The arms trade and military assistance
88. The Annual Report on Human Rights includes a
discussion on small arms and light weapons (SALW). The Report
says: "Foreign Secretary Jack Straw announced during a speech
at the Institute of Civil Engineers London on 15 March 2005 that
the UK will work to secure an international Arms Trade Treaty
(ATT) covering all conventional weapons. This would be a legally
binding treaty negotiated at the UN and backed by the UN's authority
that would make the responsible transfer of all conventional arms
a statutory requirement."[129]
The UK will work towards setting criteria within an ATT based
on standards such as those in the UN Declaration on Human Rights,
and so will regulate better the arms trade. The UK position is
gathering strength; the European Union announced its backing for
the ATT on 4 October 2005, marking a significant growth in international
support for the treaty.[130]
89. This stance has been welcomed by human rights
organisations. Kate Allen told us: "We are very pleased by
the Foreign Secretary's support for an arms trade treaty. I think
that the support of the UK Government is absolutely brilliant
and very essential to see the potential for that treaty, and we
would very much want to congratulate the Foreign Secretary and
the British Government on that support."[131]
90. We commend the Government's backing for the
Arms Trade Treaty. We recommend that in its response to this Report
the Government report on progress to increase support for the
ATT and to ensure forward momentum in 2006.
91. However, concerns have been expressed to us about
aspects of UK policy towards military exports. Saferworld raised
general concerns about the United Kingdom's arms export policy,
and "that the Government's policy on arms exports continues
to undermine its commitments on human rights. In 2004, the Government
authorised arms sales to 19 of the 20 states identified in the
Human Rights Report as "major states of concern"."[132]
Amnesty International made a similar point; Kate Allen said: "The
only country of concern that is not receiving arms exports from
the UK is North Korea."[133]
92. The Human Rights Minister rejected such suggestions,
saying that it was important to examine the details because "the
reality of it is that in a lot of these cases it will be bomb-disposal
equipment, it will be de-mining equipment, it will be body armour,
it might be communications equipment to help their policing operations
work more effectively in dealing with drugs problems."[134]
93. One particular state of concern is Colombia.[135]
The FCO Annual Report has an extensive section on Colombia, which
it classes as a country of concern. The report outlines the many
human rights problems in Colombia, such as the murder of trades
unionists.[136] Human
Rights Watch has also drawn attention to the culture of impunity
and links between the army, paramilitary groups and criminal gangs
and the grey area between the official military and those carrying
out extrajudicial killings.[137]
94. AB Colombia raised concerns about the UK's military
assistance to Colombia, stating:
There are well established links between paramilitary
groups and the State, and elements within the Armed Forces continue
to carry out extrajudicial executions, torture and violations
of due process
Despite this, the UK continues to express
strong political support for the Colombian government, and provides
significant military support to the Colombian government, with
little or no analysis of its impact. In this context, it is difficult
to assess how the UK government can guarantee, as it claims to
do, that this cooperation does not end up in any way contributing
to human rights abuses or to impunity in the absence of Colombia's
full implementation of the UN human rights recommendations.[138]
95. The Annual Report states that the FCO uses "the
best information available to assure ourselves that Colombian
civil and military authorities benefiting from UK assistance are
not engaged in activities that violate human rights, aid internal
repression or are in collusion with paramilitary organisations."[139]
Additionally, the Minister defended the United Kingdom's military
assistance to Colombia in the evidence session. He said: "UK
military assistance to Colombia focuses on mine-disposal training
and human rights training
UK military training introduces
security personnel to British defence concepts, including the
importance of accountable and democratic action, and we use the
best information available to assure ourselves that Colombian
military personnel benefiting from UK assistance are not engaged
in activities that violate human rights or that aid internal repression
and that they are not in collusion with paramilitary organisations.
This goes as far as including personal interviews and background
checks."[140]
96. We recommend that the Government include a
detailed explanation of export licence decisions in each of the
countries of concern sections of the Annual Report so as to ease
public concern about military exports to those states, including
Colombia.
Corporate social responsibility
(CSR)
97. The Annual Report describes the Government's
recent work to advance CSR, outlining how the United Kingdom sponsored
a successful resolution at the UNCHR calling for the appointment
of a Special Representative on Corporate Social Responsibility.
