Human Rights Abuses and Corruption: UK Sanctions

Nigel Evans Excerpts

Thursday 21st July 2022 Commons Chamber

[Jim Shannon]

I certainly would, and I agree with the hon. Gentleman’s analogy of the seamless garment. I believe that human rights and religious belief work together and that when we attack one, we attack the other, so I have absolutely no compunction in agreeing with him on that. I will say that and put it on the record.

During the ministerial conference, numerous violations of freedom of religious belief were highlighted. For those cases, the threshold of evidence needed for Magnitsky sanctions was more than high enough. I want to raise one case in particular. Even though it has already been mentioned in today’s debate—the right hon. Member for Chingford and Woodford Green has been to the fore in this matter—the situation in Xinjiang deserves special attention, especially as this House, the Home Secretary and our closest allies recognise that there is overwhelming evidence of genocide against Uyghur Muslims.

Since 2003, the Chinese Communist party has sought to eradicate—I use that word on purpose; the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) used it as well—the Uyghur culture from China. For nearly 20 years, there has been a systematic approach to Uyghurs that has led to mass forced labour, forced relocation, the detention of up to 2 million people, arbitrary torture, forced sterilisation, executions and even organ harvesting on a commercial basis. As China commits these crimes, it also seeks to profit from the detention of the Uyghur Muslims, and as the arrests have increased, so has the economic output of the region.

This is where Magnitsky sanctions can make a real difference and where the UK can start to implement its duty to prevent genocide under the 1948 genocide convention. This is exactly the kind of situation the regulations were put in place for. Indeed, in 2020 Her Majesty’s Government announced co-ordinated action with the EU, the US and Canada to introduce sanctions on four Chinese Government officials and the public security bureau of the Xinjiang Production and Construction Corps, which runs the detention camps in the region. However, unfortunately and disappointingly, the UK Government have refused to impose sanctions on senior Chinese Government officials who are known to be directly involved in perpetrating the abuses, including the six perpetrators who have been sanctioned under near-identical legislation in the United States of America. This is part of a trend where the UK is getting slower in protecting global human rights. I say this disappointedly and very respectfully to the Minister, who I know has the same level of interest in protecting global human rights as I have. I am proud of our country’s commitment to upholding human rights on the world stage and that we are seen as global leaders in this field, but this reputation should not be taken for granted.

In the first year of the UK’s Magnitsky sanctions regime, 102 perpetrators were sanctioned for human rights abuses. However, the following year this fell to just six perpetrators. In the same period, the United States sanctioned more than 130 individuals or companies, again under near-identical legislation, when the threshold of evidence was met for both the UK and US regimes. The major question that everybody is asking is: if the American Government can do it, why can’t we?

The Government’s own impact assessment for the global anti-corruption sanctions legislation stated that the policy envisaged the UK working

“more closely with international partners, including the US and Canada”.

Clearly we are failing to keep pace with sanctions designations. This lack of co-ordination not only weakens the impact on perpetrators but encourages sanctioned individuals to use the UK as a safe haven to profit from corruption or human rights abuses, as many Members have said today. It also sends a message that the UK is unwilling to condemn such behaviour. As of today, the UK has sanctioned only 20% of those sanctioned by the United States. We need to do better. When I and others in this House raise specific questions on sanctions in this Chamber we always get the same response—namely, that it is the policy of the Government not to discuss specific individuals before sanctions are enacted. For goodness’ sake, just do them! Just follow what everybody else does. More transparency is needed from the Government and there is need for increased parliamentary oversight.

I will finish with four questions to the Minister, and I am sorry that I seem to be rushing. That is “rushing” as in rushing my words, not as in Russian. I have questions I want to ask the Minister. What steps have the Government taken to co-ordinate or share evidence of abuses with the United States and the other 22 countries with Magnitsky sanctions legislation? Does the Minister agree that Magnitsky-style sanctions can be an appropriate tool to help to prevent genocide and other crimes against humanity? Will the Government expand the sanctions on perpetrators of atrocities in Xinjiang province? Finally, will the Government use evidence presented in the international ministerial conference on freedom of religion or belief, held just a few weeks ago, to enact sanctions on perpetrators of egregious abuses of the rights of religious minorities? I know that the issue is close to the Minister’s heart, and we are looking for a substantial response. No pressure, but I want the right answers today.

