Memorandum submitted by the Foreign and
Commonwealth Office
Thank you for your letter of 16 January. Mr
Rammell is also very much looking forward to the oral evidence
session on Tuesday 24 February.
Your letter set out a number of requests for
clarification and further information. I would like to respond
to these one by one:
1. The committee wishes to have a note on
the most recent progress of negotiations on the status of British
internees at Guantanamo Bay.
The UK/US talks on the future of the British
detainees referred to on page 19 of the Annual Report on Human
Rights continue.
The Prime Minister discussed Guantanamo Bay
with President Bush during his recent state visit to the UK. On
12 November 2003, the Prime Minister told the House of Commons
that: "We have been in discussion with the American administration
about this issue for several months, and I hope that we can resolve
it quickly. It is important to ensure . . . that it is resolved
on the basis of a proper trial being held in respect of these
people, any of whom can be charged. If that cannot be done, it
is important that they should be returned. I do not want to say
any more at this stage, other than that we are trying to resolve
the situation, and that it is important that we do so. I hope,
however, that the House and the country also take account of the
fact that this situation—which I agree is exceptional—arose
out of the situation in Afghanistan and out of a conflict in which
British troops were involved. As well as ensuring that people
get a fair trial, it is also important to protect the security
of this country."
The Prime Minister also told the House of Commons
on 7 January 2004: "Talks are continuing on the issue. Not
much has happened over the Christmas period, for obvious reasons,
but I hope that we will shortly be able to tell the House how
the issue will be handled, particularly in relation to the British
detainees at Guantanamo Bay. I return to the point that I have
made on many occasions, however, which is particularly important
to emphasise when there is still rightly a lot of concern about
possible terrorist activity: some of the information that we have
had from those detained at Guantanamo Bay has been of immense
importance".
Most recently on 11 February, the Prime Minister
told the House of Commons: "We are continuing to negotiate
over whether those people should be tried by the US commission,
or whether they should be returned. There is an option, in the
end, over which of those courses is pursued. I am sorry—I
have to say this—that the process is taking time, but it
is taking time, as I hope the House understands, for very good
reasons. We want to make sure that if people are brought back
here—I say this without any disrespect to those people—that
does not in any shape or form endanger the security of this country".
In addition to the talks, British officials
paid their sixth visit in September 2003 to check on the welfare
of the British detainees. The key elements of the visit were presented
to the House at the time.
2. Could you please provide the Committee
with an update on the latest work by the ongoing investigation
into Iraqi human rights abuses under the Saddam Hussein regime?
Coalition provisional authority (CPA) staff
are not currently carrying out any criminal investigation into
human rights abuses under the Saddam Hussein regime. The only
dedicated investigator sent to Iraq, who was from the UK, has
now left. There are two officials who are working on the development
of infrastructure for investigations rather than on gathering
information. One is an analyst from Australia. The other is an
evidence custodian from the UK.The supplemental budget (passed
by US congress last year) includes US$75 million for investigations
(including US$960,000 for documentation exploitation) but this
money has not yet been released. Progress on investigation of
past atrocities is now dependent on the arrival of these funds.The
UK has seconded seven officials to the CPA office of human rights
and transitional justice (OHRTJ). The OHRTJ is divided into the
office of human rights and the office of transitional justice.
In both areas the UK has made a significant contribution. Prior
to their departure at the beginning of this year, two UK secondees
within the office of transitional justice supported the development
of procedures for the investigation of past atrocities and the
drafting of the statute and rules of procedure for the special
tribunal. UK secondees were also involved in training for Iraqi
judges for the tribunal. UK secondees within the office of human
rights, including the head of the office, are establishing systems
for storing and analysing documentation retrieved from the former
regime and co-ordinating the forensic exhumation process. In collaboration
with the relevant ministries, they are developing training programmes
to build Iraqi capacity to take testimonies and witness statements
and to analyse regime documentation.
3. The Committee notes the capture of
Saddam Hussein, and requests information about the nature of his
trial. How does the inquiry into human rights abuses in Iraq relate
to preparations for the trial of Saddam Hussein? What contribution
will the United Kingdom make to the creation of an Iraqi Special
Tribunal?
On the 10 December, the governing council announced
the establishment of a special tribunal to prosecute senior members
of the former regime suspected of the worst crimes against humanity.
We would expect Saddam Hussein to face prosecution under the tribunal.
This would mean that he would be tried by Iraqi judges, which
we believe is fitting given that most of his crimes were committed
against the Iraqi people. However, the statute includes provision
for expert international involvement. The rules of procedure and
evidence are currently being drafted.
Due to the complex nature of the crimes to be
heard by the tribunal, it is too early to determine the details
of any such trial. The governing council has emphasised the importance
of international legitimacy for the tribunal, and therefore, the
need to ensure it meets international standards.
