Kashmir

Afzal Khan Excerpts

Thursday 7th March 2019 Commons Chamber

[Mark Field]

I thank the right hon. Gentleman for his comments. There is a clear intent from the Pakistani authorities to ensure that things are going to be verifiable and transparent, as I have pointed out. That will obviously be tested in time, but we have felt that Prime Minister Imran Khan has taken a positive stance, recognising our concerns about terrorist-related organisations on the ground in Pakistan. Again, we stand ready to work with the international community to try to ensure that any terrorist organisations on either side of the divide that would do harm to Kashmir’s interests and to Kashmiri people are kept at bay.

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank the Government for the steps they have taken to de-escalate the tension between Pakistan and India. The world cannot afford for these two nuclear countries to go to war. We all want to ensure the safety and human rights of the people of Kashmir. It is disappointing that the Minister did not say a single word on human rights in his three-page statement. Does he agree that there is a role for the United Nations and the other independent parties to monitor and report on alleged human rights abuses? The Indian Government have locked up hundreds of Kashmiri leaders. Does the Minister agree that India must remove restrictions on the Hurriyat leadership and accept that Kashmiris are the third party in this conflict?

[Mark Field]

The hon. Gentleman knows that I cannot go as far as to satisfy him on what he said about the idea of Kashmir being a third party. We do not recognise the notional government of Kashmir, for the obvious reasons we have pointed out. On human rights, I referred in my response to the hon. Member for Walthamstow (Stella Creasy) to what we are doing at the UN level. It is important to recognise that we will continue to make representations, as we have in the past, to try to ensure that there is a proper, verifiable process for concerns about human rights, wherever they come from, and I accept that they come predominantly from the Pakistani side about what is happening in Indian-administered Kashmir. We will continue to make strong representations in that regard.

Jammu and Kashmir

Afzal Khan Excerpts

Wednesday 27th February 2019 Commons Chamber

[Mark Field]

I am sorry, but as the hon. Lady will appreciate, we are just covering the same old ground. I well understand that each and every Member here wants to have his or her say for a range of reasons—often because of the diaspora, but often as well because they feel passionate about the relations between India and Pakistan. I suspect that there is little new that I can add, but I thank her for her words.

[Afzal Khan (Manchester, Gorton) (Lab)]

We all condemn all forms of terrorism, and I think we all understand that war is not an option. Many of us have raised this matter multiple times in the House, but have received the same response from the Government time and again. This is an issue between India and Pakistan, but recent events reveal that it is not just an issue between those countries: it desperately requires international attention. The British Government need to facilitate talks and to play a greater role in de-escalating the dangerous level of tension between the two countries. I should like them to do more at a human level to ensure that there is an international investigation of what has happened, and to move towards the core issue, which is the issue of Kashmir.

[Mark Field]

The hon. Gentleman always adopts a measured tone, which I think is important for all our constituents. He should be assured that a great deal of work has already been done by the United Nations in the last fortnight since the latest phase of escalation. Obviously, the events of the last couple of days have been a great worry and there is concern about what may come to pass, but a huge amount of work is going on behind the scenes diplomatically. The UK has an important, although by no means exclusive, part to play at the United Nations, and we shall continue to bring that to bear.

Human Rights: Xinjiang

Afzal Khan Excerpts

Tuesday 29th January 2019 Westminster Hall

[Mr Carmichael]

I have heard that suggested. The evidence around the purpose of the use of DNA harvesting—I think, clearly the fact that it is suggested demands proper investigation. I think it is something that we as a country could do, and that we should lead on exerting pressure for such an investigation; but whether or not that is actually happening, I do not honestly know and I am careful not to overstate the case. What we know, and what is evidenced already, is certainly bad enough.

The human rights report produced by the Minister’s own Department, the Foreign and Commonwealth Office, in June 2018 said of Xinjiang that

“the authorities introduced intrusive security and surveillance measures and cultural restrictions targeted at the Uyghur Muslim population. Thousands of Uyghurs were held in re-education camps after returning from abroad.”

