the past 30 years when we have had to call in a contravention with regard to the treaty and its obligations. In terms of its implications and application in international law, as was raised by the noble Lord earlier, the joint declaration is lodged directly with the United Nations. Therefore, the obligations on both the British Government and the Chinese Government are clear.

[Lord Hope of Craighead (CB)]

My Lords, following the point made by the noble Lord, Lord Pannick, is it not worth stressing that one of the strengths of the current system in Hong Kong is the presence of the non-resident judges in the Court of Final Appeal? Some names have been mentioned already and there are several more. It is part of the system that exists and I believe that it is not under any challenge whatever.

[Lord Ahmad of Wimbledon]

My Lords, I totally concur with the noble and learned Lord in that respect. That is why we have stood firm on the “one country, two systems” application and will continue to do so. As I said in response to an earlier question, we ensure that any concerns are raised bilaterally with the Hong Kong authorities or directly with the Chinese Government.

[Lord Wilson of Tillyorn (CB)]

My Lords, I agree with my noble friend Lord Pannick and my noble and learned friend Lord Hope that the system in Hong Kong has remained remarkably stable in the courts despite some choppy waters politically over the last few years. That rule of law is enormously important—for the people of Hong Kong and for commercial relations with Hong Kong. It is wise to do our utmost to bolster the rule of law and not rush too quickly into criticising until we know how that has worked out.

[Lord Ahmad of Wimbledon]

I totally concur with the noble Lord. That is why I have resisted commenting in any great degree of detail on the case. It is right that we see due process take its course, and we are confident, certainly thus far, that we have seen little demonstration of any contravention of the agreement signed with the Chinese. While concerns remain, as articulated by my right honourable friend the Foreign Secretary, we have no reason to believe that the Chinese authorities will not uphold what the court system decides.

[Lord Woolf (CB)]

My Lords, in view of what has already been said, I hesitate to intervene, but having been a judge of the Court of Final Appeal in Hong Kong and having served my term there, so to speak, it is important for me to acknowledge that my experience is the same as the other experiences the House has heard about. Hong Kong deserves great credit for the way it has ensured that the rule of law functions efficiently.

[Lord Ahmad of Wimbledon]

I am sure I speak for the whole House in paying tribute to the noble and learned Lord’s contribution in that respect and to the judges who continue to do such a sterling job and play such an important role in Hong Kong today.

[Lord Ricketts (CB)]

My Lords, the noble Lord, Lord Wilson of Tillyorn, is too modest to say that he was one of the key architects of the joint declaration and put many thousands of hours into negotiating it. I agree with other noble Lords that we can be proud as a nation of what the JD has delivered in terms of stability in Hong Kong, but the price of that is eternal vigilance. The Minister has already assured us that the Government are going to continue to press very hard on this crucial issue.

[Lord Ahmad of Wimbledon]

I assure the noble Lord that that will be the case. On a lighter note, I am reminded that when I joined the House in 2011 I was advised, as a Minister answering in the House of Lords, “When you give a response, Tariq, make sure you look around you because as a minimum someone has probably written a book about the subject”. The experience in your Lordships’ House has been clearly demonstrated on this issue.

China: Religious Freedom

Lord Ahmad of Wimbledon Excerpts

Thursday 4th April 2019 Lords Chamber

[The Lord Bishop of St Albans]

To ask Her Majesty’s Government what is their current assessment of freedom of religion in China.

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

My Lords, there are several recognised religions in China, with tens of millions of practising Christians, Muslims and Buddhists, among others. However, we are deeply concerned about developing restrictions on freedom of religion or belief in China, including reports that authorities are tightening control over how certain religions are practised. At the United Nations Human Rights Council last month, I raised directly our concerns about restrictions on freedom of religion or belief in China, including on Muslims and Christians in Xinjiang.

[The Lord Bishop of St Albans]

I thank the Minister for his reply. There are deeply worrying reports coming out of China, not least about persecuting the Christian churches there—an ancient Christian church there was founded in the 7th century. Will he comment particularly on the developing situation concerning Uighur Muslims and the development of the network of re-education camps in Xinjiang province? What representations have Her Majesty’s Government made and what are they planning to do?

[Lord Ahmad of Wimbledon]

My Lords, the right reverend Prelate is right to raise the desperate situation facing Uighur Muslims in Xinjiang province. I assure him that we have raised this directly, on a bilateral basis, with the Chinese Government. As I indicated in my earlier Answer, I raised the issue directly during the Human Rights Council, with specific reference to the Uighur Muslims, during our statement there. Working with like-minded partners, including the United States, we also hosted a side event during that council to draw further attention to and increase international collaboration on this priority issue.

[Lord Alton of Liverpool (CB)]

Has the Minister had a chance to read yesterday’s Spectator and last week’s Westminster Hall debate about forced organ harvesting from China’s religious minorities, including Falun Gong, Uyghur Muslims, Tibetan Buddhists and, possibly, Christian dissidents along with prisoners of conscience? Fiona Bruce, Member of Parliament and chair of the Conservative Party Human Rights Commission, described it as,

“potentially nothing less than a 21st century genocide”,

and “almost a perfect crime” because “no one survives”.