The inquiry into human rights abuses in Iraq
under the former regime is not simply for judicial purposes although
it is critical for bringing to justice some of those former regime
members who have committed the worst atrocities. It is also intended
to provide families of the thousand of missing victims with information
on the fate of their loved ones; to return, where possible, the
bodies of those killed by the former regime to their families;
to allow the Iraqi people to record the crimes committed against
them, for all to see and remember, so that they will never be
revisited; and to reconcile their past with the hope of a better
future.
It should be emphasised that the tribunal will
only prosecute a small number of former regime members suspected
of the worst crimes. A broader effort is required, therefore,
for general reconciliation purposes. For example, lower-ranking
officials suspected of complicity in crimes may be tried in local
courts. Others may be brought before some form of truth and reconciliation
process.
A committee of the governing council drafted
the statute for the special tribunal with assistance from, amongst
others, the CPA's office of human rights and transitional justice
(OHRTJ). The UK provided comments on the statute through the UK
special representative for Iraq's office and through the OHRTJ.
Our comments and advice were focused mainly on the application
of international law and the scope of the tribunal. The UK is
considering requests for further assistance.
The UK opposes the death penalty as a matter
of principle. The death penalty is currently suspended under CPA
Order Number 7. The suspension will apply for as long as the CPA
holds executive authority. It will be up to the new Iraqi transitional
government to determine whether this punishment will be reinstated
following the transfer of authority. Once executive authority
is returned to the Iraqis, the EU will lobby them to abolish the
death penalty, as we do with all other retentionist states.
4. The Committee also requests detailed information
on the number of detentions by Coalition forces in Iraq. How many
people are being held, and for how long? Who is responsible for
the detainees and on what legal grounds are they held? What are
the human rights implications of their detention?
The coalition is holding around 9,000 people
although this figure frequently changes. These include criminal
detainees, security internees and a small number of prisoners
of war.
The UK is responsible for the people for whom
it is detaining power. As of 10 February, when this letter was
drafted, there were 108 people in this category, held in accordance
with Geneva Convention III article 2 or Geneva Convention IV article
78. We sometimes detain people suspected of infringing Iraqi criminal
law for a short time until we are able to transfer them to the
Iraqi police. There were no such people in UK custody on 10 February.
The cases of internees are reviewed after 10, 28 and thereafter
every 90 days. The number of people held varies as they are released
or arrested.
The UK attaches great importance to upholding
human rights in all circumstances. All UK prisoners in Iraq are
held in conditions which conform to all of our international obligations.
Individuals held by UK forces are in a secure compound. Within
the compound individuals are free to move around as they wish.
They are not restrained, unless they pose a specific threat to
coalition personnel. They can exercise freely and can practise
religion freely, if they wish. Prisoners are given halal food
three times per day. If they request a change to the menu for
religious reasons, this can be accommodated. They are also provided
with bottled fresh water as they require. The internment facility
is subject to regular inspection by the international committee
of the red cross (ICRC) who are given full and unrestricted access
to the internees.
The US is responsible for the people whom it
is detaining. We are confident that US detention and treatment
of prisoners in Iraq is in line with their obligations under international
law. The International Committee of the Red Cross have visited
US facilities within the terms of the relevant articles of the
Geneva Conventions.
The US is aware that there is an issue about
the speed with which prisoners move through the system. Work is
ongoing to make the procedures more efficient.
5. What efforts are the UK and the CPA making
to encourage the Iraqis to adopt a constitution that enshrines
respect for human rights?
After decades of oppression, persecution and
mistreatment, we believe that the Iraqi people understand more
than any the need for a constitution that promotes and protects
their human rights. The drafting of the constitution has not yet
begun but the draft transitional administrative law includes language
on the right to a fair trial and the prohibition of all forms
of physical and mental torture. It also includes language on public
and private freedoms including freedom of expression, association
and movement. It is likely that the Iraqis will use the constitution
to enshrine these rights. Once the drafting of the new Iraqi constitution
starts, we intend to give bilateral assistance where requested
by the Iraqis, and are also encouraging UN involvement.
The UK is working through the British head of
human rights, Audrey Glover, in the CPA office for human rights
and transitional justice to support the work of the Iraqi human
rights ministry. She is advising on the development of the infrastructure
to promote and protect human rights and the mechanisms to develop
a human rights culture in which the rights of all are upheld.
This includes training for civil servants and mid-ranking officials
in international human rights treaties to which Iraq is party.
We understand that the ministry of human rights is drafting a
human rights proclamation for submission to the governing council
and in due course to the constitutional committee. The UK is also
supporting security sector reform to ensure that Iraqi police
forces observe and uphold human rights principles. UK representatives
are engaging constantly with leading Iraqi figures to make them
aware of our human rights policy.