I would suggest, on the basis of what we know now—what has come to light since then—that if anything, that is something of an understatement. I will look with interest to see how that statement is revised in this year’s human rights report.

I am conscious of the shortage of time and am grateful for the support of colleagues who have turned up for the debate. I could say a lot more, but I will focus now on why this matter should concern us and what my asks are of the Minister. First, it should concern us because the United Kingdom is a party to several declarations of human rights, including the universal declaration. The defining characteristic of human rights is surely their universality. An abuse or denial of human rights anywhere is a denial that affects us all.

The issue affects a number of Uyghur Muslims living in this country. “Newsnight” spoke of one case in which a family member had lost contact with up to 20 members of her family, who had possibly been taken into detention. What we know about the threats to the Muslim population in Xinjiang province raises serious questions for our own asylum policy. We know that there are some 10 Uyghur Muslims with active asylum claims at the moment. I know that this is not directly within the Minister’s responsibilities, but the Government should consider following the example of Sweden and Germany and introducing a moratorium on returns to China of Muslims from the Uyghur province.

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank the right hon. Gentleman for bringing this matter to the Chamber for us to debate. The issue is not only the need for pressure in relation to asylum applications and so on. Other authoritarian states are copying that example and piling in and persecuting citizens in a similar way.

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[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Wilson. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing the debate.

I, like many other hon. Members, was not aware of the difficulties that many people are suffering in China until a number of my constituents brought the matter to my attention. When I looked into it further, the work of many NGOs and a BBC documentary brought home to me the extent of the abuse taking place. A recent report by the UN Committee on the Elimination of Racial Discrimination suggested that there was widespread detention of the native Muslim minorities in the Xinjiang Uyghur Autonomous Region. About 1 million adults are detained, most of whom are Uyghur. Alleged forms of torture include forcing detainees to denounce Islam and forcing them to abandon their native language, religious beliefs and cultural practices.

Sadly, the world’s response has not matched the gravity of the situation. The Chinese Government’s claim that the camps are vocational training schools is not credible. There is now significant discussion among US and European leaders of economic sanctions to be directed at key Chinese leaders and security companies. I understand that the Foreign Secretary raised the situation of Uyghur Muslims with his counterpart, Foreign Minister Wang Yi, during the official visit to China in July 2018. However, continued human rights abuses suggest that clearly more needs to be done.

Will the Minister provide urgent assurances that the British Government will step up their efforts to hold the Chinese Government to account for those blatant human rights violations and urge the Chinese authorities to stop the practice of mass internment and close the camps? Will he give an update on the current situation and tell us what representations the Government have made to the Chinese authorities?

Oral Answers to Questions

Afzal Khan Excerpts

Tuesday 4th September 2018 Commons Chamber

[Harriett Baldwin]

I did see reports of that very unfortunate incident. I am not clear whether there was any UK Government involvement, but it was a very sad incident. The summit we will host in October will see delegations from all over the world putting their heads together on the ways in which we can tackle the issue, both through law enforcement and through creating areas and safe space for species, and other ways in which we can work together with the rest of the world to tackle this hideous trade.

[Afzal Khan (Manchester, Gorton) (Lab)]

2. What recent assessment he has made of the political and security situation in Myanmar.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr Jeremy Hunt)]

The situation in Burma/Myanmar remains of real concern. On 27 August, the United Nations fact-finding mission published a report that said that there were grounds for prosecution of members of the Burma military for war crimes, crimes against humanity and genocide. In the face of such serious allegations, no country that considers itself humane can stand back and do nothing.

[Afzal Khan]

The UN’s report states that the violence against the Rohingya continues to bear “genocidal intent”. As the official UN penholder on Myanmar issues, the UK has so far failed to refer it to the International Criminal Court. Does the Secretary of State agree that ethnic cleansing must not go unpunished, and will he commit to pushing the UN to refer Myanmar to the ICC?

