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The 2011 Foreign & Commonwealth Office Report United Kingdom Foreign & Commonwealth Office Human Rights and Democracy: The 2011 Foreign & Commonwealth Office Report www.fco.gov.uk United Kingdom Foreign & Commonwealth Office Human Rights and Democracy: The 2011 Foreign & Commonwealth Office Report Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of Her Majesty April 2012 Cm 8339 £47.25 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or e-mail: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to us at: Human Rights and Democracy Department Foreign and Commonwealth Office King Charles Street London SW1A 2AH This publication is available for download at www.official-documents.gov.uk ISBN: 9780101833929 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2485043 04/12 20081 19585 Printed on paper containing 75% recycled fibre content minimum. FCO 2011 HUMAN RIGHTS AND DEMOCRACY REPORT CONTENTS Foreword by Foreign Secretary William Hague 5 Foreword by Minister of State Jeremy Browne 8 SECTION I: The Arab Spring 11 UK policy prior to the Arab Spring 12 The causes of the Arab Spring 12 The UK’s response 14 Employment and dignity 15 Rule of law 16 Public voice 19 Political participation 19 Religious freedom and rights of minorities 21 Rights of women 22 Rights of people with disabilities 23 Countries of concern in the MENA region 23 Future policy – looking ahead to 2012 23 SECTION II: The FCO’s Human Rights Priorities 25 SECTION III: Promoting British Values 28 Democracy 28 Elections and election observation missions 29 The Westminster Foundation for Democracy 32 Freedom of expression 33 Human rights defenders 39 Criminal Justice and the Rule of Law 42 The death penalty 42 Torture prevention 47 International justice system 49 International Criminal Court 49 International Criminal Tribunals for the former Yugoslavia and Rwanda 51 Extraordinary Chambers of the Court of Cambodia 51 Special Court for Sierra Leone 52 Special Tribunal for Lebanon 53 International Humanitarian Law (IHL) 53 Human rights offenders and entry to the UK 53 1 Equality and Non-discrimination 54 Freedom of religion or belief 54 Women’s rights 60 Children’s rights 65 Lesbian, gay, bisexual and transgender rights 68 Disability rights 70 Indigenous rights 72 Racism 73 Roma 75 Anti-Semitism 77 Post-Holocaust issues 78 SECTION IV: Human Rights in Safeguarding Britain’s National Security 81 Countering Terrorism 81 Overseas Security and Justice Assistance (OSJA) Human Rights Guidance 82 Counter-terrorism Programme work 83 Deportation with Assurances 85 The Detainee Inquiry 86 Guantanamo Bay 87 Green Paper on Justice and Security 87 Counter-proliferation of Weapons 88 Export licensing 89 FCO Review of Arms Export Policy 91 Cluster munitions 92 The Arms Trade Treaty 93 Reducing Conflict and Building Stability Overseas 94 The responsibility to protect 96 The Conflict Pool 99 Women, peace and security 103 Protection of Civilians Strategy 105 Children and armed conflict 105 Peacebuilding 106 Private military and security companies 107 SECTION V: Human Rights in Promoting Britain’s Prosperity 109 Promoting Responsible Business Practice 111 The UN Guiding Principles on Business and Human Rights 111 OECD Guidelines for Multinational Enterprises 112 Voluntary Principles on Security and Human Rights 113 The Kimberley Process 114 Bribery and corruption 116 Arms export licensing 117 2 EU Trade and Human Rights 117 The human rights “essential element” clause 117 Third-country free trade agreements 118 Generalised System of Preferences 118 Sanctions 119 SECTION VI: Human Rights for British Nationals Overseas 120 The death penalty 120 Overseas prisoners 121 Forced marriage 122 Female genital mutilation 124 Child abduction 124 SECTION VII: Working Through a Rules-based International System 127 United Nations 128 Sanctions 135 The European Union 136 EU enlargement 138 The European Neighbourhood Policy 142 The Commonwealth 144 The Organisation for Security and Co-operation in Europe 146 The Council of Europe 149 SECTION VIII: Promoting Human Rights in the Overseas Territories 151 New Overseas Territory Strategy 151 Constitutional development 152 Turks and Caicos Islands 152 Supporting the Extension of the International Human Rights Conventions 153 Building human rights capacity 154 Safeguarding children 154 SECTION IX: Human Rights in Countries of Concern 156 Afghanistan 158 Belarus 168 Burma 175 Chad 185 China 192 Colombia 205 Cuba 213 Democratic People’s Republic of Korea (DPRK) 219 Democratic Republic of Congo (DRC) 224 Eritrea 233 Fiji 239 Iran 246 Iraq 257 Israel and the Occupied Palestinian Territories 266 Libya 277 3 Pakistan 285 Russia 294 Saudi Arabia 303 Somalia 311 Sri Lanka 318 Sudan and South Sudan 327 Sudan 3 29 South Sudan 334 Syria 338 Turkmenistan 