The new post will: identify standards of corporate responsibility
and accountability; research and clarify concepts such as "complicity"
and "sphere of influence"; and develop means to assess
the impact of business on human rights.[141]
98. The Report states: "We want an outcome that
will require multinationals to support, rather than inhibit, respect
for human rights through their activities. But we must also address
genuine business concerns about the extent of its responsibilities
and maintain the principle that states only hold obligations under
human rights law."[142]
The FCO's Annual Report on the Global Opportunities Fund describes
its support for CSR programmes in China and outlines its support
for two initiatives which seek to establish higher standards of
CSR in business, such as the Extractive Industries Transparency
Initiative (EITI) and the OECD Guidelines for Multinational Companies.
[143]
99. However, some human rights organisations have
concerns about the Government's approach to CSR. Global Witness,
for instance, argues that companies should be subject to an International
Financial Reporting Standard (IFRS), requiring them to reveal
country by country activity in three particular areas: commercial
performance, taxes and other benefits paid to host governments,
and reserves.[144]
Their concerns have gained weight from the willingness of companies
from states such as China to do business in countries with documented
records of human rights abuses. Beijing's lack of concern about
human rights has also helped Chinese business win contracts in
other states with poor human rights records like Zimbabwe and
Sudan, as well as other states with a historical scepticism towards
western intervention, economic or political, in Africa and Latin
America. [145]
- We conclude that the Government must do its
utmost to encourage states to improve their corporate social responsibility
(CSR) standards so that companies can compete on a level playing
field and that states with human rights failings are not tempted
to work with unethical trading partners. We recommend that the
Government work to broaden international support for instruments,
like the UN Convention against Corruption, which enshrine ethical
standards for business at an international level.
118 Human Rights Annual Report 2005, p 205 Back
119
Human Rights Annual Report 2005, p 117 Back
120
"Beyond Ukraine a Grim Picture", Human Rights Watch,
8 December 2004 Back
121
"Tbilisi's election law fuels opposition", Eurasianet,
6 July 2005, www.eurasianet.org Back
122
,"Kyrgyzstan's revolution at risk", Eurasianet,
26 September 2005, www.eurasianet.org Back
123
"Opportunity for reform: human rights agenda in Ukraine",
Human Rights Watch, 21 January 2005 Back
124
Organisation for Security and Co-operation in Europe, International
Election Monitoring Mission, Parliamentary Election, Republic
of Azerbaijan, 7 November 2005, Statement of Preliminary Findings
and Conclusions Back
125
Organisation for Security and Co-operation in Europe, International
Election Monitoring Mission, Presidential Election, Republic of
Kazakhstan, 4 December 2005, Statement of Preliminary Findings
and Conclusions Back
126
" Thousands in fresh Azeri protest", BBC News Online,
5 December 2005, news.bbc.co.uk; "Kazakhstan election 'not
democratic'", BBC News Online, 19 November
2005, news.bbc.co.uk Back
127
Q 37 Back
128
Q 162 Back
129
Human Rights Annual Report 2005, p 151 Back
130
"EU backs global small arms treaty", BBC News Online,
3 October 2005, bbc.news.co.uk Back
131
Q 53 Back
132
Ev 97 Back
133
Q 54 Back
134
Q 157 Back
135
Human Rights Annual Report 2005, p 49 Back
136
Ev 93 Back
137
"Colombia: Smoke and Mirrors", Human Rights Watch,
August 2005, Vol 17 No. 3 Back
138
Ev 83 Back
139
Human Rights Annual Report 2005, p 49 Back
140
Q 176 Back
141
Human Rights Annual Report 2005, p 178 Back
142
Human Rights Annual Report 2005, p 178 Back
143
Foreign & Commonwealth Office, Global Opportunities Fund:
Annual Report 2004-05, 12 October 2005 Back
144
"Extracting transparency: The need for an International Financial
Reporting Standard for the Extractive Industries", Global
Witness, 2005, www.globalwitness.org Back
145
Jamestown Foundation, China Brief, Vol V, Issue 21, 13
October 2005 Back