Will the Government attend this week’s China Tribunal hearings, chaired by Sir Geoffrey Nice QC—who prosecuted Slobodan Milošević—and modelled on the people’s tribunal into the Vietnam War, pioneered by Bertrand Russell and Jean-Paul Sartre? Their interim findings say that tribunal members are,

“certain—unanimously, and sure beyond reasonable doubt—that in China forced organ harvesting from prisoners of conscience has been practised for a substantial period of time involving a very substantial number of victims”.

Will the Government ask China for its response to these deeply disturbing findings?

[Lord Ahmad of Wimbledon]

I read the debate that took place, not the article, but I will do so. On a number of occasions, the noble Lord and I have talked about the specific issue of organ harvesting. I assure him that we are watching and working closely on the outcomes of Sir Geoffrey Nice’s review. The detailed report will also be out later this year. Our officials have attended every evidence session and will continue to do so and update accordingly. In raising this issue directly, I am deeply concerned, like the noble Lord, particularly because there is an issue of organ harvesting not just from people elsewhere: I have heard it suggested and was briefed on prisoners in the system being used for this purpose. The situation is deeply concerning and we are raising it at all levels.

[Lord Hunt of Kings Heath (Lab)]

Is the noble Lord prepared to raise this issue with the World Health Organization? Its responses to concerns raised about the use of organs in the appalling way suggested by the noble Lord, Lord Alton, were very weak. I hope that the Government will be as vigorous in dealing with the WHO as they appear to be with the Chinese Government.

[Lord Ahmad of Wimbledon]

The noble Lord makes a valid point. I assure him that, as the UK’s Human Rights Minister, I will raise this issue with all appropriate organisations.

[Baroness Berridge (Con)]

My Lords, I am grateful to hear from the Minister that we have made bilateral representations and used our seat at the Human Rights Council, but there are other, often more subtle, ways we can exert influence. The UK Government are an employer of many local staff in our embassies; our soft-power institutions, such as the British Council and perhaps the BBC, also employ a lot of local staff. Can the Minister outline whether the Government have a policy in situations like this to ensure that these persecuted minorities are represented within the local staff we employ?

[Lord Ahmad of Wimbledon]

My noble friend makes an important point. I assure her that, in recruiting for any post throughout the world, the United Kingdom adopts a policy of equality and justice. Her point is to ensure that all communities of a particular country are represented and that there is no discrimination in our recruitment. She makes an important point about soft power in other organisations working in China, which I will take back. I do not have the numbers in front of me on the different communities employed but I will certainly take that back and write to her, as is appropriate.

[Lord Dholakia (LD)]

My Lords, I declare an interest as a member of the All-Party Parliamentary Group on the abolition of capital punishment. There is evidence that a significant proportion of human organs were removed from executed prisoners. China’s use of the penalty is subject to great concern because there is no transparency on the number of executions it carries out. We now have an American roving ambassador dealing with this matter. What liaison exists between our Minister and the American roving ambassador to make sure that we make the strongest protest possible to China about its lack of transparency in carrying out such executions?

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Lord that I work very closely with Ambassador Sam Brownback on both this issue and freedom of religion across the world; we are co-ordinated. Another recent example was a visit to Pakistan. As I left Islamabad, Ambassador Brownback was arriving. We have ensured a co-ordinated approach on what the United Kingdom and United States are doing.

[Lord Collins of Highbury (Lab)]

To follow up on my noble friend’s question about the WHO, I understand—and completely agree with—the Minister’s commitment to raising these issues with China, but organ harvesting has other implications, not only for universities, which could be co-operating. Can the Minister assure the House that he will raise this issue across Westminster and Whitehall to ensure that all departments take it seriously and that we do not start using organs harvested from prisoners?

[Lord Ahmad of Wimbledon]

The noble Lord is quite right. I am aware, from the question raised by the noble Lord, Lord Dholakia, of World Health Organization’s current, persisting view. I assure the noble Lord once again that this is important to the World Health Organization and Whitehall. For example, some countries are also adopting systems to restrict this. We are working with them to see how those restrictions are applied and we seek to review our own position in that respect.

Venezuela: Russian Troops

Lord Ahmad of Wimbledon Excerpts

Tuesday 2nd April 2019 Lords Chamber

[Lord Lee of Trafford]

To ask Her Majesty’s Government what assessment they have made of the deployment of Russian troops in Venezuela.

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

My Lords, given the deteriorating political situation in Venezuela, we believe that the arrival of Russian military aircraft, military personnel and equipment at Caracas airport on 23 March is provocative and ill-conceived. The United Kingdom supports a resolution to the current crisis in Venezuela through a peaceful, democratic transition following free and fair presidential elections in accordance with international democratic standards, as demanded by the interim President, Juan Guaidó, and the national assembly, in line with the Venezuelan constitution.

