Submission from Amnesty International
UK
SUMMARY
— It may seem obvious that diplomatic
relations vary according to the state and issue. However, as well
as hindering improvements in human rights internationally, this
can risk damaging the UK's authority and standing as a human rights
champion. There is a need for greater consistency in the application
of and respect for human rights in the UK's foreign policy. This
is particularly true in relations with strategic or trade partners
as well as in counter-terrorism policies. — The UK has
a role to play in improving the transparency of detention practices.
Far too many detainees continue to be held for long periods of
time without charge or fair trial. There is also important work
to be done improving the human rights protection of women and
girls in conflict situations, including tackling the climate of
impunity within conflict zones. — In other conflicts
and post-conflict situations, there is a need for justice system
reform and efforts to end impunity. All human rights abuses must
be subject to thorough independent and impartial investigation;
those responsible for such abuses must be brought to justice.
To cite one specific example, a culture of impunity prevails throughout
the Occupied Palestinian Territories (whether it is abuse committed
by Israeli settlers, Palestinian armed groups, or the Israeli
Defence Force). This abuse is rarely investigated and the perpetrators
are rarely prosecuted. The Government should use its influence
to encourage all parties to meet international obligations and
standards in this regard, ensuring that laws are upheld and respected.
— The UK continues to play a leading
role in efforts to end use of the death penalty; this is pressing
in several post-conflict situations as well as long-term state
abusers.
— The UK has considerable global reach,
in part because of its range of bilateral and multilateral relationships.
It is essential that the Government continue its positive work
in support of international institutions and mechanisms. It is
now necessary to work more creatively to build and strengthen
multilateral alliances to address concerns about the weakness
of this international infrastructure. The UK's work implementing
UNSCR 1325 and 1820 on women, peace and security and in pursuit
of a robust and comprehensive Arms Trade Treaty are critical.
— There is a need to improve protections
in the area of overseas business practices; voluntary initiatives
offer insufficient human rights protection. The Government should
recognise its duty to hold companies to account for their impacts
abroad and establish more robust standards.
INTRODUCTION
1. The FCO Annual Report (the Report) is
an important document that offers an opportunity to hold the Government
to account for its international work on human rights. Much of
this work is commendable; in many areas the UK works hard to uphold
and promote international human rights law and standards. However,
there are areas in which the UK falls short of the vision set
out by the Foreign Secretary in his foreword to the Report. In
large part this relates to the way the UK works with allies such
as Saudi Arabia, Pakistan or China, where strategic interests
appear to trump human rights concerns.
2. The Government might argue that these are
difficult areas and that diplomatic relationships require quiet
as well as public diplomacy. However, Amnesty International (AI)
believes that consistent and steadfast promotion of human rights
should be fundamental to the UK's role in the world. Only a short-term
approach could consider there to be tension between human rights
and the UK's national interest.
3. In this submission, AI has focussed on
a small number of themes and countries. We have made a separate
submission on counter-terrorism issues. Our annual report contains
more detailed country information. AI also made a recent joint
submission to the Committee on Arms Export Controls outlining
concerns in this area.
ARMS TRADE
TREATY
4. The need for a global Arms Trade Treaty
(ATT) remains acute. Alongside its international partners, the
UK continues to play a lead role promoting the ATT. However, AI
is concerned that a small minority of sceptical states may influence
the outcome of current ATT discussions and weaken the eventual
treaty.
5. An ATT will only save lives and protect human
rights if it is truly comprehensive, robust and effectively implemented.
The eventual treaty must enshrine the core principles of international
human rights, humanitarian law and sustainable development if
it is to be effective at saving lives. It must also cover all
aspects of international arms transfers, including import, export,
transit, transhipment, overseas production and arms brokering
activities.
6. AI is concerned about discussions limiting
the ATT's scope to the seven categories on major conventional
weaponry from the UN Register of Conventional Arms (UNRCA), plus
small arms and light weapons, often referred to as "7+1".
