Daesh: Genocide of Minorities

Brendan O'Hara Excerpts

Wednesday 20th April 2016 Commons Chamber

[Brendan O'Hara (Argyll and Bute) (SNP)]

I congratulate the hon. Member for Congleton (Fiona Bruce) on bringing this important debate to the Floor of the House. Judging by the contributions that we have heard this afternoon, no one can be in any doubt whatsoever that this House believes that what has happened to the Christian and Yazidi communities of northern Iraq and Syria is genocide. What Daesh has been involved in is genocide, and we should not shy away from describing it as exactly that.

There have been some excellent contributions. I do not have time to highlight every one of them, but I want to point out one or two. It was welcome that the hon. Member for Liverpool, West Derby (Stephen Twigg), Chair of the International Development Committee, brought his considerable intellectual weight to the debate. The hon. Member for Eastbourne (Caroline Ansell) gave a compelling case for the situation to be called a genocide. The hon. Member for Enfield, Southgate (Mr Burrowes) told the Government that under no circumstances will the matter be allowed to be brushed under the carpet, forgotten or ignored. I was also extremely moved by the contribution of my hon. Friend the Member for Glasgow East (Natalie McGarry), who presented a personal and moving testimony. I heard that testimony for the first time last night, but it was equally moving to hear it again this afternoon. My hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) drew a parallel between what happened in Germany and Europe in the 1940s and what we are currently witnessing in Syria and Iraq.

Much of the debate has been harrowing and, at times, difficult to listen to, but it is important that the voices are heard. If we do nothing else, we owe it to the victims of Daesh’s barbarism and to those who have been subject to a level of depravity that sometimes defies comprehension that we hear what they have to say and listen when they call for help.

What are these people asking of us? It is simply that the Government of the United Kingdom recognise that what has happened to them is genocide and refer their case to the UN Security Council, so that the International Criminal Court can bring those who perpetrated these awful crimes to justice. That is not too much to ask. All the evidence is there to show that what is happening in the areas of Iraq and Syria that are under Daesh control is indeed genocide. Genocide, war crimes and crimes against humanity often tend to be put into one basket, and sometimes there is a reluctance on the part of government to recognise that genocide is taking place, but I argue that we have not only a legal obligation, but a moral obligation to say that this is genocide. When we recognise in this way that these atrocities are being committed, we will be in esteemed company; the Council of Europe, the European Parliament, the United States Congress, US Secretary of State John Kerry and His Holiness Pope Francis have all recognised that this is genocide, and it is time we added our voice to that list—it is the very least we can do.

Genocide is a crime directed against a specific group of people because of what they are as an entity. The murders that inevitably follow are directed against people not because of who they are as individuals but simply because they are members of a group or a community. Genocide is not spontaneous—it is calculated, organised and planned. Genocide requires an intent to bring about the destruction of a group of people because of who they are or what they believe. That intent to destroy distinguishes genocide from other crimes. There can be no doubt that Daesh’s treatment of Christian and Yazidi minorities, and other religious minorities in Syria and Iraq, meets that criteria, as Daesh set out with the intent to destroy any culture or religion that differed from theirs.

In the summer of 2014, Daesh seized the northern Iraqi city of Mosul. Almost the entire Christian community fled for their lives, meaning that for the first time in 1,800 years no Sunday mass was said in the city. As they fled, the Patriarch of Baghdad told the world:

“Christians have fled their villages. They are walking on foot in Iraq’s searing summer heat. They are facing catastrophe and a real genocide”.

As we heard, the overall fall in the number of Christians living in Iraq is alarming. In 2003, there were a reported 1.5 million there but today there are barely 250,000, and the situation is similar in Syria. All of this is part of a deliberate, strategic campaign of fear designed to completely annihilate minority religious groups from the middle east.

Like my friend the hon. Member for Liverpool, West Derby, I had the fortune and privilege earlier this year of meeting a remarkable young Yazidi woman, Nadia Murad. We met because a constituent of mine, Fiona Bennett from Oban, had been up late one night with her child who would not sleep. She turned her radio on and was moved by the story she heard. It was a story of a teenage girl from northern Iraq who had been kidnapped by Daesh. Fiona was so moved by what she heard that she decided to do something about it. She raised awareness of the plight of the Yazidis, raised funds locally and contacted me, as her Member of Parliament. Together with others in this House, we organised for Nadia to come to the United Kingdom in February. I know that Members of both Houses attended that meeting and were all incredibly moved by her first-hand testimony. It was a harrowing listen and, if I may, I would like to share a few sentences from what she told us.

