Debate Excerpts: Robert Buckland vs Rehman Chishti

Human Rights Violations

Debate between Robert Buckland and Rehman Chishti

Wednesday 12th September 2012

(11 years, 7 months ago)

Westminster Hall

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Mr Robert Buckland (South Swindon) (Con)

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It is a pleasure to serve under your chairmanship, Mr Howarth. I am delighted to have secured a debate on an issue that is of real importance to Members across the House. I am glad to see that representatives of other political parties are present to join in discussing such a vital issue.

The debate arises as a direct result of a report published earlier this summer by the Conservative party human rights commission, which I have the honour of chairing. I am particularly grateful to fellow members of the commission, including Members of both Houses of Parliament, Members of the European Parliament and campaigners, for their work and support in helping the inquiry that led to the publication of our report. I am grateful to my hon. Friends the Members for The Cotswolds (Geoffrey Clifton-Brown), who is present, for his work in the oral evidence sessions held during the inquiry, and for Congleton (Fiona Bruce), who is also present, for her unstinting work in that respect.

I also pay tribute to all the organisations that submitted written evidence to the commission and to those who gave oral evidence. A wide range of organisations gave evidence to our inquiry, including Amnesty International, the British Medical Association, the Law Society, Medact, Human Rights Watch, the National Union of Teachers, the Rights Practice and the Peace Brigades. The result is the report entitled, “Professionals in the Firing Line”, which makes a number of recommendations to the Government that I shall deal with in turn.

In the ongoing debate about the state of human rights across the world, one thing is very clear: without the existence of impartial and independent professions and in the absence of proper systems allowing business people to operate with integrity, no society can truly call itself free or open. In other words, the implementation of basic standards of democracy and human rights at a political level will never be enough. Unless a country has a similar commitment to the free conduct of people offering and carrying out professional services—whether they are lawyers, doctors, teachers, journalists or people undertaking legitimate business—not only is the country in question obstructing freedom, but it is impeding its own economic and social development. Regimes in various parts of the world know that all too well, but they perceive the independence of professions or businesses within their societies as some sort of threat to their own political power.

For many years, I have been a member of a profession in England and Wales—the Bar—and its code of conduct tells barristers that among our duties must be the ability, at all times, to conduct cases “without fear or favour”. That is a phrase that the hon. Member for Wrexham (Ian Lucas) will know well from his work as a lawyer. The words “without fear or favour” are very simple, but very powerful. They encapsulate two vital concepts for any professional holding themselves to be truly independent: first, the ability to operate freely and without worrying about any repercussions as a result of their actions; and secondly, the freedom to act without inducement or corrupt practice. In too many parts of the world, fear and undue favour are still all too prevalent in professional work.

Our report focused on several themes. Rather than taking a country-by-country approach, we considered the violations of human rights that are faced by different professions, according to the evidence that we received. We looked at the violations of human rights that are faced by lawyers and, according to the evidence, where the rule of law is weak or absent, lawyers face particular challenges. Whether they are challenging human rights abuses on behalf of political dissidents, representing communities threatened by large-scale economic development or defending people who are alleged to have infringed religious laws, lawyers face considerable infringements.

In places such as Colombia, Mexico, Nepal and Guatemala, lawyers face a range of human rights violations, including death threats, intimidation, stalking, assault, illegal surveillance and defamation. In Colombia, more than 400 lawyers have been assassinated since 1991. Shakespeare wrote memorably about killing all the lawyers but, in a different context and a different time, the lack of truly independent legal advice is a real threat to civil societies, such as that in Colombia.

I have focused on the dangers faced by lawyers. However, it is important to remember that not only are lawyers facing dangers, but the rule of law itself and the independence of the judiciary are under attack. For example, in Iran, the independent Bar Association, which was set up in 1955, was closed down after the revolution, and the majority of its directors were jailed. In the past two years, more than a dozen lawyers who had been members of that association have been imprisoned for defending political prisoners and even worse, because it is more permanent, many have been disqualified from practice.

