Letter to the Second Clerk of the Committee
from the Head, Parliamentary Relations Team, Foreign and Commonwealth
Office
Thank you for your letter of 17 December to
Martin Scales on behalf of the Foreign Affairs Committee asking
for further information on a number of points raised in our response
to their report on the Foreign and Commonwealth Office's 2007
annual report on human rights.
1. In response to Recommendation 3 made by
the Committee, the Government set out its priorities for strengthening
of the Human Rights Council. The Committee would be grateful for
an update on the progress made towards this aim.
We continue to support the Human Rights Council,
with the aim of ensuring it becomes a progressive, active body
willing to look into human rights abuses whenever and wherever
they occur.
Our re-election to the Council in 2008 ensures
we remain influential on this important body. We continue to support
country-specific action within the Human Rights Council and will
oppose any attempts by other members to block the Council's ability
to focus on problem countries. With EU members we initiated a
special session on the Democratic Republic of Congo in November.
Additionally we actively defend the independence of the Office
of the High Commissioner for Human Rights and Navanethem Pillay,
the new High Commissioner. The OHCHR adds considerable depth and
breadth to the UN's work on Human Rights, with its lead responsibility
for implementing the UN's Human Rights programme, and for supporting
the work of the Special Rapporteurs and Independent Experts appointed
by the Human Rights Council.
We have substantially increased liaison with
UK human rights NGOs, having increased formal contact from a single
annual meeting to now meeting with them before and after every
session of the Human Rights Council—resulting in at least
six meetings per year. This is not only a useful opportunity for
NGOs to lobby us, but also for us to benefit from their considerable
expertise and knowledge and to work together in pursuit of shared
goals. We work actively to ensure the success of the UN's new
Universal Periodic Review process. The UK was one of the countries
examined in the first session of the Review. We are sharing our
experience and lessons learned with other countries coming up
for review through bilateral and regional meetings. At these meetings,
we take the opportunity to encourage countries to approach the
Universal Periodic Review in an open, constructive manner—accepting
sensible recommendations arising from the review and acting on
them, rather than take a defensive stance. We continue to encourage
NGO participation in each country's Review process, including
offering funding for human rights NGOs from within the country
under review to allow them to engage more deeply with the process.
We have provided substantial financial and practical support to
the Commonwealth Secretariat in helping Commonwealth countries
take a constructive approach to the Universal Periodic Review.
We have also made a commitment to give the Human
Rights Council, a mid-term update on our progress in implementing
recommendations that we accepted from our own Universal Periodic
Review and have encouraged other countries to do the same.
2. In response to Recommendation 11 made
by the Committee on the subject of the interrogation of UK nationals
in Pakistan, the Government failed to comment on "whether
intelligence or evidence gained by the Pakistani authorities in
its interrogation of any of these men led in whole, or in part,
to further investigations or charges in the UK". The Committee
would be grateful for information on this matter.
We are unable to provide details of individual
cases. As stated in our earlier response, it is also our long-standing
policy not to comment on intelligence-related issues and this
includes details of any collaborations with foreign intelligence
services. However, all intelligence received from foreign sources
is carefully evaluated, particularly where it is clear it has
been obtained from individuals in detention. Evidence obtained
as a result of any acts of torture would not be admissible in
criminal or civil proceedings in the UK.
3. In response to Recommendation 13 made
by the Committee, the Government discussed its position in relation
to Guantánamo Bay. Given the imminent change of US President,
the Committee would be grateful to receive an update on the progress
made in relation to the status of Guantánamo Bay and its
British Residents, as well as an assessment of likely future progress
in this area.
We welcome President Obama's signing of an executive
order to close Guantánamo bay detention facility within
one year, and further orders on detainee treatment and detainee
disposition. These early moves demonstrate real commitment to
address the challenges of violent extremism in a manner consistent
with our common values and the rule of law. We recognise that
there are numerous practical challenges to realising this goal
and will continue to discuss with the US Government how best we
can work with them, and our European partners, to see the closure
of the Guantánamo Bay detention facility.
We continue to press for the release of Mr Mohamed
from Guantánamo Bay and return to the UK and remain in
active discussion with the US. We are no longer in active negotiations
for the return of Shaker Aamer to the UK although we continue
to discuss his case and welfare with the US authorities. Our request
for his release and return to the UK remains open should the US
position change.
4. In response to Recommendation 14 made
by the Committee, the Government indicated that there is still
no Ministerial agreement about a mechanism for regulating private
security firms. The Committee would be grateful for an update
on the progress made on this issue.
We hope to announce our way forward on this
issue in the early part of this year.
5. In response to Recommendation 26 made
by the Committee in relation to Russia's human rights record,
the Government indicated that it would be pursuing this issue
via the six-monthly EU-Russia Human Rights consultation (October
2008) and annual bilateral human rights dialogue each autumn.
Given that both will now have taken place, the Committee would
be grateful for an update on the progress made in these discussions.
The EU held a human rights dialogue with Russia
in October 2008. The UK held bilateral human rights discussions
with Russia on 16 January 2009. In the course of these talks,
a number of different issues were raised, including equality and
minorities, with a focus in the bilateral talks on problems of
racist crime, NGOs and restrictions on civil society, freedom
of expression, human rights in the context of counter-terrorism,
engagement with international human rights institutions, penal
reform and the rule of law. Both the UK and the EU expressed concern
about individual cases, and asked for follow-up information on
them. Our approach was shaped after consultation with NGOs both
in the UK and in Russia. In our bilateral talks we also raised
Russia's human rights obligations in South Ossetia and Abkhazia,
and continuing concern over the lack of Russian co-operation in
the Litvinenko case. The UK is actively looking to secure Russian
engagement on a number of human rights issues so as to continue
the dialogue on a practical level.
6. In response to Recommendation 29 made
by the Committee, that the Government should provide diplomatic
assistance to NGOs in their efforts to gain access into Sudan,
the Government described its efforts in this regard. The Committee
would be grateful for an update on this matter.
We continue to press for full humanitarian access
for NGOs through our shared seat on the High Level Committee,
which oversees the implementation of the Joint Communiqué
on the facilitation of humanitarian activities in Darfur. The
Committee played a successful part in persuading the Government
of Sudan to agree in November 2008 to extend the Darfur Moratorium
on Restrictions for another year until 31 January 2010.
We took the opportunity provided by the visit
to Sudan in November 2008 of the UN's Emergency Relief Coordinator,
Sir John Holmes, to press the Government of Sudan to abide by
the terms and spirit of the Joint Communiqué, raising concerns
about the situation in South Darfur, where the approach of authorities
to NGOs has been particularly heavy handed. We are also supporting
NGO requests to receive multiple entry visas for all staff and
for the removal of internal travel permits.
In the context of a possible announcement by
International Criminal Court (ICC) to seek an arrest warrant for
the Sudanese President, we are reminding the Government of Sudan
of their responsibility to ensure the safety of humanitarian workers
and to sustain humanitarian operations whatever the outcome. We
follow up with the Government on all these issues regularly.
5 February 2009
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