PARLIAMENTARY DEBATE
Yemen - 19 December 2016 (Commons/Commons Chamber)
Debate Detail
Concerns have been raised in this House and by non-governmental organisations about our export of military equipment to Saudi Arabia and elsewhere in the Gulf. There have been allegations about breaches of international humanitarian law. As we operate one of the strictest arms export control regimes in the world, we take any such allegations very seriously and do our best to ensure that they are properly investigated by the coalition.
Following the air strike on the Great Hall in Sana’a on 26 October this year, for example, I spoke to the Saudi Defence Minister, the Foreign Secretary spoke to his counterpart, and the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Bournemouth East (Mr Ellwood), travelled to Riyadh to underline our concerns in person. The coalition’s joint incidents assessment team—the JIAT—subsequently announced interim findings within a week. The coalition committed to review its rules of engagement and its command and control systems, and to take action against those held responsible. We acknowledge the progress they have made and look forward to the completed investigation of that incident.
The coalition continues to investigate other allegations. The findings of eight investigations were announced on 4 August and a further five on 6 December. We are pressing the coalition to complete all the remaining investigations as quickly as possible.
One specific allegation that UK-supplied cluster munitions were used in January this year was raised in this House on 24 May. The UK signed the convention on cluster munitions in 2008 and has not supplied any such weapons to Saudi Arabia since 1989—over a quarter of a century ago. Our initial view, as set out by the then Minister of State for Defence Procurement, the hon. Member for Ludlow (Mr Dunne), and based on the information we held at the time, was that a UK weapon had not been used, but we committed to analyse the allegation and to seek a full investigation by the coalition.
That investigation has now concluded. The coalition confirmed earlier today that a limited number of BL755 cluster munitions that were exported from the UK in the 1980s were dropped in Yemen, including by a coalition aircraft in the incident alleged by Amnesty International not far from the Saudi border. The coalition, whose members are not parties to the convention, has said that the munitions were used against a legitimate military target and did not therefore contravene international humanitarian law. However, Saudi Arabia has now confirmed that it will not further use BL755 cluster munitions. I welcome that.
This particular instance shows that, in complete contrast to Russian and Syrian air strikes, where allegations are made, and with our support, the Saudi-led coalition is prepared to investigate thoroughly, to publish the findings and to take action where appropriate. I assure the House that we will continue to keep current sales of military equipment to Saudi Arabia and other Gulf allies under review, in accordance with our arms export criteria. I commend this statement to the House.
In 2008, the previous Labour Government signed the convention on cluster munitions. The strikes that the Secretary of State has described today amount to the first confirmed use of UK-made cluster bombs since that date. Will the Secretary of State tell the House when he was first made aware of the possible use of such weapons by the coalition in Yemen? Why has it taken so long to confirm that those weapons were used?
A few days ago, the Obama Administration blocked the sale of guided-munitions kits over concerns about civilian casualties. That followed the United States blocking a sale of cluster munitions to Saudi Arabia. The Foreign Secretary said that the test for continued British arms sales
“is whether those weapons might be used in a commission of a serious breach of international humanitarian law.”
I note that the Defence Secretary confirmed that a limited number of cluster munitions supplied by this country were dropped in Yemen by a coalition aircraft. Although the cluster munitions were exported in the 1980s, will the Government commit to examining whether their current policy needs to be changed? There have been wholly unacceptable actions, and this country cannot sit on its hands.
The Government have consistently rejected calls for an independent, United Nations-led investigation into possible breaches of humanitarian and international law in Yemen. In the light of what we have learnt today, I implore the Government to heed calls from Opposition Members, as well as from the Business, Energy and Industrial Strategy Committee, the Foreign Affairs Committee and the International Development Committee, to have an inquiry. We need such an inquiry so that we can have independent verification of the actions of both sides in this conflict.
Finally, on the humanitarian situation, will the Secretary of State set out what action is being taken to help the 14 million people in need of urgent food and the 13 million Yemenis who lack access to clean water? In particular, we would like to know what is being done to help those children who are suffering so desperately in this conflict.