[Mr Hunt]

I very strongly agree with the hon. Gentleman that ethnic cleansing, in whatever shape or form, wherever it happens, should never go unpunished, and that the perpetrators of these appalling crimes must be brought to justice. He is right to say that the UK has a special responsibility as the penholder. I intend to convene a high-level meeting of Ministers in the margins of the UN General Assembly later this month. ICC referral, however, has to happen as a decision of the Security Council, and at the moment it is not clear that there would be consensus on the Security Council to deliver that. I want the hon. Gentleman to be comforted, however, that we will leave no stone unturned to make sure that the perpetrators are brought to justice.

Gaza: UN Human Rights Council Vote

Afzal Khan Excerpts

Monday 21st May 2018 Commons Chamber

[Alistair Burt]

The hon. Gentleman makes a series of assumptions, and I understand where he is coming from. As I indicated last week, the United Kingdom will recognise the state of Palestine when it is conducive to the peace process, but there are more processes that must be gone through. If we are to find out what truly happened in Gaza, there must be a better option than that presented by the Human Rights Council last week.

[Afzal Khan (Manchester, Gorton) (Lab)]

The international community’s immediate focus after last week’s events was on the number of fatalities, but it is also important to dwell on the consequences for the thousands of injured people. Have the Government offered any additional humanitarian assistance to the people of Gaza to ensure that the injured receive the medical treatment that they so desperately need?

[Alistair Burt]

I am grateful for the hon. Gentleman’s question. The short answer is yes. I am in contact with international agencies that are involved in delivering humanitarian medical aid. Gaza’s medical resources, which are already incredibly stretched, will have been put under even greater pressure following the events of the past few weeks. I am looking to see what further the United Kingdom can do beyond the support that we already give to those who provide such help.

Gaza Border Violence

Afzal Khan Excerpts

Tuesday 15th May 2018 Commons Chamber

[Alistair Burt]

The word “condemn” is easy to use; the issue is about trying to get some practicalities out of the situation. Israel’s immigration policy is a matter for itself as ours is for us, but we have already drawn attention to the fact that Israel’s use of it in some circumstances—in respect of human rights defenders and those with different political views—does not make for the opening up of political space. Some time ago, I gave a clear answer to a question about whether the United Kingdom would be dissuaded from talking to B’Tselem, Peace Now and one or two other such organisations. The answer is absolutely not.

[Afzal Khan (Manchester, Gorton) (Lab)]

We cannot talk about a peaceful solution while unarmed protesters are killed in search of it. The situation is untenable and intolerable. Does the Minister agree that we need a radical rethink in our approach to the conflict, and that we could start by recognising Palestine as a state, so that both Israel and Palestine are on the same level?

[Alistair Burt]

I agree with the hon. Gentleman that whatever has been considered until now is not achieving the end objective. We hope for more from the peace process; if that does not come, we will have to think of more radical, in the hon. Gentleman’s word, suggestions. The same basics of protection and security for the existence of the state of Israel, together with justice for a Palestinian state, have to remain the bulwarks of what the international community can take forward, but must ultimately be agreed by the parties themselves.

Protecting Children in Conflict Areas

Afzal Khan Excerpts

Wednesday 25th April 2018 Westminster Hall

[Chris Law]

I could not agree more with the hon. Lady. Every child needs a safe environment where health and education are paramount.

In other words, history will repeat itself through our lack of intervention and as the vicious cycle continues. The findings of this report are stark and the message is clear: we need to take concerted, collective action to turn back the tide of brutality and indifference, and to better protect children in conflict; otherwise, woe betide any chance of conducting peaceful resolutions to conflict on earth in the future.

Turning my attention to the UK Government, the UK is well placed to globally champion measures that will protect and improve the lives of children caught up in conflict. Previous welcome initiatives, such as the UK leadership on preventing sexual violence in conflict and global campaigns on cluster munitions and landmines, have demonstrated that changes in policy and practice can limit the impact of conflict on civilians.

