Magnitsky Sanctions: Human Rights Abuses

Maria Miller Excerpts
Wednesday 8th December 2021

(2 years, 3 months ago)

Westminster Hall
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Maria Miller Portrait Mrs Maria Miller (in the Chair)
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Before we begin, I remind Members that they are expected to wear face coverings when they are not speaking in the debate, in line with guidance. I also remind Members to have a lateral flow test twice a week if the come to the parliamentary estate. Please be aware of one another as you move in and out of the room.

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None Portrait Several hon. Members rose—
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Maria Miller Portrait Mrs Maria Miller (in the Chair)
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Order. I plan to call the Front-Bench spokespeople at around 6.4 pm. We have four speakers on the list. If you do the maths, five minutes each means that everyone will get in. I call Iain Duncan Smith.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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It is a pleasure to serve under your stewardship, Mrs Miller. As was referred to earlier, I am a co-chair of the APPG and we are in complete agreement about this. I will résumé the list, as it were, though not in the detail laid out by my hon. Friend the Member for Rhondda (Chris Bryant)—and he is my hon. Friend in this case. We should do so without fear of retribution, because that is the natural form of debate. I say that as someone who is already sanctioned by the Chinese Government. My answer to them is: “Yeah, so what?” Several countries have been mentioned. I congratulate the Government on having introduced the Magnitsky sanctions. There is no question that they have shown a willingness to take some actions, and we have put some people on the sanctions list. However, as has been said, we are not going far and fast enough, and that is the whole point of the APPG and of today’s debate.

I will start with China. As I said, I am sanctioned. Today the Prime Minister said categorically, as I understood it, that the policy of Her Majesty’s Government is to have a diplomatic boycott of the winter Olympic games in China. I think I was not alone in hearing him say that. He even illustrated it by saying clearly that not only Ministers but officials would not attend. Thus it is, de facto, a diplomatic boycott. I put that on the record and hope that my hon. Friend the Minister will take back to the Foreign Office the clarity of that statement. As far as we in the Chamber are concerned, and now publicly, this country now has an official diplomatic boycott of the winter Olympics, and there can be no difference of opinion on that matter.

The abuses in China are phenomenal. It leaves all other countries behind it. The level, scale and ferocity of the abuses is unprecedented in modern times, when we think about the Uyghurs and the genocide. I know that the Government do not want to say genocide because they stand by the legal stuff about having to get it either through the UN or the International Criminal Court, but China is not a member of one and we know that it blocks the other. Every other country that I know of—many of great potency, such as the Americans—has declared it a genocide.

The hon. Member for Oxford West and Abingdon (Layla Moran) is quite right that tomorrow there will be the final outcome of the tribunal. There is no question in my mind that new names will come from that in due course, and we will look to get them sanctioned, but there is the genocide of the Uyghurs, the oppression and suppression of the Tibetans over decades, and forced labour camps. We should actually call them what they are, which is concentration camps, not forced labour camps. Why do we try to find another phrase that takes the meaning out of it? As my hon. Friend the Member for Rhondda said earlier, they are concentration camps and this is redolent of that terrible time when turned our back on so many, and so many people died as a result. In addition there are the Christians, the Falun Gong and now the Inner Mongolians. China is arresting and persecuting peaceful democracy campaigners on a daily basis, threatening its neighbours, taking over the South China sea, killing Indian soldiers and threatening to declare war on Taiwan.

I do not know how much more a country can do to tell us its direction of travel. It is not as though the Chinese are hiding it or that it is a secret from us any more—they are very clear. We need to react to that and to make it clear that they will not get away with it. That is why I will repeat the names that have just been mentioned.

In China, we have Chen Quanguo, the Xinjiang Communist party secretary who has been talked about and is the architect of and key to the whole design of what is being done. He was also the key to what was done in Tibet—the Minister will no doubt make that point. We also have the Xinjiang Production and Construction Corps. It is interesting, and unusual, to ban an organisation through Magnitsky sanctions, but it is state owned and clearly a paramilitary organisation, and it is up to its eyeballs in what is going on in Xinjiang.

We also have Sun Jinlong, who has a senior position in XPCC, as mentioned earlier, and very clearly part of the Uyghur genocide suppression. Huo Liujun is the former party secretary of the Xinjiang public security bureau. Critically, he has overseen the area of artificial intelligence and racial profiling—how can we say now, in this day and age, that people are being profiled and chased because of their race? It is almost like reading a book about the 1930s.

In going to Iran, I will not make any more of what has been made of it already, because we are limited in time, except to say simply that Iran is another despotic state that cares nothing for human rights or the rule of law. Again, I will repeat the names that have already been mentioned. Ali Ghanaatkar is head of interrogations and the judge at Evin prison. With the ill treatment of detainees and all the rest that has been mentioned, that man should be on the list. Gholamreza Ziaei, the former head of Evin prison, should also be on the list—no question at all about that—as should Ali Rezvani, an Iranian state media journalist who has also been involved in the interrogation and brutalisation of detainees.

