Memorandum from Human Rights Watch
THE FOREIGN AND COMMONWEALTH OFFICE HUMAN
RIGHTS ANNUAL REPORT 2002
INTRODUCTION
1. Human Rights Watch (HRW) emphasises that
we believe the Report to be sensible and to the point, in overall
tone and in detail. It is important that the connection between
security and human rights—in the words of the Report, "Without
respect for human rights, real security is impossible"—is
clearly acknowledged. Unfortunately, this link has not always
been made in past years.
2. The FCO human rights report has, since
it was first published five years ago, sometimes been criticised
as mere window-dressing. We hope that this is not the case—and
we certainly see no reason why it should be the case. As HRW repeatedly
emphasises, greater attention to the importance of human rights
is in the interests of all.
3. Some of our reservations or criticisms
do not concern the comments in the Report itself, but the reality
of UK policy. There is an apparent discrepancy in some areas between
what the Report implies, and what Britain is doing in practice.
4. In the following paragraphs, we highlight
some of these areas, and important omissions in the Report, and
will be happy to address these in more detail in giving testimony
on 7 January. Areas of concern are dealt with in the order they
occur in the report.
5. Some notable human rights abusers are
not included because we have no quarrel with the FCO's analysis.
In other cases, we have reservations which are not included in
this summary; we have sought to focus, above all, on the most
essential issues.
ANTI-TERRORISM,
P12
6. We are concerned that the UK's anti-terror
legislation, which HRW criticised in a paper issued in November
2001, rolls back rights unacceptably, contravening international
guarantees. The Report argues that the derogation from the European
Convention on Human Rights was a "necessary and proportionate
response". We do not agree with this assessment, for reasons
given in the previously published comments—including our
concerns about vague and undefined terms, and provisions for secret
proceedings.
GUANTANAMO, P13
7. We note that the UK talks of the "complex"
issues surrounding access to the detainees and the legal procedures.
In HRW's view, the holding of these detainees is in contravention
of international humanitarian law. The indefinite detention fails
to determine the legal status and future disposition of persons
detained at Guantanamo Bay. It is important that the UK should
speak out on these issues. So far, it has unfortunately failed
to do so.
CENTRAL ASIA—THE
COALITION AGAINST
TERRORISM P15/P148
8. The report rightly notes that the tendency
"to respond to threats from Islamic extremism by repression
risks radicalising moderates and may serve to prepare the ground
for the growth of extremism and future conflict. These policies
need to change".
9. We note, however, that—at the time
of writing—an important meeting of the European Bank for
Reconstruction and Development (EBRD), whose mandate includes
an emphasis on democracy, is to go ahead in Uzbekistan in May
2003, without any conditions being set. HRW has repeatedly drawn
attention to the appalling human rights record of the Uzbek regime,
and has suggested that benchmarks must be set if the meeting is
to go ahead. The meeting will undoubtedly be used by the regime
as an endorsement of its policies. At the time of writing, there
has been little sign that the EBRD is ready to issue such benchmarks.
Britain is chairing the meeting; in addition, EU countries are
majority shareholders in the bank. Britain's failure to speak
out on the issue is thus doubly regrettable.
CHECHNYA, P15/P99
10. The UK is said to "remain concerned"
about the conduct of Russian forces. But we have seen little sign
that Vladimir Putin is being sharply criticised. On the contrary,
we are told of Mr Putin's "assurances" to the Prime
Minister that things are not so bad as critics suggest. For example,
Moscow has said that IDPs8 in the camps in Ingushetia will not
be forced to return home. But HRW's own evidence contradicts these
assurances. By the time of testimony, the situation will be clearer
than at the time of writing, but the signs already are not optimistic.[8]
11. The report notes that new rules on search
operations "where civilians are often disappeared" have
been introduced, but rightly adds that "evidence thus far"
suggests that this initiative has had little effect in practice.
12. Such important statements should be
heard clearly from the Foreign Secretary and the Prime Minister.
