Trade Bill — House of Lords, 2021-02-02
Topic: International Affairs
David Alton (Crossbench, Unknown): My Lords, I would like to add my voice to that of the noble Lord, Lord Collins, before I turn to my own all-party amendment on genocide. His proposition that great thought must be given to a more coherent and comprehensive approach to dealing with gross violations of human rights is the right approach. It is always a privilege to follow the noble Lord because many of the same issues motivate and animate the two of us, and it is always a privilege to speak about these issues in your Lordships’ House As co-chair and co-founder of the All-Party Parliamentary Group on North Korea, I gave evidence to the United Nations commission of inquiry into human rights violations in North Korea. Six years ago, it found North Korea to be a state "without parallel". Its crimes were found to include "extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation." It concluded that these crimes were "ongoing … because the policies, institutions and patterns of impunity that lie at their heart remain in place." It also concluded that crimes against humanity had been committed, and recommended that the Security Council request that the International Criminal Court initiate a prosecution. That has never happened because, as the United Kingdom repeatedly says, China would use its veto to prevent a referral to the ICC. That is on the issue of crimes against humanity and human rights violations, even before one comes to the crime above all crimes—genocide Of course, we should challenge the ability of any country to use a veto when human rights violations of this magnitude are found by a commission established by the United Nations, but there is no treaty obligation to prevent even crimes against humanity. However, there is one on genocide—hence the amendment in lieu that I have laid before your Lordships today and on which, later, I will seek the opinion of the House On Thursday last, I spoke during the proceedings on the telecommunications Bill. I was grateful to the noble Baroness, Lady Barran, for responding so positively to many of the points that I and other noble Lords had made to her and, as a consequence, it was possible not to have a Division. During that debate, I outlined some of the appalling atrocities which have been occurring in Xinjiang and which the noble Lord, Lord Collins, has just referred to—an issue which I first raised in your Lordships’ House in 2008. I am vice-chairman of the All-Party Parliamentary Group on Uighurs and follow this matter on an almost day-by-day basis This amendment on genocide has its origins not in China or Xinjiang or in the Uighurs but in 2016, when, despite Parliament passing a Motion on genocidal crimes against Yazidis and other minorities, the Government refused to accept it because a court had not made the declaration. The all-party genocide amendment remedies a circular argument. It also supports the position of successive Governments that only a court has the authority and ability to make such a determination. For at least a generation, the policy of all Governments has been that genocide determination is a matter for courts, not politicians Boris Johnson, at Prime Minister’s Questions on 20 January, said that "the attribution of genocide is a judicial matter".—[Official Report, Commons, 20/1/21; col. 959.] Dominic Raab, the Foreign Secretary, said on "The Andrew Marr Show" on 17 January, "Whether or not it amounts to genocide is a matter for the courts." Boris Johnson, as Foreign Secretary, said on 21 November 2017 that "genocide is a strict legal term, and we hesitate to deploy it without a proper judicial decision."—[Official Report, Commons, 21/11/17; col. 839.] The United Kingdom reviewed this policy in 2016. The then Prime Minister, David Cameron, concluded: "It is not for the Government to be prosecutor, judge and jury … Not only are the courts the best place to judge criminal matters but their impartiality also ensures the protection of the UK government from the politicisation and controversies that attach themselves to the question of ‘Genocide’."