6. The committee requests the latest assessment
of the strength of democracy in the Hong Kong Special Administrative
Region and the extent to which freedoms are being respected by
both the Hong Kong government and the Chinese central government
in Beijing.
Constitutional reform is currently the main
political issue in Hong Kong. The basic law of the Hong Kong special
administrative region (SAR) (in effect Hong Kong's mini-constitution,
to which the UK was not a party) contains provisions concerning
the current and future arrangements for selecting the chief executive
and members of the legislative council (LegCo) of the SAR.
The current situation is as follows: The present
chief executive, C H Tung, started his second five-year term as
chief executive on 1 July 2002, having been nominated by 714 out
of a 794-member election committee. There were no other nominations.
Tung's reappointment as chief executive was approved by the Chinese
central people's government, as prescribed in the basic law. The
legislative council currently comprises 60 members, 24 of whom
are elected in geographical constituencies; 30 are elected by
their peers in functional constituencies (i.e. different professions)
and six by the election committee. In the next elections in September
2004, 30 will be elected in geographical constituencies and 30
in functional constituencies.
The basic law states that if there is a need
to amend the methods for selecting the chief executive for the
terms subsequent to 2007, and for forming the legislative council
after 2007, then such amendments must be made with the endorsement
of a two-thirds majority of all the members of the legislative
council and the consent of the chief executive. Any such amendments
must be reported to the standing committee of the Chinese national
people's congress for approval (in the case of the chief executive)
or for the record (in the case of the legislative council).
The basic law also states that the method for
selecting the chief executive and forming the legislative council
"shall be specified in the light of the actual situation
in the Hong Kong special administrative region and in accordance
with the principle of gradual and orderly progress". The
"ultimate aim" is the selection of the chief executive
and election of all members of the legislative council by universal
suffrage (and, in the case of the chief executive, upon nomination
by a broadly representative nominating committee in accordance
with democratic procedures).
The basic law does not state when the "ultimate
aim" of universal suffrage should be reached. The SAR government
has promised for some time that it would consult the people about
future constitutional reform in advance of 2007-08, the earliest
time when changes could be made to the systems for selecting the
chief executive and electing the members of the legislative council.
The secretary for constitutional affairs said in October 2003
that he hoped to carry out the public consultation on this issue
in early 2004.
One of the main themes of the demonstration
by 500,000 people on 1 July 2003 (and subsequent smaller ones)
was a call for greater democracy in Hong Kong. On 1 January 2004,
there was a further demonstration in favour of greater democracy,
attended by some 100,000 people. Opinion polls in Hong Kong show
a clear majority of people support universal suffrage for the
elections in 2007 and 2008.
On 7 January, the Hong Kong chief executive
announced the setting up of a task force headed by the chief secretary
to examine the basic law's provisions on constitutional reform
and to consult the Chinese central people's government. The chief
secretary later issued a paper setting out the work plan (but
no timetable) for the task force and some of the main issues that
need resolving. The paper made it clear that the task force would
hold meetings with a number of interested groups in Hong Kong
to discuss these issues in parallel to the consultations with
Beijing. These meetings are currently taking place.
Our position on constitutional reform in Hong
Kong has been consistent: we hope to see early progress towards
the basic law's ultimate aims of universal suffrage, at a pace
in line with the wishes of the people of Hong Kong. Mr Rammell
reiterated this position when he visited Hong Kong in December
and in response to a Parliamentary question from Lindsay Hoyle
MP on 16 January.
We continue to assess that, generally, the "one
country, two systems" principle for Hong Kong is working
well in practice. Hong Kong people continue to exercise the rights
and freedoms afforded to them under the Sino-British joint declaration
and the basic law. Where we have had concerns about possible developments
that might undermine the principles of the joint declaration,
we have made them known to the SAR government or to Beijing, as
appropriate. A recent example was controversial national security
legislation, required under article 23 of the basic law. As well
as making private representations, Mr Rammell made five public
statements about our concerns that Hong Kong's rights and freedoms
might be undermined by the new legislation. Following the large
demonstration on 1 July last year the SAR government decided to
withdraw the draft legislation from the legislative council.
The Foreign Secretary continues to report regularly
to Parliament on the implementation of the Sino-British joint
declaration. The next report, covering the last six months of
2003, is due to issue shortly.
7. While the Committee recognises that these
states are not the worst offenders, the FCO report places little
focus on certain areas. It would help the Committee to have more
information about human rights in:
a) The Gulf states, including the rights
of guest workers.
The Annual Report on Human Rights 2003 included
a much expanded section on Saudi Arabia which set out in detail
our human rights concerns in that country. In replying to the
Committee's request for more information, we have decided to concentrate
on the Gulf countries of Bahrain, Kuwait, Oman, Qatar and the
United Arab Emirates which have similar social and economic profiles
and which face common problems in the area of human rights. In
addition to Saudi Arabia, these countries are also the main destination
countries in the Gulf for guest workers, an issue which the Committee
flagged up as of particular concern.
