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18 Oct 2006 : Column 1246W—continued

China

John Bercow: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions she has had with the Chinese Gvernment about (a) sustainable development, (b) corporate and social responsibility and (c) poverty reduction in Africa. [93639]

Mr. McCartney: My right hon. Friend the Prime Minister discussed both China's future development and Africa with Premier Wen Jiabao last month.

China and the UK entered into a pioneering sustainable development dialogue last year promoting closer co-operation on issues including environmental protection, urban and rural development, and sustainable consumption and production. The first meeting of the formal ministerial round of the Dialogue will take place in Beijing later this month. My hon. Friend the Minister for Climate Change and the Environment, will represent the UK.

As China's economy develops, and Chinese companies become more active internationally, we are encouraging them to adopt international best practice in corporate governance. Through the Global Opportunities Fund, the Foreign and Commonwealth Office is supporting the establishment of the Chinese Business Leaders Forum to promote business transparency standards and practices to reduce corruption.

The Department for International Development (DFID) has been increasing its contacts with China on development issues, including poverty reduction in Africa. During a recent visit to China, DFID's Permanent Secretary agreed with Chinese officials to begin a regular senior level dialogue. This should reinforce the agreement between the EU and China at their summit on 9 September to develop a structured dialogue on Africa and explore avenues for practical co-operation on the ground in partnership with the African side.

John Bercow: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment
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she has made of the relationship between China and Zimbabwe. [93641]

Mr. McCartney: China has a growing presence in Zimbabwe. It has agreed a series of joint projects, notably in the agriculture, mining, transport, and heavy industrial sectors, under which China provides expertise, equipment and soft finance in exchange for mineral or other concessions. China also provides military assistance to Zimbabwe.

Rather than initiate the reforms recommended by the International Monetary Fund the UN and others, to arrest Zimbabwe's startling decline, the Government of Zimbabwe has adopted a "Look East" policy. China is one of the countries they look to for support. We welcome China's engagement in Africa, but we have stressed that it should be in support of the African Union's New Partnership for Africa's Development agenda. We therefore welcome the agreement at the EU/China Summit on 9 September to work together to help Africa achieve peace, stability and sustainable development and look forward to making progress in these areas, including Zimbabwe.

Gay Rights

John Bercow: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions she has had with her European counterparts about promoting gay rights. [93618]

Mr. McCartney: The promotion of lesbian, gay, bisexual and transgender (LGBT) rights has not been raised recently at ministerial level with our European partners. However, the EU has been active on these issues in UN fora. The EU raised LGBT rights during the interactive dialogues with the High Commissioner for Human Rights and the UN Special Rapporteurs on Violence Against Women and Contemporary Racism during the second session of the UN Human Rights Council (19 September-6 October 2006). At official level, the UK continues to work closely with EU partners to ensure that LGBT non-governmental organisations receive fair consideration when applying for consultative status with the UN. We continue to look out for suitable opportunities to raise concerns where we have them.

John Bercow: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions she has had with her counterparts in eastern Europe on tackling discrimination on the grounds of sexual orientation. [93619]

Mr. McCartney: The promotion of lesbian, gay, bisexual and transgender (LGBT) rights has not been raised recently at ministerial level with our eastern European partners. However, the EU presented a demarche to the Russian authorities in June 2006 detailing its concerns about events surrounding the proposed gay pride parade in Moscow on 27 May 2006. The EU has also been active on these issues in UN fora. The EU raised LGBT rights during the interactive dialogues with the UN Special Rapporteurs on Extrajudicial, Summary and Arbitrary Executions and Contemporary Racism during the second session of the UN Human Rights Council (19 September - 6 October 2006). At official level, the
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UK continues to work closely with EU partners to ensure that LGBT non-governmental organisations receive fair consideration when applying for consultative status with the UN. We continue to look out for suitable opportunities to raise concerns where we have them.

Gibraltar

Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs what the airport customs procedures are for air passengers travelling (a) from Gibraltar into the Schengen travel area and (b) from the Schengen travel area into Gibraltar. [94307]

Mr. Hoon: Travellers to and from Gibraltar airport are subject to customs and immigration procedures at their destination airport. The Schengen travel area, of course, is about immigration issues, not about customs procedures.

Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs what status the tripartite agreement has given to (a) British aircraft travelling to Gibraltar when in Spanish airspace and (b) aircraft taking off from Gibraltar travelling to the UK through Spanish airspace. [94308]

Mr. Hoon: Under the arrangements agreed at the Cordoba meeting of the trilateral forum on 18 September, the Spanish Government committed itself with immediate effect to ending all current discriminatory restrictions imposed by Spain over the use of its airspace by all civilian aircraft flying in and out of Gibraltar airport.