Nadia said:

“We, the women and children, were taken by bus from the school…They humiliated us along the way and touched us in a shameful way. They took me to Mosul with more than 150 other Yazidi families. There were thousands of families in a building there, including children who were given away as gifts. One of the men came up to me. He wanted to take me. I looked down at the floor. I was absolutely terrified. When I looked up, I saw a huge man. He was like a monster. I cried out that I was too young…He kicked and beat me. A few minutes later, another man came up to me. I was still looking at the floor. I saw that he was a little smaller. I begged for him to take me. I was terribly afraid of the first man. The man who took me asked me to change my religion. I refused. One day, he came and asked me for my hand in what they called ‘marriage’. A few days later, this man forced me to get dressed and put on my makeup. Then, on that terrible night, he did it. He forced me to serve in his military company. He humiliated me daily. He forced me to wear clothes that barely covered my body…That night he beat me. He asked me to take my clothes off. He put me in a room with guards, who proceeded to commit their crime until I fainted.”

Tragically, as we have heard in this place, Nadia’s story is far from unique. I, too, was there when Ekhlas gave her awful testimony last night.

Genocide is a deliberate and systematic extermination of a national, racial, political or cultural group. By any measure, what Daesh has been doing to the Christian and Yazidi minorities in Iraq and Syria is genocide. I urge the Minister to listen to the voice of the people, to listen to the voice of this House, to remember the barbarity suffered by the Christians and the Yazidis, and to declare that this is a genocide. Then we can start the process of bringing the perpetrators to justice.

Libya

Brendan O'Hara Excerpts

Tuesday 19th April 2016 Commons Chamber

[Mr Hammond]

Before the formation of the Government of national accord, there was discussion among the international community about how we would deal with Daesh if there was no solution on the ground in Libya. We concluded that it would be pretty much impossible for us to do so. I am very pleased that we now have a Government formed in Libya that we can support to do that job.

[Brendan O'Hara (Argyll and Bute) (SNP)]

The UK’s past intervention in Libya has been an unmitigated disaster. The mess we have left behind has caused enormous reputational damage to the United Kingdom and that cannot happen again. Given that we are offering training and technical support to armed forces away from the front line, will the Secretary of State tell me what armed forces we will be training and supporting, given that Libya has myriad competing militias and groups?

[Mr Hammond]

Another assertion. I can tell the hon. Gentleman that it was not the view of the people I met yesterday that the intervention in 2011 was an unmitigated disaster. It has rid the country of Gaddafi and averted a genocide. He talks in the present tense about training support, and I say yet again that we are delivering no training support in Libya at present. If any request from the Libyan Government for training support were made, it would be for militia groups that had signed up to the Government of national accord’s security plan and were being incorporated into the Libyan security forces that will be formed from them.

Arms Sales to Saudi Arabia

Brendan O'Hara Excerpts

Thursday 28th January 2016 Commons Chamber

[Mr Ellwood]

The Chairman of the Select Committee on Foreign Affairs raises the very important point that whatever theatre of operations we are operating in, there must be the same processes when collateral damage takes place. That applies to us and it must apply to Saudi Arabia. It is fair to say that Saudi Arabia has not been fast enough to respond to the details of the report. We must make sure that that happens.

One purpose of my visit was to ensure that there is transparency, so that people are aware exactly when there has been collateral damage for which Saudi Arabia is responsible, but also when it is not involved. If I may give an example of that, Mr Speaker, the Iranian embassy was allegedly hit. That message did a couple of laps around the world on the Twittersphere. I asked some of the local staff at our embassy to wander down and look at the Iranian embassy. Actually, there was no real damage at all. That is an indication of how we need to get to the truth and make sure that everything is evidence- based.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I am sure that everyone in this House would agree that the report that arrived at the UN is deeply, deeply worrying. It raises serious questions not only about the UK’s arms exports to Saudi Arabia, but about what the British military advisers are currently doing in Saudi Arabia, particularly given that the report states that Yemeni civilians have been deliberately starved as a tactic of war by the Saudi coalition.

It is worth remembering that the UK Government gave just £75 million in aid to Yemen last year, while at the same time raking in £5.5 billion in profits from arms sales over the past five years. It is time for an immediate ban on arms sales between the United Kingdom and Saudi Arabia, and it is time for the Government to make good on the promise that they signed up to in the arms trade treaty. Can the Minister tell me when the Committees on Arms Export Controls will next meet? They should have investigated this case, but have not met in this Parliament. Will he make a firm commitment to work with the United Nations and support an international commission of inquiry?