This would exclude many categories of weapons and police and internal
security equipment that are used in the commission of human rights
violations, including ammunition and explosives, many types of
military vehicles, vessels and aircraft, and many categories of
ordnance including short-range missiles and bombs. It would also
exclude components and parts, which are central to international
supply chains that dominate the increasingly global nature of
the production of conventional weapons. The Government appeared
to endorse such a narrow scope in its statement to the recent
Open Ended Working Group in March 2009, although it did make explicit
reference to the need to regulate the components for 7+1.
7. The Government and its ATT allies should
make an explicit public commitment to establish by 2011 an ATT
founded on core principles of international human rights, humanitarian
law and sustainable development and covering all aspects of international
arms transfers, including import, export, leasing, gifts and aid,
transit, transhipment, overseas production and arms brokering
activities. The Government should respond to the change in the
US administration by increasing its engagement on the ATT with
the US at the political level and through contacts among officials,
and by encouraging the UK defence industry to engage its US counterparts.
The Wassenaar Arrangement military list should be used as the
basis for the equipment covered by an ATT; it is comprehensive,
multilateral, enjoys the support of a majority of arms exporting
states, and is an agreed international standard for the classification
of conventional weapons.
HUMAN RIGHTS,
DEVELOPMENT AND
POVERTY REDUCTION
8. The UK is proud of its record on poverty
alleviation. However, while the Government has long had an avowed
rights-based approach to development, we believe that it has paid
insufficient attention in policy and practice to the role of international
human rights law in ensuring accountability and enabling empowerment
in this field or to the impact of "Financing for Development"
on poverty alleviation. AI urges the Government to redouble its
efforts and bring rights more to the forefront of its poverty
alleviation work.
9. Likewise, while AI commends the Government
for its focus on the Millennium Development Goals, the MDGs set
lower targets for development than are required by international
law, only partially reflect the economic, social and cultural
rights that states are obliged to address and are silent on the
issue of discrimination. The Government should ensure that international
standards on poverty alleviation are met and that the most vulnerable
groups in society are the focus of their efforts.
10. It is vital that international institutions
and legal standards that affect development are strengthened.
The Report rightly remarks on progress in this area through the
adoption of an Optional Protocol to the International Covenant
on Economic, Social and Cultural Rights. The Government should
support the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights; this would be a powerful
signal of the UK's commitment to the role of human rights in poverty
alleviation worldwide.
BUSINESS AND
HUMAN RIGHTS
11. The UK's obligations abroad extend to
holding privately owned-companies based in the UK accountable
for the impact that their activities have on human rights outside
the UK. This reflects comments by several UN Treaty Monitoring
Bodies as well as reports by the UN Special Representative covering
business and human rights.
12. The initiatives referenced in the Report
as pertaining to ethical business practice overseas (Voluntary
Principles on Security and Human Rights, OECD Guidelines and Extractive
Industries Transparency Initiative) relate only to commitments
that companies agree to enter into voluntarily. These measures
do not offer sufficient protection for human rights on the ground.
13. The Government should recognise its
duty to hold companies to account for their impacts abroad and
establish more robust standards. As a minimum, companies should
be required to undertake human rights impact assessments of their
activities. In the longer term, a specialised Commission to investigate
complaints against UK companies relating to abuse in other countries
is required.
CONFLICT AND
INTERNATIONAL INSTITUTIONS
14. International institutions and mechanisms
continue to struggle to respond robustly to conflict. This reflects
a lack of political will, and in some cases problems with membership
structures and funding pressures.
15. The UK took swift action at the UNSC on the
resolution for a ceasefire in Gaza, but international action to
tackle the crisis in Sri Lanka has stalled due to the Chinese
and Russian positions. The UNSC resolutions that were eventually
passed on Darfur have yet to be fully implemented, and there remain
too few peacekeepers on the ground. In this context, AI welcomes
the ICC's issue of an arrest warrant for President Bashir in March
2009 for war crimes and crimes against humanity in Darfur. It
is critical that the Government continue to take a firm stand
in its support for the ICC's work in this area.