[Lord Lee of Trafford (LD)]

I thank the Minister. As in Syria, an opportunist Russia comes in to prop up a hugely unpopular President, seemingly impervious to the appalling suffering of the people—only this time it is in America’s back yard. President Trump has called on Russia to “get out”, and Secretary of State Pompeo has said that America,

“will not stand idly by”,


so clearly this is potentially a very serious situation. Can the Minister give the House any update on the scale of Russian deployment or its mission?

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord is quite right. Russia is sending military aid to Venezuela. Troops arriving in public view do not help to resolve the crisis in Venezuela, and the US—as he rightly acknowledges—has been strongly critical. While Foreign Minister Lavrov’s defence remains that this is part of a regular military deployment, bearing in mind the situation prevailing in Venezuela it is far from that. This is why we believe it is time to ratchet up the diplomatic efforts, as the United Kingdom has been doing in working hand in glove with the Lima Group.

[Lord Collins of Highbury (Lab)]

My Lords, I think all sides of the House are at one in condemning Russia for this external interference and in saying that the only way forward is for Maduro to leave and for free and fair elections to take place. However, also key for the future is the terrible economic situation and the humanitarian crisis—inflation this year is forecast at 10 million per cent. What are we going to do? Are we working with our allies to ensure that once we get rid of Maduro, we will have economic support for the people of Venezuela?

[Lord Ahmad of Wimbledon]

My Lords, I totally concur with the noble Lord. He and I have talked about the situation prevailing in Venezuela. He is quite right that the humanitarian situation is dire. In a recent survey of hospitals, 88% were reported to be in dire need of medical equipment. There is one small glimmer of hope: I heard this morning that it has been agreed that the International Committee of the Red Cross will be given access and, on the timeline for that, I can share with your Lordships that we are hoping it will start delivery of aid within the next two weeks. The noble Lord is also right to draw attention to the dire economic consequences. I assure him that we are working to step in with partners through the Lima Group and with European partners. What is required right now, I concur, is free, independent, fair elections, and support for the interim President to ensure this happens in a short time.

[Lord Garel-Jones (Con)]

Can my noble friend bring the House up to date? As a counterpoise to military intervention by Russia, what progress has the United Kingdom made in bringing humanitarian aid to this terrible crisis? And has any progress been made in persuading the leader of the Labour Party that President Maduro should not receive any support at all?

[Lord Ahmad of Wimbledon]

My Lords, I am sure that, like all of us, my noble friend heard the shadow Minister’s words about the support for the position across your Lordships’ House. It is important that, wherever we are in the world, we get behind the interim President, most importantly because he is the representative voice of the people of Venezuela. As I have already indicated, we are seeing a small glimmer of hope in the access provided to the International Committee of the Red Cross, but clearly much more needs to be done.

[Viscount Waverley (CB)]

Would the Minister agree that Russia becomes more assertive with failing western diplomacy and when it perceives weakness? If strength is the answer, how will our policy towards Venezuela be sharpened to counter the Russian presence?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, diplomacy is one Britain’s great strengths on the world stage, and I assure the noble Lord of the strength of our diplomacy, both in the region and with European partners. Indeed, 24 EU member states have now recognised Juan Guaidó as the interim President. I believe we need to pursue that particular avenue to ensure international pressure continues. We are looking at broadening sanctions on Venezuela but at the same time ensuring humanitarian aid, both food and medical, is delivered, which the people of Venezuela are in dire need of.

[Lord West of Spithead (Lab)]

My Lords, the Minister will be aware that Venezuela owes Russia $3.1 billion in payments for military and other equipment, and it owes Rosneft $2 billion, so that is $5 billion altogether. Clearly, one can understand the Russian interest in this, but we must have been aware that Russia was going to deploy troops, yet it seems to have gone under the radar. In that context, can I ask the Minister how concerned we are with the huge Chinese investment and the pull that they are beginning to put on to Venezuela in the same way?

[Lord Ahmad of Wimbledon]

As the noble Lord will be aware, both Russia and China continue to recognise the Maduro regime. In terms of the justification for what Russia has done, as I have alluded to, Russia has a long-standing commitment to sharing military deployments and is claiming that this is part of that. We recognise that the situation in Venezuela tells a different story, and that is why it is important that we increase our diplomatic efforts, broaden international alliances in the region through the Lima Group and add our efforts to ensuring that we isolate those who are responsible. To Maduro there is a simple message: “Step aside. The people of Venezuela demand it; the people of the world demand it”. I hope our Russian and Chinese colleagues are listening very carefully. We continue to work bilaterally and through international organisations to deliver just that message.

[Lord Wallace of Saltaire (LD)]

My Lords, I am glad that ratcheting up diplomatic efforts is going well with our European partners. Has the Foreign Office done sufficient work yet on how we will replace that European diplomatic network if we crash out of the EU without a deal within the next 10 days?

