UK-Andean Trade Agreement: Human Rights

Tony Lloyd Excerpts

Wednesday 2nd February 2022 Westminster Hall

[Mr Virendra Sharma (in the Chair)]

I remind Members to observe social distancing and wear masks. There will not be an opportunity for the Member in charge to wind up, as is the convention for 30-minute debates.

[Tony Lloyd (Rochdale) (Lab)]

I beg to move,

That this House has considered human rights and the UK-Andean Trade Agreement.

It is a pleasure to serve under your chairmanship, Mr Sharma. This debate concerns human rights and the UK’s trade agreement with the Andean countries of Ecuador, Peru and Colombia. For the benefit of the Ecuadorians present, Ecuador is not one of the countries of concern to me; Peru—though only a little—and Colombia are the objects of my concern.

It is commonly agreed that any trade agreement nowadays should go beyond merely the management of trade flows between different countries. The then Foreign Secretary, who is now the Justice Secretary, said in January 2021 that

“we shouldn’t be engaged in free trade negotiations with countries abusing human rights”.

That is clear and unequivocal. The Minister for the Middle East, North Africa and North America, the right hon. Member for Braintree (James Cleverly), told the Commons last July that

“our commitment to human rights is a foundation stone of our foreign policy… We will ensure that we use our trade relationships not just to export products and services but to export our principles and values.”—[Official Report, 20 July 2021; Vol. 699, c. 800.]

That is a strong, powerful statement.

Even in their report to the House on the trade agreement with the Andean countries, the Government stated:

“The UK has long supported the promotion of our values globally and this will continue as we leave the EU. We want to ensure economic growth, development and labour and environmental protection go hand-in-hand.”

There we have it: human rights, labour standards and environmental protection should all be part of any modern trade agreement.

It gets a little better; there are strong statements in the agreement itself. Article 1 states:

“Respect for democratic principles and fundamental human rights…underpins the internal and international policies of the Parties. Respect for these principles constitutes an essential element of this Agreement.”

Article 269 commits both parties to

“the promotion and effective implementation in its laws and practice…of internationally recognised core labour standards”.

Sadly, there is no mechanism to enforce that. There are no sanctions and no discussion of what we do when things go wrong. There is an acceptance that we should have domestic advisory groups on both sides to represent civil society, trade unions, employers and so on, which could monitor adherence to labour standards and human rights commitments. I shall be asking the Minister where we are with our own domestic advisory group in the UK.

I will start with Peru, which in many ways is an easier case. Peru generates concern around environmental standards. Back in 2017, Peruvian civil society representatives and their European counterparts filed a complaint before the European Commission against the Peruvian Government for failure to comply with environmental and labour obligations under the free trade agreement with the EU, was then the guiding trade agreement. The Peruvian Government continue to fail to establish clear objectives and indicators to monitor progress on tackling these big environmental issues, so there is concern about Peru.

Colombia is a country I know reasonably well. It had a horrendous civil war, which in a way continues. It reached, in part, a negotiated solution. However, that has not stopped the huge erosion of basic human rights, including the right to life and others.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman often brings human rights issues to Westminster Hall about which he and I are on the same page, as we are today. While respect for democratic principles, fundamental human rights and the rule of law should be an essential part of any agreement, does he not agree that we need not simply words but actions? We should not continue to trade with those whose flagrant disregard for and abuse of human rights is prevalent and persevering. I believe that he will now illustrate, in addressing what has happened in Colombia—land grabs and murders of peasant people—that those in authority there have a disregard for life itself.

[Tony Lloyd]

I am grateful for the hon. Member’s support. He is absolutely right. I will continue on exactly that theme.

The United Nations High Commissioner for Human Rights has information about 196 human rights defenders —those who protect the population more generally and go out of their way to act as a human shield—who were killed in 2021. They faced increasing death threats in the aftermath of protests last year. In the first 24 days of this year, 10 human rights defenders were murdered. The International Trade Union Confederation rates Colombia as one of the worst countries in the world for workers’ rights and documents 22 trade unionists who have been murdered in the last year. Colombia is one of the most dangerous places in the world to be active in a trade union.

[Ian Lavery (Wansbeck) (Lab)]

It is good that an issue as important as international human rights has been brought to this Chamber. Does my hon. Friend agree that we have to start dealing with such issues in Colombia? Only on Monday, José González Marín, an agricultural workers trade union representative, was shot six times and killed, the rationale being that he wanted the UK-Colombia free trade agreement suspended. This cannot continue.

[Tony Lloyd]

My hon. Friend makes a powerful case. That someone was shot for being a trade unionist going about trade union activities is simply an outrage. The right to life is a fundamental right. The right to protest is a fundamental right. In this country in the past, trade unionists may have faced imprisonment, but rarely death, I have to say. It is shocking that that is still the way things are in this world.