In China, as it reaches a change of leadership, there again seems to be a crackdown on all forms of political dissent, which poses a particular challenge for lawyers, mainly due to an increase in police surveillance. We think that China has shown a complete failure to respect the United Nations basic principles on the role of lawyers. We have particular concerns about several cases involving the abduction, torture and house arrest or the holding incommunicado of lawyers. Of particular concern are the cases of Cheng Guangcheng, a blind lawyer, who has spent most of the past six years in prison or under house arrest for filing law suits on behalf of women forced to have abortions under the one-child policy; of Gao Zhisheng, a human rights lawyer, who defended Falun Gong and house church Christians and has at various times in recent years been jailed and beaten and is currently still in prison; of the several Molihua lawyers, who have been detained for varying periods in the past year; of the Beihai lawyers, who have been beaten up and arrested on various occasions; and, finally, of Liu Xiaoyuan, a Beijing-based lawyer and friend of the artist Ai Weiwei, who was detained for six days in April last year at an undisclosed location. All those are pretty stark examples of China’s failure to adhere to a basic tenet of human rights.

In Bahrain last year, the prominent defence lawyer Mohamed al-Tajer was arrested without a warrant by masked security officers, who took him to an unknown location and brought him before a military court, in which he was charged with allegations of spreading rumours and malicious news and of inciting hatred towards the regime. His trial was then referred to a civilian court and he has been released from prison, but his legal status is unclear. I mentioned Iran, and it would be wrong not to refer to the case of Nasrin Sotoudeh, who was arrested in September 2010 and is now serving an 11-year sentence for representing the Nobel peace prize recipient Dr Shirin Ebadi as well as many other human rights campaigners.

As a result of the evidence we heard, we have made a number of recommendations for action by the British Government. First, we recommend that they do everything that they can to promote respect for the rule of law and protection for lawyers in all relevant public statements and bilateral discussions.

Secondly, we recommend that the Government develop and maintain relationships with lawyers, especially those at risk and those involved in defending human rights campaigners, political activists and vulnerable communities, and in conducting anti-corruption cases. Embassy staff should visit lawyers and provide opportunities and platforms to meet.

Thirdly, we recommend that all United Kingdom diplomatic missions implement the EU guidelines on human rights defenders and include the protection of local human rights defenders, including lawyers, in their contingency plans for emergency situations.

Fourthly, financial support and technical expertise should be provided to Governments and lawyers to increase understanding of the rule of law and the independence of the judiciary. We also recommend that human rights violations and questions of impunity are investigated so that justice is upheld. Finally, we called for the ratification of the United Nations international convention for the protection of all persons from enforced disappearances.

We then looked at the challenges faced by medical practitioners, whether they be doctors, nurses or other medical workers. We of course dealt with the incidents that arose from the unrest in the Kingdom of Bahrain in 2011, which involved a large number of Bahraini doctors. More than 200 medical professionals were arrested following the direct intervention by security forces in an incident at the Salmaniya medical complex, the largest public hospital. The events that followed are well documented, but the evidence that we heard from a number of professions were of arrests, detention and, sadly, mistreatment. We also looked at the use of military rather than civil procedures to deal with a number of people, and of criminal proceedings to address issues that were more properly the province of professional conduct.

The commission was pleased to note that 15 criminal prosecutions against medical professionals were dropped in March and that, in the aftermath of the unrest, the Bahraini Government set up a national institution on human rights and a new human rights and social development Ministry, and are making some progress in moving their society forward from the position it had reached last year.

We urge the Bahraini Government to allow foreign journalists and human rights organisations to observe such developments, and call on Her Majesty’s Government to monitor their progress so that we do not have a situation whereby lip service is paid to human rights.

We encountered evidence of the threats being posed to medical professionals not only in Bahrain, but in several other countries. We received examples of cases from Syria, Iran and India. In Syria, we heard evidence of the arrest, torture and abuse of health professionals, Sadly, we also heard about the death of a number of professionals in that country.

According to the British Medical Association, there are reports of some doctors being used by the Syrian authorities as tools of repression. In some cases, they were instructed to abuse wounded protesters who sought treatment in state-run hospitals, which is an appalling perversion of the oath that is taken by all doctors and the ethics that surround the medical profession. It is something that any truly free society would regard as abhorrent.

We also heard about the case of Dr Binayak Sen in India. He is a renowned paediatrician and human rights activist who was sentenced to life imprisonment for sedition and conspiracy against the state before being released on bail by the Indian Supreme Court last April. His imprisonment has been condemned by a number of organisations, including Amnesty and Human Rights Watch.

It is also known that in conflict zones, medical professionals are deliberately targeted by those involved. For example, in Sri Lanka, during the final stages of the civil war, the military was accused of intentionally shelling field hospitals, killing doctors and other medical professionals. The United Nations report of the Secretary-General’s panel of experts on accountability in Sri Lanka said:

“The Government systematically shelled hospitals on the frontlines. All hospitals in the Vanni were hit by mortars and artillery, some of them were hit repeatedly”.