Bahrain, Kuwait, Oman, Qatar and the United
Arab Emirates have long traditions of rule by tribal and family
groups. In recent years the rulers in these Gulf states have brought
stability and moderate leadership to their people. However, measured
against international human rights standards, there is much progress
to be made in all of these countries. We judge carefully where
we can make a constructive contribution to promote respect for
human rights, working with the governments or non-governmental
sector.
There are some welcome signs of increasing respect
for human rights in the Gulf states. In particular, in Qatar the
Amir has set in motion a programme of reforms and democratisation,
including a commitment to human rights issues. In 2003 his draft
constitution was overwhelmingly accepted in a referendum.
We support the reform programme initiated by
the king of Bahrain. The king came to power in March 1999 and
introduced a succession of reforms, which address many of the
issues previously marring Bahrain's human rights record, such
as the previous regime's civil oppression, use of torture, and
the lack of rights for women. In 2001, a referendum gave overwhelming
support for the king's national action charter, which transformed
Bahrain into a constitutional monarchy.
In Oman, the basic charter of 1996 (Oman's constitution)
sets out many human rights. However, its principles are not fully
implemented in practice. Oman has acceded to only two of the six
core UN human rights conventions. There are limitations to Oman's
democratic bodies; the consultative council lacks genuine legislative
powers.
Kuwait has acceded to all six core UN human
rights conventions and has a constitutional and legal framework
that aims to protect human rights, but there remain areas where
we would like to see more progress, in particular on women's enfranchisement.
The United Arab Emirates is a reasonably tolerant society, but
civil and political rights are limited—there are no political
parties nor a body of freely elected representatives.
We also have detailed human rights concerns
in each of the Gulf States. The death penalty remains on the statute
books for all the countries. Executions continue to be carried
out in Qatar (one in 2003), Kuwait (25 in the last 10 years) and
Oman (nine in the last six years). In UAE, the death penalty is
used only rarely and no executions have been carried out in Bahrain
since 1996. The EU has expressed to the Gulf co-operation council
(GCC) its opposition to the use of the death penalty in all circumstances.
We also remain alert to reports of the use of
torture by authorities in the region. UAE and Oman are yet to
sign or ratify the convention against torture (CAT). In Qatar,
UAE, Oman and Bahrain, primary legislation prohibits torture,
and there were no reports of any in 2003. UAE courts continue
to pass flogging sentences. Bahrain decree 56 (2002) gave an amnesty
to the security personnel who had overseen the detention of political
prisoners, ending hopes of prosecuting officials accused of torture
and human rights violations during the anti-government disturbances
of the 1990s.
We continue to monitor prison conditions and
the independence of the judiciary in the region. We welcome Bahrain's
decision to allow the ICRC to monitor prison conditions, and the
government's declarations at the end of 2003 of its intention
to fill gaps in its penal code. The Kuwaiti constitution and penal
code provide for freedom from arbitrary arrest and detention.
Prison conditions generally meet international standards, although
the ICRC has criticised the central prison for its overcrowding
and lack of hygiene. There have been reports of detention without
trial. Pending deportation, some detainees have been held for
up to six months or longer. Many deportation orders are issued
administratively, without the benefit of a trial.
We are concerned by aspects of the judicial
system in Oman. The basic charter affirms the independence of
the judiciary, but in practice the sultan appoints judges and
can overturn decisions on appeal. In UAE prison conditions are
mixed, depending on the location. In Dubai and Abu Dhabi conditions
generally meet international standards. There is no independent
monitoring of prison conditions, but we are not aware that the
ICRC has requested or been denied access to prisons.
Freedom of speech and of the press are provided
for in the constitutions of Bahrain, Oman, Qatar, Kuwait and UAE
but these rights remain restricted in practice. In all of the
Gulf states there are varying forms of censorship of the media,
under law in Oman and Kuwait and in practice in Qatar. There is
limited local independent media.
The Committee asked for specific information
on guest workers in the Gulf states. Foreign nationals make up
a large proportion of the work force in the Gulf (eg up to 85%
in UAE) and there are aspects of their treatment which give rise
to concern . In UAE there are limited labour rights. There are
reports of poor working conditions for immigrant unskilled labourers.
The Qatar Government is reviewing labour laws, and the new national
committee for human rights takes an interest in this issue.
In Bahrain the migrant worker's committee, part
of the independent Bahrain centre for human rights is licensed
by the government and has generated publicity about the abuse
of domestic workers.