We note that during Tony Blair's visit to Moscow he said nothing
on this or similar subjects. Such discretion is counter-productive,
and merely encourages the Russian government in its belief that
no substantial change in policy is needed. Silence should not
be seen as an option. Inclusion of criticism in the FCO human
rights report is not, of itself, sufficient.
AFGHANISTAN, P16FF
13. The defeat of the Taliban, a regime
whose brutality was repeatedly criticised by HRW at a time when
the international spotlight was not yet on Afghanistan, is warmly
welcomed. We note, however, that the analysis of the situation
makes almost no reference to the situation outside Kabul. The
Foreign Secretary is quoted at the beginning of this section as
emphasising that "the situation there is so much better than
it ever was". It is also said that "security is improving".
14. Throughout much of Afghanistan—as
a series of HRW reports from different parts of the country have
repeatedly emphasised—this is emphatically not the case.
The FCO Report notes in passing that the countryside has been
in the grip of local warlords "for much of the past two decades".
The Report fails to note that the warlords' grip has been allowed
to become tighter during the past year, not least because of a
refusal to extend the international security force, ISAF. The
creation of an Afghan army is a useful long-term aim; but it cannot
be achieved overnight. It will be very dangerous if the warlords
are allowed to become all-powerful throughout large areas of Afghanistan.
Papering this over merely stores up trouble for the future.
TURKEY, P25
15. The report rightly notes that the implementation
in practice of Turkish reforms—including on language rules,
and freedom of expression—"remains key to changing
the lives of Turkey's citizens". We note with regret that
an amendment to provide safeguards against torture, including
improved access to legal counsel, was promised but has not been
enacted. The report refers to FCO-funded projects training judges
on European Convention of Human Rights standards. Turkish judges
consistently fail to implement the convention in their judgements,
suggesting a continuing gap between theory and practice.
ISRAEL AND
THE PALESTINIAN
AUTHORITY, P27
16. We note that Britain called for an international
investigation into events in Jenin refugee camp, and, with the
EU, reaffirmed the applicability of the Fourth Geneva Convention
to the Occupied West Bank and Gaza Strip. Britain should also
pressure Israel to conduct its own investigation into the credible
evidence that Israeli soldiers committed war crimes in Jenin,
as detailed in a Human Rights Watch report published in May 2002.[9]
SAUDI ARABIA,
P29
17. We note with surprise that the Saudi
use of torture is not mentioned in this section, except in reference
to the fact that Saudi Arabia submitted its first report to the
UN Convention Against Torture.
18. We also note that the FCO has maintained
a consistent posture of public silence concerning the pattern
of due-process violations with respect to five British nationals
unfairly tried and currently imprisoned in the kingdom. The "confessions"
of the five men were broadcast while the accused where held in
incommunicado detention, without access to British consular officials
or lawyers. The men's defence lawyers have reported that the confessions
were extracted under torture which reportedly included suspending
the men upside down with their hands and feet bound; forcing them
to stand with their hands shackled to the top of a door, slapping
and punching; and subjecting them to continuous sleep deprivation
for up to 10 days. Such treatment violates Saudi law and international
human rights law.
19. The FCO has asserted that a strategy
of private bilateral diplomacy is in the "best interests"
of the men. FCO officials told Human Rights Watch in February
2002 that the refusal to provide details about the case was based
on requests from family members; but HRW's own enquiries suggest
that this was not the case.
CHINA, P34FF
20. Although there is reference to the "serious
concerns", we note that there is no mention, in four pages
devoted to the issues of human rights in China, to new controls
on the internet, restrictions on journalists, and lack of progress
in ending administrative detention such as re-education through
labour.
21. The "positive developments"
section sometimes seems to take a rosy view. The UN special rapporteur
has been invited previously; Chinese refusal to agree to his terms
makes this invitation meaningless. The reformed trade union law
is a small step forward but does not address the core concern
of lack of free association. The UN High Commissioner's seminars
and training workshops have had no impact on Chinese
policy or practice but are mainly educational.
