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Racial Discrimination: Dependent Territories' Reports to UN Committee

Lord Lester of Herne Hill asked Her Majesty's Government:

Further to the Written Answer given by Lord Chesham on 26th March 1996 (Hansard WA 125), whether they have now submitted their reports on the Dependent Territories to the Committee on the Elimination of Racial Discrimination.

The Minister of State, Foreign and Commonwealth Office (Baroness Chalker of Wallasey): The UK and Hong Kong's 14th reports in respect of the International Convention on the Elimination of All Forms of Racial Discrimination, together with a combined 13th and 14th report in respect of the Crown Dependencies and other Dependent Territories was submitted to the Committee on the Elimination of Racial Discrimination in November 1996.

The reports will be placed in both Libraries.

EC Human Rights Commission Report: Greece v. UK

Lord Lester of Herne Hill asked Her Majesty's Government:

Further to the Written Answers given by Baroness Chalker of Wallasey on 16th May (WA 63), 11th June 1996 (WA 163) and 11th November 1996 (WA 80), whether the outcome of their searches has revealed a copy of the report of the findings of the European Commission of Human Rights of 26th September 1958 in Application No. 176/56 Greece v. United Kingdom.

Baroness Chalker of Wallasey: Yes. The report has been located in the Council of Europe archive and the FCO has requested a copy.

30 Jan 1997 : Column WA107

Cayman Islands and British Virgin Islands: Right of Individual Petition

Lord Lester of Herne Hill asked Her Majesty's Government:

Further to the Written Answer given by Baroness Chalker of Wallasey on 29th June 1995 (WA 59), whether the review of legislation in the Cayman Islands and the British Virgin Islands has been concluded so as to ensure that victims of violations of the European Convention on Human Rights by the public authorities of the Cayman Islands and the British Virgin Islands have effective domestic remedies in those territories.

Baroness Chalker of Wallasey: The review of legislation has not yet been concluded. In the Cayman Islands the Select Committee's final report, in November 1996, concluded that "there should be an opportunity for the public to make representation to a select committee and for full public debate on the matter and, if necessary, a referendum". The new government will now have to consider this. The British Virgin Islands legislature has agreed that a Bill of Rights should be included in the constitution. Once the text is agreed a review of existing legislation will begin, to ensure that it conforms with the new Bill of Rights.

Arms: Turkey and Northern Cyprus

Lord Avebury asked Her Majesty's Government:

What inquiry they will conduct into the assertion by the former head of weapons procurement, General Donald Iles, reported in the Observer of 19th January 1997, that arms sold by the United Kingdom to Turkey had been deployed in northern Cyprus; whether the Cabinet Minister to whom this disclosure was made reported it to the Cabinet; and what precautions they take, in considering the sales of any weapons to Turkey, to observe the Organisation for Security and Co-operation in Europe (OSCE)s Principles Governing Arms Transfers, and in particular to avoid transfers which would be likely to:

(1) be used for the violation or suppression of human rights and fundamental freedoms;

(2) threaten the national security of other states;

(3) contravene Turkey's international commitments, in particular in relation to decisions taken by the OSCE Council;

(4) prolong or aggravate an existing armed conflict, taking into account the legitimate requirement for self-defence;

(5) endanger peace, introduce destabilising military capabilities into a region, or otherwise contribute to regional instability;

(6) be used for the purpose of repression; or

(7) be used other than for the legitimate defence and security needs of the recipient country.

30 Jan 1997 : Column WA108

Baroness Chalker of Wallasey: We have no evidence, nor reason to believe, that arms sold by the UK to Turkey are, or have been, deployed in northern Cyprus. We are committed to a responsible policy of defence sales and consider all applications for the export of defence equipment on a case by case basis in the light of established criteria, including the OSCE's principles governing conventional arms transfers. We do not permit the export of equipment which is likely to contravene these principles or the other international guidelines to which we adhere.

Arms: Cyprus

Lord Kennet asked Her Majesty's Government:

Whether they share the opinion of the Turkish Government that S-300 anti-aircraft/anti-missile missiles which the Government of Cyprus is reported as buying from Russia are offensive (in that they would be capable of striking targets in Turkish air space) and therefore should not be deployed; and, if so, whether this means they consider all anti-missile missiles of this type to be offensive weapons.