Kuwait employs about one million foreign workers,
mainly from south-east Asia and the Indian subcontinent. Many
are household workers. There have been reports of physical and
sexual abuse by employers but because this category of worker
is not specifically included in the 1964 law on work in the private
sector, many cases are not prosecuted. There have been similar
reports of abuse of workers in Oman. Foreign domestic servants
and garment workers have claimed that their employers have withheld
salaries and that government officials have been unresponsive
to grievances.
Women suffer to varying degrees from discrimination
in the protection of their human rights in the Gulf states. Despite
Kuwait's accession to the convention on the elimination of all
forms of discrimination against women (CEDAW), we are concerned
that women in Kuwait do not have the right to vote. The national
assembly has blocked government attempts to extend the franchise
to women. Women have access to education at all levels but are
under-represented in the work place. The UK Government ran a workshop,
and in February 2004 will run projects, to encourage women's participation
in civil society.
Qatar has not signed or ratified CEDAW, but
the Amir is pursuing a programme of democratisation which involves
the full participation of women. There are now two women ministers,
and others hold senior non-government posts. In January 2004 Qatar's
supreme council for family affairs (SCFA) issued a report drawing
attention to the poor representation of women in the very top
positions, but it also noted that an increasing number of women
were beginning to take up senior posts.
Bahrain acceded to CEDAW in June 2002, but with
reservations on its implementation within the bounds of the provisions
of sharia law. The UK made a formal objection to these reservations.
The constitution guarantees equality for women, but without breaching
sharia law. Women in Bahrain are seeking protection and equality
in divorce cases and custody of children, and seeking a "personal
status" Law. Women have the right to vote, and can stand
for election. Although there are no women in the elected lower
chamber, there are five women on the appointed shura council (including
a Christian). Some women enjoy high-ranking jobs and there are
organisations promoting economic and social rights for women.
The king's wife heads the supreme council for women.
Oman has not signed or ratified CEDAW and we
are concerned by the unequal position of women there. The consultative
council elections in October 2003 were the first with universal
suffrage, but only two women were elected. Women own property,
but there are reports of officials denying women land grants or
housing loans. Women require permission from a male relative to
leave the country.
Women in the UAE are not discriminated against
by law, but play a limited role in political and commercial decision
making. UAE has not signed or ratified CEDAW. There have been
reports of human trafficking of women from former Soviet Union
countries to Dubai to work as prostitutes. Our Ambassador to Abu
Dhabi has discussed this with the chief of police of Dubai. There
is some evidence that the authorities are willing to tackle the
problem; some travel agencies in the Northern Emirates that facilitated
the practice by arranging false visas have been closed down. The
US has downgraded the UAE from a category C to category A country,
reflecting a softening in its concerns about human trafficking.
All Gulf states have ratified the convention
on the rights of the child. Some have entered reservations on
its application in compatibility with the provisions of Islamic
law (Kuwait, Oman, Qatar and to a lesser extent, UAE). Human rights
groups in the past have criticised the UAE for using young boys,
some reportedly as young as four years old, as camel jockeys.
We welcomed the UAE government's announcement in July 2002 of
a ban on the use of camel jockeys under the age of 15 and will
continue to press the UAE authorities to implement it. Although
there are still child camel jockeys in Qatar, legislation is being
introduced to improve their conditions.
Child jockeys are recruited from South Asia
and organised traffickers in their home countries reportedly recruit
many against their will. To help combat the trafficking of children
to the Gulf states for use as camel jockeys, we are funding a
project by anti slavery international to exert pressure in those
countries where camel racing takes place, and also to help NGOs
in those countries children come from to co-ordinate their lobbying
against the practice. The project will also seek the adoption
and proper enforcement of legislation prohibiting the use of under
18s as camel jockeys in the Gulf states.
Human rights NGOs are not permitted in Qatar,
but the Amir established a national committee for human rights
in 2002. It is composed of representatives from government ministries
and civil society and is charged with investigating human rights
violations and improving human rights in Qatar. Doha will host
the 12th regional co-operation workshop on enhancement and protection
of human rights in Asia and the Pacific region (March 2004).
Bahrain has three key human rights bodies: the
parliamentary human rights committee, the independent Bahrain
human rights society; and the independent Bahrain centre for human
rights. These organisations have raised the profile of human rights,
and the independent bodies have organised events and demonstrations.
There is freedom of religion in Qatar; Doha
hosted the 2003 Interfaith Conference. The UAE permits the practice
of a wide range of religions. In Bahrain and Kuwait the constitutions
provide for freedom of religion, but there are some limits on
this right. In Oman, the law does not provide for the freedom
of religion. However, non-Muslims are free to worship, with conditions,
under the basic charter.