[Lord Ahmad of Wimbledon]

My Lords, I can speak directly to that: we continue to work with European partners. Last week, I was at the United Nations, where we were working hand in glove with both Germany and France on important issues, including the promotion of women in peace-keeping. We will continue to strengthen those international alliances. I want to be absolutely clear that, notwithstanding our departure from the European Union, we remain part of Europe. Our European alliances are important, and we continue to strengthen and collaborate on them. The Iran nuclear deal and the nuclear proliferation deal are recent examples of how European partners continue to work together. We are beyond Brexit when it comes to international co-operation—that will continue internationally and with our European partners.

Sexual Violence

Lord Ahmad of Wimbledon Excerpts

Tuesday 2nd April 2019 Grand Committee

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

My Lords, I join all noble Lords in thanking my noble friend Lady Hodgson for securing this debate and I acknowledge her long-standing commitment to and unrelenting passion for ensuring that the victims and survivors of sexual violence in conflict are at the heart of our policy-making. I applaud her work in this respect, in particular as part of the PSVI external steering board on which she sits. She advises me directly as the Prime Minister’s special representative. I also thank her for her work on the APPG. Perhaps I may start with a personal reflection. My noble friend Lady Hodgson and I have worked together on this issue. Indeed, one of our first visits from this House was to Bosnia helping to build support mechanisms and a shelter for the victims and survivors of that conflict.

Let me assure all noble Lords, and in particular my noble friend, that the commitment of the UK Government to this issue is unrelenting. We continue to commit resources, time, effort and leadership to prioritising PSVI across the piece internationally. The noble Lord, Lord Collins, asked about cross-government working. Our focus on PSVI reflects the agenda we have set out in our national action plan on women, peace and security, and I am pleased to report that its fourth iteration brings together the expertise of the Ministry of Defence, the Department for International Development and the Foreign and Commonwealth Office. The international progress which has been made under our leadership over the past seven years has been sustained.

Given that, perhaps I should start by expressing a certain disagreement with the noble Baroness, Lady Featherstone—I greatly respect her and I acknowledge her contribution. I do not believe that the spotlight has diminished. On the contrary, not through our efforts alone but in recognising the work of Nadia Murad and Dr Mukwege, we can reflect the priority that the international community continues to give. I can assure the noble Baroness that we are working hand in glove with both those individuals and their organisations not just in the delivery of our event later this year but by directly supporting their initiatives as well. The noble Lord, Lord Alton, referred to these Nobel prize winners—and rightly so—and we all acknowledge their work and put that formally on record.

Intensive work and sustained effort are required in ensuring that this agenda remains at the top of international priorities, not only in the UK but in other countries as well. Work began in November last year when, as several noble Lords have noted, we hosted the world’s first film festival focused on eliminating the stigma of sexual violence in conflict and, yes, we involved directly Angelina Jolie. We brought film-makers from those conflict regions to depict through film their experiences and to ensure that priority is given in their countries. We used the BFI as the backdrop for that event, which brought together increased focus and attention.

I am extremely grateful to Her Royal Highness the Countess of Wessex, who we have briefed over the past few months. Indeed, my noble friend Lady Hodgson was with me at our first meeting at Buckingham Palace. She recently declared at a reception specifically for women peacekeepers at Buckingham Palace her commitment to the agenda for women, peace and security and, importantly, her engagement directly with the PSVI agenda.

The UK has also participated directly in survivor-focused events in other countries. Recently, Luxembourg hosted a successful Stand Speak Rise Up! event; the UK brought together international legal experts at Wilton Park; and other events will take place during the course of this year, primarily through institutions of the UN. Germany will be focused on this agenda during its presidency of the Security Council. We will again work hand in glove with like-minded partners to ensure that the focus and international attention are not diverted but sustained and strengthened during 2019.

I said last year that 2019 should be the year of PSVI. I am sure the noble Baroness, Lady Featherstone, or anyone who has worked in any form within government, will recognise that sometimes it is slightly easier to start an initiative—no doubt, getting it off the ground is difficult—but my experience over the past 12 months has been that to sustain and strengthen an initiative needs equal commitment.

I am therefore grateful to noble Lords who are here today and others who have worked together. As the noble Lord, Lord Collins, rightly pointed out, I have welcomed the direct input and will continue to do so. I invite all noble Lords here today to help us to plan effectively so that we put victims and survivors at the heart of our conference in November.

In line with the rest of our PSVI work, the outcomes of the international conference will be built on the three essential foundations to which the noble Lord alluded: addressing the root causes of conflict-related violence; tackling the stigma associated with it; and, most relevant for today’s debate, achieving justice and accountability for survivors.

