Justice for Tamils

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Wednesday 20th March 2013

(11 years, 9 months ago)

Commons Chamber
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Alistair Burt Portrait The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)
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I congratulate my hon. Friend the Member for Ilford North (Mr Scott) on securing the debate. His tireless work to raise the profile of human rights issues in Sri Lanka and to seek accountability for events that took place during the war is well known to the House. His speech demonstrated his passion and commitment to the cause. I do not know what his definition of a coward is, but he does not conform to my definition. We are all aware of the way in which he approaches his work in the House. I also thank other Members for their contributions to the debate.

Having visited Sri Lanka last month, I am grateful for the opportunity to update the House, and to hear Members’ views about a country with which the United Kingdom has long-standing and deep ties. Our relations have been cemented through trade, tourism and education, as well as through the diaspora community in the UK. We value those links, which reflect the strong bond that our countries continue to enjoy. I am sometimes asked why the United Kingdom is so interested in Sri Lanka, and why the issue arises time and again. I think that the reason is a combination of that background of relationships and the real pain that we all feel—the sense that following the tragedy that was this conflict, everyone in Sri Lanka deserves something rather better to look forward to. There are so many unanswered questions; we just feel that more could be done.

The United Kingdom’s long-term interest is in a stable, peaceful Sri Lanka, free from the scourge of terrorism, where the human rights of all Sri Lankans are protected, but as the House is well aware in a different context, certain things need to happen to enable a country to rebuild itself after a tragedy. That is one of the reasons why we feel so much for Sri Lanka, and why we talk in the way that we do about the opportunities that exist. There must be a balance; there are issues to be considered on all sides.

As my hon. Friend observed, the debate comes at an important moment. Later this week, the UN Human Rights Council will consider a motion on the human rights situation in Sri Lanka. As my noble Friend Baroness Warsi made clear in her statement to the high-level segment of the Human Rights Council, the United Kingdom supports the motion. Let me reply to my hon. Friend’s query by saying that all international resolutions of this kind are composites, and are put together in a manner designed to create the greatest possible support for them. That sometimes means a degree of compromise on language. The United Kingdom felt that the most important thing was that the demonstration of a significant number of countries with concern about Sri Lanka was better than having a motion that some might have felt unable to support. We wanted to give a clear indication, as we gave last year, of the importance of these issues to many nations, which is why the resolution is drafted in the terms it is. We think it is still firm and meaningful.

The text reflects widespread concern that, in simple terms, the Sri Lankan Government, having won a brutal war, are not winning the peace. There should be no doubt about the fact that it was a brutal war and about the importance of defeating terrorism, but the brutality of the terrorism of the Liberation Tigers of Tamil Eelam is not sufficient, in itself, as an answer to questions about actions taken at the end of the war.

As I have previously made clear to the House, progress has been made in Sri Lanka in a number of areas—it is still important to say this—including de-mining, the reintegration of child soldiers and the resettlement of an increasing number of internally displaced persons. Considerable investment has also been made in infrastructure, as I saw during my visit in January. However, as the resolution highlights, progress is lacking in other areas fundamental to the reconciliation and long-term stability that all Sri Lankans deserve after almost 30 years of armed conflict.

As hon. Members are aware, the Sri Lankan Government took steps to address the root causes of conflict by establishing a Lessons Learnt and Reconciliation Commission, which reported in 2011. Despite gaps on accountability, the recommendations of the LLRC were, contrary to some opinion that had been expressed beforehand, constructive and far-reaching. Regrettably, however, the July 2012 plan of action for LLRC implementation covers only about half the recommendations, and for many the actions were scheduled to begin only in 2013.

I have repeatedly encouraged the Sri Lankan Government to implement all the recommendations, making it clear that the real test of the LLRC’s recommendations is in their implementation. I stress that these concerns and commitments made from outside Sri Lanka are absolutely based on the desires of Sri Lankans themselves, as their Government have expressed, to give effect to reconciliation and the pathway to it. All people from outside who are concerned about the future of Sri Lanka are asking for is that the Sri Lankan Government implement the things they have said are necessary to be brought forward if true reconciliation is to be achieved among all the people. The Foreign Secretary was assured in a letter from Foreign Minister G. L. Peiris just last week that all the LLRC recommendations will be implemented. I warmly welcome that assurance, but we urge the Sri Lankan Government to ensure swift implementation of all the recommendations. Many, such as that for a national day of remembrance for all those who died in the war, can be implemented relatively easily and quickly, if the political will exists.

Lee Scott Portrait Mr Scott
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Does my hon. Friend agree that it might be helpful if the Sri Lankan Government would start to involve the Tamil diaspora from around the world in some way, engage them and start working with them so that some of these questions, fears, desires and aspirations can be addressed?

Alistair Burt Portrait Alistair Burt
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That is a question for the Sri Lankan Government. In short, it can only be helpful if members of the diaspora in the UK are clear about their desire to be engaged in the Sri Lanka of today and to work for the future of Sri Lanka, as well as about concerns about accountability and issues in the past. There are strong and deep feelings on both sides. I cannot see, given my knowledge of everyone involved, that everyone is going to come together on this, but it is true that elements in the diaspora community in the UK do want to be engaged in that work and that is very important. There needs to be an open door on both sides to try to engineer something that will be of assistance for the future.