More than 1,200 Colombian social leaders, often representing the indigenous community, are estimated to have been murdered since the 2016 peace agreement was signed. I was involved in supporting the creation of that agreement, so I bow to nobody in recognising its importance, but we recognise that it did not solve the problem of violence. Worse than that, the UN High Commissioner for Human Rights has verified that at least 46 people—two of them state agents, the rest civilians—were killed during protests, with at least 28 of those killings attributed to the police. One young woman, who may not count as one of the 28, was gang-raped by the police and took her own life as a result.

State repression and widespread killing of protestors by the police breaches every democratic principle known to us all. Rather like my hon. Friend said, the question arises of what the remedy should be. The problem with the Andean agreement is that it ultimately makes no demand on the authorities in Colombia or, indeed, Peru. The UK did not consider the Colombian Government’s failure to uphold many of their obligations under the peace agreement when negotiating the Andean agreement. I recognise that the agreement is a roll-over of the EU agreement, but the human rights commitments are nevertheless real, despite the violations that contravene the commitments of the Colombian Government, who have failed to live up to their own expressed intentions.

Will the Minister say where we are on this? I recognise that the treaty is in transition. What do we say to the Colombians and to the Peruvian Government about the gross breaches of the standards to which they agreed and to which we as a country are committed to uphold in our trade negotiations?

Like my hon. Friend, the Trades Union Congress has joined the Colombian trade unions in asking for the agreement to be suspended until there are effective measures to ensure that human rights are observed and, in the case of Peru, that environmental and labour standards are upheld. Clearly, in the absence of any capacity to do that, what matters is how we monitor human rights abuse. What do we do in terms of our dialogue with the Colombian authorities?

I mentioned that there is provision in the treaty for the establishment of domestic advisory groups that ought to be able—through civil society, trade unions, employers’ organisations and civil organisations such as non-governmental organisations and the like—to say what the situation is on the ground and to be listened to. Only by listening away from Government sources do we get the real information on the ground.

I have listened over the years. I was a Minister in the Foreign Office years back. As a recipient of Foreign Office advice about Colombia from our embassy, I did not always find it to be as complete as the information that one would get from civil society and from those on the ground who saw the erosion of standards in people’s real lives and, brutally, people’s real deaths. Where are we up to with the establishment of the domestic advisory groups? It is so important that we have the capacity to monitor, to inform and, where appropriate, to give real criticism and look at whether we want to be part of a trade agreement that is so lacking in enforcement.

More broadly, will the Minister comment on our policy with respect to free trade agreements and human rights clauses? If this is the example that we are using with other regimes where we know that there are regular human rights abuses, we will be creating a very difficult future for our commitment to maintain human rights and to maintain pressure on labour standards and, importantly, environmental standards. We are likely to be talking in the near future to Brazil and other Governments in Latin America. I have to say that the present Brazilian Government would probably not pass muster in terms of their commitments on human rights standards, so what does the Andean agreement say about our ability to work in the future where human rights are central to the whole operation?

I know that the Minister is a trade Minister and is not directly responsible for our embassies, although there are trade representatives in them. What kind of information and advice pertinent to the agreement do the Minister and her colleagues get from our embassy in Bogotá? The ambassador is due to speak to groups of MPs in the not-too-distant future, so I hope that we will hear that directly from him, but he will perhaps give a little more information to Ministers than to a Back-Bench MP, however interested in Colombia I am.

[Ian Lavery]

Does my hon. Friend agree that we expect human rights issues in countries to be discussed and ironed out in free trade agreements, arrangements, discussions and negotiations? He has just explained how many people have been killed only this year, and it continues. I would think that the UK Government do raise this issue, but the fact that they do so and nothing happens is not acceptable. What does he think should happen with these negotiations? We cannot continue to turn a blind eye.

[Tony Lloyd]

That is almost exactly where I want to end. We have got to an agreement. The Government and the Opposition agree that human rights, labour standards and environmental standards are fundamental. That has been enshrined by the then Foreign Secretary, by Foreign Office Ministers and by trade Ministers too. We are in agreement that Colombia is a very difficult case. Peru is perhaps less difficult, but it nevertheless causes some problems. There are therefore two problem countries out of the three Andean treaty countries. In that context, what is the value of writing human rights clauses into an agreement if, in the end, nothing is done about the erosion of standards?

We have to rethink the way that we do things. We have to rethink whether sanctions or a road map need to be delivered, saying that we expect change and transformation. In the end, we expect to have the capacity, if our interlocuters in Bogotá or other capitals—in Peru, Brazil or wherever—are not conforming, to say, “We really can no longer live with this agreement.” I put it to the Minister that the time has now come to listen to the call, from the Colombian trade unions in particular, for us to suspend this agreement until such time that there is a recognisable road map for human rights, labour standards and environmental improvement.