Recommendations & Conclusions
35 items
54
Conclusion
Fifth report: No prosperity without jus…
In 2019, the FCDO commissioned a review into the department’s handling of complex consular cases. The review was conducted by Dame Judith MacGregor and focused on how the department balances the needs of the individual with the needs of the bilateral relationship, and on the process by which families are …
Government response. We note the Committee’s recommendation. We moved to begin implementation of the Macgregor Review as soon as it was received and can reaffirm our commitment to the Macgregor Review’s key findings and recommendations. We look forward to updating as part …
Foreign and Commonwealth Office
55
Recommendation
Fifth report: No prosperity without jus…
The MacGregor Review offers the single best insight into the changes which need to be made within the FCDO to better equip it to deal with complex ‘consular cases’. We welcome the Government’s commitment to its recommendations but are concerned that this undertaking comes over a year since the review …
Government response. We note the Committee’s recommendation. We moved to begin implementation of the Macgregor Review as soon as it was received and can reaffirm our commitment to the Macgregor Review’s key findings and recommendations. We look forward to updating as part …
Foreign and Commonwealth Office
56
Conclusion
Fifth report: No prosperity without jus…
In its written evidence, the FCDO made clear that the strategies employed to secure the release of detained nationals vary by case.127 The intricacies of the negotiations and representations conducted by the FCDO in the pursuit of justice for detainees are rightly withheld from public consumption, but the FCDO noted …
Government response. We note the Committee’s views with regard to the efficacy of UK consular policy in Iran and agree fully that the Iranian government should immediately and unconditionally release all arbitrarily detained dual British nationals. We have been clear that their …
Foreign and Commonwealth Office
57
Conclusion
Fifth report: No prosperity without jus…
The FCDO’s current approach to consular disputes is clearly not working. The Key Performance Indicator remains the unconditional and timely release of detained nationals. In this, the range of tools on offer is entirely ineffectual and requires revision. The FCDO needs to acknowledge this and use it as a basis …
Government response. We note the Committee’s views with regard to the efficacy of UK consular policy in Iran and agree fully that the Iranian government should immediately and unconditionally release all arbitrarily detained dual British nationals. We have been clear that their …
Foreign and Commonwealth Office
58
Conclusion
Fifth report: No prosperity without jus…
The principal part of international law concerned with hostage taking is the International Convention Against the Taking of Hostages, which came into force in 1983. Article 1 of the convention defines the offence of hostage taking.133 Any person who seizes or detains and threatens to kill, to injure or to …
Government response. We note the Committee’s recommendation. We do not accept dual British nationals being used as diplomatic leverage. In any individual case, the Government would look at all the circumstances concerned, including consideration of the International Convention against the Taking of …
Foreign and Commonwealth Office
59
Conclusion
Fifth report: No prosperity without jus…
The FCDO has rightly stated that the detention of British and dual nationals by Iran falls outside the parameters of the Convention which was clearly designed for the specific purpose of combatting individual hostage-takers, rather than state-backed actors.134 Nevertheless, witnesses understandably drew parallels between the motives of individual hostage-takers, as …
Government response. We note the Committee’s recommendation. We do not accept dual British nationals being used as diplomatic leverage. In any individual case, the Government would look at all the circumstances concerned, including consideration of the International Convention against the Taking of …
Foreign and Commonwealth Office
60
Conclusion
Fifth report: No prosperity without jus…
Witnesses involved with some of the higher-profile detentions of UK and dual nationals by Iran were keen to highlight the benefits which might be gained in defining the term. Charlie Loudon from REDRESS, which has acted on behalf of Nazanin Zaghari- Ratcliffe since 2016, commented on the issue of ‘State …
Government response. We note the Committee’s recommendation. We do not accept dual British nationals being used as diplomatic leverage. In any individual case, the Government would look at all the circumstances concerned, including consideration of the International Convention against the Taking of …
Foreign and Commonwealth Office
61
Conclusion
Fifth report: No prosperity without jus…