I welcome last week’s announcement by the Foreign Secretary that the UK is now signed up to the safe schools declaration, which commits the UK to take concrete measures towards protecting education in conflict. However, I urge the Minister to commit to going further to protect children in conflict and to introduce practical measures to reduce the impact of conflict on children. They must include updating the Government’s civilian protection strategy to include a focus on explosive weapons in populated areas and measures to address challenges surrounding that, and improving civilian harm tracking procedures by creating and implementing a cross-Government framework, so that child casualties are properly monitored and reported.

Furthermore, funding must be put in place for conflict prevention initiatives, peacekeeping and training for military forces on child protection. We cannot expect to implement these measures without funding designated for that purpose.

There is no doubt that more needs to be done to help children after violence has come to an end. The UK Government have the opportunity to play a leading role in responding to the psychosocial challenges of childhood trauma in conflict. We must therefore invest in programmes for children affected, including providing the right mental health support, training local mental health and social workers and assisting children with disabilities.

Children must be at the centre of reconstruction efforts, which means including them in peacebuilding initiatives and social stability. Those children are the most powerful actors in reconciliation and recovery from conflict. I urge the Minister consistently to champion independent accountability mechanisms at the UN, including stronger justice systems to hold perpetrators of crime to account, and investigations into potential grave violations of children’s rights. I look forward to hearing views from across the House on what we can do to help innocent children who are caught up in conflicts around the world and exposed to the most serious forms of violence imaginable.

[Afzal Khan (Manchester, Gorton) (Lab)]

I have been listening to the hon. Gentleman, who said that 350 million children around the world are suffering because of war. Does he agree that we should focus a lot more on prevention of such conflicts, bearing in mind the huge impact that they have on young people, including in later life?

[Chris Law]

I agree, but unfortunately certain nation states decide that war is their only option, and children are the biggest casualties of that. Prevention of war would be the ultimate best step forward, and children who have unfortunately been caught up in war in their own nations should be involved in any future prevention strategies. All children deserve peace, safety, security, and an opportunity to thrive in life, and no effort should be spared to give them a better future, free from the horrors of war. All hon. Members must fight tooth and nail to ensure that every child has access to health, education and a safe environment free from conflict and war.

I began this debate by asking Members to consider three images of young children caught up in conflict that we, and the world, are well aware of today, and I will conclude by reminding us all that such images are nothing new. Back in 1972, another image that we are all aware of shocked the world. It is of a child nicknamed “napalm girl”. She was only nine years old, naked and screaming in pain, and running towards a photographer after an aerial napalm attack on a village. That image helped to bring the Vietnam war to a close one year later. The name of that girl is Kim Phúc, and today she lives in Toronto with her family. Not only is she a motivational speaker, but she also helps other child victims of war around the world. Sadly, however, her story is unique and does not reflect the grave situation we face today. Let us begin to put an end to such photographs in our media, and to the horrific statistics of one in every six children worldwide living in conflict. Until then, however, let us keep those photos in our mind, and focus on the real losers in war, who are of course the children.

Myanmar: Rohingya Minority

Afzal Khan Excerpts

Monday 16th April 2018 Westminster Hall

[Helen Jones]

I absolutely agree with my right hon. Friend, because the Burmese Government and the Burmese military have been ratcheting up tensions in Rakhine for years, sending more and more troops there. Their response was indeed disproportionate. Some 620,000 people fled their homes, and more are coming every day. There is clear evidence of the use of landmines, rape and the burning of villages. Indeed, we could all see the burned villages on our television screens. Most of those people are now in camps in Bangladesh.

While Bangladesh was very generous in opening its borders, it does not classify the Rohingya as refugees, meaning that they are denied some of their rights under international law, including the right to request resettlement in a third country. As the International Development Committee said in its very moving report, those camps are now at risk from cyclones and the monsoons. The camps are in an area prone to cyclones, but there are no evacuation procedures or shelters. The area around the camps has been deforested for fuel, weakening the ground. The camps are built of very flimsy materials. When the monsoons come, they are likely to overwhelm the sanitation systems in the camps. Sewage will flood the area, causing a health emergency. As the Committee baldly put it, people will die. That is why it is very important that the Government redouble their effort to convince the international community to give more immediate aid to stop that health disaster.