Baroness Chalker: The S-300 is a surface-to-air missile (SAM) system that is primarily designed to fulfil an air defence role. As with any SAM, however, there might be circumstances in which the S-300 could be used in an offensive capacity. We have made clear to the government of Cyprus that we regret their decision to buy this system.

Arms: Embargoes

Lord Avebury asked Her Majesty's Government:

Whether they will list the arms embargoes to which they currently adhere, giving the date each one came into force; and, where a different date applied in the Isle of Man, the Channel Islands or any of the dependent territories of the United Kingdom, whether they will state the name of the territory and the date on which the embargo came into force there.

Baroness Chalker of Wallasey: The United Kingdom currently applies the following arms embargoes:

UN arms embargoes

	Came into force in
	UK	Crown Dependencies	Dependent Territories
Iraq(1)	09/08/90	30/08/90	09/08/90
Libya	15/04/92	15/04/92	15/04/92
Somalia	22/07/93	21/12/96	16/05/95
Liberia	22/07/93	21/12/96	16/05/95
Rwanda	24/06/94	21/12/96	16/05/95
Angola	01/10/93	01/10/93	01/10/93

(1) The Isle of Man was covered by the Order in Council for the UK (SU 1651 (90) on Iraq which came into force on 9th August 1990). Thus, the Crown Dependencies Order in Council (SI 1771 (90) which came into force on 30th August 1990) only covered the Channel Islands.

30 Jan 1997 : Column WA109

EU, OSCE and national embargoes

	Type	Date Agreed
Afghanistan	EU	17/12/96
Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia	EU	26/02/96
Burma	EU	29/07/91
China	EU	26/06/89
Nigeria	EU	20/11/95
Sudan	EU	15/03/94
Zaire	EU	07/04/93
Armenia and Azerbaijan	OSCE	28/02/92
Argentina	National	03/04/82
Iran	National	01/03/93

EU, OSCE and national embargoes are implemented in the UK and Isle of Man by means of the Import, Export and Customs Powers (Defence) Act 1939 and the Export of Goods (Control) Orders made under it, immediately following their adoption. In the case of the Channel Islands, Customs services there are systematically informed by the DTI of any changes to orders made under the 1939 Act which are then reflected in their law. When an export licence (including those for embargoed destinations) is sought from the Jersey or Guernsey authorities, it is referred by them to the DTI for advice. Licences are only granted where DTI say that there is no objection. The Inter-Departmental Committee on Trafficking in Arms reported that there had been no systematic application of arms embargoes, other than UN embargoes, to dependent territories. Work is in hand to correct this.

Transportation of Nuclear Materials: Pacific Teal

Lord Kennet asked Her Majesty's Government:

Whether they accept that the Malaysian Government have a right to exclude from its waters a British-flag ship carrying recycled nuclear waste between France and Japan, and, if so, from which waters; and whether they have been approached by any other countries about the passage through their waters of the Pacific Teal.

Baroness Chalker of Wallasey: Of the three routes used by Pacific Nuclear Transport Ltd. (PNTL) in transporting nuclear materials, none involve sailing through South-East Asian waters. Like all merchant vessels at sea, under the United Nations Convention on the Law of the Sea, the Pacific Teal has the right of innocent passage and freedom of navigation through both territorial waters and exclusive economic zones. Governments of countries on the ship's routes, and others that have inquired, were informed about the extensive safety measures taken in respect of such shipments.

30 Jan 1997 : Column WA110

Guantanamo Naval Base

Lord Kennet asked Her Majesty's Government:

What in their view is the status in international law of the United States base at Guantanamo Bay in Cuba.

Baroness Chalker of Wallasey: It is not for the Government to comment on the treaty arrangements between the United States and Cuba governing the Guantanamo Naval Base. We understand that the United States occupies the base at Guantanamo Bay under a lease of indefinite duration which was granted under an agreement of 1903 between the government of the United States and Cuba, as amended and reaffirmed in the Reciprocity Treaty of 1934.

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