Chris Whitehouse: Raab delivers on Magnitsky sanctions

7 Jul

Chris Whitehouse leads the team at his public affairs agency, The Whitehouse Consultancy.

Dominic Raab’s publication of the details of his new Magnitsky-style sanctions regime has been long awaited, but was worth that wait. The new scheme is another means of deploying Britain’s soft power around the world – a stick to balance the carrots of diplomacy and overseas aid.

No longer can individuals who benefit from corruption and egregious human rights breaches expect to live comfortably, free from repercussions, avoiding any unpleasant consequences of their actions. That leaving the EU means, for the first time, that the United Kingdom can act alone in bringing forward such sanctions is a further leap forward in our nation stepping up to fulfil its global potential, to play its full role on the world’s stage.

As Bill Browder, the man acknowledged by Raab in his statement as being behind the global campaign for Magnitsky sanctions, following the death in Russian custody of his business colleague, Sergei Magnitsky, told this column: “Although the UK is a relatively small country, it has an outsized role in the world, because this is where everyone from the developed world wants to buy property, keep their families safe and store their money.”

Without this sanctions regime, Browder explains: “In the past, whenever a dictator perpetrated an atrocity, the most the British government and many others did was to issue statements of condemnation, at which the perpetrators simply laughed. This Magnitsky sanctions regime creates real world consequences of which they’re rightly terrified.”

Raab, to be fair, has consistently, since 2012, declared that he was “passionate” about the introduction of a sanctions regime, believing that it would have real impact, particularly when used alongside those of other sympathetic nations.

There were some who feared that Foreign Office officials would water down his plans, this column included, and leave us with a regime that was not fit for purpose and did not strike the necessary fear into the hearts of those targeted by its restrictions on financial assets and freedom of movement. Maybe we should have had more faith, because the scheme now published puts considerable power into the hands of Ministers, provided, of course, due process is followed, to stop kleptocrats “laundering their blood money”, as Raab put it, in the United Kingdom

That we had the first designations, the historic early targets of this tough new regime and the very day it was presented to Parliament is a clear indication of the planning, the preparation and the determination on the part of Raab and his team. Rightly, some (though by no means all) of those complicit in Russia of the violent death in custody of Magnitsky, and of the state-sanctioned theft of assets from Bowder’s Hermitage investment fund are among the first to be hit. Let’s hope that others from that benighted kleptocracy follow in the future.

Rightly do we see targeted some (but again far from all) of those Saudis responsible for the shocking murder of tell-it-like-it-is journalist, Jamal Khashoggi, and the subsequent beheading, dismemberment and disposal of his body inside the Saudi Embassy in Istanbul.

Others announced include against some of those responsible for the worst aspects of the systematic mistreatment of the Rohingya people of Myanmar, and those responsible for the sending to the Gulags of North Korea hundreds of thousands of innocent people in that country.

But now that the regime is published and the criteria for inclusion within it is known, we can hopefully expect a gradual extension of the lists of not only the perpetrators of the atrocities against Magnitsky and Khashoggi, but also the inclusion of others implicated directly in the genocide of millions of Uighurs in China, imprisoned in concentration camps to wipe out their sense of religious and cultural identity. We also need to see movement against the senior Chinese Communist Party officials responsible for the now internationally recognised harvesting of human organs from members of the Falun Gong community, among others.

And closer to home, with the threat to the basic freedoms of speech, thought, association and protest of 350,000 British National (Overseas) passport holders, and the wider people of Hong Kong to whom we owe a particular moral and historic duty, should we not be bringing forward in the immediate future sanctions against that city’s puppet of the Chinese Community Party, as identified in the Commons debate by Iain Duncan Smith, namely its Chief Executive, Carrie Lam, and her head of police, the latter of whom is directly, personally and professionally responsible for the sustained campaign of brutal police violence against protestors.

When it comes to eating a large slice of humble pie for suggesting that Raab risked not meeting the Conservative manifesto commitment to introduce a regime that delivered a truly effective Magnitsky sanctions regime, this column could not be more delighted than to have to ask, Oliver Twist-like: please sir, can I have some more!

In introducing the sanctions regime that he has, Raab has made a bold and decisive leap in the right direction. There is further to go, particularly into widening the scope of the regime to include a wider range, in particular, of human rights abuses, and we can only welcome his commitment to make further progress in that regard; but we can be proud as a party of what Raab has already delivered.

Hugo de Burgh: We owe it to future generations of Brits to work with China

6 Jul

Professor Hugo de Burgh is Director of the China Media Centre. He is the author of China’s Media in the Emerging World Order, has held office in three Conservative associations, and stood in unwinnable seats several times.

China is our third largest market and the one with the greatest potential. China is the country with which we must work if we are to have any impact on the resolution of global problems from environment to nuclear proliferation. China can accelerate the development of African and Central Asian economies, mitigating the risks to Europe that come from population explosion there without adequate economic growth. China is the largest economy in the world and already influential in a majority of countries.

