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Ashraf (Geneva Convention)

I am pleased to respond to my hon. Friend the Member for Thurrock (Andrew Mackinlay), whom I congratulate on securing this debate. He and a number of his colleagues have pursued this issue with passion and conviction, and I genuinely congratulate them on doing so. I am aware that several hon. Members and noble Lords have expressed considerable, regular and diligent interest in Camp Ashraf and its residents. On at least two occasions over the past six months I have met delegations of Members to discuss the matter and to listen to their concerns. In considering the situation in Camp Ashraf, we should not forget the considerable progress that Iraq has made as a result of the improving security situation, to which my hon. Friend referred. It has transformed the situation out of all recognition from that which existed even 15 to 18 months ago, and national reconciliation is today a far brighter prospect than it has been for a number of years. I gave media interviews on the day of the recent local elections in Iraq, and I telephoned our ambassador, who described to me the feelings and emotions on the streets of Baghdad, Basra and elsewhere. He spoke of the almost festive atmosphere in the country as Iraqis rightly went about asserting their democratic rights. I visited Iraq last year, and it struck me that the country was slowly, but evidently, getting back on its feet. I should like to take the opportunity to congratulate Prime Minister al-Maliki and the people of Iraq on their progress towards achieving a more stable country in which people go about their daily lives in safety. The Iraqi-led Operation Charge of the Knights in Basra in March 2008 did a great deal to improve the security situation. In downtown Basra, where people were once terrified to leave their homes for fear of being attacked or caught up in an explosion, the streets are bustling once more, with children on their way to and from school and local Basrawis back at work. That trend is positive and the Iraqi Government firmly believe that all Iraqis deserve to live free from the threat of violence or intimidation. As a result of improvements to security, coalition troops have handed back responsibility for security to the Iraqis. That is an important point that underlies this debate. We have fully supported that process because we have increasing confidence in the ability of the Iraqi security forces to maintain that security, while respecting the rights of the people. The Government of Iraq have signalled their commitment to developing both the culture and the institutions required to embed within Government, the security agencies and society as a whole a fundamental respect for human rights. This debate has provided an opportunity for hon. Members to express their concerns, and for me to clarify the Government's understanding of the complex legal position of the residents of Camp Ashraf. Before I address those points directly, let me say that I very much share hon. Members' concerns about the situation facing the ordinary people in Iran. There is a palpable lack of democracy there. On the nuclear issue, there is a complete unwillingness to respond to the legitimate concerns of the international community and to deal with the International Atomic Energy Agency. There is a lack of respect for human rights, whether it be for Christians or Baha'is. Iran is one of the largest users of the death penalty anywhere in the world. Of particular concern is the continued execution of minors under the age of 18 despite a recent Iraqi ruling that such a practice should not take place. I find it staggering that a draft mandatory death penalty for the so-called crime of apostasy is before the Majlis. If anything underlines the degree of concern about human rights in Iran, that is very much it. Notwithstanding all of that, it is right that we say to the Government of Iran and their people that we want a legitimate relationship, and that we want the regime to engage with the international community. I welcome the recent decision of the US Administration to make that very clear. I hope that we will see a response to that. Many hon. Members, including my hon. Friends, have raised a number of questions to which I will try to respond. Before I do so, it may be useful for me to outline, in brief, the history of the camp to date. The People's Mujahedeen Organisation of Iran—or Mujaheddin-e-Khalq—was founded in Iran in 1965 with the broad aim of replacing the Shah and the political situation in which he dominated. In its first years, the MEK's main focus was on organisational and ideological work, but in the early 1970s, it carried out violent attacks against the interests of the Shah, his Government and their western allies. After the February 1979 revolution, the MEK continued to condone violence. In the course of 1980 and 1981, the MEK's relationship with the authorities became increasingly hostile and again violent. Having fled to Paris in 1981, the exiled MEK moved to Iraq and Camp Ashraf in June 1986. The Iraqi regime under Saddam provided land for bases and helped equip the MEK's armed force in Iraq—the National Liberation Army. MEK forces fought on the Iraqi side during the Iran-Iraq war. They claimed responsibility for a series of attacks during the 1990s and a spate of attacks in the early part of 2001 against numerous Iranian targets, both in Iran and around the world. Following the invasion of Iraq in 2003, the MEK turned over its arms to US forces in Camp Ashraf. The legal position was a key issue for the hon. Member for Aylesbury (Mr. Lidington). As I understand it, the US Government's position is that members of the MEK in Camp Ashraf are to be treated as protected persons for the purposes of the fourth Geneva convention. The UK position has been that as the fourth Geneva convention ceased to apply in Iraq after 28 June 2004, the designation of "protected persons" under that particular convention could no longer be applicable as 28 June 2004 signified the end of the occupation. However, that does not mean that the residents in the camp are entitled to no protection under Iraqi or international law. Our view is that we stopped being the occupiers under the Geneva convention after 28 June 2004. Our obligations as occupiers continued for one year only after the occupation. I mention that because the hon. Gentleman raised that point directly with me. The year starts after 28 June 2004.