16. The Human Rights Council (HRC) struggled
to reach agreement on tackling the 2008 crisis in Eastern DRC
and despite a UNSC decision to send 3,000 extra troops to the
region, they have yet to arrive. The Council process of Universal
Periodic Review (UPR, whereby all 192 UN Member States are reviewed
in 2008-11) offers new opportunities to assess country situations.
AI welcomes the USA's decision to consider standing for election
to the Council.
17. The UK continues to support multilateralism
and a range of funding and programmes that contribute to conflict
prevention. However, AI is concerned that funding for the Global
Conflict Prevention Pools will be reduced as a result of increased
spending on peacekeeping. Rather than cutting the Global Conflict
Prevention Pools, the Government should consider increasing funding
directed at the root causes of conflict.
18. The UK consistently speaks of its desire
to strengthen multilateralism in order to tackle global challenges.
However, further effort is required to achieve international consensus
and build and strengthen the alliances required.
WOMEN, PEACE
AND SECURITY
19. AI welcomes, as noted in the report,
the fact that the UK was one of the first countries to draw up
a national action plan to implement UNSC Resolution 1325 (2000)
on women, peace and security. We also welcome UNSC Resolution
1820 (2008); the UK has played a leading role in pushing the UNSC
to recognise that stopping sexual violence in conflict zones is
important to achieving international peace and security. These
Resolutions aim to ensure women's equal participation in conflict
prevention, conflict resolution and post-conflict peace building,
and to increase the human rights protection of women and girls
in conflict situations.
20. Modest progress continues to be made in mainstreaming
gender considerations in peace-keeping initiatives, but impunity
remains rife in conflict zones. Most acts of violence against
women are never investigated, and perpetrators commit their crimes
safe in the knowledge that they will never face arrest, prosecution
or punishment. AI calls for women's full participation in decisions
affecting their lives, including processes relating to conflict
prevention, conflict resolution and peace-building. AI urges the
Government to implement international law and commitments that
protect and promote women's and girls' human rights. This includes
implementation of landmark UNSC Resolution 1325 on women, peace
and security, as well as Resolution 1820 on sexual violence in
conflict-affected situations. We urge the Government to implement
the UN Secretary General's recommendation that a dedicated mechanism
be established to monitor violence against women within the framework
of Resolution 1325.
ISRAEL AND
THE OCCUPIED
TERRITORIES
21. The Report comprehensively summarises
a range of human rights concerns that AI has highlighted in its
work. We welcome the Report's commitment to press hard for full
respect of human rights in dialogue with the Israeli and Palestinian
authorities. However, there is little evidence that the Government's
current approach is achieving tangible improvements. The Government
should consistently call for action by both the Israeli and Palestinian
authorities to ensure that all human rights abuses are subject
to thorough independent and impartial investigations, and that
those responsible for such abuses are brought to justice. A culture
of impunity prevails throughout the Occupied Palestinian Territories,
whether it is abuse committed by Israeli settlers, Palestinian
armed groups, or the Israeli Defence Force. This abuse is rarely
investigated and the perpetrators are rarely prosecuted. The Government
should use its influence to encourage all parties to meet international
obligations and standards in this regard, ensuring that laws are
upheld and respected.
22. The Report's section on the recent Gaza conflict
highlights the UK's grave concern about allegations of war crimes.
However, UK calls for the Israeli authorities to investigate allegations
of crimes committed by its forces are inadequate. Time and time
again, the Israeli authorities have shown themselves unable or
unwilling to carry out such investigations in an independent and
impartial manner. It is critical that the Government and the international
community support and urge all sides to cooperate with the UN
Human Rights Council investigation and ensure that the perpetrators
of human rights abuses are brought to justice in fair trials.