The noble Lord, Lord Alton, mentioned situations elsewhere in the world—in Pakistan and so on—and I am cognisant of the role of faith leaders, a voice which, as the noble Lord, Lord Collins, said, needs to be heard more clearly and loudly. As part of tackling the issue of stigma against the victims, survivors and children born of rape, we are working closely with international faith leaders from all communities and leaders of belief organisations to ensure that there is a declaration of humanity tackling these specific issues at the November conference. Much work is being done directly with faith leaders in this respect.

A key element of our work is focused on enhancing international standards for the collection of evidence in support of prosecution and accountability. My noble friend Lady Hodgson and the noble Baroness, Lady Tonge, touched on these important issues among others. One of the specific outcomes of the PSVI conference will be the strengthening of the Murad code, which is named after Nadia Murad, who I have had the great honour to work with directly. She won a Nobel prize—and rightly so—but dedicated her prize money to a hospital and support for victims and survivors in the country where she suffered.

I have been to Iraq and I have met with the victims of sexual violence from the Yazidi communities. When you look into their eyes, there is a poignancy and a reflection of the experience they have been through. There are no words but their bravery and courage inspires me. I am humbled by the fact that I am leading the Government’s charge on this issue and honoured that I carry the Prime Minister’s title in this respect. This shows that this is not only a commitment for me, the Foreign Office and the Foreign Secretary but one to which the Head of Government, the Prime Minister, is also committed. Alongside that work, as noble Lords have said, there are recommendations from Wilton Park. Together with our international partners, we are examining how to strengthen accountability through the criminal justice mechanism and other methods such as restorative justice to ensure a survivor-centred approach.

The noble Baroness, Lady Featherstone, talked about her experiences, as did my noble friend. I know that we have been looking at how we can impact some of those survivors in places such as the DRC. I confirm that we are supporting a pilot project with the Mukwege Foundation to assess the feasibility of a national assistance fund for the survivors of sexual violence.

Many noble Lords talked about international mechanisms. It was rightly acknowledged in the contributions from the noble Baronesses, Lady Featherstone and Lady Tonge, that first and foremost the primary responsibility for investigating crimes rests with states. We are building capacity in places such as Iraq in that respect. Tragically, though, in certain circumstances there are states that are genuinely unable or, unfortunately, unwilling to act. International mechanisms therefore have to be strengthened and we are working on that priority.

Jurisprudence on the issue has been advanced through the ad hoc international tribunals and hybrid courts of the former Yugoslavia, Rwanda and Sierra Leone, some of which were acknowledged and mentioned by the noble Lord, Lord Alton. I would be pleased to meet him as we build up towards the conference in November to see what more can be done in that respect. Several noble Lords talked about the International Criminal Court. Regrettably, as has been acknowledged, we have seen that decisions do not always go in favour of the survivors. We need not to abandon the ICC but to strengthen the institution, and I assure noble Lords of the UK’s commitment in that regard. That is why we are supporting reform.

I join in the tributes to my noble friend Lord Hague and UN special envoy Angelina Jolie for their continuing commitment, and indeed to my predecessor, my noble friend Lady Anelay. We have worked together on this issue over a period of years along with others in this Room and beyond—my noble friend Lady Helic is another notable contributor—on how to take the issue forward and strengthen accountability in that regard.

I am cognisant of the time. There may be specific questions on which I will need to write to noble Lords but I shall address some of the issues that have been raised. We have so far given £1 million to the International, Impartial and Independent Mechanism for Syria, and we are collecting evidence for possible future prosecutions in that regard.

Several noble Lords raised the issue of Burma, including my noble friend Lady Hodgson. We are working directly on the appalling human rights violations and abuses, including sexual violence, perpetrated against the Rohingya community in Rakhine State. We also hope that the new investigative mechanism in Myanmar will ensure that justice is done.

We are at the forefront of ensuring accountability for the well-documented crimes by Daesh. Many noble Lords will know that it was the UK that championed the resolution at the UN Security Council, and I am pleased that a UK QC, Karim Khan, is leading the investigative team in Iraq. We are working with the Iraqi Government and the Kurdistan Regional Government on this issue to develop accountability and justice mechanisms that can be applied locally through strengthening justice mechanisms within Iraq. The team will support efforts by the Government of Iraq to hold Daesh accountable, and I think we need to learn from those experiences to see how the mechanisms can be strengthened elsewhere.

I am conscious of the great expertise that has been shown during the course of this debate, but I should stress that the UK approach to PSVI goes much further than just supporting justice mechanisms. We will work to foster inclusive and equal societies and help all survivors of sexual violence, girls and women but also the young men who are often affected, a point well made by the noble Lord, Lord Collins.

My noble friend asked about sexual exploitation and abuse carried out by UN peacekeepers. The Government agree, which is why we fully support the UN Secretary-General’s zero tolerance approach to this issue and have given a further $3 million directly to the UN over the past three years towards tackling this crime. As I have said, the UK took the lead on UN Security Council Resolution 2272 which mandates the full and transparent reporting of incidents and demands the repatriation of entire contingents guilty of persistent crimes in this respect. The noble Baroness, Lady Tonge, asked about the US gag rule. If I may, I will write specifically in response.