22. Releases of political prisoners: there
is no way to evaluate this objectively without more details beyond
the fact that 52 cases were raised in May 2002, and two of those
on the EU's list were released. Names should be made public, as
an incentive for China to respond in a significant way.
23. There is no apparent correlation between
these "positive steps" and the strategic objectives
laid out for the dialogue, which cover a wide range of issues
and concerns on which virtually no progress has been made.
24. North Korean refugees in China: the
UK should urge China not to forcibly return North Koreans, and
should press for a dialogue with the UNHCR.
25. Hong Kong: The report notes the importance
of freedom of speech, assembly, and association. The committee
will note that Article 23, the new subversion, state secrets,
sedition, and secession laws were officially proposed in September,
at the time of the publication of the report. These are of great
concern.
CONGO, P39
26. We remain concerned that the violence
especially in Ituri, in north-eastern Congo, has not received
the attention which it deserves. There have been widespread human
rights abuses against civilians by armed groups such as the Rwandan-backed
RCD[10]
the Ugandan-sponsored armed groups, and other rebel forces. There
should be stronger political pressure on the various actors involved.
HRW welcomes the expansion of the UN force, Monuc. It is, however,
essential that the force should be made capable of robustly protecting
civilians; the force has often been in the wrong places, and its
approach has been timid.
UN COMMISSION ON
HUMAN RIGHTS,
P68FF
27. HRW feels that last year's Commission
was deeply disappointing, in its failure to criticise some of
the worst human rights abusers worldwide. HRW suggests that membership
of the Commission should be made conditional on certain basic
human rights yardsticks. This would mean that serious human rights
abusers are not able to vote to protect themselves and others
from potential criticism.
INTERNATIONAL HUMANITARIAN
LAW, P92
28. There have been suggestions that international
humanitarian law (IHL) should be amended, in the light of new
challenges following September 11. A meeting along these lines
has been convened by the Swiss government for January 2003. HRW
believes it to be important that human rights organisations, whose
analysis of breaches of IHL have formed an important and influential
part of its work during the past 20 years, should be part of such
deliberations. To exclude such organisations would imply that
many of the achievements of IHL in past decades can simply be
reversed. The British government, which has been invited to the
January meeting, is in a position to ensure that groups like Human
Rights Watch, Amnesty International and Lawyers for Human Rights
take part in these important deliberations. We believe this issue
to be important, if IHL is to remain strong.
INTERNATIONAL CRIMINAL
COURT, P123
29. The report rightly notes that the ICC
"represents a new era for international justice". HRW
shares the UK's confidence that the US fears of malicious prosecutions
being permitted are misguided, and HRW also hopes that the US
"will eventually feel able" to ratify the statute. The
Report is silent, however, on the important fact that the UK,
which played such a key role in helping to set up the court, has
played a, sadly, negative role in pressing for the United States
to be allowed special impunity agreements which strike at the
very rationale of the court itself—universal justice.
30. It is difficult to overstate the importance
of the role that the UK can play in this regard—for better,
or for worse. To give in to US demands will merely weaken the
court, with potentially lethal consequences. It seems to HRW,
which played a key role in lobbying for the creation of this historic
court, that the UK has—deliberately or by default—failed
to understand the importance of standing firm on this issue.
IN CONCLUSION
31. The report notes that "the UK is
in a uniquely strong position to act in partnership with others
to promote human rights internationally". We hope that the
UK will do so, even in circumstances where speaking out may appear
to be difficult.
32. We are glad that large parts of this
substantial report reflect the human rights concerns that HRW
would wish to highlight. We have not commented on a number of
important issues, because of this shared stance.
33. We hope that the UK will press on these
important issues in the months and years to come. The rhetoric
on the importance of human rights needs to be matched by reality.
The most sensitive issues are sometimes the ones which need to
be addressed most urgently.
Human Rights Watch
December 2002
8 Internally Displaced Persons. Back
9
HRW, Jenin: IDF Military Operations (New York, May 2002). www.hrw.org/reports/2002/israel3 Back
10
Rally for Congolese Democracy. Back
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