Charlie Loudon was measured in characterising other countries as more or less successful than the UK and noted that while that might appear to be an accurate assessment, “There is a lack of authoritative publicly available data on the different success rates”.140 Other witnesses were similarly sceptical that the US …
Government response. We note the Committee’s recommendation. We do not accept dual British nationals being used as diplomatic leverage. In any individual case, the Government would look at all the circumstances concerned, including consideration of the International Convention against the Taking of …
Foreign and Commonwealth Office
62
Conclusion
Fifth report: No prosperity without jus…
Regardless of international comparisons, Charlie Loudon noted that “[a]vailable evidence gives a clear indication that the UK’s method has not worked so far, and that the UK needs to rethink its approach and work with other countries to better address Iranian hostage taking”.143 The sentiment was shared by Dr Vakil …
Government response. We note the Committee’s recommendation. We do not accept dual British nationals being used as diplomatic leverage. In any individual case, the Government would look at all the circumstances concerned, including consideration of the International Convention against the Taking of …
Foreign and Commonwealth Office
63
Conclusion
Fifth report: No prosperity without jus…
The framework within which action over arbitrarily detained nationals can be taken is severely limited. The UK is not alone in not officially recognising the phenomenon of ‘State Hostage Taking’, but the FCDO should acknowledge that Iran’s transactional approach to diplomacy typifies a growing challenge democracies face when engaging with …
Government response. We note the Committee’s recommendation. We do not accept dual British nationals being used as diplomatic leverage. In any individual case, the Government would look at all the circumstances concerned, including consideration of the International Convention against the Taking of …
Foreign and Commonwealth Office
64
Conclusion
Fifth report: No prosperity without jus…
Our predecessor Committee reported on the UK’s sanctions policy after Brexit and explored the possibility of using Magnitsky sanctions against human rights abusers.146 The Foreign Secretary announced the UK’s first round of Magnitsky-style sanctions in July 2020 against nationals of Russia, Saudi Arabia, Myanmar and North Korea.147 Iran was notable …
Government response. We take careful note of the Committee’s recommendation. We currently impose sanctions against a number of Iranians involved in serious human rights violations and abuses under the UK’s autonomous Iran (Human Rights) sanctions regime, which came into force on 31 …
Foreign and Commonwealth Office
65
Recommendation
Fifth report: No prosperity without jus…
Iran’s human rights record and selective commitment to upholding international law is a threat to the rules based international system generally, and a key challenge faced when aiding detained nationals specifically. The FCDO has admirably used international fora to exert pressure on Iran and to encourage a behaviour change, but …
Government response. We take careful note of the Committee’s recommendation. We currently impose sanctions against a number of Iranians involved in serious human rights violations and abuses under the UK’s autonomous Iran (Human Rights) sanctions regime, which came into force on 31 …
Foreign and Commonwealth Office
66
Conclusion
Fifth report: No prosperity without jus…
The UK has been most successful at securing its objectives vis-à-vis Iran when it has committed to a long-term strategy alongside international partners. However, the UK’s relationship with Iran is bigger than Iran’s nuclear violations, malign regional activity, or human rights abuses. It is also a relationship between cultures and …
Government response. We agree that the UK-Iran relationship, like all relationships between States, is rooted in part in a shared history between our peoples. We are clear on the distinction between the actions of the Iranian State and its people. We do …
Foreign and Commonwealth Office
67
Conclusion
Fifth report: No prosperity without jus…
Over the course of millennia, Persians have made significant contributions regionally and internationally to science, culture, poetry, maths and philosophy. The UK’s difficult relationship with the Islamic Republic has overshadowed its much longer relationship with Persia and the common ground values Britons share with Iranians. While it remains the right …
Government response. We share the Committee’s views on the contribution of Iranians throughout world history in the fields of science, culture, poetry, maths and philosophy. The Iranian people have the right to determine how they are governed, and we agree that the …
Foreign and Commonwealth Office
68
Conclusion