The hon. Gentleman asked when we first became aware of this allegation. We were made aware of it in the spring. It was brought to the Floor of this House in May, and our analysis began. I wrote back to Amnesty at the end of June telling it that we had commenced work on our own analysis, but that could take us only so far, as the investigation itself was a matter for the Saudi authorities. That investigation continued throughout the autumn and has concluded only in the past few days. We, too, have been frustrated by the length of time it has taken, but the investigation has been carried out by the Saudis and it has now got us to the transparent admission that has been made this morning.
The hon. Gentleman asked me about the United States stopping the supply of munitions, and we should be careful here; the US has stopped only one munitions licence, and it continues to supply combat aircraft, attack helicopters and other munitions to Saudi Arabia. Only one licence has been paused. As he has described, we have a different process—an arms control process that we keep under continuous review. He asked what our current policy on cluster munitions weapons is. It is exactly the same as it was left under the Labour Government: we oppose the use of cluster munitions. Let me make it very clear to the House that we are signatories of and parties to that convention, and we oppose the use of cluster munitions. We have made that very clear to the Saudi authorities and we therefore welcome their announcement today that they will no longer use cluster munitions. That is a result from this investigation and the pressure we have been putting on them.
Finally, the hon. Gentleman asked me about an independent inquiry. We have been clear throughout that an allegation such as this is, first, a matter for the Saudi authorities and the coalition authorities to investigate. They have shown through this process that they are able to do that. They have investigated, and they have today announced the findings and taken action as a result.
I have a couple of questions: will the Secretary of State tell the House when he first saw the analysis confirming the UK cluster bomb? Is The Guardian article today correct in saying that he first saw it a month ago? If so, why is this House finding out only now, after it appeared in the press? His statement says that the cluster bombs were used against legitimate military targets and therefore did not contravene international humanitarian law, but how can we continue to do business with a regime that routinely uses cluster bombs against civilian populations? This country is a signatory to the treaty, which obliges us to stop other people using such munitions. Finally, what does a regime have to do—how many breaches of international humanitarian law must it commit?—before this Government deem it an unacceptable partner to deal in arms with?
The hon. Gentleman asked when I first became aware of the analysis that we were doing. My hon. Friend the then Minister for Defence Procurement told the House in May that we would look hard at this allegation, and we began our analysis, but of course we were not investigating this allegation; only the coalition could investigate it, because only the coalition had access to all the information that would be needed to see whether this particular allegation was justified. I concede that the investigation has taken a long time, but we now have the result, and we have the admission from the Saudi authorities that cluster munitions were used, together with the undertaking that they will not be used in future.
Secondly, there is the issue that the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Bournemouth East (Mr Ellwood), was working on in Riyadh just yesterday. We urgently need to get the ports, including Hudaydah, properly open so that we can get humanitarian aid in—particularly for the civilian population, who so desperately need it now.
As I have made clear, the investigation has taken a while. We have continued to press the Saudis on the fact that when something such as this is alleged, they need to be as transparent as possible, get on with the investigation and reassure their allies by simply publishing the findings, and, if something went wrong, then admitting it went wrong and putting it right. That is not what happens when we consider the Russian bombing of completely innocent civilians in Aleppo.
I support what the Defence Secretary says about Saudi Arabia having the right to defend itself, but surely not at any cost and not in any way—that is all we are trying to get at. When the hon. Member for Ludlow (Mr Dunne), who is an honourable man, and who I do not think for an instant wanted to mislead the House, said in May that, based
“on all the information available to us, including sensitive coalition operational reporting, we assess that no UK-supplied cluster weapons have been used”—[Official Report, 24 May 2016; Vol. 611, c. 401.]
had he been lied to by our coalition allies, and, if so, can we really trust anything the Saudis say today?
On the hon. Gentleman’s first point, yes, the purpose of international humanitarian law is to recognise that states do have the right to defend themselves, but they have to do so in a way that is necessary and proportionate, that avoids hitting the sick or the wounded and that properly distinguishes between combatants and non-combatants. That is the basis of international humanitarian law. Now, the Saudis believe—he may not accept this—that, in this particular instance, they did respect international humanitarian law.
I declare my interest as an Amnesty International member. I welcome the fact that the UK Government will help with the destruction of the stockpile. How many BL755s are in Saudi? Will the Government also help with the clearing of the bomblets—one bomb produces 147 bomblets—from the villages in Yemen?
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