At the same time, we must be clear with the Government of Bangladesh that these people deserve to be recognised as refugees, for that is what they are. Bangladesh is building a new camp—an island camp, which those who saw it on “Channel 4 News” will agree looks much more like a prison camp—with the help of the Chinese. The fear is that they want to make conditions so appalling that the Rohingya will have no alternative but to return home, whether it is safe or not. It is clear that the Bangladeshi Government’s aim is to ensure that the Rohingya are repatriated. That may be a laudable ambition in the long term, but the Rohingya cannot return while violence continues in Rakhine, while they are not recognised as citizens of their own country and while there is no humanitarian access to monitor their return.

The Bangladeshi Government have signed a memorandum of understanding with the Burmese Government about the return of the Rohingya, but no one knows what it contains. While the British Government have rightly said that any return must be “safe, voluntary and dignified”, we need to persuade the whole international community to stick to that, because frankly the Burmese Government’s record on dealing with returnees is appalling. The Rohingya who were displaced earlier are still in camps that are in reality prison camps, which the UN Assistant Secretary-General for Humanitarian Affairs said display

“a level of human suffering…that I have personally never seen before”.

The Burmese Government are now building a new camp with money diverted, it is said, from World Bank aid. It, too, will be a prison camp. Last week, the Bangladeshi Government signed a memorandum of understanding with the United Nations High Commissioner for Refugees about returnees, including the right of humanitarian access, but Burma has not signed up to anything like that and there is no indication that it will change its mind.

[Afzal Khan (Manchester, Gorton) (Lab)]

Does my hon. Friend agree that, whatever memorandum of understanding the two Governments sign, nothing will happen unless we deal with the root issue and the refugees’ fear?

[Helen Jones]

My hon. Friend is absolutely right. That will entail the things I have listed: cessation of violence, recognition of citizenship and the right of humanitarian access.

The gender-based violence that has been used by the Burmese military also needs to be dealt with. They use rape as a weapon of war. There have been credible reports of girls as young as five being gang raped; of pregnant women being attacked and the babies cut from them; and of other women seeing their children thrown into a well or into a fire before they too are led away to be gang raped. That is a level of barbarity that the world cannot and must not tolerate. Such barbarity can happen only when other people are seen as less than human. It is not, as Aung San Suu Kyi’s website said, “fake rape”. It is happening. It is a war crime and must be treated as a crime against humanity.

Not only does there seem to be little effort to collect evidence to prosecute those responsible for such crimes, but the health services on offer to the women involved are inadequate. Many of the services are situated in the middle of the camps in public view and are run by men, so women are reluctant to go to them. Few people there speak the women’s language. If we think how difficult it would be to describe a rape even in our own language, it must be much harder to try to describe it to someone who does not speak the same language. The UK rightly funds 13 women’s centres, giving help to more than 10,000 women and girls, but nearly half a million are in need of help, and a greater effort from our partners is needed to meet that need.

There are reports of gender-based violence within the camps and of women and girls being trafficked. It is significant that when Cardinal Bo from Burma and Cardinal D’Rozario from Bangladesh recently came here, they met our anti-slavery commissioner, because they are fully aware of what is going on in the camps. There are also reports of child marriages, sometimes driven by families in such absolute poverty that they can no longer care for their children, and sometimes by a system that gives food aid to family groups rather than to individuals. That piles tragedy upon tragedy for the people involved, and yet we seem to be reluctant to collect evidence of what has happened.

The UK sent two civilians to Bangladesh to advise on how to collect evidence of sexual violence, but where is the rest of the world? Time after time when such things happen, Governments shake their heads and say, “Never again”, but that is not good enough. We said it after Bosnia and after Rwanda. We keep saying it. Neither is it good enough to ask the Burmese military to investigate themselves. They have cleared the army of any crimes, even those we can see on our screens. In the end, the only way to deal with such crimes is to ensure that evidence is collected and that those responsible are brought before a court, because that is the only way to deter people in future.