In the ongoing and historic ethnic conflicts in Burma, attacks by the Burmese army on clinics and medical professionals are well documented.

As a result of the evidence we heard, we make the following recommendations for the Government: consider proposing an extension to the mandate of the UN Special Rapporteur on the right to health to include reporting on protection for and violations of medical neutrality; work with the International Committee of the Red Cross to develop the project “Health care in danger” to better assure the security of health care workers during armed conflict; and ensure that British diplomatic representatives are present at any trial proceedings involving doctors or other medical professionals where there is evidence that the defendants have been subjected to violations of human rights or are being persecuted as a direct result of fulfilling their professional and ethical medical responsibilities. Finally, we welcome the Bahraini Government’s acknowledgement of the abuses that were committed, and urge the Government to monitor closely the progress of promised institutional change in Bahrain.

We then looked at violations of human rights being faced by journalists and media workers. We were helped by organisations such as Article 19, which works in the area of press freedom. Since 2010, more than 500 journalists have been killed and in 2011 alone at least 97 were killed. Among the most dangerous countries for journalists are Pakistan, Sri Lanka, Mexico, the Philippines and Somalia. It is right to note that Turkey and Uzbekistan have the highest number of journalists in prison.

It is estimated that 145 journalists are in jail around the world, with 67 in Turkey alone. They are mostly being held under anti-terror laws. Media workers are also vulnerable to violence based on gender and to sudden disappearances. At least 10 journalists disappeared in Mexico in 2011. Infringements against the media take place not only in countries with conflict situations or with little or no democratic progress, but in emerging democracies. It is crystal clear that in the overwhelming majority of cases, the crimes against journalists go unpunished. In other words, there is operation with impunity by both states and third parties within those countries.

Belarus is a country of particular concern to the commission. There are a number of continuing infringements against the freedom of journalists to operate. The case of Oleg Bebenin, who was found hanged in his country home in 2010, is one of the most concerning cases. Even though Belarus is in Europe, it is ranked 189th out of 196 countries for press freedom by Freedom House, which is lower than Iran or Zimbabwe. All mainstream media outlets in Belarus are controlled by the state and after a mass media law was passed in 2008 further restrictions were introduced, including allowing state prosecutors and the ministry of information to close or suspend news outlets if they

“threaten the interests of the state or the public”.

That has resulted in the denial of many licences for media groups and an increased risk to media organisations that are hostile to or disagree with the regime.

The position in China regarding the media also concerned the commission. In particular, many bloggers and others using the internet have been arrested in the last year. The Foreign Correspondents’ Club of China reports that more than a dozen reporters, including representatives of international media organisations such as the BBC, CNN and Bloomberg, have been detained or beaten by security officers when they covered possible protests. Zhang Jialong, the former Caijing magazine journalist who covered the detention of the artist Ai Weiwei, went missing in April 2011 after being approached by a person claiming to represent the police. In 2009, the Nobel prize laureate Liu Xiaobo was sentenced to 11 years in prison having been held incommunicado since December 2008.

In Iran, journalists face harassment, torture and imprisonment. They include Faranak Farid, a women’s rights activist and journalist. She was arrested in September 2011 and detained without charge. She is reported to have been beaten so severely that she is now unable to move one of her arms and has lost the hearing in her left ear.

I have already mentioned Syria in another context, but it would be wrong of me not to refer to that country and that regime again in discussing journalists. Several journalists in Syria, including Mohammed Zaid Mastou and Dorothy Parvaz, have been detained.

As a commission, we recommend that the Government take several steps to increase protection for media workers and to promote press freedom. We urge the Government to work to uphold and enforce UN Security Council resolution 1738 on the protection of journalists; we urge the Government to support activities to promote world press freedom day each year; and finally, we ask the Government to help to ensure that press freedom and the protection of media workers are raised in all bilateral and multilateral forums, with specific attention paid to the EU and the UN, and particularly with reference to the Governments of China, Iran, Mexico, Pakistan, the Philippines, Turkey and Uzbekistan.

The report then turns to the violations of human rights that are being faced by teachers. Once again, maintaining the integrity and independence of the teaching profession is vital if future generations are to have access to the truth and understand the world around them in an objective way. It is sad and concerning to note that in far too many regimes and countries teachers themselves are facing oppression and the use of violence by third parties within those countries. We are grateful to the National Union of Teachers for the evidence that it provided.