In conclusion, I thank all noble Lords, particularly my noble friend Lady Hodgson. She and I have worked on this issue over a number of years now. I say to all noble Lords that we will continue to work directly with them on this important issue. As the noble Lord, Lord Collins, said, people might get a bit concerned because so often we use the phrase that we are “together on this and aligned in our commitment”, but irrespective of which party you represent or what perspective you may hold, I am confident that across this House, the other place and beyond, the United Kingdom is wholly committed. Yes, we will include civil society in our international conference later this year. Crucially, we are working with civil society in other states but, most importantly, with the survivors of sexual violence to put them at the heart of the conference and of our work.

I started with a personal reflection and now end with one. As I said earlier, I have been to Iraq, Bangladesh, Bosnia and Kosovo. I have had the honour of meeting survivors of sexual violence such as Nadia Murad but, more importantly, of listening to and working with them. Their fight for justice is our fight. I can assure noble Lords that the UK, and I as the PM’s special representative, will be relentless in our pursuit of justice to ensure that we end impunity and bring justice to the victims and courageous survivors.

Committee adjourned at 7.30 pm.

Yemen: Giving Peace a Chance (International Relations Committee Report)

Lord Ahmad of Wimbledon Excerpts

Monday 1st April 2019 Lords Chamber

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

My Lords, I thank all noble Lords who have participated, particularly my noble friend Lord Howell for securing this debate on the conflict in Yemen and for his long-standing commitment to the subject, not just as chair of the International Relations Committee but in his engagement and involvement with the field of foreign affairs. The Government welcome the committee’s report and thank it for its detailed examination of the issue. I am especially grateful that we have been able to have this debate before the formal response from the Government. As ever, I am grateful for the insight and expertise that noble Lords have provided.

I assure noble Lords that achieving progress in Yemen is a top priority for the UK. That is why my right honourable friend the Foreign Secretary visited Yemen earlier this month. I am sure many noble Lords acknowledge his shuttle diplomacy. It is why he also attended the Stockholm peace talks in December, and why we are using our unique position—as the noble Lord, Lord Hannay, with his deep insight into the United Nations, reminded us—as penholder at the UN Security Council to find a way to end this devastating conflict. As Minister for the United Nations, I acknowledge the importance of our role.

Before I go into the report itself, I shall first address the concerns raised by the noble Lord, Lord Collins, in particular, regarding recent media reports of the involvement of UK military personnel in Yemen and the use of child soldiers in conflict. I hope noble Lords will recognise that I cannot comment in detail on specific deployments, but I can clarify that a small number of British personnel are working in a liaison capacity in Saudi headquarters. They are not, as some have suggested, based in so-called command centres. British personnel have no role, to repeat what my right honourable friend said in the other place, in setting coalition policy or executing air strikes in Yemen.

The noble Lord, Lord Collins, also raised the issue of child soldiers. I reassure the noble Lord that the Government give priority to this matter. He will no doubt recall, as will other noble Lords, that the office of United Nations special representative Virginia Gamba is funded by Her Majesty’s Government. I continue to work very closely with the special representative on this issue. I assure all noble Lords that our position on the recruitment and use of child soldiers is clear and unequivocal: it is simply unacceptable. We condemn it, and I assure the noble Lord that we are committed to ending it in all circumstances. If we have reports to this effect, we will continue to raise the issue vigorously with all parties concerned.

Unfortunately, regrettably and tragically, this is not the first time we have heard reports of child soldiers being used in the Yemen conflict. The UN group of eminent experts found that the Houthis had also forcibly recruited children—some, tragically, as young as eight—in schools and hospitals, and had used them in combat and to plant explosive devices. We raise our concerns about this with all parties to the conflict in Yemen, as I have said, and I can state as Minister for Human Rights that our officials also raised the use of child soldiers as a key issue in the last universal periodic review of Yemen.

I turn to the specific recommendations of the report and the issue of arms exports raised by several noble Lords, including my noble friends Lord Howell and Lord Jopling, the noble Lords, Lord Hannay and Lord Alton, and the noble Baroness, Lady Coussins. The Government do not accept the report’s assertion that our actions on arms exports are,

“narrowly on the wrong side”,

of the law. The UK will not export items if there is a clear risk they may be used in a serious violation of international humanitarian law.

I assure my noble friend Lord Jopling, among others, that all export licence applications for Saudi Arabia are assessed rigorously on a case-by-case basis, using much fuller information than is available to others. In addition, to answer my noble friend Lord Howell, we have provided training and advice to support Saudi compliance with international humanitarian law. We also regularly raise the importance of compliance on this issue directly with the Saudi Arabian Government and other members of the coalition.