[Mr Deputy Speaker (Mr Nigel Evans)]

We now come to the Front Bench contributions.

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

I, too, begin by thanking the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and the hon. Member for Rhondda (Chris Bryant) for securing this debate. I also put on record my appreciation for all that they do as co-chairs of the all-party parliamentary group on Magnitsky sanctions. I also thank those who have spoken in this debate—the hon. Members for East Worthing and Shoreham (Tim Loughton), for Hammersmith (Andy Slaughter), for City of Chester (Christian Matheson) and for Rutherglen and Hamilton West (Margaret Ferrier), and my hon. Friend the Member for North East Fife (Wendy Chamberlain), as well, of course, as the hon. Member for Strangford (Jim Shannon).

It is essential that we take every opportunity in this House to talk about the plight of the Uyghurs in Xinjiang, the Rohingya in Myanmar and the Yazidis in Iraq, and that we shine a light on state corruption and abuses of human rights where we see them. That is why the passing of the Magnitsky law in 2020 was so important, putting in place a system whereby meaningful sanctions can be taken against states, institutions and individuals involved in human rights abuses or corrupt practices. It was an extremely important first step, but it was only the first step, because having the law in place and not using it effectively is almost as bad as not having the law there at all. The APPG’s report “Stuck In First Gear” makes for depressing reading for those of us who desperately want to see the United Kingdom lead the way in freezing the assets of, and imposing meaningful sanctions on, individuals and states who commit the most egregious human rights violations.

It appears that having given themselves the power to do something significant and meaningful, the UK Government are becoming increasingly timid in the exercise of that power. As the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and the hon. Member for Rutherglen and Hamilton West pointed out, from a first-year high of 102 sanctions, there were only six in the following year. As my hon. Friend the Member for North East Fife and the hon. Member for Strangford said, in highlighting the ongoing abuses in Bahrain and China, as much as we would all love to believe that things were getting better around the world and the situation had improved so much, we know that it simply has not. Indeed, it could be argued that things are getting much worse. It is therefore extremely disappointing to learn that in the opinion of so many highly respected members of the APPG there is a paucity of ambition when it comes to using the legislation effectively and consistently.

Lord Ahmad said:

“Sanctions work best when multiple countries act together…to send a political signal that such behaviour is intolerable.”

But, as we have heard, when the United States announced sweeping sanctions against 16 countries and many individuals, the UK used the power only once against an individual and on four occasions against the Myanmar regime. Why are the powers not being used in a co-ordinated fashion and in tandem with our democratic allies? Perhaps the Minister could enlighten us as to exactly what was the behaviour that the United States saw at the end of 2021 in China, Bangladesh, the Democratic Republic of Congo, South Sudan, Liberia, Syria, Ukraine and Iran that they deemed to be intolerable but which the UK Government presumably found to be tolerable?

Yesterday, I and my hon. Friend the Member for Livingston (Hannah Bardell) were in contact with Richard Ratcliffe who, along with his wife Nazanin, has repeatedly called on the Foreign Secretary to use Magnitsky sanctions and whatever other options are available to better protect British nationals who are being illegally or arbitrarily detained overseas. As the hon. Member for Rhondda said—Richard made this point, too—the Foreign Secretary has had in her possession since last September a file containing 10 names of Iran’s hostage takers, including three people directly involved in Nazanin’s detention and imprisonment. Could the Minister explain why no sanctions have been imposed on any of those Iranian officials, who both we and they know are complicit in the arrest and detention of UK nationals and in human rights abuses against them?

