United Kingdom Foreign & Commonwealth Office Annual Report on Human Rights 2009 United Kingdom Foreign Published by TSO (The Stationery Office) and available from: Online www.tsoshop.co.uk Mail, Telephone Fax & E-Mail TSO The Annual Report on Human Rights 2009 is PO Box 29, Norwich, NR3 1GN published by the Foreign & Commonwealth Office. Telephone orders/General enquiries 0870 600 5522 Order through the Parliamentary Hotline Lo-Call 0845 7 An electronic version of the Annual Report is 023474 available at: Fax orders: 0870 600 5533 www.fco.gov.uk/humanrights E-mail: [email protected] Textphone: 0870 240 3701 Copies of the Annual Report are also available from: The Parliamentary Bookshop Human Rights, Democracy and Governance Group 12 Bridge Street, Parliament Square, Room E3.311 London SW1A 2JX 1 King Charles Street Telephone orders/ General enquiries: 020 7219 3890 London Fax orders: 020 7219 3866 SW1A 2AH Email: [email protected] Internet: http://www.bookshop.parliament.uk Telephone orders/general enquiries: 020 7008 6559 Fax orders: 020 7008 5969 TSO@Blackwell and other Accredited Agents and through good booksellers Customers can also order publications from Annual Report on TSO Ireland 16 Arthur Street, Belfast BT1 4GD www.fco.gov.uk 028 9023 8451 Fax 028 9023 5401 www.fco.gov.uk Human Rights 2009 Cover picture: Neda Agha-Soltan killed on 20 June in Iran United Kingdom Foreign & Commonwealth Office Annual Report on Human Rights 2009 Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of Her Majesty March 2010 Cm 7805 £34.55 Objectives of the Annual Report on Human Rights When this Government took office in 1997, former Foreign Secretary Robin Cook undertook to publish an annual report on the FCO’s work to promote human rights overseas. This is the 12th such report. This report covers the period from 1 January to 31 December 2009. It provides an overview of the main challenges to human rights around the world and explains the government’s activities and policies to address those challenges. The Annual Report on Human Rights is not intended to provide an exhaustive analysis of the human rights situation in every country in the world. This is already available from many other sources. Nor is this report intended to provide an exhaustive description of all the Government’s activities to promote human rights abroad. The FCO Annual Report on Human Rights is published as a Command Paper and is laid before Parliament. It incorporates comments and recommendations we have received over the last year from the House of Commons Foreign Affairs Committee and from a number of human rights non-governmental organisations (NGOs). It is intended to provide detailed information for parliament and other specialised readers outside government on the FCO’s activities over the past year to promote human rights abroad. At the same time we want this report to be accessible to non-specialist readers who have a general interest in foreign policy or human rights. But whoever the reader, the report has the same objective: to provide those outside the Government with a tool to hold the government to account for its commitments. If you would like to know more about our work please write to us at the following address: Foreign and Commonwealth Office King Charles St London SW1A 2AH This report and further information about the Government’s foreign policy are available on the FCO website at www.fco.gov.uk © Crown Copyright 2010 The text in this document (excluding the Royal Arms and other departmental or agency logos) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. For any other use of this material please contact the Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or e-mail: [email protected]. ISBN: 9780101780520 Printed on Paper containing 75% recycled fibre content minimum Printed in the UK for The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2348899 03/10 2 Foreword by the Foreign Secretary 2009 marked the 20th anniversary of the fall of the Berlin Wall and the end of the Cold War in Europe. For many around the world this was their first opportunity to claim the fundamental freedoms first laid out 40 years previously in the Universal Declaration of Human Rights. And as well as changing individual lives, the increased freedom brought about by the end of Cold War has allowed debates about human rights to flourish since. When we talk about human rights we talk about a body of law, but we also talk about the inherent sense that we are entitled to certain freedoms and protections. It is this sense of