In Sudan, Abdel Fattah al-Burhan—his name has been mentioned, but I repeat it—is the leader and public face of the military coup in Khartoum. He is a brutal individual who commands security forces and is hugely implicated in the ongoing arbitrary detention and enforced disappearance of key players in that area. Mohamed Hamdan Dagalo is commander of the Rapid Support Forces, known for being the Government-sponsored militias that committed gross human rights abuses in Darfur. Many others have been mentioned, but I want to come to Abdul Rahim Hamdan Dagalo, who is reported to be an active member of what security analysts have described as the small security council. He is a brutal individual responsible for the planning and execution of the coup, plus the detention and torturing of many people in that country.

Finally, I mention Johnston Busingye in Rwanda. I reiterate this point: what exactly do the Rwandan Government think they are doing in nominating that well-known and abusive individual who has been responsible for so much of what is going on in that country as an ambassador to London. Goodness gracious me, I have no idea! Do they think that the UK is an easy touch, for some reason, and that they can easily get that individual in here and it will all be all right? We need to see a strong statement from our Government, first and foremost, and secondly—

Maria Miller Portrait Mrs Maria Miller (in the Chair)
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Order. Will the right hon. Gentleman bring his comments to a close?

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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I am just finishing now, Mrs Miller.

Finally, I name Colonel Jeannot Ruhunga, secretary-general of the Rwanda Investigation Bureau, heavily involved in detention and torture. I simply say to my hon. Friend the Minister that the reason I am repeating the list mentioned by my co-chair, my hon. Friend the Member for Rhondda, is that, whatever happens after this, I want to share a part of that. The Government must now sanction those people, at least as a start.

Afzal Khan Portrait Afzal Khan
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I did not wish to speak, Mrs Miller.

Maria Miller Portrait Mrs Maria Miller (in the Chair)
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You were on the list. I call Gareth Thomas.

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Martin Docherty-Hughes Portrait Martin Docherty-Hughes (West Dunbartonshire) (SNP)
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It is great to see you in the Chair, Mrs Miller. Let me congratulate the hon. Member for Rhondda (Chris Bryant) on gaining the debate and the members of the all-party group on the work that they have undertaken to highlight the deep and profoundly worrying human rights abuses across the world.

I am sure we all agree that the abuse of individuals, political and religious groups, and, indeed, minorities across the world by a range of global state actors is well documented, but less well documented are the lesser-known non-state actors now participating in the field of human rights abuse. Nevertheless, the systematic utilisation of global finance to enable those crimes against humanity in many ways remains cloaked in secrecy, underpinned by the rightly named—at least as I see it—dark money.

Dark money is an issue that I and many of my SNP colleagues have taken a keen interest in since 2015. Like the hon. Member for Rhondda in relation to today’s debate, we do so for good reason, believing in an open, transparent political process founded on the rule of law, and believing in parliamentary democracy—a model that seeks to hold Government to account for their actions.

It used to be said that all roads lead to Rome—a very lovely place indeed—yet from my perspective in the political world today, especially in the age of dark money, the road always seems to lead to the Kremlin. The debate takes its name from the late Sergei Magnitsky, a Russian lawyer to whom the hon. Gentleman alluded. Magnitsky uncovered large-scale tax fraud while working for Hermitage Capital based here in London. Sergei, as we know, died in a Russian prison owing to mistreatment.

It is also well known that the previous Government believed that the then existing fraud legislation was actually enough. In February 2018, the then Foreign Secretary, now the Prime Minister, argued that the Sanctions and Anti-Money Laundering Bill provided enough powers. At least some of us would say that, luckily, the then Prime Minister recognised the opportunity to improve existing legislation, and the tone changed with the Government saying they would consider changes to Bill, which has been mentioned by Members previously. We are glad that those came forward.

During the debate, various Members have highlighted some of the most egregious abuses of the dignity of the rights of people and peoples across the globe, from the profoundly familiar way in which the Uyghur people are treated and herded by the Communist party of China to the killing and torture of protestors during the military coup in Sudan. Given that Members have gone into some detail on those points, I will not give another detailed exposition of inhumanity, so let me follow the money that might finance those abuses and undermine democratic governance. Specifically, I want to refer to Scottish shell companies that have siphoned billions of dollars, including from the former Soviet Union, and, in particular, the link, cited by David Leask of openDemocracy, to an Uzbek business empire.

Mr Leask highlights the fact that in a rather unassuming southside-of-Glasgow trademark tenement lies the official headquarters of a company known as Yardrock Development. The investigation by openDemocracy revealed that the company in question is linked to the Uzbek President, Shavkat Mirziyoyev, and it will come as no surprise that this company is a Scottish limited partnership—a company structure known globally as the UK’s “homegrown secrecy vehicle”. Indeed, in recent years, some SLPs have been blacklisted by the United Nations Development Programme, and even by the World Bank, given the ongoing concerns relating to their ability to undermine transparency and good governance. SLPs are safe ports in a storm in murky waters for dark money. They are harbours offering access to doubtful financial probity and dodgy dealings.

