§ The Commonwealth Secretary has appointed a Committee to advise him on the administration of the policy with respect to passports announced in the first paragraph of the statement by my right hon. Friend the Member for Middlesbrough of 25th January, 1966, and also on the administration of the measures which are to be taken under Article 12 of the Southern Rhodesia (United Nations Sanctions) Order 1968 in pursuance of paragraph 5(b) of the Security Council Resolution of 29th May, 1968. This Committee is to be presided over by Mr. Justice Cairns; the other members are Sir William Oliver, Sir William Murrie and Mr. F. J. Pedler.
§ The Committee will have two functions. First, it will be asked to take on the task, as soon as possible after it has been appointed, of scrutinising the cases of all persons in respect of whom a decision has been taken that their passport facilities should be withdrawn or restricted in pursuance of the policy announced on 25th January 1966, whether or not in any particular case action has yet been taken on that decision. The Committee will also be asked to scrutinise any case arising in the future where such a decision is taken or recommended, or where a decision is taken or recommended that any United Kingdom citizen or other person who would ordinarily be entitled to enter this country freely falls within the class of persons specified in Article 12(1)(b) of the Order in Council, and should therefore be denied entry. Except in cases where immediate action is necessary in order to prevent the frustration of the policy of Her Majesty's Government, the Commonwealth Secretary will seek the Committee's advice 653W before such a decision is taken. The Committee will be asked to report to the Commonwealth Secretary as soon as possible on the results of its scrutiny, and the Commonwealth Secretary will review in the light of its report any case where the Committee indicates that such review is desirable.
§ The second function of the Committee will be to undertake a special re-examination of any particular case which is referred to it by the Commonwealth Secretary, and to report to him whether it considers that he should review his decision in that case. Without prejudice to the Commonwealth Secretary's ability to withdraw instructions issued in respect of any particular person, he will refer to the Committee any case where at any time he considers that a change in circumstances makes this desirable. He will in any event make such a reference if he is requested to do so by a person against whom action has been taken, or who has been notified that action is to be taken against him. It will be open to that person to make a first request to have his case re-examined by the Committee at any time after the action has first been taken against him, or after he has been notified that action is to be taken, and he will be able thereafter to make such requests at intervals of not less than six months.
§ Where the Committee is re-examining a case on a reference made to it at the request of the person concerned, it will take into account any representations which that person wishes to make to it in writing; or, in addition, in person, if he is then in this country, or through a legal representative. Subject to what is said in paragraph 1 of the Annex, the Committee will also be free to seek the comments (in person, in writing or otherwise) of anyone in respect of whom a decision of the kind referred to in paragraph 2 above has been taken by or recommended to the Commonwealth Secretary. If the person concerned has been refused entry to this country, he will still be able to make his representations in writing or through a legal representative. In addition, if he wishes to come back to this country so as to be able to appear in person before the Committee the Commonwealth Secretary will be ready, should the Committee advise him that this will assist them in their scrutiny of the case, to arrange for the admission of the person concerned on suitable conditions (as provided for in Article 12(2,b) of the Order). When the person concerned indicates that he wishes to make representations, the Commonwealth Secretary will inform him in general terms of the nature of the case against him and will, subject to the qualification which follows in the next sentence, also give him any particulars that might enable him to answer that case. But the Commonwealth Secretary may decide that it is necessary to restrict this information if in his judgment this is required in order to avoid damage to the public interest through disclosure of the sources of the evidence upon which the decision was taken. For the same reason, while all the evidence will be placed before the Committee itself, it will not always be possible for this evidence to be disclosed to the person concerned or to his legal representative.
654W§ When the Committee has reported to the Commonwealth Secretary on a case which was referred to it at the request of the person concerned, the Commonwealth Secretary will inform that person whether or not the Committee recommended review of his case and, if it did, what action the Commonwealth Secretary has taken or proposes to take on that review. But both in the case of these special references to the Committee and in the case of the ordinary scrutiny by the Committee of decisions taken by the Commonwealth Secretary, the decision must ultimately be one of policy for the Commonwealth Secretary to take and to account for to Parliament. He will therefore not consider himself bound by the recommendations of the Committee, though he will naturally give them very great weight.
§ A definition is annexed of the categories of people against whom action may be taken by way of restricting their passport facilities and, if they are ordinarily resident in Southern Rhodesia, by denying them entry into this country.
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Definition of Categories
Persons whom the Secretary of State has reason to believe to have furthered or encouraged, or to be likely to further or encourage, any activities which are calculated to evade or contravene, or to facilitate the evasion or contravention of, the legislation imposing sanctions against the illegal régime of Southern Rhodesia. In order to avoid the premature disclosure of the fact that their activities are known to the United Kingdom Government, these persons will not be notified that they are considered to be within this category until such time as it is necessary to take action against them.
Persons who, by reason of the offices or positions which they hold or have held, must be regarded as deliberately giving their active support to the illegal regime in Southern Rhodesia. The offices or positions held by the following persons are to be regarded as falling into this category:
Other offices and position may be added to this list as circumstances may require; any such additions will be made public.
Persons, other than those falling into category one or category two above, whom the Secretary of State has reason to believe to have furthered, encouraged, or to be likely to further or encourage, the unlawful actions of the illegal regime in Southern Rhodesia. When the decision is taken that a person must be regarded as falling within this category, he will be notified and told the grounds upon which this decision has been taken. This will also apply to those persons who are already regarded as within this category, but who have not so far been informed that their passport facilities are to be withdrawn or restricted.
§ The Advisory Committee established in terms of this statement last met on 30th April 1976 and will meet again on 23rd July 1976.
§ My Department warns all would-be travellers to Rhodesia from the United Kingdom who enquire about their position that (i) there is a state of emergency in Rhodesia and the security situation is deteriorating; (ii) they may be liable, if they become residents, to compulsory military service in the armed forces of the illegal regime; and (iii) there is no possibility of their being afforded British diplomatic or consular protection in Rhodesia.
§ The attention of inquirers is also drawn to the British sanctions legislation and they are warned, where appropriate, that they risk prosecution in this country if they commit acts in Rhodesia contrary to British law.