Letter to the Chairman of the Committee
from Rt Hon Ian McCartney, Minister for Trade,
Investment and Foreign Affairs
During the Westminster Hall debate on 15 June
on the Annual Human Rights Report I undertook to give the Foreign
Affairs Committee a general update of the work in and around my
portfolio on Africa.
There remain many human rights problems in Africa.
Some of these relate to conflict (eg arbitrary arrest; detention
without trial; use of child soldiers) and we are working hard
with partners in both the EU and the UN to help resolve conflicts
and deal with the consequences. Other human rights problems in
Africa are more indicative of an abuse of power—clampdowns
on democratic institutions (including civil society) and freedom
of expression, excessive use of force, lack of respect for rule
of law and independence of the judiciary.
Our membership of both the UN Security Council
and the new UN Human Rights Council gives us an opportunity to
ensure that serious human rights issues are addressed and acted
upon. We have been active in the Security Council on problems
such as Sudan, where the UK co-sponsored Security Council Resolution
1672 (2006), which imposed targeted sanctions on four individuals
from all sides to the conflict. With the Security Council we have
continued work to bolster the fragile security situation in the
Democratic Republic of Congo (DRC).
The mandate of the UN peacekeeping force there
(MONUC) was strengthened; we reaffirmed the need for all parties
to support the transition process, working towards free and fair
elections; we committed the UN to continue its monitoring of the
human rights situation on the ground; and adopted UNSCR 1653 which
condemned the activities of the armed groups, including the Lord's
Resistance Army, who continue to commit human rights abuses. The
International Criminal Court (ICC) also began investigating crimes
against humanity committed in the DRC. The transfer of Congolese
Thomas Lubanga, the first ICC war crimes indictee, to the Hague
in March 2006, sent a strong signal that grave human rights abuses
will not be tolerated.
These are just some examples of our activity
in the Security Council. The new UN Human Rights Council offers
a further means to tackle human rights issues in Africa in a multilateral
forum and I hope that the UK and other members of the Council
can work together on this. As I said in my remarks to the Council
in Geneva on 20 June, we should no longer assume that one region's
concern must be another's taboo. We need to recognise that it
is legitimate to discuss challenges and concerns in a particular
state. This need not be something to resist at all costs; rather,
an opportunity to address those concerns together.
The situation in Somalia was mentioned in a
few interventions, so I would like to offer a few specific comments
about the situation there. I share the concerns expressed by honourable
Members. The rapid advance of the militias fighting for the Islamic
Courts Union against the warlords has brought about a fundamental
change in the Somali equation. We are alert to the risks of this
conflict becoming international as regional powers feel compelled
to intervene. We therefore welcomed the initiative by the League
of Arab States to invite the Transitional Federal Government and
Islamic Courts representatives to meet in Khartoum, and the agreement
that was concluded there. We do not believe that Somalia's problems
can be resolved by military means and have urged all sides to
pursue dialogue and Somalia's neighbours to respect the UN arms
embargo.
More generally, impunity for human rights abuses
is a problem in many African states, raising questions about Africa's
willingness to tackle examples of poor governance and abuse of
human rights. A public message that this situation will not be
tolerated needs to come from Africa Union states both collectively
and individually. We were encouraged that at their Summit in Banjul
on 1-2 July the AU passed resolutions on reports of the African
Commission of Human and People's Rights (ACHPR) on the human rights
situation in Ethiopia, Eritrea and Uganda.
Zimbabwe was given a further two months to comment
on the ACHPR's report and we look forward to the AU considering
Zimbabwe's response in the near future.
Our action in support of the Special Court for
Sierra Leone over Charles Taylor is an example of our commitment
to ensuring that human rights abusers face justice. The historical
significance of Taylor's capture and trial—the first of
its kind involving a former African leader—cannot be underestimated.
Against the odds, the combined efforts of the international community
delivered a major advance in combating impunity against those
accused of war crimes, crimes against humanity and genocide.
The African Court on Human and Peoples' Rights
is now set to become a reality. The Protocol establishing the
Court was opened for ratification in 1998 but did not receive
the requisite number of ratifications until 2004. While preparations
were underway to make the Court operational, the AU decided to
merge the Court with the AU Court of Justice, and suspend the
process until the modalities of the merger had been considered.
There are several legal and practical implications of such a merger,
which will take some time to regularise. It is commendable that
the AU has decided to continue attempting to make the human rights
court functional, despite the fact that the complexities of the
merger are still being considered (including the statute to combine
the Human Rights Court with the Court of Justice, which has yet
to be approved).
The International Criminal Court was mentioned
in a few interventions during the debate. You asked me specifically
how many countries have now ratified the treaty establishing the
court. There are currently 100 States Parties to the Rome Statute
of the International Criminal Court. The ICC Prosecutor is currently
conducting three investigations into the situations in Northern
Uganda (with the Lords Resistance Army), the Democratic Republic
of the Congo and Darfur (following referral by the UN Security
Council). He is also considering a further referral from the received
from the Central African Republic (CAR) but has not yet announced
his intention to launch a formal investigation. The Prosecutor
has made clear his intention to publish periodic updates on his
determinations whether or not to initiate investigations into
other situations brought to his attention.
I would like finally to mention the EU Strategy
for Africa, adopted at the end of our EU Presidency. As a political
document, it commits all EU partners to promote human rights on
the continent, to enhance African efforts to improve governance,
to support the fight against human trafficking and organised crime.
Given the size of Africa and the complexity
and range of the human rights problems it faces I have limited
this note to comments on general human rights issues. Should you
have any questions on specific countries I'm sure that you will
address these to the relevant Minister, Lord Triesman, in the
usual way. I am of course happy to assist the Committee and yourself
in any way I can.
Rt Hon Ian McCartney
Minister for Trade, Investment and Foreign Affairs
10 July 2006
| 