Fifth report: No prosperity without jus…
Engagement with Iran should not be an end goal in and of itself. Rather, engagement should seek to encourage Iran to play a positive, constructive and predictable role as a regional power, which uses international norms, respect for human rights and the rule of law as the basis for its …
Government response. We agree with the conclusion of the Committee. The UK-Iran bilateral relationship is an important part of our policy and a key enabling tool in achieving our wider goals. The UK has successfully kept the diplomatic door open for renewed …
Foreign and Commonwealth Office
1
Conclusion
Fifth report: No prosperity without jus…
Disunity in addressing the nuclear issue, especially between the US and the E3, has not served the UK’s interests. Instead, it has disincentivised Iranian engagement with the West and presented an opportunity for Russia and China to pursue their respective agendas in the Middle East. In the absence of decisive …
Government response. After the US withdrawal, we still shared the strategic aim of preventing Iran from acquiring nuclear weapons, but we disagreed on how best to achieve it. We believe that an aligned international diplomatic effort is essential if we are to …
Foreign and Commonwealth Office
2
Conclusion
Fifth report: No prosperity without jus…
A significant weakness of UN Security Council Resolution 2231 was its failure to prohibit Iran from developing ballistic missiles capable of delivering nuclear warheads. In a treaty fundamentally designed to deliver non-proliferation assurances, it is entirely reasonable that the JCPOA should place a binding restriction on Iran from developing such …
Government response. UNSCR 2231 was passed unanimously with the full support of the Security Council. feature of the agreement from a UK perspective, but UNSCR 2231 and the JCPoA, like all international agreements, is a finely balanced compromise and the product of …
Foreign and Commonwealth Office
3
Conclusion
Fifth report: No prosperity without jus…
Iran could be more forthcoming when granting access for IAEA inspections. Additionally, Iran has publicly stated it would not allow inspection of military sites, despite such visits falling within the terms of the JCPOA. These actions undermine political confidence in the nuclear deal, so additional penalties or provisions could be …
Government response. We take considered note of the Committee’s recommendation. We agree on the importance of IAEA access. The UK is clear that Iran must provide full access to the IAEA in line with its commitments under the JCPoA and fulfil its …
Foreign and Commonwealth Office
4
Conclusion
Fifth report: No prosperity without jus…
Annex I, Section Q, paragraph 78 of the JCPOA does not set out a definitive timetable for action in a potential period between non-compliance with the Joint Commission and the snapback of sanctions. This lack of clarity has proved contentious. Clarifying this section of the agreement would help to satisfy …
Government response. Annex I, Section Q, paragraph 78 of the JCPoA sets out the timelines for resolving JCPoA access issues between Iran and the IAEA as follows: if Iran and the IAEA cannot resolve an access issue, it should be referred to …
Foreign and Commonwealth Office
5
Conclusion
Fifth report: No prosperity without jus…
Given the historically covert nature of Iran’s nuclear programme, the lack of good faith it has shown in supporting the free and timely inspection efforts of the IAEA, and recent evidence indicating the military dimensions to its nuclear efforts of the early 2000s, we find it hard to envisage a …
Government response. We note the committee’s conclusion. Under the terms of the JCPoA Iran has the most comprehensive set of IAEA monitoring and verification arrangements of any country. IAEA inspectors ‘days in the field’ are up over 100% under the JCPOA when …
Foreign and Commonwealth Office
6
Recommendation
Fifth report: No prosperity without jus…
We agree with the Foreign Secretary that the nuclear deal is imperfect, but Iran’s non-compliance over the last year has indicated what the nuclear proliferation implications of terminating the JCPOA without a viable replacement might be. A more satisfactory arrangement for all signatories is within reach but is not guaranteed. …
Government response. We agree with the Committee that it would not be in the UK’s interests to terminate the agreement without a viable replacement; we need to see Iran return to compliance with its JCPoA commitments. We have worked tirelessly to preserve …
Foreign and Commonwealth Office
7
Conclusion
Fifth report: No prosperity without jus…
We agree with the Government that its long-term goal should be to replace the JCPOA with a broader agreement which additionally addresses regional security. This must learn the lessons from last time and be held in consultation with our allies in the region, not just in Europe and the US.