In countries such as Colombia, Ethiopia and Iran, the situation is particularly concerning. The position of teachers in Colombia remains grave. In 2010, 49 trade unionists were assassinated, 27 of whom were teachers and members of the Colombian teaching union. As I say, the position of teachers in Colombia remains very serious. In 2011, the killings continued; in fact, 29 trade unionists were assassinated last year. And so far in 2012, 16 trade unionists have been assassinated.

In 2009, Education International published a report on political violence against the education sector in Colombia. The report said that between 1991 and 2006 more than 800 Colombian teachers and education workers were murdered. Those killings were carried out primarily by right-wing paramilitary organisations, and once again they were committed with impunity—that means that there was no punishment, no comeback and no consequence as a result of those murders.

One example of such killings is that of Jorge Eliécer de los Ríos Cárdenas, a teacher who was responsible for an environmental education project. In June 2011, he was shot several times outside his school. He had publicly denounced the effects of open-cast mining on his local community and he paid for that with his life.

In Ethiopia, teaching unions have been restricted and teachers who have been active in illegal union activities have faced intense persecution. Teachers who have criticised the Government’s educational policies have been dismissed. In 2008, a new union, the National Teachers’ Association, was established but it was not recognised by the Government. In November 2011, an Ethiopian teacher burned himself to death in protest against human rights violations, having been jailed for helping to organise demonstrations against corruption in government.

In Iran, members of teaching unions have faced arrest and detention, and teachers belonging to religious minorities have faced severe persecution. Last year, the authorities in Iran tried to shut down the Baha’i Institute for Higher Education, which is the only higher education facility for those adhering to the Baha’i faith. As a result, dozens of academic staff were detained. Other cases from Iran that we heard about include that of Farzad Kamangar, a 35-year-old teacher who was imprisoned and charged with “enmity towards God”. He was sentenced to death and executed in 2010. Furthermore, meetings of the Iranian Teacher Trade Association have been prevented from happening and many teachers remain in detention.

After the protests in Bahrain that took place early last year, we have heard examples and received evidence of the violation of human rights of teachers and university professors in that country. In particular, we heard evidence about the case of Jaleela al-Salman, vice-president of the Bahrain Teachers Association. We are concerned about her arrest in March 2011, which took place in her own home in front of her children. We are also concerned about the dissolution of the Bahraini teachers’ union, which happened in April 2011. A new union was established but it was established by a Government ministry, and therefore there are concerns about the integrity and independence of that organisation.

Having considered all the evidence about teachers that it received, the commission makes the following recommendations: we urge the Government to seek systematic protection of the human rights of teachers across the world; we ask the Government to promote the implementation of fundamental labour standards, including the International Labour Organisation conventions 87 and 98; we ask the Government to promote the right of teachers to form trade unions; we ask the Government to seek accountability for crimes committed against teachers and teacher trade unionists around the world, particularly in Colombia and Ethiopia; and finally, we call upon the Government to seek the release of all teachers imprisoned in Iran.

Rehman Chishti (Gillingham and Rainham) (Con)

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I congratulate my hon. Friend on securing this very important debate. He has asked the Government to take certain steps, but does he agree that we also need to urge other countries to establish a body similar to our Joint Committee on Human Rights? I serve on that Committee, which considers whether all legislation is human rights-compatible. Does he agree that we need to encourage other countries to have such a committee, to ensure that all legislation is looked at in the light of human rights?

Mr Buckland

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I am extremely grateful to my hon. Friend for that intervention. He makes a very proper point about the need for more effective political mechanisms for legislators, so that every possible step is taken to ensure that human rights legislation is passed in the country in question. I think that he will agree with my fundamental point that that, in and of itself, is not enough and that more needs to be done at the professional and civil levels to propagate standards of independence, integrity and freedom. Without that kind of culture developing in countries with poor records, such countries cannot be judged to be truly free.

Rehman Chishti

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My hon. Friend has briefly touched on the overall aspect, which is the separation of executive and judicial powers. The fundamental point is that it is great to have lawyers who can carry out their jobs, but it is important to have a judiciary that will give them impartial hearings. The countries that he mentions are affected by that, and unless the situation changes one will not get proper human rights.

All 3 Debates between Robert Buckland and Rehman Chishti

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Oral Answers to Questions

Human Rights Violations