inalienable right to self- expression and equality that defined the landscape democracy undermines national security. Women are of 2009. Following the disputed election in Iran, still denied their human rights in many parts of the protestors defied the regime’s brutal attempts to world, on the basis that culture and religion render suppress their calls for democracy, human rights and those rights inapplicable. The increasing threat to fundamental freedoms as universal rights. It was gay people’s rights in some African countries reminds a belief that human rights were worth risking their us that tolerance is a dream rather than a reality for lives for that inspired the human rights defenders much of the world’s population. who were murdered in Russia last year. And it was a sense of inalienable entitlement to their rights that But this report also shows how people around the led women to assert those rights on the streets of world are pushing back against the idea that human Afghanistan and in the courts of Sudan. rights are not universal – in 2009 demonstrators in Guinea and Honduras demanded their rights to The year was also defined by international efforts to democracy, human rights defenders from Belarus solve global problems. The challenges of bringing the to Syria continued to protest against injustice and world out of recession, tackling climate change and worldwide, individuals and groups continue to work combating global terrorism continued to dominate to realise the rights of all. We have a responsibility our work and international headlines. Both the to applaud these efforts, and to support them by problems themselves and our search for solutions challenging the notion that human rights depend on bring into sharp relief the need for all governments to culture and circumstance. work together. Most recognise that justice, freedom and equality must underpin our work if it is to We must not be afraid to engage in debates about produce sustainable and positive change. But some human rights. But we must also remain committed governments are increasingly retreating to a defensive to championing those rights around the world and and isolationist view of human rights. to assert their applicability to every man, woman and child. We must be clearer in our argument that However, many of the issues covered in these pages universality does not mean uniformity. Because as we highlight the growing tendency to once again claim saw in Berlin 20 years ago, the freedom and justice human rights as a “Western” construct, unsuited to offered by human rights continues to be the hope of particular cultures and countries. In the Democratic millions around the world. People’s Republic of Korea, the government continues to insist that national security and cultural differences invalidate human rights obligations and justify subjecting humanitarian workers to severe restrictions. In Burma, Aung San Suu Kyi is incarcerated on David Miliband the basis of similar arguments that her battle for Foreign Secretary 3 Contents 6 Introduction 8 1 Promoting Human Rights through Democracy, the Rule of Law and Equality 9 Supporting Democracy 10 Westminster Foundation for Democracy 12 Elections and Election Observation Missions 13 Human Rights Defenders 14 Freedom of Expression 15 Rule of Law 15 Abolition of the Death Penalty 16 Preventing Torture 18 Prison Reform 19 Promoting Equality 19 Racism 20 Combating anti-Semitism 22 Minority and Indigeneous Rights 22 Freedom of Religion or Belief 22 Women’s Rights 24 Lesbian, Gay, Bisexual and Transgender Rights 26 Disability Rights 26 Child Rights 30 2 Human Rights in Conflict, Counter-Terrorism and Counter-Proliferation 31 Preventing and Resolving Conflict 31 The Conflict Pool 35 Human Security 35 Responsibility to Protect 36 Women, Peace and Security 36 Protection of Civilians 37 Children and Armed Conflict 38 Responding to the Changing Nature of Conflict 38 International Humanitarian Law: 60th Anniversary of the Geneva Conventions 39 Peacekeeping 40 Peacebuilding 41 Private Military and Security Companies 43 Counter-Terrorism 43 Treatment of Detainees 43 Guantanamo Bay 44 Deportation with Assurances 45 Capacity-Building with International Partners 45 Counter-Radicalisation Overseas 47 Counter-Proliferation 47 Export Licensing 48 Cluster Munitions 48 The Arms Trade Treaty 48 Small Arms and Light Weapons 4 50 3 Protecting the Rights of British Nationals Overseas 51 Child Abduction 51 Forced Marriage 52 Prisoners 53 Death Penalty 54 4 Promoting Human Rights in the Overseas Territories