It seems the world wills the ends but is reluctant to will the means. That is true of crimes against women and girls and also true of the aid given to those in the camps. Only about 34% of the $434 million required has so far been collected. That means that those in the camps are in conditions much worse than what the world generally recognises as suitable for refugees. They are there in high densities with less than 15 square meters a person. By last December a third of the latrines had failed and 90% of domestic water is contaminated with E. coli. There have been campaigns to vaccinate against cholera and measles, for which I am grateful, but diphtheria is now rife in the camps. When the monsoon comes the health crisis will be made worse because people are so closely packed together.

I am proud that this country pledged £47 million at the Geneva pledging conference and then added a further £12 million. People complain about aid, but I am hugely proud of my country when it makes such donations because it recognises common humanity. We must work to ensure that other countries step up. Since the attack in Salisbury we have shown that it is possible to use diplomacy to get our friends and allies to act together. The Government must turn their attention to ensuring that the wealthier countries in the world, those who came to the world humanitarian summit and members of the UN, step up to the plate to avert a tragedy in the camps. The UN must ensure that its agencies work together to provide services.

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[Rushanara Ali]

I am grateful for the Minister’s intervention. I hope that other Ministers, particularly in the Department for International Development, are absolutely confident and resolute in defending the aid budget, because it saves lives. Our contributions have saved millions of lives, lifted millions of people out of poverty and helped post-conflict societies to grow into thriving economies.

[Afzal Khan]

I hear what my hon. Friend says, but I find it troubling that developing countries carry more than 80% of the burden of the world’s refugees. Does she agree that, never mind what we are doing, we should think about what more we can do?

[Rushanara Ali]

Of course—I will come to that and the role our Government can continue to play. Although our Government have made generous contributions, we need other countries to do the same. In total, around $1 billion is required to support just the 1 million affected people in Bangladesh. We cannot expect a developing country to cope with that huge cost. There needs to be international support, and I hope Britain continues to play an international leadership role to ensure that that happens.

Others spoke about the important role that the people and the Government of Bangladesh have played in hosting close to 1 million people who have been forced out of Myanmar into Bangladesh in appalling circumstances. More than 600,000 were displaced last September, and hundreds of thousands were displaced following previous attacks led by the Burmese military. I echo the point that the hon. Member for Sutton and Cheam made about the response of the Bangladeshi population. I am of Bangladeshi heritage. I am acutely aware that the Bangladeshi public’s reaction has been positive because they have direct experience of seeking refuge in India during the 1971 war of independence. Many have experience of being internally displaced. Many of my constituents, and people across the country in other Members’ constituencies, also raise money to help, because that connection is well felt. However, this is not a sustainable situation for an emerging economy that itself has a high level of poverty, which is why it is so important that we step up and take urgent humanitarian action.

As Members have pointed out, the monsoon season is imminent. Leaving aside the refugee crisis, Bangladesh often faces huge floods, during which half and sometimes two thirds of the country is underwater. It copes relatively well, but it is not able to cope with 1 million refugees who are not in decent accommodation. Its systems are not geared up to cope. The international community therefore must work hard to ensure that the Government of Bangladesh is open to help from international non-governmental organisations as well as domestic ones to scale up support, which is urgently required, and that in return Bangladesh gets the humanitarian assistance and funding that it requires. The situation is urgent. Lives will be lost—there will be a double catastrophe—if we do not act quickly to ensure that the Government of Bangladesh, with the support of international partners, are prepared for the monsoon season.

This week we host the Commonwealth Heads of Government meeting. Although Burma is not a member of the Commonwealth, Bangladesh is, and other countries in the region have a vested interest in solving this crisis and ensuring that the situation does not get worse. I therefore hope the Minister can explain what representations our Government will make and what they will do to facilitate discussion not just with the Prime Minister of Bangladesh but with other Commonwealth Governments that can help to achieve a more positive result than the one we have now.