Under the Cordoba agreement, Gibraltar airport remains a Ministry of Defence airport, but will now enjoy the benefits, and the obligations, of EU aviation measures as any other EU airport.

Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs why Gibraltarian citizens will be required to obtain immigration and customs clearance from Spanish officials before boarding aircraft in Gibraltar. [94309]

Mr. Hoon: Gibraltarian citizens will not, in general, be required to obtain immigration and customs clearance from Spanish officials before boarding aircraft in Gibraltar. Nevertheless, under the arrangements agreed at the Cordoba meeting of the Trilateral Forum, passengers flying from Gibraltar Airport to a Spanish airport will be given advance entry clearance into Spain before boarding their aeroplane. This is similar to the advance immigration controls used for the Eurostar train service.

Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs why Spanish citizens flying from the airport in Gibraltar will not be subject to Gibraltarian customs procedures. [94310]

Mr. Hoon: Under the arrangements agreed at the Cordoba meeting of the Trilateral Forum, most passengers flying from Gibraltar will be subject to Gibraltarian customs procedures. However, by virtue of an administrative waiver by the Government of Gibraltar, passengers flying from Gibraltar Airport to a Spanish airport,
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accessing the terminal from the north side of the frontier, will not in normal circumstances be subject to Gibraltar customs controls. Such passengers will be treated as transit passengers in the terminal. However, the Gibraltar authorities retain the right to exercise such controls on grounds of security or other exceptional or unusual circumstances that render them necessary or desirable.

Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs what restrictions there are on vessels travelling (a) from Spanish ports to Gibraltarian ports and (b) from Gibraltarian ports to Spanish ports. [94311]

Mr. Hoon: Vessels travelling from Spanish ports to Gibraltar can do so directly and with no restrictions. Spanish restrictions require military vessels travelling from Gibraltar to travel to another non-Spanish port before entering a Spanish port. This restriction is not applied to cargo vessels, cruise ships or other passenger boats.

Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs what the customs procedures are for vessels travelling (a) from Gilbraltarian ports to Spanish ports and (b) from Spanish ports to Gibraltarian ports. [94312]

Mr. Hoon: Vessels arriving in Spanish ports from Gibraltar are subject to the same standard Spanish customs regime as vessels arriving from any non-Spanish port.

All vessels arriving at Gibraltar from any destination, including Spanish ports, require port, immigration and customs clearance. Under customs procedures, cargo ships require an inward or outward manifest of goods to be landed or exported to or from Gibraltar. Yachts are to report to a marina upon arrival and are required to produce a crew, passenger and stores declaration.

Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs what effect the tripartite agreement has had on claims by the Spanish government over sovereign British territorial waters surrounding Gibraltar. [94313]

Mr. Hoon: The Tripartite agreements have had no effect on the United Kingdom and Spain's respective positions on the waters surrounding Gibraltar.

Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs what the customs procedures are for Gibraltarian citizens who cross the frontier border from Spain to Gibraltar. [94316]

Mr. Hoon: Gibraltarian citizens who cross the border from Spain to Gibraltar are not in practice subject to customs checks by the Spanish customs authorities before they can exit Spain. They are subject to a customs check by Gibraltarian customs upon entering Gibraltar.

International Criminal Tribunal for Rwanda

John Bercow: To ask the Secretary of State for Foreign and Commonwealth Affairs (1) what
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discussions she has had with her UN counterparts about the (a) effectiveness, (b) cost and (c) number of convictions of the International Criminal Tribunal for Rwanda; [93652]

(2) what lessons have been learnt from the operation of the International Criminal Tribunal for Rwanda; [93653]

(3) what assessment she has made of the effectiveness of the International Criminal Tribunal for Rwanda. [93654]

Dr. Howells: My right hon. Friend the Foreign Secretary has not held discussions with UN counterparts about the International Criminal Tribunal for Rwanda (ICTR). Officials are in regular contact with a range of interlocutors, including at the UN and ICTR, about all aspects of the Tribunal’s work.

The UK is a strong supporter of the work of ICTR and contributed over £4.5 million towards its budget in 2006-07 through UN assessed contributions.

By the end of 2006, ICTR will have completed 32 cases. To date, 31 judgements have been handed down, 26 individuals have been convicted and five acquitted.

We are concerned about the high costs of ICTR and keen to ensure that the Tribunal sticks to its agreed completion strategy. Nonetheless, our assessment is that ICTR and other international criminal tribunals, continue to play an effective and essential role in the international community's efforts to combat impunity for the perpetrators of genocide, crimes against humanity and war crimes. This work takes place in parallel with efforts to strengthen domestic justice systems in post-conflict situations.