Government response. The Government has never said that its long-term goal is to “replace” the JCPoA. We have been clear that the JCPoA is not perfect, and that it was not designed to address the full spectrum of regional security issues. However, …
Foreign and Commonwealth Office
8
Conclusion
Fifth report: No prosperity without jus…
The UK’s history in the region, and relationship with the member states of the Gulf Cooperation Council, make it uniquely placed amongst the signatories of the JCPOA to build regional and international consensus on how to meet the challenges posed by Iran’s destabilising activity. This should form a core part …
Government response. The Government has been clear on the need to address Iran’s destabilising regional behaviour, and we note the Committee’s recommendation that this should form a core part of any strategy to improve upon the JCPoA. Our priority remains to promote …
Foreign and Commonwealth Office
9
Recommendation
Fifth report: No prosperity without jus…
We recommend that, in the aftermath of the Integrated Review, the Foreign Secretary makes a statement to the House to outline specifically what a replacement to the JCPOA should seek to achieve and over what timeframe. In so doing, the Foreign Secretary should address i) exactly what the UK wants …
Government response. The Foreign Secretary will update the House when it is appropriate to do so and when doing so will address all relevant issues, including the development and implementation of the Government’s policy on Iran. Human Rights
Foreign and Commonwealth Office
10
Conclusion
Fifth report: No prosperity without jus…
BBC Persian promotes the shared interests of free people around the world. The treatment of its staff and their families by Iran is abhorrent, and the Government is right to continue to call out these abuses in international fora.
Government response. We welcome the Committee’s conclusion. Attacks against BBC Persian employees/families and threats towards an entirely legitimate media organisation are deeply concerning. We raise this harassment regularly with the Iranian government, as well as at the Human Rights Council. We will …
Foreign and Commonwealth Office
11
Conclusion
Fifth report: No prosperity without jus…
Iran will choose to uphold those parts of international law which suit the tenets or strategic goals of the Islamic Republic while disregarding the remainder, often at the expense of the Iranian people. The FCDO has made commendable efforts to tackle Iran’s human rights abuses and raise the plight of …
Government response. We welcome the Committee’s recognition of the FCDO’s work to address human rights issues in Iran. We will continue to make clear to the Iranians our concerns at their persistent violations of human rights, and will keep up the pressure, …
Foreign and Commonwealth Office
12
Conclusion
Fifth report: No prosperity without jus…
The Iranian people are the victims of the poor choices made by the Iranian state, yet they are too often a secondary consideration. The UK’s strategy going forward should rebalance this oversight. For the UK-Iran relationship to be meaningful and mutually beneficial, the UK must invest in strengthening cultural ties, …
Government response. We agree with the Committee that enhancing cultural and other people-to-people ties between the UK and Iran would be of mutual benefit. We have consistently supported such exchanges. The UK has not erected any barriers to such exchanges taking place. …
Foreign and Commonwealth Office
13
Recommendation
Fifth report: No prosperity without jus…
We are satisfied that the actions of the Islamic Revolutionary Guard Corp meet the criteria for proscription in the Terrorism Act 2000 and see proscription as a logical extension of the existing restrictions placed on members of the IRGC by the EU’s sanctions regime. The IRGC’s philosophy and malign actions …
Government response. The Government takes careful note of the Committee’s recommendation. We share the Committee’s deep concern at the regional activities of the IRGC. The IRGC in its entirety is subject to UK autonomous sanctions under the Iran (Sanctions) (Nuclear) (EU Exit) …
Foreign and Commonwealth Office
14
Recommendation
Fifth report: No prosperity without jus…
The MacGregor Review offers the single best insight into the changes which need to be made within the FCDO to better equip it to deal with complex ‘consular cases’. We welcome the Government’s commitment to its recommendations but are concerned that this undertaking comes over a year since the review …