The United Kingdom’s calls for the swift implementation of the LLRC recommendations are not unrealistic. The UK has never suggested or expected that reconciliation after sustained armed conflict would be instant. We realise that the LLRC recommendations cannot all be implemented immediately and that a credible process of accountability takes time. However, to make progress in the long term there needs to be a sense of urgency and a positive trajectory. This is particularly the case in areas that require agreement between various parties, changes to legislation and negotiated solutions to complicated issues such as land rights. From our own experience of reconciliation in Northern Ireland, we know well that these processes are complex and require a long-term approach, tenacity, co-operation and, if I may say so, political leadership.

We know too that delay serves only to make the process more difficult and widens the circle of those affected. At present, our view is that a number of key LLRC recommendations have not been tackled at all, or have been tackled in name only. First, the military presence in many areas may be less invasive than at the end of the conflict, but armed forces continue to occupy significant areas of civilian land, which are now classified as high-security zones or military cantonments. Secondly, military involvement in civil and commercial activities has reduced in some areas, but involvement in reconstruction work, and in the wider economy, including the tourism sector, remains widespread and a source of tension.

When I was in Sri Lanka, in the northern area, it was noted that I was not alone. I was accompanied not only by UK officials and officials from the high commission, but by a significant military presence, some uniformed and some non-uniformed. It is not uncommon for a Minister visiting someone else’s country to be protected and supported by the military in those areas, and I raise no issue about that. I felt safe, and it was only appropriate for the Government to do that. However, the extent of military involvement was noticed by others, who were keen to pick out the non-uniformed individuals who were there, which raises a significant matter.

Our observation is that military intrusion in the north is significant. There are too many stories of people in the area who, if they speak to non-governmental organisations or western journalists, are immediately interrogated by non-uniformed military personnel, and an oppressive sense of intrusion was reported by those who were able to report it. People commented on my visit and said how foolish I was. They said, “Don’t you know that no one will be able to speak to you honestly?” Trust me, Mr Deputy Speaker, I knew that full well, and I made no judgment in relation to what was said to me. However, my going on that visit, on which people could see how I was treated, made, I think, its own point, and I would ask that in future perhaps there would not be quite as much intrusion. That is something that needs to be recognised in the area.

Thirdly, not only has there been no agreement on political settlement, but a recent Bill in the Sri Lankan Parliament has restricted existing devolution by repatriating budgetary powers to the central Government. Fourthly, there is no reliable information on the missing, and families are unable to establish whether their relatives are among those still detained. Finally, there has not been, even as we see new footage that has been released, an independent investigation into the Channel 4 footage, as recommended by the LLRC.

One area not adequately covered by the LLRC is justice, or accountability, for the alleged violations of international humanitarian law by both sides in the war. As I said in a Westminster Hall debate on justice in Sri Lanka earlier today, all Sri Lankans deserve access to fair and transparent justice, yet for many Sri Lankans, Sinhala and Muslim as well as Tamil, the military defeat of the Tamil Tigers in 2009 has not been followed by an accounting for the events that they experienced during the war. The independent, thorough and credible investigations into alleged violations that the UK and many other countries have called for have not taken place.

A transparent, independent, Sri Lankan-led investigation with full access to witnesses would be a significant step in delivering justice. If Sri Lanka is unable or unwilling to deliver that, the calls for an international alternative will only increase. As hon. Members know, the concerns of the British Government are not simply related to the period of war. We have expressed concerns recently about the impeachment of the chief justice, and the intimidation of the media, opposition politicians and human rights defenders over the past 12 months. We remain seriously concerned about widespread impunity for sexual assault, rape and domestic violence in Sri Lanka—a concern that we are seeking to tackle by working with Sri Lankan non-governmental organisations.

We are very much aware that this year there is a period of intense international scrutiny of Sri Lanka, not just in the Human Rights Council session, but in the Commonwealth Heads of Government meeting. In September, the Sri Lankan Government plan to hold long-awaited northern provincial council elections, in which a free and fair process would send a strong signal of progress. In November, the Commonwealth Heads of Government meeting is scheduled to take place in Colombo and, whatever the formal agenda, and whoever attends, the spotlight will be on Sri Lanka, and it will either highlight progress or focus attention and pressure on the lack of it. As my hon. Friend said, our attendance has not been decided. We look to Sri Lanka to uphold Commonwealth values, including on good governance and human rights.

The Sri Lankan Government have in CHOGM an opportunity to demonstrate their commitment to Commonwealth values and progress in carrying out the actions necessary for long-term reconciliation and stability. The United Kingdom urges them still to seize this opportunity with the support of the international community. This is a society that we want to see succeed. No matter what the difficulties have been, there is still an opportunity to fulfil the recommendations that the Sri Lankans have announced themselves for their future.

I thank hon. Members for their continued interest. I am sure that we will be meeting again.

Question put and agreed to.