For all these reasons, it is patriotic and reasonable for British leaders to find a way to work with China, which they will only do if they understand China as it is. Among other eminent Brits who started with a morbid suspicion of China, I have accompanied Boris Johnson and Jeremy Paxman on extended visits, and watched the scales fall from their eyes as they understood the enormity of the challenges facing Chinese government and the absurdity of imagining that its leaders wasted a moment thinking about conquering the world.

The reverse is the case. They are determined not to be conquered by the world. In the past, China built a Great Wall to keep out foreigners; today China is initiating the Belt and Road initiative to secure their back as they restore their civilisation, threatened from the east.

Fantasising about regime change in China, some US politicians make outlandish accusations. Had they talked to a few Chinese punters, followed social media or watched chat shows on TV, they could not possibly claim that China is a totalitarian country. Had they read Pew’s surveys of public opinion they would realise that the Chinese are, overall, more satisfied with their governance than European citizens, to say nothing of the USA. And are you surprised? While Europe and the USA are beset by economic and political troubles, Chinese people see ahead of them only more wealth, health and social mobility.

We need to recognise that demonisation of China is a weapon with which some US politicians deflect attention from their own failings and reflect their commercial jealousy. Both our National Cyber Security Centre and GCHQ have maintained until now that Huawei’s involvement in the UK poses no security risk that cannot be managed. Otherwise why would the US trade Department last week reauthorize US companies to work with Huawei, even as Donald Trump bullies other countries not to?

Robert Zoellick, a US former Deputy Secretary of State, is among the calmer heads to remind us just how positive a collaborator China is: that it recognises climate change issues, is in the forefront of environment innovation and has worked hard on endangered species; cooperates with the IMF over stimulation; provides more UN peacekeepers than the other members of the Security Council combined.

He points out that between 2000 and 2018 China supported 182 of the 190 Security Council resolutions imposing sanctions on nations which violated international rules or norms; China collaborated on the Iran and North Korea proliferation treaties.

Zoellick is not given to dire warnings about how dysfunctional it will be if the West really manages to ‘cut China off’, but they are implied in his general remarks about China, restated at a recent Henry Jackson webinar. China, he reminds us, is the biggest contributor to global growth; the fastest growing market for United States products; no longer manipulates the exchange rate; and, in response to our pleas, has improved its legal system. All in all, Zoellick tells us that cooperation with China “does produce results” but we should not take China’s cooperation for granted, “it could be very different”.

At home in Blighty, those calling for “a reckoning with China”, demanding a COBRA-like committee to mull over retaliation, wanting to “hold China to account” should ask themselves whether our businesses, for many of whom China is their most important market, want matters to become “very different”.

As to Hong Kong, the whole world must be astounded at the descendants of nineteenth century imperialists sending out paper gunboats commanding that China order its affairs according to our desires. A long time ago as a student, I demonstrated against colonial rule and police corruption in Hong Kong, and can still feel the truncheon on my back. In the face of much more vicious violence than anything we democracy activists attempted, Beijing has been restrained. In Northern Ireland, when security deteriorated, the UK imposed direct rule and fiercely rejected US interference on the IRA side. Over Hong Kong, we should try to see how interfering former imperialists look to most Asians, let alone to Chinese.

There are aspects of Chinese policies that we do not like, just as there are aspects of US policies that we abhor. The China Research Group is right to be concerned about cyber security and human rights. The way forward is to deal with China as a partner in the solution of common issues, such as terrorism in Xinjiang and Afghanistan. We have always worked with regimes with different standards when it suits our national interest. And respecting and being respected by China is in our national interest.

In the words of Kevin Rudd, the former Australian Prime Minister: Over 30 years China has pulled off the ‘the English industrial revolution and the global information revolution combusting simultaneously and compressed into not 300 years but 30’. There is a lot to learn and if we are to develop and prosper in the world ahead, we must be part of this. We should also celebrate that China’s rise is bringing better nourishment, greater life expectancy, education and security to hundreds of millions around the world.

Fulminating at China’s internal affairs and rejecting Chinese investment in order to please its commercial rivals will have no effect beyond signalling our impotence and arrogance; they are of no benefit to Britain and have no place in a long-term plan for Britain to prosper in the Asian century. Our government must develop a strategic approach to China. We owe it to future generations of Brits to work with China.

Benedict Rogers: We are on the brink of a new Cold War. Hong Kong is the frontline.

24 Jun

Benedict Rogers is co-founder and Chair of Hong Kong Watch. He works full-time at the international human rights organisation CSW, which specializes in freedom of religion or belief for all, and also serves as the Deputy Chair of the UK Conservative Party’s Human Rights Commission. He is also on the advisory board of the new Inter-Parliamentary Alliance on China (IPAC).

It seems to me we are on the brink of war. Not a war between nations or peoples, and not a war that necessarily involves military hardware – yet. But a new Cold War, between values. A war between freedom and authoritarianism, between human rights and repression, between the international rules-based system and a winner-takes-all profiteering perspective. And the frontline in this new war is Hong Kong.