The UK Government also remains concerned about
the position of the Bidoon, 80,000 stateless people of Arab descent,
living in Kuwait. They have limited rights to education, healthcare
and welfare. The EU welcomed legislation in 2000 allowing for
limited numbers to be naturalised. In 2003 the British embassy
in Kuwait raised with the authorities our concerns about the process
of examining applications for naturalisation.
b) Morocco
Morocco has ratified all core UN Human Rights
treaties. Work is currently underway to harmonise Moroccan law
with international obligations. The ministry of human rights,
established in 1993, is responsible for ensuring this harmonisation
and for investigating cases of human rights abuses, encouraging
respect for human rights and for strengthening dialogue with civil
society. The possibility of conflict with religious law and severe
economic and social problems mean that implementation of international
standards is slow.
Progress on improving human rights, started
by King Hassan II in the mid 1990s, has continued and picked up
speed since this appointment and the accession to the throne of
King Mohammed VI in July 1999. In December 2001, the King announced
the creation of the institution of ombudsman, an arbiter between
citizens and public administrations. Re-organisation of the national
human rights council has also been announced. In 2003, the Moudawana
(a personal civil status code based on Malekite jurisprudence
of sharia) was amended to improve the status of women. Women have
had the right to vote since 1963, and their political and civil
equality is enshrined in the constitution of 1996. Just over 10%
of MPs are women. The issue of impunity and redress with regard
to those that "disappeared" between the 1960s and 1990s
has been one which the UK government has been following very closely.
We are pleased that on 7 January 2004, the King appointed a new
Justice and Reconciliation Commission to look into cases of unaccounted
disappeared and set up more systematic support for recognised
victims of past torture and other abuse. The British embassy in
Morocco has engaged in human rights projects linked to prisoners'
rights. This has comprised setting up an independent NGO run centre
for prisoners' complaints and human rights training for prison
staff.
While on the whole, progress on human rights
looks promising there are still some areas of remaining concern.
Freedom of expression, while one of the best in the region, is
still not complete. Taboo subjects, namely the king, territorial
integrity (in particular, Western Sahara) and Islam are set out
in law and those who break this law can face imprisonment. Mainly,
self-censorship dominates. European diplomatic reports have noted
that following the clampdown on Islamists over the past 10 years,
and especially since the May bombings, reports of torture and
arbitrary arrest had increased, but the feeling is that this was
not a return to the forms of repression which had characterised
previous regimes (a Justice and Reconciliation Commission was
recently established to look into this period) but a backwards
step in an otherwise improving context. We welcomed the release
of around 25 political prisoners, some of whose cases had been
raised by FCO officials with the Moroccan authorities, at the
beginning of January. We continue to be concerned about those
political prisoners who remain in detention, including Saharawi
activists and Islamists.
c) Tunisia
Tunisia has signed up to all the core UN human
rights treaties, although it abstained on the vote to adopt the
optional protocol to the convention against torture in December
2002. But there is a mismatch between commitments and reality.
The state and party machinery continues to restrict dissidents
from airing their views or organising opposition activities. This
includes through the continued detention of political prisoners.
Dissidents, activist lawyers and journalists have been kept under
surveillance and subjected to campaigns of harassment, which have
included assaults, by the security forces. The Tunisian authorities
have also continued to put pressure on the Ligue Tunisienne pour
la Defense des Droits de l'Homme (LTDH) both through the courts
and by preventing the LTDH from accessing funding allocated to
it by the EU. Despite the release of the internet dissident Zuhair
Yahyaoui in November 2003, there are still widespread restrictions
on freedom of expression in Tunisia. In its global survey of media
independence 2003, Freedom House noted that official monitoring
and censorship of the internet in Tunisia ranks as one of the
highest in the world.
Most statistics of relevance to human rights
are not available including figures on crime rates and prison
populations. Tunisia rejected a March 2002 report by the UN special
rapporteur on human rights and has not implemented any of his
recommendations. Requests for a visit by the special rapporteur
on torture have been ignored. An international commission of jurists
delegation seeking to examine the independence of the judiciary
was refused entry to Tunisia in June 2002 and again in December
2002. European Union efforts to co-operate with independent NGOs
in the domain of strengthening civil society and freedom of expression
have been thwarted by the authorities, despite Tunisia's commitment
under Article 2 of its association agreement to good governance.
On paper Tunisia has an impressive set up to
safeguard human rights. The ministry for foreign affairs has a
roving ambassador for human rights, and the higher commission
for human rights deals with social and economic rights as well
as prisons. The Tunisians argue for a wide definition of human
rights is wide; perceived shortcomings in some areas are explained
as the result of greater priority being given to stability, development
and poverty alleviation. Since 11 September and the Djerba bombing
of April 2002 they have claimed that restrictions on freedom of
expression and political association are necessary to prevent
the rise of extremism and to combat international terrorism.
But Tunisia has also performed well in a number
of areas. Women's civil and political rights are guaranteed by
law. The rights of the child are protected. The Government has
long-standing poverty alleviation programmes aimed at providing
services, replacing sub-standard housing and creating employment.