STRATEGIC ALLIES:
PAKISTAN AND
SAUDI ARABIA
23. The Report identifies many of the serious
human rights concerns in Pakistan. Armed groups continue to commit
serious human rights abuses, including direct attacks on civilians,
indiscriminate attacks, abduction and torture. The Pakistani Government's
response has vacillated between often indiscriminate and disproportionate
military and police operations and accommodation of tribal armed
groups and the Pakistani Taleban.
24. Enforced disappearance and torture are widespread.
In November 2008, a Senate Committee reportedly acknowledged that
intelligence agencies maintain "countless hidden torture
cells". The police hold detainees for long periods of time
without bringing them before a magistrate, as required by law;
in December 2008, hundreds were imprisoned under preventive detention
legislation. The Government should urge its Pakistani counterpart
to refrain from disproportionate and indiscriminate military operations
and to improve the accountability of the intelligence agencies.
25. Women and girls suffer human rights
violations at the hands of the state and, in the absence of appropriate
government action, in the community, including "honour"
killings, forced marriage, rape and domestic violence.
26. The Government has done important work
to promote an independent judiciary in Pakistan; AI urges the
Government to provide technical expertise to advise on rules regarding
the appointment and removal of judges and procedural guarantees
for the independence of the judiciary.
27. The Report is overly optimistic about
the degree of change in Saudi Arabia and underplays the seriousness
of human rights concerns there.
28. Improvements in women's rights are limited
and mainly apply to women with significant financial resources;
women continue to encounter severe restrictions to their freedoms.
By suggesting that most Saudis are content with institutionalised
restrictions on women's freedoms, the Report risks undermining
human rights principles.
29. Despite a fall in the number of people
executed in 2008, the death penalty remains a serious concern.
Trials are often secret and unfair. A large proportion of those
executed are foreign nationals, many of whom have no access to
a defence lawyer and no understanding of Arabic trial proceedings.
Children are routinely sentenced to death.
30. Thousands remain detained without trial
and are denied basic rights; these include terrorism suspects.
31. As part of the Two Kingdoms dialogue,
the Government should work to develop meaningful benchmarks for
human rights improvements. The Government should also make more
use of the EU Human Rights Experts Group to encourage the Saudi
authorities to introduce genuine human rights changes. In particular,
new legislation should conform to international human rights standards
and reforms to the criminal justice system must challenge the
prevailing culture of secrecy.
REGIONAL POWERS:
CHINA AND
RUSSIA
32. The human rights situation in China
has seen little improvement. China's hosting of the Olympics brought
heightened repression throughout the country as the authorities
tightened control over human rights activists, religious practitioners,
ethnic minorities, lawyers and journalists. Hundreds of people
remain in detention or unaccounted for after the protests and
unrest in Tibet. The Chinese authorities have launched sweeping
crackdowns on the Uighur population in the Xinjiang Uighur Autonomous
Region. Tight control continues to be exercised over the flow
of information, with many websites blocked, and journalists and
internet users harassed and imprisoned.
33. Before the Prime Minister's last visit, the
Government published its framework for engagement with China with
a strong focus on addressing China's emergence as a global economic
and political force. AI believes that these two facets weigh far
more heavily on UK policy than the third pillar of the framework
which covers, among other things, human rights.
34. The Government remains firmly wedded
to a policy of engagement and co-operation in its promotion of
human rights with China. However, there is little evidence that
this approach is achieving tangible results. The Government also
remains muted in its public criticism of China's human rights
record.
35. The Government has consistently refused
to set benchmarks or timescales for its bilateral human rights
dialogue with China. However, commitments made by China during
the Universal Periodic Review process and in its newly published
human rights action plan include some concrete targets for 2010.
The Government should incorporate the delivery of these commitments
into the objectives of its dialogue with China. In particular,
it should maintain the pressure for a timetable for China's ratification
of the International Covenant on Civil and Political Rights.
36. The North Caucasus remain an unstable
region where there are serious concerns over torture, enforced
disappearance and unlawful killings. The Government should actively
support calls made, during the HRC's review of Russia, for the
UN Working Group on enforced disappearances and the Special Rapporteurs
on torture and on extra-judicial, summary or arbitrary executions,
to have access to Ingushetia and the North Caucasus.