348 Uzbekistan 355 Vietnam 362 Yemen 371 Zimbabwe 381 CASE STUDIES Bahrain 18 Egypt 20 Rwanda 35 London Conference on Cyberspace 38 Mexico 41 Countering the death penalty in the Commonwealth 46 Wilton Park Conference – Promoting religious freedom around the world 59 Guatemala 64 Jamaica 67 Ethiopia 84 Universal Periodic Reviews in the Commonwealth and Sierra Leone 134 ODIHR election monitoring 148 4 Foreword by Foreign Secretary William Hague The promotion and protection of human rights is at the heart of UK foreign policy. We are determined to pursue every opportunity to promote human rights and political and economic freedom around the world. Individual demands for a better life can only truly be satisfied in open and democratic societies. The values we cherish inform our policy choices every day as we seek to increase Britain’s security and prosperity, and to protect British citizens overseas. I am delighted to introduce the FCO’s 2011 Annual Human Rights and Democracy Report. We made three significant changes to this year’s report. First, we have added a section specifically devoted to the Arab Spring. Events over the last year in many countries of the Middle East and North Africa hold the greatest prospect for the enlargement of human freedom and dignity since the end of the Cold War. They have, at the same time, highlighted the many obstacles people continue to face. In this section we look at the way the demand for human rights was a catalyst for events, and the UK’s Arab Partnership programme, working with those in the region who want to put in place the building blocks of more open, free societies, underpinned by vibrant economies. The fund of £110 million is enabling us to respond rapidly to events in the region. Second, this report includes a statement of our priorities. This explains the significance of human rights in our foreign policy together with the resource and effort we are devoting to it. Finally and most significantly, we have developed a set of case studies to complement our detailed analysis of ‘countries of concern’. We have included a total of 28 countries in the ‘of concern’ category, the highest ever with the inclusion of Fiji and South Sudan. I hope and expect that in the years ahead the countries in that category will change and ideally go down as governments make the changes that we and their citizens are so keen to see. The case studies identify issues of particular importance in countries where we judge their overall human rights record does not currently merit inclusion in the Countries of Concern section. This reflects the real 5 complexity of the challenges faced in different countries and allows us to move beyond a simple characterisation of countries as of ‘concern’ or not. Of the countries of concern, two stand out for me, illustrating both the hopes and the challenges of the Arab Spring. First Libya, where the UK acted in defence of the human rights of the people of Libya. We were instrumental in negotiating UN Security Council resolutions that paved the way for the NATO action to protect civilians threatened by Qadhafi’s forces. We led the way to the Special Session of the UN Human Rights Council which took the unprecedented step of expelling Libya from the Council. And we are now working closely with the transitional authorities and our international partners to help ensure that Libya’s future is one governed by the rule of law and respect for human rights. And second Syria, where we have undertaken groundbreaking work to send UK experts to the region to document human rights abuses, and where we are at the forefront of international efforts to secure an end to the violence and political transition. It is also important that we acknowledge where real progress has been made in other parts of the world. The year ended with signs of real hope for genuine and lasting change in Burma. I visited Burma in January 2012, and witnessed first-hand the changes we are now seeing. I met the president and members of the government, who committed to implementing a programme of reform, and Aung San Suu Kyi, where I stressed the UK’s support for her and the National League for Democracy’s (NLD’s) struggle for democratic freedoms. I also heard the concerns and aspirations of different ethnic minorities, including the Shan, Kachin, Karen, Karenni, Chin, Mon, Rakhine and Rohingya communities. Following my visit, the Burmese government signed a historic initial peace agreement with the Karen National Union after 63 years of conflict, and released a significant number of prominent political prisoners. We will continue our efforts to support these positive developments in Burma, and work to support other governments around the world to uphold their international human rights obligations.
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