Education is available to all, there is a contributory health
service and a programme whereby health, hygiene and health education
services are provided to the rural population. Efforts are made
to care for the disabled and integrate them into mainstream education
and the workforce.
8. The Committee requests information about
European Commission initiatives to expand its responsibility to
include human rights matters under Article 7(1) of the Treaty
on European Union, the "Joerg Haider" clause. What are
the implications of this clause for the human rights activities
of the Council of Europe and the European Convention on Human
Rights?
In December 2003, the European council decided
to extend the mandate of the European monitoring centre for racism
and xenophobia so that it will become a human rights agency. The
European commission is now preparing a communication which will
outline how this decision might be taken forward. We will advise
the Committee further on the commission's proposals when they
issue. According to the commission work programme for this year,
a communication on the issue of human rights is scheduled for
June 2004. The UK Government is also in the process of looking
at how the agency might develop and we will be consulting the
commission and other member states for their views. We would prefer
any commission initiatives to complement rather than duplicate
the activities of the council of Europe and the European convention
on human rights.
9. The Committee notes FCO efforts to strengthen
civil society in Central America. The recent elections highlighted
the improving situation in Guatemala, but the Committee would
like more information about the killings of street children, abuses
of women and the impact of gang life on human rights in Honduras
and El Salvador.
The existence of street children, and violence
against street children, are significant issues throughout Central
America, but most acute in Honduras and Guatemala. Overwhelming
poverty and the need to survive leave some children with no option
but to work; they therefore miss out on childhood and schooling.
Many turn to gangs for a sense of community and personal protection.
Casa Alianza, the leading NGO in Central America
dealing with child protection, reported that 557 children and
young people aged under the age of 23 died violently in Honduras
in 2003, exceeding the number of deaths in 2002, which stood at
549. Casa Alianza estimates that over 2,000 children and young
people have been murdered in Honduras since 1998.
The Honduran government has acknowledged publicly
that it has serious problems to resolve and has made efforts to
improve the situation. These include raising the educational level
required for police officers from primary to secondary and providing
them with human rights awareness training. The Honduran government
has also passed a law requiring all firearms to be registered
and imposing limits on the sale of ammunition. The special investigative
unit which comes under the commission for the protection of the
physical and moral integrity of children set up in 2002, has been
strengthened with staff, training and equipment and now works
much more closely with the judicial authorities. Of the 148 cases
they have so far managed to investigate, 48 have been resolved,
covering 68 victims. The cases have been presented to the public
prosecutor for legal action. Of the 25 cases put to the special
investigative unit by Casa Alianza 11 have been solved by the
police and are now with the public prosecutor. Priority areas
remain better police training, raising public awareness of the
problem, investigation techniques, more equipment and proper collection
of data on crimes.
The UK has raised this issue with government
of Honduras, bilaterally and together with our EU partners, and
closely monitors the progress being made in bringing those responsible
for these crimes to justice. Our embassy in Tegucigalpa, which
closed at the end of 2003, maintained close contact with ministry
for security, the home ministry for home affairs, Casa Alianza
and other members of civil society. The previous resident ambassador
worked hard to improve co-ordination and communication between
the various groups involved in this area. Our embassy in Guatemala,
which has now assumed responsibility for Honduras, will continue
to monitor closely the progress being made, raising concerns with
the Honduran authorities as necessary.
We are continually looking for ways the UK can
support the measures already undertaken. The British embassy has
provided equipment to Honduran police investigation units and
has also provided a bus, lorry and funding to an organisation
providing rehabilitation to drug and alcohol addicts, and gang
members. Also through the embassy, we funded the construction
of a well at a Casa Alianza shelter in Tegucigalpa. Whilst the
problem of street children is also of concern in El Salvador,
it is not as widespread as in Honduras and Guatemala.
The Committee also asked for more information
on the impact of gang life on human rights. Youth violence and
the formation of youth gangs is a troubling development in Central
America. The Central American gang phenomenon is closely related
to the Hispanic gang culture in the US. US gangs are comprised
of mostly illegal immigrants who, when deported, transport the
gang culture back home with them. It is particularly serious in
El Salvador, Honduras and Guatemala. Sixty-five per cent of all
Central American gang members are in Honduras. Regional police
investigators estimate that Honduras has approximately 36,000
gang members, El Salvador over 10,000, Guatemala 14,000, Nicaragua
4,500, Costa Rica 2,600, Panama 1,385 and Belize 100. Compounding
the problem of bringing perpetrators of gang violence to justice,
crime victims are usually too frightened to lodge complaints or
give evidence.