In 2020, the Government’s intention was to take a global leadership role on Magnitsky sanctions. No one anywhere in the House would criticise them for that ambition, but to be a global leader we must ensure that our own house is in order. Further to the important points made by the hon. Members for City of Chester and for Hammersmith, we must close the loopholes in the UK’s financial system.

Earlier this week, we debated the deteriorating security situation in Nigeria, where endemic corruption is taking that country to the brink of collapse. Next year’s presidential elections could be the last chance Nigeria has to prevent itself from descending into chaos and even, heaven forbid, civil war. But that endemic corruption is not just a problem for Nigeria to solve in isolation. Professor Sadiq Isah Radda, the Nigerian President’s anti-corruption tsar, said:

“There are thieves and there are receivers, London is most notorious safe haven for looted funds in the world today. Without safe havens for looted funds, Nigeria and Africa will not be this corrupt. So, for the West to have a moral voice of calling Nigeria or Africa as corrupt, they must shun looted funds by closing safe havens and returning all looted funds to victim countries.”

I urge the Minister, in addition to strengthening and imposing meaningful Magnitsky sanctions, to look strongly, closer to home, at the role that financial institutions here in the City of London are playing in facilitating corruption, to the extent that a Commonwealth country could be on the brink of collapse if something is not done very quickly.

[Mr Deputy Speaker (Mr Nigel Evans)]

The summer Adjournment debate will start at around 2.15 pm, so any Members wishing to take part in that debate should start to head towards the Chamber.

--- Later in debate ---

[Stephen Doughty]

I absolutely agree with my hon. Friend’s point, which emphasises the point that I made about acting multilaterally, quickly, urgently and in co-ordination.

We heard a lot from my hon. Friend and others about Hong Kong. The United States have sanctioned at least 11 officials—from Carrie Lam to Chris Tang—for their role in infringing on the rights of the people of Hong Kong. What is the Government’s trepidation about this? We can look at Ali Ghanaatkar in Iran or Mohamed Hamdan Dagalo in Sudan; the former was head of interrogations in Evin prison, while the latter is responsible for gross human rights abuses in Darfur. I have not even got time to mention the many examples that we have heard from across the middle east and the Gulf states. What of Alexander Lebedev—will the Minister clarify? We know that he has been sanctioned by Canada as a former KGB agent and known associate of Putin. Have we sanctioned him, and if not, why not?

We want the Government to make proper and far-reaching use of the Magnitsky regime that we adopted back in 2020, and indeed the country regimes, but that requires ambition, urgency and proper resourcing. The House has made its voice very clear today; there has been complete consistency across the House, as I hope the Minister has heard clearly. The protection and advancement of human rights should be at the heart of any British foreign policy, and I hope that the agreement that the Minister has heard across the House will result in action commensurate with the violations that are unfolding across the world today.

[Mr Deputy Speaker (Mr Nigel Evans)]

I welcome the Minister to his new role—Rehman Chishti.

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[Rehman Chishti]

I can ask my officials to look at that specific point and come back to the hon. Gentleman on it.

The UK has designated more individuals than any other G7 member, demonstrating our leadership in this field. We also brought forward emergency legislation so that we could respond even more swiftly and effectively. We now have a significantly expanded sanctions directorate within the FCDO to take forward these measures. I visited it this week, where I was impressed by the incredibly hard work everyone is putting in to deliver our objectives. Let me be clear that these measures are working. Sanctions imposed by the UK and our international partners are having deep and damaging consequences for Putin’s ability to wage war.

My right hon. Friend the Member for Chingford and Woodford Green asked about greater collaboration with the US as we move forward on sanctions designations. I will be in the US next week to speak to counterparts, looking at sanctions and how we can work together even more in the coming months and years on this point. That may not be quite what he wanted me to say, but it shows our commitment to work with our international partners. Having come into office 10 days ago, I will be in the US next week meeting counterparts about this specific, important issue.



