Recommendations & Conclusions
14 items
54
Conclusion
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 informed of actions taken while sensitive details are protected.124 The review makes several important recommendations, including the establishment of a task force approach to properly handle the most sensitive cases and determine the parameters of Ministerial involvement.125 Despite being completed in June 2019, the review was not made public until it was deposited in the House of Commons Library in November. In his covering letter, Nigel Adams, the Minister of State for Asia, endorsed the review’s key findings and recommendations and noted that implementation was in progress.126
Show less
Government response AI summary
The government notes the committee's summary of the MacGregor Review, reaffirms its commitment to implementing the review's key findings and recommendations, and expects to provide updates through ongoing engagement with the Committee.
Read full response →
Foreign, Commonwealth & Development Office
57
Recommendation
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 for working with allies to develop an effective strategy which will adequately safeguard British citizens. ‘Hostages’, not ‘consular cases’
Show less
Government response AI summary
The government notes the committee's views, agrees on the importance of working with allies, and states it will continue to discuss with partners how best to raise arbitrary detention cases, while reiterating ongoing efforts for consular access and medical care.
Read full response →
Foreign, Commonwealth & Development Office
59
Conclusion
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 defined by the Convention, and those which have been expressed by members of the Iranian executive. Janet Daby MP argued that the case of Anoosheh Ashoori seemed commensurate with Iran’s strategy of “hostage diplomacy”135 and Tulip Siddiq MP additionally noted that Mrs Zaghari-Ratcliffe has repeatedly been told that her unlawful detention since 2016 is linked to the UK’s historic International Military Services (IMS) debt owed to Iran.136 Indeed, Zaghari-Ratcliffe’s husband has referred to her as a hostage, as has her legal team.137 The FCDO has been conspicuous in its reluctance 129 Foreign Secretary affords Nazanin Zaghari Ratcliffe diplomatic protection, FCO, 7 March 2019 130 Iran rejects UK claim of diplomatic status for Zaghari-Ratcliffe, The Guardian, Patrick Wintour, 8 March 2019 131 Tulip Siddiq MP (UKI0032), para 25 132 HC Deb, 7 October 2019, col 1570 133 International Convention Against the Taking of Hostages, United Nations, accessed 8 September 2020 134 Foreign and Commonwealth Office (UKI0031), para 18 135 Janet Daby MP (UKI0030), para 5.1 136 Tulip Siddiq MP (UKI0032), paras 12–13 137 Q18 [Charlie Loudon]; Nazanin Zaghari-Ratcliffe ‘held hostage’ by Iran, says husband, The Guardian, Patrick Wintour, 9 September 2020 No prosperity without justice: the UK’s relationship with Iran 23 to refer to Nazanin Zaghari-Ratcliffe as a hostage, and a spokesperson for the then Prime Minister Theresa May stated in 2017 that the IMS debt was not being linked with efforts to secure Zaghari-Ratcliffe’s release.138
Show less
Government response AI summary
The government notes the committee's observation, reiterates its rejection of dual British nationals being used as diplomatic leverage, and states it will continue to consider the 1979 Convention and use international fora to call out arbitrary detention.
Read full response →
Foreign, Commonwealth & Development Office
60
Conclusion
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 Hostage Taking’: The US has been successful in securing releases despite having a particularly poor relationship with Iran. The US has a stronger legal framework, having recently enacted the Robert Levinson Hostage Recovery and Hostage- Taking Accountability Act, which empowers the federal government to challenge hostage taking of its nationals. The US also has more targeted leadership structures to tackle this issue, including a Special Presidential Envoy on Hostage Affairs and a Hostage Fusion Cell for coordinating across government sectors. The UK does not currently have such structures. The US government has also been willing to use the term ‘hostage taking’. This is in contrast to the UK, which strictly refers to and treats state held hostages as regular ‘consular cases.’139
Show less
Government response AI summary
The government notes the committee's point, affirms its stance against dual nationals being used as diplomatic leverage, and states it will continue to use international fora and discuss with likeminded countries to raise concerns about arbitrary detention, without committing to new frameworks or definitions.
Read full response →
Foreign, Commonwealth & Development Office
61
Conclusion
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 or Australia should be unequivocally characterised as ‘more successful’ than the UK. Dr Vakil noted that the US had been successful at negotiating the release of US nationals, but not dual nationals, and that Australia still had unresolved cases.141 Dr Van Engeland similarly emphasised that “there are still Australian, US and French citizens detained” but nonetheless described it as “striking” that the UK had recently seen several of its citizens and dual nationals detained.142
Show less
Government response AI summary
The government notes the committee's observations, asserting it does not accept dual British nationals being used as diplomatic leverage, and will continue to use UN and international fora to call out such behavior and discuss cases of arbitrary detention.
