UK Parliament / Open data

Immigration Bill

Proceeding contribution from Baroness Kennedy of the Shaws (Labour) in the House of Lords on Monday, 21 March 2016. It occurred during Debate on bills on Immigration Bill.

My Lords, none of us who is pressing this amendment invokes the word “genocide” too readily. For most of us, this term will be forever associated with the atrocities of the Nazi concentration camps and the deliberate effort to exterminate the Jews during the Second World War. It is a word that carries incredible weight, and its importance cannot be diluted. We are taking about something of great seriousness when we talk about genocide.

“Genocide” has a specific legal meaning and the alarming truth is that, while genocidal violence has been perpetrated around the world since the Second Word War on a number of occasions, we find that very often there is resistance to using the terminology and a refusal to recognise genocide as genocide because it carries legal responsibilities with it. Noble Lords have heard a number of times that we have now heard the United States Secretary of State John Kerry, the United States Congress and the European Parliament all being of one voice about what is happening in the Middle East.

I remind the House that the 1948 genocide convention defines genocide as,

“acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

That is what is currently happening towards the Yazidi people, Christians and Shi’ites—anyone who refuses to convert. For the Yazidis it goes even further: because theirs is a pre-Abrahamic religious grouping, they are considered to be of lesser value, and in fact as less than human, in ISIL’s interpretation of Islam. The testimonies we have been hearing are absolutely barbaric. A week yesterday, I met for the second time the Yazidi Member

of Parliament Vian Dakhil. She has been trying to draw the world’s attention to the plight of her people. I heard her account of spending time with families that are now in refugee camps and of the descriptions of what they have seen. Hundreds of men and boys have been slaughtered. Women and girls have been kidnapped from their families, some of them really very young children, and raped and raped again, continuously over months, their vaginas torn, then passed on and sold between men. She finds it hard to find words for what is happening. She says that these are girls who will never be able to have a proper family life when they grow into adulthood.

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So we are talking about genocide. We are talking about the destruction of a people and their ability to procreate. That is at the heart of some of the things that are currently happening. Some of the girls, as I say, are as young as seven, eight or nine. A few who have escaped are suffering from the most severe trauma. Doctors are visiting the refugee camps to try to work with some of the girls, but they do not have the facilities so cannot help them with the terrible traumatic effects—not just physical but mental, as I am sure noble Lords can imagine. Some feel that they can never be intimate with anyone ever again in their lives. Mrs Vian describes the mass graves that she has visited, the beheadings of children and the crucifixions that we have heard referred to by other noble Lords, and she cannot understand why western Governments are not being more vociferous about these horrors and naming them as genocidal atrocities.

Genocide requires a very high evidential burden. All of us lawyers working in the field know that no one doubts that these acts have to reach a very high legal threshold. However, these acts do just that. The constitutive acts of killing, causing bodily or mental harm, raping, preventing birth, and the forced transferring of people from their land all meet the legal requirements of genocide, so we should not be in any doubt that we are dealing with genocide here. We have to break the cycle of inertia that we have heard described.

It is for that reason that those of us who have put our names to this amendment are coming before this House to say, “Something has to be done”. There are two purposes in the amendment. The first is to have a legal authority hear the evidence and make a declaration that what is happening against minorities in Syria and Iraq is genocide. The second is to establish under our immigration processes a scheme that would particularly prioritise those who face genocide. We are suggesting not that this should be a collecting together of every Yazidi person who exists in the world, but that within the cap that has already been set by the Government, who have spoken about giving places to 20,000 people, priority should be given to those who are as vulnerable as these victims are.

The Government have spoken about wanting to protect the most vulnerable. Who could be more vulnerable than the women, girls and children and the families we are hearing about, who have suffered in this way?

This is therefore a simple and humane amendment, which gives the UK a solid legal basis to push for the recognition of genocide at an international level so

that we can then go to the Security Council and say that we have the judicial authority from our judicial system, and press the Security Council to put into action the investigations that are needed. You need to take testimonies from these young women and girls now. That work has to be done, and as we have heard, the chief prosecutor of the International Criminal Court has indicated her willingness to do this once she is given the authority. However, that also means that we can give the kind of help that is needed by providing places, under a recognised scheme, to those who are most in need of the kind of medical help that these girls need. If noble Lords were to listen to the account given by this Yazidi Member of the Iraqi Parliament—the only one—no one in this House could feel anything other than a sense of shame, horror and moral repugnance. We have to say, “It’s not good enough—we have to act now”.

About this proceeding contribution

Reference

769 cc2157-9 

Session

2015-16

Chamber / Committee

House of Lords chamber
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