[Mr Ellwood]

I am sorry to hear that the position of the Scottish nationalists is that they are willing to take what they hear in the media and turn it into British foreign policy. That is incorrect. We need to work on evidence. I am pleased to see my hon. Friend the Minister for Defence Procurement in his place. As he has confirmed, there are many cases in which the Ministry of Defence and I choose to refuse the continuation or start of a licence because we believe that the situation has changed. We do that based on evidence when we know the facts. We do not have a knee-jerk reaction and only later realise whether we were wrong or right.

Daesh: Syria/Iraq

Brendan O'Hara Excerpts

Wednesday 16th December 2015 Commons Chamber

[Mr Hammond]

Maybe I missed something in my hon. Friend’s question. The simple answer is that it is because they are in Syria and until 14 days ago we were not authorised to strike at targets in Syria. A crucial part of our argument was that we needed to take the fight to Daesh in Syria—its command and control headquarters, its supply lines and its sources of economic support.

[Brendan O'Hara (Argyll and Bute) (SNP)]

In the debate just two weeks ago we were told that Daesh in Raqqa represented the head of the snake, and that Daesh posed a real and imminent threat to the security of the United Kingdom. Given that, can the Foreign Secretary tell us what action has been taken by the RAF to diminish Daesh in Raqqa? If no action has been taken by the RAF in Raqqa, why not?

[Mr Hammond]

As I made clear earlier, I cannot talk about individual targets and individual attacks. The hon. Gentleman is right. That focus in the debate was on the command and control headquarters in Raqqa and that has to be the target if we are to destroy Daesh, but we have to go about that deliberately. Rushing to strike Daesh in its headquarters is not necessarily the best way to go about the task. I am not a military strategist and I do not think it would be sensible for politicians, least of all in open session, to try to set the military plan. What I do know is that targeting the leadership of Daesh in a heavily populated city such as Raqqa will require extremely careful planning, the acquisition of a great deal of intelligence and surveillance data, and the proper analysis of those data.

Oral Answers to Questions

Brendan O'Hara Excerpts

Tuesday 14th July 2015 Commons Chamber

[Mr Lidington]

I completely agree with my hon. Friend’s point. The Russian annexation of Crimea and its continued intervention in the internal affairs of Ukraine are a breach of the Helsinki agreements as well as the agreements that Russia and Ukraine came to at the time of the break-up of the USSR. The precedent that has been set is extremely dangerous.

[Brendan O’Hara (Argyll and Bute) (SNP)]

3. What discussions he has had with Ministers in the devolved Administrations on renegotiation of the UK’s membership of the EU.

[The Minister for Europe (Mr David Lidington)]

My right hon. Friend the Prime Minister discussed the United Kingdom’s renegotiation plans with the First Minister of Scotland during his recent visit to Edinburgh. My right hon. Friend the Foreign Secretary spoke to all three devolved Administration leaders in the margins of the recent British-Irish Council. It is a regular agenda item at meetings between the United Kingdom Government and the three devolved Administrations.

[Brendan O’Hara]

The Minister will be aware that the First Ministers of Scotland and Wales have said that it would be unacceptable for any part of the United Kingdom to be taken out of the EU against its will. Given that the Foreign Secretary is on the record as saying that the UK could leave the EU if treaty renegotiations are not to his liking, will the Minister say whether that opinion has been discussed with the First Ministers of the devolved Administrations?

[Mr Lidington]

I do not think the First Minister has ever been shy about making her opinions known to British Ministers. The key point is that British membership of the European Union is the membership of the whole of the United Kingdom. Our membership of international organisations is explicitly a reserved matter under the terms of the devolution settlements. Under this Government, the people of Scotland will at least have the right to a vote on whether they wish to stay in the European Union, which the hon. Gentleman’s party tried to deny them when it voted against the European Union Referendum Bill the other week.

MV Seaman Guard Ohio

Brendan O'Hara Excerpts

Tuesday 30th June 2015 Westminster Hall

[Ian Lavery]

I sincerely hope that these gentlemen are on British soil before the Indian Prime Minister gets here. I believe that the British Prime Minister has spoken to the Indian Prime Minister—it has been at that level before—so the issue has been raised between the two parties. However, the families and everyone else will hope sincerely that these people are back way before then. That is how the situation stands.

The families feel as though there has been an extreme lack of any progress. On many occasions, news has filtered through the system from other nationalities. News about different court dates and important items discussed with, for example, the Estonians and Ukrainians has filtered through to our six UK citizens before any information has come from the Foreign and Commonwealth Office.

