Committees on Arms ExportsLetter to the Chair of the Committees from Alistair Burt MP, Parliamentary Under-Secretary of State, Foreign and Commonwealth Office

Thank you for your valuable contribution to the FAC’s recent Westminster Hall debate on the FCO’s 2010 Command Paper on Human Rights and Democracy. You made a number of salient points, which I shall try to answer below.

You asked firstly why it is that the Overseas Security and Justice Assistance Human Right Guidance (“OSJA Guidance”) guidance we published recently contained no reference to women’s rights. As we made clear in the Guidance, the document was not intended, as an exhaustive list of all possible human rights violations nor of all the mitigation steps that might be appropriate in a particular situation but is a way of ensuring that a consistent approach to the consideration of human rights implications is taken.. The document is intended as a working document.

The Guidance does however refer specifically to sexual violence and human trafficking, issues which affect women and girls in particular; and more broadly, the need to protect and promote women’s rights is mainstreamed throughout the Guidance. The Guidance also lists the persecution of an identifiable group as a specific potential violation that should be considered. This is intended to include persecution on the grounds of gender as well as on grounds of race, ethnicity, religion, sexual orientation, etc. The FCO is currently holding an internal review of the Guidance, which will include a review of those elements that deal with gender issues. The review will focus on how the Guidance has been implemented and whether any further changes need to be made to ensure the Guidance, is effective, and user-friendly. The review will also be an opportunity for users of the Guidance to provide feedback on the content of the Guidance, including the extent to which it supports our goal of protecting and promoting women’s rights.

You also asked about the lack of reference to the Consolidated Criteria on arms exports in the Guidance. In fact, reference to the Consolidated Criteria can be found on page 9, in Checklist A, the practical tool intended to assist staff to apply the Guidance. In footnote 2, which appears in full on the first page of Checklist A, the Guidance states:

“The Checklist is not intended to cover the export of military or security equipment although much of the information relevant to this Guidance will be relevant to assessments made under the Export Licensing Criteria. If the provision of equipment is part of your assistance, you must consult the Consolidated Arms Export Licensing Criteria.” Although it is intended that information sought under this Guidance can be used to help make decisions under the Consolidated Criteria, the specific tests set out in the Consolidated Criteria and the processes already in place to deal with arms exports must apply when there is a question of exporting arms. It is therefore important that staff should be specifically directed to the Consolidated Criteria and the departments with expertise in this area when faced with decisions on arms exports.”

You also suggested that the Government had “gone soft” on Bahrain in view of its strategic importance. I want to assure you that this is not the case. Although Bahrain is a key ally, we do not hesitate to express disagreement with the Bahrain authorities where we feel it to be necessary. We have therefore made it clear to them that the civil rights of peaceful opposition figures, along with the legitimate exercise of freedom of expression and peaceful assembly, must be respected. We have also said that we expect the Bahrain Government to meet its human rights obligations by ensuring its citizens can exercise the universal human rights and freedoms to which they are entitled and to which it has committed.

The King of Bahrain met the Prime Minister in December following the publication of the Bahrain Independent Commission of Inquiry. Their discussions focussed on the King’s plans to implement reforms in the country, during which the Prime Minister emphasised the importance of strengthening respect for human rights in Bahrain. He urged the King to deliver swiftly on the commitments he has made to implement the recommendations from the Inquiry and to drive forward reform and reconciliation in the country, engaging with the opposition as part of that process.

We continue to encourage the Bahraini Government to ensure there is greater accountability against those that commit human rights abuses.

I am asking for a copy of this letter to be placed in the Library of the House. Copies will also be sent to Richard Ottaway as Chairman of the FAC and to Andrew Rosindell, who chaired our debate on 26 January.

20 February 2012