APPENDIX 3
Supplementary memorandum submitted by
the Foreign and Commonwealth Office
1. This memorandum sets out responses to
questions arising following the appearance before the Foreign
Affairs Select Committee on 23 November 1999 of Peter Hain, Minister
of State at the Foreign and Commonwealth Office.
Composition of EU Policy Planning and Early Warning
Unit (QQ 10-12)
2. As High Representative for the European
Union's Common Foreign and Security Policy, Javier Solana has,
working to him, the newly formed Policy Planning and Early Warning
Unit (PPEWU). Within the PPEWU a task force is currently being
set up to deal with horizontal issues within the Common Foreign
and Security Policy. Human rights will be one of its highest priorities.
The three person task force is being drawn from Member States'
Foreign Ministries. Its staff will all have experience of dealing
with human rights issues within their Foreign Ministries.
3. Javier Solana is personally committed
to the promotion of human rights during his tenure as High Representative.
In this remarks to the press on the day he took up his post, he
gave particular prominence to human rights, saying: "I strongly
believe that the Union should strengthen its resolve regarding
the promotion and the protection of human rights anywhere in the
world. All legitimate means can and must be used to discourage
violations of human rights."
United Nations Security Council Humanitarian Panel's
proposals of March 1999 (QQ 19-22)
4. The humanitarian panel was one of three
panels established by the UN Security Council earlier this year
on issues related to Iraq (the other two covered disarmament and
Kuwaiti issues). After the panels had reported to the Security
Council in March, the UK, along with the Netherlands, drafted
and tabled a comprehensive resolution with the aim of translating
into action most of the panels' findings. The resolution incorporates
the vast majority of the humanitarian panel's recommendation,
may of which reflect suggestions which were contained in a humanitarian
paper which we submitted to the panel in March. These recommendations
included the proposal that the 661 Committee approve lists of
humanitarian items including foodstuffs and medicines, on the
basis of proposals from the UN Secretary-General, and that these
goods would not need to be submitted to the Committee for its
approval, except for items subject to the provisions of UNSCR
1051.
5. A resolution along these lines has been
under discussion now for some months. We have made a great deal
of progress in narrowing the differences in the Security Council
and hope that it will be put to a vote soon. Copies of the UK
humanitarian paper and the UK/Netherlands draft resolution as
tabled on 21 June are attached at Annex A.
EU Human Rights Reports (QQ 36-39)
6. As we have previously informed the Committee,
the Government is happy to pass human rights reports from EU heads
of mission to the Committee on request with the usual safeguards.
But these reports are confidential EU documents. The United Kingdom
must respect that confidentiality and cannot, unilaterally, release
the documents to the public. EU Human Rights reporting can contain
information passed to EU Posts overseas in confidence; the public
release of that information may endanger the individuals concerned.
Other individuals or groups referred to in these Reports may also
be endangered by their release. As Mr Hain pointed out during
the evidence session, the reports also frequently contain analysis
and policy advice to Ministers in EU Member States. Having looked
at this issue again, the Government therefore remains of the view
that it would not be appropriate to publish these reports. We
will be writing separately to the Committee with further comments
on this issue.
7. The EU is already addressing the question
of transparency in human rights policy. The EU's Annual Report
on Human Rights—a joint initiative from the Foreign Secretary
and his German opposite number—is available to the public,
including on the Internet, and gives an in-depth account of EU
Human Rights activity throughout the world.
Humanitarian Intervention (QQ 48-52)
8. The Committee asked when our principles
on humanitarian intervention would be made publicly available.
We are discussing some exploratory ideas, in confidence, with
key international partners. These will form the basis of more
formal proposals once we have had time to take on board the initial
views of our international partners. We hope to give the Committee
details of our proposals early in the New Year.
9. The Committee also asked whether the
Government was looking for greater recourse to the UN General
Assembly under the "Uniting for Peace" resolution in
situations where the Security Council is deadlocked (question
62). Under the Charter of the United Nations, the General Assembly
can only make recommendations for action. These would not constitute
a legal basis for action. Our discussions with international partners
are therefore focused on strengthening the Security Council by
building consensus on the circumstances when it should authorise
action in response to humanitarian crises.
Legal Basis for NATO Action in Kosovo (QQ 53-60)
10. The Government's position has been set
out both in Parliament and in the United Nations Security Council.
The Government is clear that the NATO action in Kosovo was legal.
It was justified as an exceptional measure to prevent an overwhelming
humanitarian catastrophe. Every means short of force had been
tried to avert this situation. In these circumstances, and as
an exceptional measure on grounds of overwhelming humanitarian
necessity, military intervention was legally justifiable.
11. The position was explained in Baroness
Symons's written answer to the House of Lords of16 November 1998,
in which she said that cases had arisen (as in northern Iraq in
1991) when, in the light of all the circumstances, a limited use
of force was justifiable in support of purposes laid down by the
Security Council but without the Council's express authorisation,
when that was the only means to avert an immediate and overwhelming
humanitarian catastrophe.