Let us go back to Mr Leask’s investigation, which states that:

“In a report published this month, UzInvestigations, a group led by Professor Kristian Lasslett of Ulster University and supported by the Uzbek Forum for Human Rights, found that eight SLPs, including Yardrock Development, owned a total of more than $128m worth of equity in Orient Group companies… UzInvestigations said the Orient Group had risen in prominence with the support of the Uzbek state”

and its leadership—a company with direct links to the President via one of the owning group’s founders and shareholders, Oybek Umarov, who is

“a brother of Otabek Umarov, deputy head of the Presidential Security Service and Mirziyoyev’s son-in-law”.

Additionally, UzInvestigations has highlighted that another senior executive is even the

“son of a serving minister.”

Mr Leask’s investigation also states:

“Umida Niyazova, director of the Uzbek Forum for Human Rights, echoed Lasslett’s concerns. ‘As more wealth accumulates in the hands of those close to senior state officials, the link between extreme economic and political power becomes stronger,’ she said, adding: ‘This is a significant threat to any prospect of democratisation in Uzbekistan.’”

This is a slippery slope of authoritarianism, ably assisted by nepotism and Scottish limited partnerships. If allowed to go unchallenged, corruption in a political process undermines the rule of law, undermines the courts and undermines public confidence in liberal democracy. Corruption opens the door to the abuse of the person, a collective of people, a culture and a political movement. It emboldens those who use dark money to facilitate it. The role of SLPs in Uzbekistan cannot be glibly ignored.

We need only look at what is happening in Hong Kong, which has been mentioned briefly. Hong Kong might not have been in the news as much as it was previously, but that is largely due to the Communist party’s national security law. Let us be under no illusion: what we are witnessing is the death of democracy in Hong Kong.

Maria Miller Portrait Mrs Maria Miller (in the Chair)
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Order. May I encourage the hon. Gentleman to wrap up his speech?

Martin Docherty-Hughes Portrait Martin Docherty-Hughes
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I will indeed, Mrs Miller; I will come to a conclusion in just a moment.

What we are seeing in Hong Kong are freedoms being destroyed and the rule of law, democracy and the right to freedom of expression being totally undermined by the Communist party. Will the Minister give us some clarity on the position on Hong Kong and those in the Communist party of Hong Kong? Can the Minister state that the Government recognise the impact of Scottish limited partnerships on the future of democracy—not only on these islands, but in Uzbekistan—and their role in facilitating the movement of finance that is used to undermine human rights across the globe?

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Wendy Morton Portrait Wendy Morton
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I will come to that specific case a little later. I want to cover the points about how Parliament will be consulted and be part of the process, which was raised by several hon. Members. We recognise the range of views expressed by parliamentarians on the best approach to take on the designations proposals and we are grateful for the interest that they take in that. Of course, they can continue to engage with the Government in the usual ways—such as this debate—or they can write to the Foreign Secretary.

I will turn to some of the more specific questions and countries that were raised. On Sudan, we have condemned the abuses and we will continue to press for accountability, including by considering sanctions. However, we also note the fragile situation there, following the 21 November deal which reinstated Prime Minister Hamdok as a first step back towards democratic transition.

On Rwanda, which the hon. Member for Rhondda raised, I assure him that we are following the case of Paul Rusesabagina—the hon. Gentleman pronounces it better than I do—very closely. I assure him that the Minister for Africa has raised our concerns about due process. On Kashmir, I recognise the concerns. We have raised them with the Governments of India and Pakistan.

On the Uyghur Tribunal, we welcome any initiative that is rigorous and balanced, and that raises awareness of the situation faced by the Uyghurs and other minorities in China. I assure the hon. Gentleman that we are following the work of the Uyghur Tribunal very closely, and will study any resulting report very carefully. Of course, the policy of successive UK Governments is that any determination of genocide or crimes against humanity is a matter for a competent court.

We and our partners continue to press for an end to hostilities in Ethiopia, and for Eritrean forces to withdraw, and we fully support all mediation efforts. I think it is fair to say that the scale of the human rights abuses detailed by the joint investigation report is horrific. I note that the Government of Ethiopia have set up a taskforce to take forward recommendations from the report, and we will continue to consider a full range of policy options, including sanctions.

As I explained, we work very closely with our partners, in particular the US, Canada and the EU, which have Magnitsky-style sanctions legislation. We co-operate very closely with Australia, which last week introduced legislation to its Parliament that grants it the power to impose global human rights and anti-corruption sanctions, because UK sanctions are most effective when backed up by co-ordinated collective action.

The global human rights sanctions and anti-corruption sanctions regimes have given the UK new very important and powerful tools. The designations that we have already made show that we will act to hold to account those involved in serious human rights violations or abuses, or serious corruption, without fear or favour. In close co-ordination with our allies, we will carefully consider future designations under the regulations. Through concerted action, we will provide accountability for serious human rights violations or abuses and serious corruption around the world, and deter those who might commit them in the future.

Maria Miller Portrait Mrs Maria Miller (in the Chair)
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I call Chris Bryant to wind up.