Government response. We note the Committee’s recommendation. We moved to begin implementation of the Macgregor Review as soon as it was received and can reaffirm our commitment to the Macgregor Review’s key findings and recommendations. We look forward to updating as part …
Foreign and Commonwealth Office
15
Conclusion
Fifth report: No prosperity without jus…
The FCDO’s current approach to consular disputes is clearly not working. The Key Performance Indicator remains the unconditional and timely release of detained nationals. In this, the range of tools on offer is entirely ineffectual and requires revision. The FCDO needs to acknowledge this and use it as a basis …
Government response. We note the Committee’s views with regard to the efficacy of UK consular policy in Iran and agree fully that the Iranian government should immediately and unconditionally release all arbitrarily detained dual British nationals. We have been clear that their …
Foreign and Commonwealth Office
16
Conclusion
Fifth report: No prosperity without jus…
The framework within which action over arbitrarily detained nationals can be taken is severely limited. The UK is not alone in not officially recognising the phenomenon of ‘State Hostage Taking’, but the FCDO should acknowledge that Iran’s transactional approach to diplomacy typifies a growing challenge democracies face when engaging with …
Government response. We note the Committee’s recommendation. We do not accept dual British nationals being used as diplomatic leverage. In any individual case, the Government would look at all the circumstances concerned, including consideration of the International Convention against the Taking of …
Foreign and Commonwealth Office
17
Recommendation
Fifth report: No prosperity without jus…
Iran’s human rights record and selective commitment to upholding international law is a threat to the rules based international system generally, and a key challenge faced when aiding detained nationals specifically. The FCDO has admirably used international fora to exert pressure on Iran and to encourage a behaviour change, but …
Government response. We take careful note of the Committee’s recommendation. We currently impose sanctions against a number of Iranians involved in serious human rights violations and abuses under the UK’s autonomous Iran (Human Rights) sanctions regime, which came into force on 31 …
Foreign and Commonwealth Office
18
Conclusion
Fifth report: No prosperity without jus…
The UK has been most successful at securing its objectives vis-à-vis Iran when it has committed to a long-term strategy alongside international partners. However, the UK’s relationship with Iran is bigger than Iran’s nuclear violations, malign regional activity, or human rights abuses. It is also a relationship between cultures and …
Government response. We agree that the UK-Iran relationship, like all relationships between States, is rooted in part in a shared history between our peoples. We are clear on the distinction between the actions of the Iranian State and its people. We do …
Foreign and Commonwealth Office
19
Conclusion
Fifth report: No prosperity without jus…
Over the course of millennia, Persians have made significant contributions regionally and internationally to science, culture, poetry, maths and philosophy. The UK’s difficult relationship with the Islamic Republic has overshadowed its much longer relationship with Persia and the common ground values Britons share with Iranians. While it remains the right …
Government response. We share the Committee’s views on the contribution of Iranians throughout world history in the fields of science, culture, poetry, maths and philosophy. The Iranian people have the right to determine how they are governed, and we agree that the …
Foreign and Commonwealth Office
20
Conclusion
Fifth report: No prosperity without jus…
Engagement with Iran should not be an end goal in and of itself. Rather, engagement should seek to encourage Iran to play a positive, constructive and predictable role as a regional power, which uses international norms, respect for human rights and the rule of law as the basis for its …
Government response. We agree with the conclusion of the Committee. The UK-Iran bilateral relationship is an important part of our policy and a key enabling tool in achieving our wider goals. The UK has successfully kept the diplomatic door open for renewed …
Foreign and Commonwealth Office