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Gibraltar

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on Gibraltar's legal status within the European Union; and what recourse Gibraltar has with regard to disputes with other member states. [59096]

Mr. Straw: Gibraltar is part of the EU by virtue of the UK's membership and Article 299(4) of the Treaty Establishing the European Community (TEC), which states that the treaty applies to 'European territories for whose external relations a Member State is responsible'. Certain provisions (including the Common Agricultural and Fisheries Policies and the VAT regime) do not apply, and Gibraltar is not part of the Common Customs Territory.

The Commission has primary responsibility for ensuring that member states comply with their EU obligations, and may bring infraction proceedings under Article 226 TEC. In addition Article 227 TEC allows a member state which considers that another member state has failed to fulfil an obligation under the treaty to bring the matter before the European Court of Justice.

Burma

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what reports his Department has received concerning the case of Dr. Salai Tun Than, a prisoner held in Insein Prison, Rangoon since 8 February. [59617]

Mr. Straw: Dr. Salai Tun Than was sentenced to seven years in prison for peacefully expressing his hopes for the swift arrival of democracy in Burma. On learning of his sentence, my hon. Friend the Deputy Leader of the House, when Parliamentary Under-Secretary of State at the FCO issued a public statement condemning his sentence and calling for his immediate release.

I welcome the release from detention of over 250 political prisoners in Burma since January 2001. But we now need to see the end of politically inspired arrests and the release of all political prisoners.

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Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on plans for international monitors to be sent to Burma to assess the human rights situation following the recent release from confinement of Aung San Suu Kyi. [59614]

Mr. Straw: The military authorities have long denied access to many parts of Burma. There is no indication of their policy changing at this point. We would welcome international access to all areas of Burma. The ethnic minorities who live in those areas kept closed to the international community suffer disproportionately from human rights abuses.

The United Nations, the International Committee of the Red Cross and international non-governmental organisations do have a presence in Burma. In addition, the UN special Rapporteur for Human Rights in Burma, Sergio Pinheiro, has made three visits to Burma in the last year.

There is a wealth of information to confirm that the human rights situation is very poor. This was set out in the FCO Human Rights Report of 2001 and the EU co-sponsored resolution at the UN Commission on Human Rights in Burma on the human rights situation in Burma that was passed by consensus in April 2002.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions his Department has had with representatives of the United States Administration concerning human rights in Burma. [59620]

Mr. Straw: Officials in London, Rangoon and Washington meet frequently with US colleagues to share information and co-operate on all aspects of Burma policy.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs (1) what reports his Department has received concerning the case of Paw U Tun, a prisoner held by the Burmese Government in Sittwe, Rakhine state, since 1993; [59611]

(2) what reports his Department has received on the case of Dr. Zaw Myint Maung, a prisoner held by the Burmese Government in Insein prison, Rangoon since November 1990; [59621]

(3) what reports his Department has received concerning the case of Ko Thet Win Aung, a prisoner held by the Burmese Government in Kale prison since October 1998; [59613]

(4) what reports his Department has received concerning the case of U Win Tin, a prisoner held by the Burmese Government in Insein prison, Rangoon since 1989. [59612]

Mr. Straw: Our latest information is that Dr. Zaw Myint Maung remains in detention. I welcome the release of over 250 political prisoners in Burma since January 2001. However, we have repeatedly called on the Burmese authorities to move quickly to release all political prisoners including Dr. Zaw Myint Maung.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what reports his Department has received concerning ASEM meetings Burma

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has (a) attended and (b) not attended in the past three years and the reason for Burma's non-attendance at that meeting. [59605]

Mr. Straw: Burma is not a member of ASEM and is therefore not entitled to attend its meetings.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what estimate he has made of how many Burmese nationals attended university in Britain in 2000–01; and how many of these students received a scholarship. [59615]

Mr. Straw: Higher Education Statistics Agency (HESA) figures show that 90 Burmese nationals attended university in the UK in 2000–01. Seven of these received scholarships funded or part funded by the FCO. The British Council estimates that each year there are approximately 300 Burmese studying in the UK at all levels, including further education and schools.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions his Department (a) has had and (b) plans to have with the Governments of (i) Malaysia, (ii) Thailand, (iii) Singapore, (iv) Japan, (v) India, (vi) China and (vii) the Philippines concerning human rights abuses by the Burmese Government. [59610]