The governments of Honduras and El Salvador
are the only two in the region to have brought in specific anti-gang
laws to tackle this problem. In Honduras the new decree took effect
from August 2003 and allows for gang leaders, members and associates,
to be sentenced to up to 12 years in prison and fines of up to
US$12, 000. Since the imposition of these measures, there has
been a reported reduction in gang violence. But concern has been
expressed by some NGOs and members of civil society that the new
legislation, which resulted in mass arrests of gang members and
those suspected of being gang members, infringed human rights.
The government of Honduras has responded to this criticism by
providing for training and rehabilitation schemes for those either
in prison or wishing to leave the gangs. But the tattoos favoured
for gang identity remain a constant reminder.
Violence is a major problem in El Salvador,
and street children and youths involved in gang cultures are at
very high risk. El Salvador's homicide rate in 2003 was higher
than in any year during El Salvador's bloody civil war. It is
estimated that over 60% of the guns in El Salvador are illegally
owned. The government's "firm hand plan" which took
effect in October 2003, resulted in the arrest of over 4,000 gang
members and according to official sources, a marked reduction
in crime. However, the majority of these youths were subsequently
released by the judiciary because it refused to enforce the legislation
which it felt to be unconstitutional. The legislation continues
to be enforced by the police but the Salvadorean supreme court
of justice has yet to rule on whether the legislation is constitutional.
The human rights ombudsman has been very vocal in her criticism
of the firm hand plan, likening it to "social cleansing"
with police picking up young people merely for having long hair,
an earring or a tattoo.
The presidents of El Salvador, Honduras, Guatemala
and Nicaragua recently signed a regional agreement to enable national
authorities to arrest a gang member who has committed a crime
in one of the four countries and has fled to another to avoid
detention.
The UK has funded a variety of training courses
and guidance for the El Salvadorean police throughout the last
10 years covering areas such as community policing, criminal investigation
systems, and crime scene management. The latest course, delivered
in January 2004, focused on criminal intelligence. The UK is looking
at what more it might do under the global conflict prevention
pool.
The Committee also raised the issue of the abuse
of women in Honduras and El Salvador. Recent figures from the
Honduran government highlights that thousands of women are victims
of domestic abuse. In 2002, 10,000 complaints were filed and as
at November 2003, 10,846 complaints were filed for the year, out
of which some 3,000 had been investigated. In 2002 and 2003, 106
and 150 women were murdered respectively. 10% of the women are
murdered by their male partner and 15% were raped before being
murdered. The Honduran domestic violence law includes mechanisms
to re-educate aggressors and help victims cope with the assault.
Girls as young as nine work as domestics in
El Salvador. They are particularly vulnerable to physical abuse
and sexual harassment from members of the household in which they
work. Domestic work is the largest employment category for girls
under 16 world-wide, according to the international labour organisation
(ILO). In El Salvador, 95 per cent of the estimated 21,500 domestics
aged 14 to 19 are girls and women. The total number of child domestics—including
those aged 13 or under—is probably much higher, but precise
data is not available. Because domestic work takes place in private
households, those who perform this labour are more difficult to
track than other workers in the informal sector.
Over 60% of girls reported physical or psychological
mistreatment—including sexual harassment—from their
employers, according to a 2002 study of El Salvador by the ILO's
international program on the elimination of child labour. Many
girls working as domestics are not able to continue their education.
They typically drop out from school between the ages of 15 and
17, most commonly because their work hours conflict with the school
day or because of school fees and other education-related expenses.
Others are able to attend night classes, but travelling to and
from school at night involves increased risks to their safety.
The UK Government has not supported any recent
projects specifically targeted at abused women. In April 2003,
Dr Ramon Custodio, the Honduran commissioner for human rights
called on Mr Rammell to discuss general human rights issues.
10. The Committee also requests information
about racial discrimination in the Russian Federation.
Racism and extremism is a serious problem in
Russia. Attacks on non-white ethnic minorities, especially from
the North Caucasus, are common. There have also been attacks on
Africans in Moscow by skinhead gangs. A new law on countering
extremism was passed by the duma in 2002, but NGOs such as amnesty
international, who are currently conducting a campaign on this
subject, continue to criticise the failure of the Russian authorities
to take a stronger line on countering extremist behaviour. In
particular, there are concerns that the law enforcement agencies
do not take the issue of racist attacks seriously enough. NGOs
have also registered complaints about the police themselves, with
allegations of harassment and violence towards ethnic minorities.
During bilateral talks in March 2003, we raised
our continued concerns about racism and extremism with the Russian
authorities. We are funding the Russian NGO centre for inter-ethnic
co-operation (CIEC) to further develop their network of NGOs representing
ethnic minorities. This project will include a national conference
on countering racism and xenophobia, regional training sessions,
a website, and information and publicity material. The project
will involve representatives from 35 ethnic communities, covering
20 Russian regions.
Matthew Hamlyn
February 2004
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