My noble friend asked what tests and factors we apply. In the interests of time, I will write to him specifically on this but, to give an insight, our forward-looking assessment looks at the situation in the round. We include: Saudi attitudes to compliance with international humanitarian law; how the key principles of international humanitarian law such as military necessity, distinction and proportionality are implemented; how incidents of concern are investigated; and, importantly, how those responsible are held to account and how lessons are learned. My noble friend will be aware that, in response, the Saudis set up the Joint Incidents Assessment Team on 29 February 2016. The Saudi Arabian Government have also publicly stated that they investigated reports of alleged violations using this vehicle, and that they act on lessons learned. To date, the assessment team has made over 100 statements from its investigations.

I assure noble Lords once again that the UK Government continue to review all arms exports and take our arms export control responsibilities very seriously; we remain confident that our arms exports are consistent with our licensing obligations. To be absolutely clear, particularly to the noble Lord, Lord Hannay, we continue to raise these issues regularly and will continue to review all applications according to these criteria.

Turning to humanitarian aid, I am grateful to all noble Lords who have raised the important role played by DfID and Her Majesty’s Government in this regard. I share totally the sentiment of noble Lords that this is a tragedy beyond all scope; anyone who has visited, reviewed or been involved with the crisis in Yemen—seeing children deprived of vital food and medicine—will know it to be heart-rending. I am therefore proud of the role the United Kingdom Government are playing. I assure the noble Baroness, Lady Smith, that, for Her Majesty’s Government and the Foreign Office, this will remain at the forefront of our priorities on the world stage, notwithstanding the domestic issues of what is happening with Brexit and the Foreign Secretary’s recent engagement. I returned from another United Nations meeting on important issues regarding peace- keeping and the role of women, which I will come on to, only last week. My travel schedule probably reflects the fact that this will remain a high priority on the world stage.

The noble Baroness was quite right to ask for reassurance that aid is reaching those in need. The statistics cited on Hodeidah and Saleef concern the aid that has been delivered, but I fully acknowledge that there is a real challenge in the distribution of aid within the country. The noble Lord, Lord Collins, asked about additional support; that is why additional support is going in. The UK has a zero-tolerance policy on the diversion of UK aid funds, and all the UK Government’s partners and programmes are subject to rigorous and regular due diligence. However, I fully admit that this remains a major challenge for all Governments, not just the United Kingdom. We will continue to work with all parties to ensure that this happens. This concern about how we are ensuring the distribution of aid was also expressed by my noble friend Lord Jopling. At the moment we are working stringently with the UN and NGO partners to ensure that we get full reports of any delays in accessing necessary permits and agreements to deliver vital assistance. I will continue to inform the House regularly on how this situation is unfolding.

At the UN’s Yemen pledging conference in February, we committed an additional £200 million of support for the next financial year. The noble Baroness, Lady Amos, asked about its distribution, which will start shortly; this figure will build on the aid that has already been distributed from our previous year’s commitment. As noble Lords have acknowledged, this takes the overall commitment of the UK to Yemen to over £770 million since the conflict began in 2015. Our support will continue to focus on providing life-saving aid to millions in a country where a staggering 80% of the population are now in need of direct humanitarian assistance. I pay tribute to the work of the noble Baroness, Lady Amos, in this regard; I will continue to look to her deep insight and expertise as we provide support and assistance on this programme.

As my noble friend Lady Anelay also mentioned, the conflict in Yemen has further exacerbated the vulnerabilities faced by women and girls. It is unacceptable that the number of incidents of gender-based violence, for example, have reportedly risen by more than a staggering 60% since the start of the conflict. The UK fully supports women and girls across Yemen through our funding of the United Nations High Commissioner for Refugees and the International Organization for Migration. My noble friend is absolutely right; women have to be involved at the table—not in some corner room or a room in some remote part of a conference centre or hotel. They must be present. As the noble Baroness, Lady Amos, rightly pointed out, they have been absent. This was a key area of focus at the UN Commission on the Status of Women recently, where I represented and led the delegation. We continue to implore both parties through the good offices of the special envoy to ensure that women play their rightful role at the heart of conflict resolution. It is not an option. It is a necessity, and we will play our part to try to make it happen.

I also assure noble Lords that we are working with special envoy Martin Griffiths. In acknowledging his work in this respect, we ensure that his priorities in support of the initiatives we have already set up, such as those acknowledged by noble Lords, including the Yemeni Women’s Pact for Peace and Security, continue to be strengthened. We are also extremely concerned about the recent increase in cholera cases, and are working closely with all levels of the UN response, which is currently being scaled up to the 38 most affected districts in Yemen. Last year the UK contributed 25% of the costs of the first ever cholera vaccination campaign in Yemen through our funding for the global Vaccine Alliance. We will continue to prioritise these schemes as we support humanitarian efforts across the country.