I mentioned the Prime Minister to the right hon. Member for East Yorkshire (Sir Greg Knight), and I have spoken to him personally. I have raised this matter on the Floor of the House with him, with the former Foreign Secretary and, on numerous occasions, with the Minister. The question really is: has anybody listened? I do not want to be too critical, but the men are still there after nearly two years. Has anybody listened? The men and their families are extremely angry. The men are still in India; they are not allowed to leave. Their passports are still withdrawn by the authorities, despite the charges of illegal acts being quashed. It is a clear violation of their international human rights. These are innocent people in a Commonwealth country.

I have spoken to the Minister, who I thank for the meetings that he has kindly arranged on this issue. He has stated numerous times that the Foreign and Commonwealth Office cannot interfere in other countries’ judicial/legal systems, but these men have had the charges against them dropped. They are basically destitute. They are stuck in another country—a Commonwealth country—and we should be able to assist. They are innocent.

The series of rather unfortunate events began a long time ago, on 12 October 2013, when the MV Seaman Guard Ohio, a Sierra Leone-flagged vessel owned by AdvanFort, was intercepted by the Indian coastguard off the Tuticorin coast. The vessel had been involved in supporting anti-piracy operations by supplying armed escort services to commercial vessels travelling through a piracy hotspot in the Indian ocean. The crew were arrested and detained by the Indian coastguard near the port on suspicion of possessing arms without the appropriate licences.

The crew of 35 aboard the ship were of different nationalities, including Indian, British, Ukrainian and Estonian nationals. The British crew members were Mr Paul Towers, Mr William Irving, Mr Nicholas Simpson, Mr Raymond Tindall, Mr John Armstrong and my constituent Mr Nick Dunn. All crew members were remanded in custody following questioning on 18 October 2013. Two crew members—the captain and an engineer—were not arrested initially but were later. Q branch then submitted charges against 45 accused persons, including the company, its director, 35 crew members and eight locals, for offences under the Arms Act 1959, the Essential Commodities Act 1955, the Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order 1998 and the Indian penal code of 1860. On 20 October 2013, 22 foreign nationals among the 35 arrested crew were moved from the prison they were in to Chennai Puzhal Central prison.

Not until 18 December 2013 were bail applications made on behalf of all the crew. In the bail plea, the crew alleged that the vessel was coming into the port for supplies. The vessel was stormed by as many as 25 officials from eight different agencies as it tried to enter the port. Counsel for the crew contended that, based on the doctrine of innocent passage as envisaged in section 3 of the UN convention on the law of the sea 1982, no charge could be levelled against the crew. However, the High Court in Madras refused bail, stating that the investigations were still at an initial stage and a release could jeopardise the investigation.

On Boxing day 2013, conditional bail was granted after the crew argued that Q branch had failed to file the charge sheet within 60 days of their arrest. However, on 7 January 2014, the Principal Sessions Court cancelled the conditional bail granted by the lower court. In February 2014, a new bail application was filed. It detailed the brutal treatment of the prisoners and their deteriorating health due to malnutrition, unsanitary conditions, mental harassment and emotional trauma. Conditional bail was granted on 26 March 2014, but the men were not released until 6 April, some 11 days later. However, the British vice-captain, Paul Towers, remained in jail. On 10 July 2014, the charges against the crew were quashed in the Indian High Court in Madras.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I am extremely grateful to the hon. Gentleman for being generous with his time and I congratulate him on the tireless work that he has done to keep this matter in the public eye. This debate allows me to highlight the case of my own constituent, Mr William Irving from Oban, who is one of the six people in India. Is the hon. Gentleman aware that today Mr Irving had the opportunity to meet his son for the first time? His partner, Yvonne, had to take the baby to India to allow Mr Irving to meet his child for the first time. I spoke to Mr Irving’s parents this morning, and they are very grateful to the hon. Gentleman for raising the matter again in this way. They feel, as Mr Irving does, both betrayed and abandoned. All they want is this ordeal to stop. Does the hon. Gentleman agree me that until it does, the Government have a duty of care towards the six detained people and that they must look after them in the way that other Governments seem to be looking after their detained seamen? Our Government seem not to be doing that.

--- Later in debate ---

[Mr Swire]

If the hon. Gentleman will allow me to develop my speech, I will remind people that the matter has been appealed, and the case starts tomorrow in the Supreme Court. That is the Indian judicial process, within the boundaries and confines of which we have to operate.