Mr. Straw: We have regular discussions with international partners about human rights in Burma including all countries listed in the question. I raised the issue of Burma with the Government of India on 29 May.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what action his Department is taking to encourage Burmese students to attend universities in Britain. [59616]

Mr. Straw: The British embassy in Rangoon runs a small scholarships programme in Burma. There is a British council office in Rangoon which promotes British education in Burma. It runs a successful programme of English language teaching and in March held a well attended education fair.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs which members of the Burmese Government are on the European Union targeted sanctions list; and what reports his Department has received concerning those on that list who have been turned away from Britain since the sanctions regime was implemented. [59607]

Mr. Straw: The EU visa ban stops the entry into the EU by senior members of the State Peace and Development Council (SPDC), the Burmese authorities in the tourism sector, senior members of the military and the Government or the security forces who formulate, implement or benefit from the policies that impede Burma's transition to democracy. The details were published in the Official Journal of the European Communities L122 of 24 May 2000, Annex II of Council Common Position 2000/346/CFSP.

A number of those on the visa ban have applied for a visa to visit the UK. All have been refused.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what action his Department is taking to promote free and fair elections in Burma. [59622]

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Mr. Straw: Our effort on Burma is focused on bringing about national reconciliation, respect for human rights and the return of democracy. Through the EU Common Position, associated domestic action to discourage trade, investment and tourism, and in the United Nations, we are maintaining concentrated international pressure to realise these goals. I raised the issue of Burma with the Government of India on my visit to New Delhi on 29 May.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs under what circumstances members of the Burmese Government on the European Union targeted sanctions list are allowed to enter Europe; and which international meetings they can attend. [59608]

Mr. Straw: There is an exemption in the EU Common Position whereby with the agreement of all member states the ban on the Burmese Foreign Minister may be waived where it is in the interests of the European Union. This was primarily intended to allow Burmese participation at EU/ASEAN Foreign Ministers meetings in Europe.

EU member states have an obligation under the Charter of the United Nations (UN) to grant certain privileges and immunities to the representatives of other UN member states for the purpose of attending UN meetings held on their territory. A clause allowing EU member states to fulfil their obligations to the UN with reference to people listed on the Burma visa ban was inserted in October 2001 on the recommendation of the European Commission Legal Service.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions his Department has had with representatives of the European Union concerning human rights in Burma; and if he will make a statement on the European Union's policy towards human rights in Burma. [59619]

Mr. Straw: We are in constant contact with EU partners on the human rights situation in Burma. The EU negotiated and co-sponsored a resolution on Burma at the United Nations Commission on Human Rights in April 2002. The resolution was passed by consensus. The resolution noted continuing grave concern over the situation in Burma despite limited improvements in some areas such as the release of political prisoners and the lessening of the pressure on the National League for Democracy.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions his Department has had with representatives of the Burmese National League for Democracy following the release from confinement of Aung San Suu Kyi. [59623]

Mr. Straw: British embassy staff in Rangoon have had full and frequent meetings with representatives of the National League for Democracy. Embassy staff have also met with Aung San Suu Kyi. These meetings will continue.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will raise human rights abuses in Burma at the Foreign Affairs, Industry and Energy meeting on 6 and 7 June in Madrid. [59618]

Mr. Straw: We expect the Asia-Europe Foreign Ministers' meeting in Madrid on 6–7 June to be attended by representatives of all Asian partners in the ASEM

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process. These do not include Burma. We expect the discussions to cover a wide range of issues, including regional developments in Asia, and will raise the situation in Burma as appropriate during these discussions. Burma's neighbours have an important role to play in encouraging positive developments there.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what reports his Department has received concerning cases in which an ASEM meeting has been boycotted by a member nation as a result of Burma attending that meeting. [59606]

Mr. Straw: Burma is not a member of ASEM and is therefore not entitled to attend its meetings.

Mr. Ancram: To ask the Secretary of State for Foreign and Commonwealth Affairs what reports his Department has received concerning human rights abuses by the Burmese Government against the (a) Karen, (b) Karenni, (c) Shan, (d) Chin and (e) Kachin people. [59609]

Mr. Straw: The ethnic minorities, including the Karen, Karenni, Shan, Chin and Kachin, have suffered persistent abuse at the hands of the military authorities. The EU co-sponsored resolution on Burma at the United Nations Commission on Human Rights in April 2002 catalogues these abuses and expressed the international community's grave concern.

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