12. We have been at pains to stress that
such cases would in the nature of things be exceptional and would
depend on an objective assessment of the facts at the time and
on the terms of the relevant Security Council decisions bearing
on the situation in question.
13. The Security Council's resolutions on
Kosovo are 1160 (1998), 1199 (1998), 1203 (1998), 1239 (1999)
and 1244 (1999) (copies at Annex B). Resolution 1199 (1998) set
out clear demands on the FRY authorities. Paragraph 4 required
Milosevic to:
— cease all action by the security
forces affecting the civilian population and order withdrawal
of security units for civilian repression;
— enable effective international monitoring
in Kosovo; and
— allow the safe return of refugees
and displaced persons.
14. Resolution 1203 (1998) imposed further
requirements on the FRY, following Milosevic's acceptance of the
Holbrooke agreement for NATO aerial and OSCE ground verifications
missions for Kosovo. The relevant paragraphs are 3, 5, 6, 8 and
12.
15. While the resolutions are to be read
as a whole, we draw the Committee's attention to the paragraphs
in which the Council expressed grave concern at the excessive
and indiscriminate use of force which had resulted in numerous
civilian casualities; at the flow of refugees; and at the rapid
deterioration in the humanitarian situation throughout Kosovo.
In particular the Council expressed its alarm at the impending
humanitarian catastrophe, and emphasized the need to prevent such
a catastrophe from happening.
Christian Christmas Services at British Embassy
Riyadh (Q 80)
16. Christian services were held discreetly,
as usual, at our Embassy in Riyadh at Christmas last year.
China's ratification of United Nations Human Rights
Covenants and UK efforts to encourage ratification (QQ 83-84)
17. China has yet to ratify the International
Covenant on Civil and Political Rights and the International Covenant
on Economic, Social and Cultural Rights, both of which she has
signed. China will become bound to implement the obligations in
the Covenants once they have entered force for China, three months
after ratification.
18. We regularly urge the Chinese to complete
early ratification, with as few reservations as possible, of the
two core human rights Covenants. We do this both at high level
Ministerial meetings and in the course of our regular bilateral
and the European Union dialogues on human rights with China. Ratification
and implementation of the Covenants and greater participation
in UN human rights mechanisms are important items on the agenda
of every session of both these dialogues. We will continue to
keep up the diplomatic pressure on the Chinese in this respect.
We have also offered the Chinese expert advice on how to take
forward the ratification process. We stress to the Chinese in
these exchanges that implementation is as important as ratification.
Human rights in the national curriculum (QQ 121-122)
19. The DFEE have confirmed to us that human
rights will be covered in the citizenship element of the UK national
curriculum. Citizenship will become a statutory part of the National
Curriculum from September 2002. Human rights are addressed under
section 1, "Knowledge and understanding about becoming informed
citizens", of Key Stages 3 and 4 of the citizenship framework
(pages 14 and 15 of the attachment at Annex C). The framework
is being sent to schools, who will be free to adopt it prior to
the statutory requirement.
Export of Torture Equipment (QQ 124-127)
20. We are very concerned about the allegations
in The Independent that UK-made leg-irons are on sale in
the US. We are urgently investigating these allegations and will
write to the Committee as soon as we have established the facts.
21. DTI are preparing a draft amendment
to current legislation to avoid any future confusion of this nature.
This will propose additional controls on the diameter of large
single "cuffs" rather than the overall length of the
fully locked product. This is the only realistic measure which
can be taken short of introducing controls on products which are
non contentious (eg chains).
22. The UK national held in Saudi Arabia,
referred to in The Independent articles, was released from
prison in 1992, five years before this Government took office.
Saudi Arabia has not been approved as a permitted destination
on any export licence for "oversized" handcuffs under
this administration. Smaller handcuffs which do not require a
license may have been shipped from the UK to Saudi Arabia.
Misdescription of goods (Q 129)
23. It is a criminal offence to supply false
details on an export licence. The relevant provisions fall under
the Export of Goods (Control) Order 1994 and the Dual Use and
Related Items (Export Control) Regulations 1996. Where a person
knowingly furnishes statements or documents which are false and
an export licence is granted on the strength of those documents
or statements, a criminal offence is committed and the licence
will be rendered void.
ILO Convention 182 and child soldiers (Q 136)
24. The Government played an active part
in the negotiations on ILO Convention 182 on the worst forms of
child labour. We have announced that we will ratify the Convention.
We are also working to encourage others to do so and to ensure
effective implementation. It is right that a Convention on the
worst forms of child labour should focus on forced recruitment
of children for use in armed conflict. The wider issue of the
overall age limit for military recruitment and deployment is the
focus of separate international discussions on a possible Optional
Protocol to the UN Convention on the Rights of the Child. The
Government continues to play a constructive part in these discussions.
We have made clear that we will not block consensus on a new standard,
even if it is higher than that we would be prepared to apply nationally.
Foreign and Commonwealth Office
December 1999
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