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[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hanson. I congratulate my hon. Friend the Member for Warrington North (Helen Jones) on opening this debate and her excellent contribution. The ongoing situation of the Rohingya is devastating, to say the least. For almost all of my life I have been hearing about Rohingya refugees. When I was a child in Pakistan in the ’60s, I heard about tens of thousands of Rohingya refugees coming to Karachi. When I served in the European Parliament, again there was the same situation, and resolutions were passed in that Parliament. Now, as I serve here as a Member of Parliament, again we see horrific suffering. The scale of the violence is unprecedented. It has rightly been said that it is genocide and ethnic cleansing.

Sadly, the world’s response has not matched the gravity of the situation. The Burmese Government must cease human rights violations and forced displacement of the Rohingya. If they do not, the Foreign Affairs Committee’s December report sets out sensible proposals for the British Government to scale up their actions.

The UK has a historical relationship with Burma, and we owe it to them to step up and lead on this. The Commonwealth Heads of Government meeting gets under way in London today, so will the Minister provide urgent assurances that the British Government will step up their efforts to galvanise international support for a robust regime of sanctions on the Burmese? We rightly applaud financial aid for refugee camps in Bangladesh, but that will bring little comfort as refugees face the prospect of monsoon floods endangering encampments and worsening camp conditions.

The Government have supported a UN advisory committee investigating atrocities committed against the Rohingya, but they have not supported referring the Rohingya crisis to the International Criminal Court. They insisted that

“there is no consensus in support of an ICC referral within the UN Security Council”

but that should not prevent them from leading the charge to build and secure a consensus. They can start by building momentum among UN Assembly members at the Commonwealth Heads of Government meeting this week.

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[Mark Field]

Sorry; the hon. Lady is absolutely right. The Swedes have actually been some of the most active members. I barely seem to go anywhere without bumping into Margot Wallström, and she always laments the fact that she has only one other Minister in her Department rather than the array we have in the Foreign Office.

A number of the e-petitions refer to the violence as genocide. The UK Government have recognised that there has been ethnic cleansing and that what has occurred may amount to genocide, or at least crimes against humanity. I have to say to the House again that genocide has a legal definition that can be declared only by a court of law, not by politicians or Governments.

I will go into some detail. As Burma is not a party to the Rome statute, the ICC would be able to consider a case of genocide only if Burma were to refer itself to the ICC, or if the UN Security Council refers Burma to the ICC. I am not suggesting for a minute that we will not go down the path that the hon. Member for Bishop Auckland has suggested, but I am afraid that the reality is that our calculation is that a Security Council resolution application would certainly be vetoed by China and perhaps by Russia. The UK and its EU partners will continue to call upon Burma to refer itself to the ICC, but so far it has not.

I can report today, however, that there has been some movement on accountability, as was referred to earlier. I recognise the frustrations of a number of hon. Members.

[Afzal Khan]

I am trying to understand what the Minister is saying. Why does he think Burma will agree to this referral?

[Mark Field]

We do not expect Burma to agree. I am just trying to go through the process. Bangladesh has ratified the Rome statute and, as the hon. Member for Bishop Auckland said, that could be the trigger for the ICC prosecutor asking the court to rule on whether it would therefore have jurisdiction over the forced displacement of Rohingya into Bangladesh which, if proven, would constitute crimes against humanity. We await the International Criminal Court’s ruling with keen interest and are very supportive of that move. Ultimately, it is a legal matter until we know. The UK stands ready actively to support the ICC should it decide that it has that jurisdiction.

Last week, the Burmese military announced the conviction of seven of its soldiers, who were sentenced to 10 years’ imprisonment. I do not regard that as a show trial. That is an important lesson, not necessarily just in this theatre but elsewhere. I will come on to the plight of the journalists in a moment. We know that the Burmese military have not had a particularly good record of prosecuting and convicting their own soldiers, so I believe that that is a sign, albeit small, that the international pressure for accountability is having some effect.