The work of ICTR has provided valuable insight into the operation of an international tribunal. This experience is already being drawn upon in the work of other international tribunals and courts. Examples include the success of ICTR’s outreach programme in making the work of the court more accessible to the Rwandan people and its involvement in capacity building in the Rwandan justice sector.

Iranian Refugees

Mr. Laurence Robertson: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions she has had with the (a) Iranian and (b) Iraqi authorities about the living conditions of Iranian refugees living inside the Iraqi border; and if she will make a statement. [94148]

Dr. Howells: My right hon. Friend the Foreign Secretary has not held discussions about Iranian refugees living inside Iraq with either the Iranian or Iraqi authorities.

Iraq

John Bercow: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment she has made of reports that fundamentalist militias are operating in Iraq and are persecuting gay Iraqis. [93632]


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Mr. Hoon: We are aware of reports that various groups of Iraqi society are being persecuted including by militia members, for example women, ethnic and religious minorities and homosexual men. We are often not able to confirm details, but we do raise serious human rights allegations with the Iraqi Government whenever possible.

The Iraqi Government are fully committed to tackling illegal militias and to providing stability and security for all Iraqis. Multi-national forces in Iraq are assisting, including by strengthening capacity within the Iraqi security forces. In addition, the United Kingdom is working with Iraqi authorities and international partners to train police, including in human rights, to provide the skills, professionalism and operating systems to help protect all Iraq's diverse society.

Judicial Co-operation

Mr. Chope: To ask the Secretary of State for Foreign and Commonwealth Affairs what the Government’s policy is on the transfer of certain areas of co-operation in judicial matters from title VI (treaty of the European Union) to title IV (treaty of the European Community) through the use of the passerelle clause (article 42). [94178]

Mr. Hoon: We welcome efforts to take forward EU co-operation in the justice and home affairs (JHA) field, in line with the Hampton Court delivery agenda. We would need to be fully satisfied that any changes to the existing arrangements would genuinely improve the decision-making process and that such a move would be in the UK’s national security interest.

The ‘passerelle’ clause was discussed by EU Interior and Justice Ministries at the JHA Informal Council in Tampere on 20-22 September, and the JHA Council of 5-6 October. A broad exchange of views took place, in which there was limited support for the ‘passerelle’.

It is, as yet, unclear whether the Finnish presidency will bring forward further work in this area during their presidency but the Government consider the debate to be over for the time being. We will keep Parliament informed of any developments.

Nicaragua

John Bercow: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment she has made of the extent of the commitment of the Sandanistas in Nicaragua to democracy. [93621]

Mr. Hoon: Nicaragua is a constitutional democracy with executive, legislative, judicial and electoral branches of government. Political parties in Nicaragua, including the Sandinista Party, have demonstrated commitment to democracy through participation in, and acceptance of the results of, democratic elections since 1990. The Government will encourage the next government in Nicaragua to ensure the country continues along its democratic path. Our Embassy in San Jose, which also represents the UK in Nicaragua, and the Department for International Development office based in Managua, Nicaragua, will continue to monitor the elections, and subsequently the new administration in Nicaragua closely.


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North Korea

Mr. Dai Davies: To ask the Secretary of State for Foreign and Commonwealth Affairs what (a) legal undertakings and (b) diplomatic commitments were breached by North Korea in testing a nuclear explosive device on 9 October. [93162]

Mr. McCartney: A confirmed nuclear explosive test by North Korea would provide proof that it had contravened its international legal obligations under article II of the Nuclear Non-Proliferation treaty, whereby it undertook not to manufacture or otherwise acquire nuclear weapons. A test, if confirmed, would also have breached the 1991 Joint Declaration of South and North Korea on the Denuclearisation of the Korean Peninsula and disregarded the clear requirements set out in UN Security Council resolution 1695 (2006).

Mr. Dai Davies: To ask the Secretary of State for Foreign and Commonwealth Affairs what proposals the United Kingdom plans to put to the United Nations Security Council in respect of the nuclear test conducted by North Korea on 9 October. [93164]

Mr. McCartney: The Security Council is considering a sanctions package covering a range of measures, including measures designed to impact upon those areas of most concern to the international community—the Democratic People's Republic of Korea's nuclear and missile capabilities. The UK is pressing for full consideration of all the measures presented so far and is pushing for a robust resolution under chapter VII of the UN Charter.

Mr. Dai Davies: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the Prime Minister's statement on the nuclear test by North Korea issued on her official website on 9 October, what commitments under the nuclear non-proliferation treaty were breached by North Korea. [93599]

Dr. Howells: A nuclear test by North Korea contravenes its commitments under Article II of the Non-Proliferation Treaty


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