Meanwhile, we continue to impose sanctions in support of human rights and democracy elsewhere in the world, using our geographic regimes. That includes measures cutting off arms flows to the military in Myanmar, targeting those supporting the Assad regime in Syria, and bearing down on politicians who undermine the hard-won peace in Bosnia and Herzegovina. In recent years, we have boosted the tools at our disposal through our independent sanctions framework. We launched our global human rights sanctions regime in 2020 and our global anti-corruption sanctions regime the following year.

Our global human rights sanctions regime helps us hold to account those involved in serious human rights violations or abuses—including torture, slavery and forced labour—by imposing targeted asset freezes and travel bans. Since the regime was launched, we have designated 81 individuals and entities. We have used it to stand up for the rights of citizens in countries ranging from Russia to Belarus, Venezuela, Pakistan, The Gambia and North Korea. The hon. Member for North East Fife (Wendy Chamberlain) mentioned Belarus. Only yesterday, the other place approved the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022, which will come back to this House in September, allowing for further debate.

China and Hong Kong have been mentioned by parliamentarians across the House. We have taken robust action to hold China to account for its appalling human rights violations in Xinjiang, including systematic restrictions on religious practice. On that point, I thank the hon. Member for Strangford for the amazing work of the all-party parliamentary group for international freedom of region or belief, which he chairs. As a former special envoy for freedom of religion or belief, and having worked with my US counterpart, Sam Brownback, the US ambassador-at-large for international religious freedom, to set up the International Religious Freedom or Belief Alliance—it had 26 member states at the time—I totally understand what such partnership working and collaboration can do to advance interests that are important to both our great countries.

Last year, we imposed unprecedented joint sanctions against those responsible for enforcing China’s oppressive policies in Xinjiang. We took that action alongside 29 other countries, demonstrating the strength of international resolve. We have also led international efforts to hold China to account at the United Nations, taken measures to tackle forced labour in supply chains, funded research to expose China’s actions, and consistently raised our concerns at the highest level.

On Hong Kong, we continue to challenge China for breaching its legally binding commitments under the joint declaration. We have called out its conduct on the world stage. Together with our G7 partners, we have condemned the steady erosion of political and civil rights. We have also opened our doors to the people of Hong Kong through a new immigration path for British nationals overseas, with over 120,000 applications. Moreover, we have suspended the UK-Hong Kong extradition treaty indefinitely, and extended to Hong Kong the arms embargo applied to mainland China since 1989, as updated in 1998.

Although it would not be appropriate for me to speculate about future possible designations, we remain committed to working with partners to hold China to account, and not only China. We remain committed to working with international partners, whether our friends in Canada, our friends in Australia, who apply a similar system of sanctions, or the EU. We will work together, hand in hand, to ensure that everything that can be done is being done to hold those perpetrators to account for serious human rights violations. That is a top priority for this Government.

Our global anti-corruption sanctions regime targets those involved in bribery and misappropriation, stopping them freely entering the United Kingdom and using it as a safe haven for dirty money. The hon. Members for Hammersmith (Andy Slaughter) and for Argyll and Bute (Brendan O'Hara) talked about how we can address the issue of dirty money coming into the United Kingdom. That is also a key priority for the Government. In just over a year, we have designated 27 people, including Ajay, Atul and Rajesh Gupta and their associate Salim Essa, who were at the heart of long-running corruption that caused significant damage to South Africa’s economy.

I conclude by reflecting on the words of Winston Churchill:

“It is wonderful what great strides can be made when there is a resolute purpose behind them.”—[Official Report, 7 May 1947; Vol. 437, c. 455.]

The United Kingdom Government have demonstrated our vision and purpose by taking significant steps on this issue. Of course we can do more, and we will do more. The Government will work with parliamentarians to do all we can to ensure that serious human rights violators are brought to account.

Again, I thank the hon. Member for Rhondda and my right hon. Friend the Member for Chingford and Woodford Green for all they have done. I look forward to working with them when Parliament returns in September. I go to the United States next week, so this timely debate enables me to say to my US counterparts how important this issue is not just for Congress but for Parliament.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call Sir Iain Duncan Smith, I want to tell everyone that there will be a six-minute limit on speeches in the summer Adjournment debate.