We have been clear with the Burmese authorities that they must do much more. The international community needs to see a full, independent and transparent investigation into all the human rights violations in Rakhine. The UK will play its part in trying to amass that evidence, but ultimately it will be more powerful if it has UN and international community support. In the meantime, we will continue to support those efforts to collect and collate evidence that may be useful in any future prosecution. I have continued to press at umpteen meetings across the region for the immediate release of the two Burmese Reuters journalists facing trial for investigation into the Inn Din massacre. We will also try to make the case to our counterparts elsewhere that they should raise pressure internationally and whenever they have any dealings with Burma.

Ultimately, we want the Rohingya to return to their homes in the voluntary, safe and dignified manner to which I have referred. The Foreign Secretary raised that issue strongly with the State Counsellor, Aung San Suu Kyi, when he visited Burma in February. He subsequently wrote a personal note to set out what needed to happen for the international community to sit up and listen. He called on Burma to allow the involvement of the UN High Commissioner for Refugees in this important process.

I can report further progress since then. The Burmese Government have proposed a memorandum of understanding to agree how the UNHCR will be involved. The UNHCR is preparing its response. If and when that is finalised, the UK will push for transparency of the full form of that agreement. The hon. Member for Bethnal Green and Bow was rightly concerned that we would like to see exactly what the memorandum of understanding contains. More importantly, we would like to see the swift implementation of any practical agreement once it has been finalised.

Oral Answers to Questions

Afzal Khan Excerpts

Tuesday 27th March 2018 Commons Chamber

[Harriett Baldwin]

My hon. Friend rightly raises the most appalling humanitarian situation. He will be aware that in Geneva—a week after next, I think it is—there will be a big pledging conference to raise money for a humanitarian crisis that the United Nations estimates is going to need at least $1.7 billion of aid in the coming months.

[Afzal Khan (Manchester, Gorton) (Lab)]

T4. Last night I returned from Pakistan where I met the Prime Minister and the President of Azad Jammu and Kashmir. Both shared their concern at the escalating violence at the line of control and at the killing of civilians. This is a nuclear flashpoint area. Does the Minister agree that we cannot leave it to Pakistan and India to resolve the Kashmir dispute, because the stakes are too high and the Kashmiri have suffered for 70 years?

[The Minister for Asia and the Pacific (Mark Field)]

I was at the Pakistani national day celebrations at the weekend as well. I think the hon. Gentleman will understand that there are good reasons why it is the UK Government’s position, and has been in the 70 years since Pakistan and India were formed, that the Kashmir issue should be determined by those two countries. There is not a role for Britain to interfere or intervene. Ultimately, peace will only come when those two communities themselves can find their way to work that out. Clearly, it has to be an issue for the Kashmiri people.

British Nationals Imprisoned Abroad

Afzal Khan Excerpts

Tuesday 13th March 2018 Westminster Hall

[Afzal Khan (Manchester, Gorton) (Lab)]

My hon. Friend is absolutely right to ask that the Foreign Secretary meet the family. I have had many constituents contact me about this case. They are deeply concerned, because many of them visit India and they want to make sure that the proper protections are available. It would be appropriate for the Government to give higher priority to this case.

[Preet Kaur Gill]

As my hon. Friend suggests, lots of individuals have approached many Members, from all parts of the House, stating that they are very concerned about visiting India, given what has happened in Jagtar Singh Johal’s case. I therefore ask the Minister whether the Prime Minister will raise Jagtar’s case with Narendra Modi when she meets him next month in London, given that she spoke to the BBC and showed interest in Jagtar’s case within days of his abduction and torture.

On a broader level, I would like the Minister to give an update on the case of Nazanin Zaghari-Ratcliffe. Once again, Nazanin has had no access to consular services. She was placed in solitary confinement for eight and a half months in a cell measuring just 1.5 by 2 square metres and has been subjected to maximum psychological pressure, with the intention of demoralising her and putting her in a completely powerless situation. She has faced prosecution for the charges levelled against her in a secret and unfair trial. Her treatment has had a severe impact on her mental and physical health. As hopes for her release were dashed over Christmas, what action are the UK Government taking to ensure that she is protected from any further torture and ill treatment, and that she is released as soon as possible?