A month ago, the Chinese Communist Party regime shocked the world by announcing that it would impose on Hong Kong a national security law that would destroy Hong Kong’s basic freedoms, flagrantly flout an international treaty – the Sino-British Joint Declaration – and decimate Hong Kong’s “high degree of autonomy” under “one country, two systems”.

Democracies scrambled to respond, and their response – to their credit – has not been lacking in vigour. The United States announced that Beijing’s decision rendered their special treatment of Hong Kong as a special autonomous region redundant, since Beijing was so blatantly disregarding Hong Kong’s autonomy. The United Kingdom followed suit by pledging expanded protection for Hong Kong’s British National Overseas (BNO) passport holders, if the security law is imposed, on the basis that China has violated the Sino-British Joint Declaration. Now the European Parliament has passed a resolution calling for a case to be brought at the International Court of Justice against China for violation of the Joint Declaration, targeted sanctions, a UN Special Envoy or Special Rapporteur and a lifeboat policy to offer sanctuary for brave Hong Kong frontline activists who are not BNOs and who may be in grave danger under Beijing’s new security law. It is a resolution that mandates an immediate action plan.

Now Beijing has revealed some of the details of its dreaded new law. And it is appalling. While a full draft is not yet released let alone approved, Chinese State media has let it be known that those convicted of “moderate” violations of the security law in Hong Kong – whatever “moderate” means – may be jailed for three years, and those convicted of “serious” crimes could face five or ten years, or more, in jail. The law suggests that Hong Kong’s Chief Executive – currently Carrie Lam, who has proved herself to be a totally subservient puppet of Beijing – can choose the judges in such cases, and that Beijing will oversee the process. In other words, judicial independence is dead and buried if this goes through and the rule of law becomes a historical fact rather than a present reassurance.

So all the theorizing, positioning and leveraging become no longer a matter of conjecture and now a matter of immediate action. Will the world’s democracies step up?

In plain English, we need everyone – absolutely everyone – who believes in freedom, human rights, democracy, the rule of law – to be all hands on deck. But not in a scattergun, isolated or egotistical way. No. It’s time to unite, coordinate and fight back. It’s not too much of an exaggeration to say that we are, in relation to Xi Jinping’s regime in mid-2020, how we were in regard to Adolf Hitler’s regime in the late-1930s, or in response to the Soviet Union at various stages of the Cold War. We either dismiss the dangers as Stanley Baldwin did, or we try to appease as Neville Chamberlain did, or we stand true to our values and stand up for freedom – as Winston Churchill did and as Ronald Reagan, in his Berlin Wall speech, the anniversary of which was last week, did. And I know what side I am on.

For that reason, we need to unleash a full volley of reactions. Yesterday I sat with my nephews playing the card game Uno Extreme, where you press a button and a mass of cards comes if you’re unable to cast a card. The current crisis is much more complex but the principle applies. We must marshal all our cards – and ensure we don’t play the wrong one.

That means Britain leading, because Britain has a responsibility to Hong Kong – moral and legal. The Prime Minister should be commended for his op-ed in the South China Morning Post pledging protections for BNOs, and the Foreign Secretary and Home Secretary should be saluted for their historic signals of intent to stand by Hong Kong. But much, much more is needed.

Britain must lead the world in establishing an international contact group to coordinate a global response. “Britain must lead” is indeed the refrain from many, and I agree – but Britain can’t do it alone. A precedent is set by the statements in past weeks by British, Australian, Canadian and US foreign ministers together. And by Japan leading the G7 statement. We need more of this. Why not build on this into an international contact group, as at least seven former foreign secretaries have suggested?

That international contact group should coordinate a lifeboat scheme to provide sanctuary for Hong Kongers who aren’t BNOs who need to escape. Helping Hong Kongers to safety is a moral responsibility – but it should also be remembered that Hong Kongers would bring wealth and entrepreneurialism, and so would be a boost to any economy rather than a burden. But a lifeboat is a last resort, not a first response. So the international contact group should coordinate international diplomatic efforts combined with targeted sanctions that will hit individuals in the Chinese and Hong Kong administrations hard.

And while many may argue that the United Nations lacks teeth, a global effort is needed to secure the establishment of a UN Special Envoy or Special Rapporteur on Hong Kong, to monitor the human rights situation and mediate a solution – as the last Governor Lord Patten, the head of the International Bar Association’s human rights centre Baroness Helena Kennedy QC, the chairs of foreign affairs committees in the parliaments of the UK, Canada, Australia and New Zealand and former UN officials themselves, including the former UN Special Rapporteur on human rights in Myanmar who is also a former Chair of the UN Committee on the rights of the child, Yanghee Lee, among others, recommend.

The wheels of diplomacy turn slowly and often lack teeth. The impact of individual countries’ actions is limited. But when the world pulls together and acts as one, it can speed up the process and enhance the impact. If the free world values freedom, then it must wake up to the imminent dangers exhibited in Hong Kong – but likely to spread further if allowed to pass unchallenged. This may not be the darkest hour, as things may get darker still. But that the hour to act has come is not in doubt. For as Churchill famously said, “you cannot reason with a tiger when your head is in its mouth”. It’s carpe diem time – for Hong Kong, and for freedom.