Read full response →
Foreign, Commonwealth & Development Office
64
Conclusion
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 by its absence, particularly as the international community is aware of many individuals within Iran known to have committed human rights abuses.148 Behnam Ben Taleblu told us that Global Magnitsky sanctions can and should be used to punish those engaged in human rights violations or gross acts of government corruption. […] The exact scale and scope of the penalty can be highlighted when being issued, and should remain in place until the behavior–in this case the detention of UK nationals–ceases by the relevant authority.149 The assessment was shared by Charlie Loudon who noted that “Magnitsky sanctions are well-suited to supporting behavioural change”.150 However, Dr Van Engeland took the opposite view, noting that sanctions could increase scrutiny on human rights but would be resented by already heavily sanctioned Iranians who would not draw an obvious link between sanctions and detained British and dual nationals.151 The Minister for the Middle East and North Africa, James Cleverly MP, noted in correspondence to us in August that the FCDO would “continue to designate under the Global Human Rights Sanctions Regulations” and stressed the importance of ensuring “that all designations are underlined by a robust evidence case, ensuring that legal tests and policy objectives are met” but would not be drawn further.152 145 Tulip Siddiq MP (UKI0032), para 65 146 Foreign Affairs Committee, Seventeenth Report of Session 2017–19, Fragmented and incoherent: the UK’s sanctions policy, HC 1703, paras 11–19 147 UK announces first sanctions under new global human rights regime, FCO, 6 July 2020 148 Report to Congress List of Persons W
Show less
Government response AI summary
The government noted the committee's observation, stating they already impose sanctions against Iranians under a separate human rights regime and the Global Human Rights Sanctions regime, and will continue to consider future designations without speculating on specific targets.
Read full response →
Foreign, Commonwealth & Development Office
65
Recommendation
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 a country which does not respect international norms will never be embarrassed into compliance. The time has come for a more robust approach. For its next round of Magnitsky-style sanctions, we recommend that the FCDO prioritises building watertight cases against human rights abusers based in Iran or acting for it abroad, including those involved in the arbitrary detention of UK and dual nationals. 26 No prosperity without justice: the UK’s relationship with Iran 4 Conclusions
Show less
Government response AI summary
The government notes the recommendation, highlighting existing UK sanctions regimes against Iranians involved in human rights violations, and states it will continue to consider future sanctions designations without speculating on specific individuals.
Read full response →
Foreign, Commonwealth & Development Office
68
Recommendation
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 actions. At its heart, a strategy must send a clear message: that Iran’s destabilising activities are unacceptable because they adversely impact the region and its peoples, but that when the time comes, the door is open to diplomacy. No prosperity without justice: the UK’s relationship with Iran 27 Conclusions and recommendations Future of the Nuclear Deal
Show less
Government response AI summary
The government agreed with the committee's conclusion, affirming that the UK-Iran bilateral relationship is a key policy tool and that the UK will continue to keep the diplomatic door open and send clear messages regarding engagement, nuclear compliance, and Iran's regional role.
Read full response →
Foreign, Commonwealth & Development Office
1
Conclusion
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 leadership and multilateral cooperation going forward, there is a risk that Iran will turn further to Russia and China for the economic relief they can each offer at a knock-down political price.
Show less
Government response AI summary
The government acknowledged the observation, stating it shares the strategic aim of preventing Iran from acquiring nuclear weapons, emphasizes the importance of aligned international diplomatic effort, and welcomes President Biden's commitment to re-enter the JCPoA.
Read full response →
Foreign, Commonwealth & Development Office
2
Conclusion
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 missiles.
Show less
Government response AI summary
The government acknowledges the committee's point about UNSCR 2231 being a compromise, expresses serious concerns about Iran's ballistic missile program, and urges Iran to abide by existing resolutions, without committing to place new binding restrictions as the committee suggested would be reasonable.
Read full response →
Foreign, Commonwealth & Development Office
3
Recommendation
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 introduced to encourage a behaviour change.
Show less
Government response AI summary
The government noted the recommendation and agreed on the importance of IAEA access, outlining its clear stance that Iran must comply and its efforts to express concern and urge Iran to continue provisional implementation of the Additional Protocol, but did not commit to introducing additional …
Read full response →
Foreign, Commonwealth & Development Office
5
Conclusion
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 time when an Iranian nuclear programme will have widespread support in the region.
Show less
Government response AI summary
The government noted the committee's conclusion, clarifying that Iran's program is currently subject to the most comprehensive IAEA monitoring under the JCPoA, with increased inspector access, and reiterated that Iran must fully cooperate.
Read full response →
Foreign, Commonwealth & Development Office
15
Recommendation
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 for working with allies to develop an effective strategy which will adequately safeguard British citizens.
Show less
Government response AI summary
The government notes the committee's views, agrees on the importance of working with allies, and commits to continuing discussions and pressing Iran for consular access and release of detained nationals, while emphasizing actions are taken in the best interests of detainees.
Read full response →
Foreign, Commonwealth & Development Office
17
Recommendation
Fifth report: No prosperity without jus…
Acknowledged
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 …
Read more
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 a country which does not respect international norms will never be embarrassed into compliance. The time has come for a more robust approach. For its next round of Magnitsky-style sanctions, we recommend that the FCDO prioritises building watertight cases against human rights abusers based in Iran or acting for it abroad, including those involved in the arbitrary detention of UK and dual nationals. (Paragraph 65) 30 No prosperity without justice: the UK’s relationship with Iran Conclusions
Show less
Government response AI summary
The government noted the recommendation, explained its existing sanctions regimes, and stated it would continue to consider future designations without speculating on specific targets, thus not explicitly committing to prioritising Iranian human rights abusers for the next round of Magnitsky sanctions.
Read full response →
Foreign, Commonwealth & Development Office