37. The law to combat extremism and legislation
on libel and slander are being used to stifle dissent and silence
journalists and activists. The Government should press the Russian
authorities for a thorough investigation of the recent murders
of journalist Anastasia Baburova and human rights lawyer Stanislav
Markelov.
CONFLICT ZONES:
IRAQ AND
AFGHANISTAN
38. Despite a marked reduction in violence
in Iraq, civilians continue to be killed or injured by armed groups
as well as the MNF and Iraqi government forces. The MNF and Iraqi
authorities hold thousands of detainees, most without charge or
trial—some for up to five years. The Iraqi authorities hold
some detainees incommunicado in secret detention facilities. Iraqi
forces continue to commit gross human rights violations. Prison
guards and security forces are reported to commit torture; detainees
held by Interior Ministry officials are particularly at risk.
39. There is extensive use of the death penalty.
Most death sentences follow flawed criminal procedures, with reports
that "confessions" are obtained under torture or other
duress. Trials of former officials have been marred by political
interference.
40. Violence against women remains serious,
with women threatened and attacked for not complying with strict
codes of behaviour, including dress codes. The Iraqi authorities
continue to fail to provide adequate protection against violence.
Several million Iraqis remain displaced, both internally and abroad.
41. The Kurdistan region is less affected
by the conflict, but there are reports of security force abuse
and violence against women.
42. The Government should urgently press
its Iraqi counterpart to establish a moratorium on executions.
The Government should further press the US and Iraqi authorities
to charge and bring to trial detainees, or release them.
43. The security situation in the south
and east of Afghanistan is poor, with increasing civilian casualties
from insurgent attacks and operations by Afghan and international
forces. International forces must reduce civilian casualties and
embrace accountability. The Government should:
— develop and implement a consistent,
clear and credible mechanism for receiving complaints and investigating
claims of civilian casualties or injuries resulting from its military
operations; and
— create a unified, or at least coherent
and consistent, system of assisting civilians.
The Government should work with its NATO allies
to ensure that victims of violations of international humanitarian
law receive adequate redress, including compensation.
44. More than 600 detainees are held at
Bagram and other US military facilities outside the protection
of international human rights law and domestic law. NATO and US
forces continue to hand over detainees to Afghanistan's intelligence
service, which perpetrates human rights violations including torture.
Arbitrary arrest and detention by the police, other security agencies
and private militias working with Afghan and international security
forces, are widespread. The Government should press its Afghan
counterpart and other international allies to seek mechanisms
to ensure fair trials for those in detention, including the option
of mixed tribunals to try those apprehended in counter-insurgency
operations. While there is a risk that they will face torture
or other ill-treatment, UK forces should not hand over detainees
to the sole control of the Afghan authorities.
45. The Afghan Government is often corrupt
and/or ineffective. An electoral vetting process is required to
keep out corrupt and abusive candidates ahead of the 2009-10 elections.
The Government should urge its Afghan counterpart to vet electoral
candidates facing credible allegations of serious human rights
abuse and links to armed groups; the Government should provide
practical support in this respect.
46. AI welcomes the Government's efforts
to improve gender equality, but rates of domestic violence remain
high, with little if any recourse to legal protection. The Report
fails to mention the high numbers of forced and under-age marriage.
Women who have sought to flee abusive marriages have been prosecuted
for offences such as "home escape" or "moral"
crimes. The Government should support and protect women human
rights defenders by offering temporary shelter to those at risk
or contributing to local initiatives, including shelters. The
Government should continue to fulfil its commitments under UNSCR
1325 through practical projects that promote understanding of
women's roles in conflict prevention and resolution and peacebuilding.
47. To help address the failings of the
judicial sector, the Government should provide funding and resources
to strengthen the reform of the criminal justice system, including
comprehensive training of the judiciary and police in order to
implement international law and standards which promote and protect
the rights of women.
24 April 2009
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