The committee report also recommended a further UK contribution to the UN, including support for the UN verification and inspection mechanism, or UNVIM. I can confirm that we will provide a further £1.3 million to UNVIM this year to support its work in facilitating commercial imports into Hodeidah and Saleef ports and ensuring that weapons are not smuggled in on commercial ships. We have also deployed UK experts to Djibouti, whose presence has increased the number of ship inspections more than tenfold. This has helped to stabilise the level of vital imports going into the ports of Hodeidah and Saleef. In February, for example, the total commercial and humanitarian imports into Yemen met 114% of the country’s monthly food needs. However, I totally acknowledge that distribution is a vital part of that—it is not just about getting it through the ports but about ensuring that it is distributed.

Noble Lords, including the noble Lord, Lord Luce, and my noble friends Lady Anelay and Lord Jopling, raised the important issue of the political process. We note that the committee called on the Government to redouble our diplomatic efforts to achieve peace. I assure noble Lords that we continue to believe—as all noble Lords have pointed out, particularly the noble Lord, Lord Hannay—that a political settlement is the only way to address the worsening humanitarian crisis and bring long-term stability to Yemen. Important progress has been made in this regard. The December talks in Stockholm were a landmark—the first time the parties had come together in over two years. The significance of that cannot be overestimated. The ceasefire in Hodeidah has largely held; challenges remain, but it has led to a significant reduction in military activity across the governorate.

I assure noble Lords that we continue to engage with all parties. The noble Viscount, Lord Waverley, raised the issue of keeping dialogue open, not just with the Kingdom of Saudi Arabia and other parties, including the Houthis, but directly with Iran. I stress that Her Majesty’s Government continue to engage in relationships across the piece to ensure that all parties to the conflict are engaged and play their part in bringing a resolution to it. I also assure noble Lords that there has been sustained British diplomatic effort in support of the political process at both ministerial and senior official level, including urging parties to refrain from provocative action in Hodeidah and to maintain the ceasefire.

The noble Lord, Lord Alton, rightly raised the unfolding issue of the humanitarian crisis. I assure him that our diplomatic efforts are beginning to pay dividends. The situation is vulnerable and still fragile, but we are encouraged by recent steps that have been taken, at least with regard to the increase in humanitarian aid on the ground in Yemen itself.

This year, visits to the region have been made by my right honourable friend the Foreign Secretary, and the former Minister for the Middle East and North Africa, my good friend and former colleague in government, the right honourable Alistair Burt. I join the tributes that have been made from across this House and elsewhere to the unstinting work, focus, dedication, application and expert knowledge that he has shown in the discharging of his duties. He is a colleague and friend who will be sorely missed, and, as someone who led several initiatives in the Middle East, his expertise and insight were vital. I hope that, whatever prevails, in the near future we will see him return to the Government Benches.

I assure noble Lords, particularly the noble Lord, Lord Hannay, whose insights on the UN I always welcome, that we continue to use our seat on the UN Security Council to good effect. Indeed, following the Stockholm agreements, we recently put forward proposals for a mandate to establish a UN mission in support of the Hodeidah agreement. Our work at the Security Council on resolutions has galvanised international support, and it was no small feat to get unanimity behind those resolutions.

I assure noble Lords that the Government have also carefully considered the committee’s recommendation, raised by my noble friends Lady Anelay and Lord Howell and the noble Lord, Lord Hannay, to appoint a London-based special representative on Yemen. At present, in light of my right honourable friend the Foreign Secretary’s personal efforts to advance peace in Yemen, it has been decided not to make such an appointment, but we will keep the situation under continual review.

The noble Baroness, Lady Coussins, asked about the Government’s position on southern inclusion. Governance arrangements for southern Yemen are ultimately a question for the Yemeni people, but I assure the noble Baroness that the UK’s position on southern inclusion is clear: their voice must be heard to ensure lasting peace in Yemen, and the UN special envoy has publicly acknowledged this important role. He has advised his office to help to support the work by including all southern groups, including, as the noble Baroness rightly noted, the STC.

In conclusion, I am extremely grateful to all noble Lords for their contribution. The noble Lord, Lord Judd, gave his perspective. I know that he believes strongly in the attributes of the United Nations, and I listened carefully to his words. On the sentiments raised with regard to arms sales, I assure noble Lords that we take that seriously. I strongly believe that the committee’s report is both timely and important, and we will certainly take note of the contributions made in this debate to ensure that they are also reflected in the formal government response.

I assure noble Lords that the UK is doing all we can to bring parties to the table, to sustain the delivery of humanitarian and fuel aid into Yemen and, ultimately, to find a way to end this devastating conflict. We are at the forefront of diplomatic efforts, including at the UN Security Council, to find a political solution to the conflict—as I know from direct experience—and we are leading on the humanitarian response. I assure all noble Lords, and indeed everyone across this House and the other place, that we are putting our full weight behind the work of the UN special envoy Martin Griffiths—to which I pay tribute—and the UN-led peace process. We are constantly engaging with him to ensure that our efforts are aligned, and we will continue to show leadership as part of international efforts to end this appalling conflict, which has gone on for far too long and has caused millions to suffer.