Consular staff are not investigative officers or legal advisers, nor can they—or any of us—take a view on the guilt or innocence of those to whom they provide consular assistance. Nevertheless, no one in the Chamber this afternoon will fail to appreciate that this has been and continues to be a difficult and distressing time for the men and their families. I am grateful for the opportunity to put on record the Government’s approach to the case and the consular assistance we have provided and continue to provide. We believe that our consular staff have behaved with professionalism despite considerable provocation at times.

[Brendan O'Hara]

The Minister says that the matter is not political, but will he confirm that of the 35 people originally arrested, the Indian contingent have been allowed to go home and seek employment, the 16 Estonians are being subsidised in their food and accommodation by the Estonian Government, but the six British servicemen have been instructed by the Foreign and Commonwealth Office to beg from family and friends to house and feed themselves? Although we are not asking the Minister to get directly involved in the Indian judicial system, there must be a system of support from the Foreign and Commonwealth Office.

[Mr Swire]

I will come to that. At no stage have we asked anyone to beg for anything.

On 12 October 2013, the ship was detained by the Indian coastal guard security off the Tuticorin port in Tamil Nadu. Consular staff in Chennai were alerted on 14 October to reports of a vessel being held, and the Indian legal process began four days later on 18 October. Permission to visit the men was sent on the same day to the Ministry of External Affairs. Consular staff conducted their first prison visit on 21 October and passed on messages to the men’s employer, lawyer and families.

The crew were charged under the Arms Act for being in possession of assault rifles and ammunition, the Passports Act for entering India without a valid visa and the Essential Commodities Act for procuring fuel in India without permission. During the men’s imprisonment, consular staff visited them on no fewer than 18 occasions. Consular staff liaised with the prison authorities to ensure that the men received an enhanced diet, and they raised medical and dental concerns. Staff also helped the men to maintain regular contact with their families, friends and the Mission to Seafarers by passing on letters and facilitating visits. Since the men’s release from prison on 5 April 2014—one was released later, on 19 July 2014—consular staff have continued to provide assistance by liaising with the company AdvanFort, the lawyer, hotel and police, and by putting the men and their families in contact with organisations that offer help from financial assistance to counselling. Ultimately, however, it is each man’s decision whether to take up those other sources of help. Some of the men have also received assistance from private individuals and their own regimental associations.

As the hon. Member for Wansbeck knows, I managed to track down Samir Farajallah, who owns AdvanFort, and I reminded him of his responsibilities, but as I know the hon. Gentleman will appreciate, communication with Mr Farajallah remains extremely difficult. Although, as I have said, we cannot interfere in another country’s legal system, the British Government—the Prime Minister, the Secretary of State for Foreign and Commonwealth Affairs and his predecessor William Hague, who represented one of the men, Nicholas Simpson; as well as British officials and myself—have repeatedly raised the case with the Indian authorities at local, state and national level, urging resolution as quickly as possible. I raised the matter most recently with the Indian Foreign Secretary in my office here in London on 25 June.

As the hon. Member for Wansbeck said, in July 2014 the Madurai Bench of the Madras High Court dismissed all charges against the crew. As is allowed under Indian law, the prosecution decided to exercise its right of appeal and take the case to the Supreme Court in New Delhi, so the legal case continues. At the Supreme Court hearing on 28 April this year, the judge committed to giving a written verdict. The Supreme Court has been in recess since then, and it reopens tomorrow on 1 July. There is no set date for the written verdict, and the hon. Gentleman will appreciate that we cannot request one.

Meanwhile, I am conscious that the decision of the Indian authorities to prevent the men from leaving India until the completion of the legal process has taken a great toll. Among other things, it has meant that they could not support their families through illness and the birth of a first child. We have made representations on compassionate grounds and issued emergency travel documents to some of the men, but I repeat that this is a legal process in which we cannot interfere. That is why consular staff have provided lists of lawyers and suggested that the men seek independent legal advice.

Although we, too, are frustrated by the continuing case, we are unable to demand the release of British nationals overseas. We are unable to interfere in another country’s legal process. However, we have made and will continue to make known our ongoing interest in the legal case at the highest level. Indeed, if things are not satisfactorily resolved by the time Prime Minister Modi visits, the matter will almost certainly be raised at that point as well. We will express our desire for a swift conclusion, and we will continue to do all we can within the remit of our consular service for the men and their families.

I thank all the hon. and right hon. Members who represent the families for continuing to take such an interest in the case, and I am grateful for the opportunity to update the House. I repeat that the Supreme Court hearing starts tomorrow, and we hope that it will issue a swift ruling. We do not want to do anything, inside or outside the Chamber, which could in any way prejudice the men’s chances of an early release and repatriation to their families and loved ones.