Sri Lanka

Lord Collins of Highbury Excerpts

Tuesday 5th February 2019 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I too welcome the opportunity that the noble Lord, Lord Naseby, has given us to address the issues in Sri Lanka. There is no doubt that there has been progress but, as the noble Baroness, Lady Northover, said, it has been glacial. When we talk about truth, reconciliation and—the most important element—peace, we must not forget accountability. That is vital to ensure that reconciliation is sustainable. From the response to a number of Written Questions, it certainly seems clear that the United Kingdom remains committed to the full implementation of the UN Human Rights Council resolutions, particularly Resolution 34/1. As the noble Baroness also highlighted, there has been such limited progress on accountability.

There is therefore a clear expectation among the Sri Lanka core group in Geneva, consisting of the United Kingdom and Germany, to ensure the adoption of a further rollover resolution at the upcoming Human Rights Council session, with the co-sponsorship of the Government of Sri Lanka. However, there is a great deal of concern that support from the Sri Lankan Government, which emanates largely from their Prime Minister’s office and is perhaps better described as grudging acquiescence, could be derailed in the light of the open conflict between the Prime Minister and President of Sri Lanka, especially after the events of last December, as described by the noble Baroness, Lady Northover.

It would be easy to see the President seeking to gain political advantage by making a stink of the notion that the Prime Minister’s party, the UNP, is selling out war heroes. The fact that we are having this debate leads me to think that there is absolutely no room for complacency. It is important to refocus our minds on the central reason that Sri Lanka came before the HRC in the first place: allegations of atrocity crimes. The fact is that these have not in any sense been addressed.

In his debate in October 2017, which I also participated in, the noble Lord, Lord Naseby, argued that the Government should drop their call for a credible accountability process to look into the wartime violations in Sri Lanka, in view of the exonerating contents of a series of confidential wartime British diplomatic dispatches obtained from the FCO via FoI request. The noble Lord referred to that again this evening. As it happens, in June 2018 Private Eye referred to the Sri Lanka Campaign’s similar request for FoI over these dispatches. Its assessment suggested in particular that the casualty figures to which the noble Lord referred did not represent the independent assessment of the UK military’s attaché, but rather were derived from UN Country Team estimates, which have been in the public domain since 2009 and remarked upon by subsequent UN investigations for the conservative nature of their methodology.

The other thing in that debate was giving the wrong impression that the statement “no cluster munitions were used” was attributable to, and represented the independent assessment of, the UK military attaché. As Private Eye revealed, this was in fact a description of the position of the then Sri Lankan Defence Secretary, Gotabaya Rajapaksa, an alleged perpetrator of grave human rights violations. Sadly, your Lordships’ debate of 14 months ago continues to be used by hardliners in Sri Lanka to erode efforts to bring about a meaningful process of accountability and reconciliation for wartime atrocities. For example, in July last year, GL Peiris, a member of the former regime and Mahinda Rajapaksa ally, wrote to the new UK Foreign Secretary, calling on him to withdraw the UN Human Rights Council resolution on Sri Lanka, in view of the “entirely flawed” basis for it, as revealed by the noble Lord, Lord Naseby.

Many are concerned about how that FoI request and the dispatches will be used to sway international public opinion at crunch time at the Human Rights Council in March— next month. Therefore it is important to correct the dangerous and unhelpful narrative that the original debate of the noble Lord, Lord Naseby, has helped to foment in Sri Lanka.

If we are talking about anniversaries, as documented in great detail by the United Nations High Commissioner for Human Rights’ 2015 investigation—

[Lord Naseby]

My freedom of information request was duly passed to me. It is my privilege, according to the judge of the First-tier tribunal, to use that information as I see fit. I am more than happy to give copies to all Front-Bench persons present, and will make sure that happens immediately. However, those dispatches are not written by me, they are written by the official attaché from the United Kingdom who served throughout the war and was at the front line during that war.

[Lord Collins of Highbury]

I am grateful for the offer. I am sorry it has come 14 months late, but I would have appreciated—and certainly the campaign for Sri Lanka would have appreciated—copies earlier. That is why, according to Private Eye, it put in its own FoI requests and has got the material. The important point about the narrative that we have heard this evening, which the noble Baroness, Lady Northover, also made, is that we want to see the full implementation of the resolution, which has not been properly addressed and certainly in no way can be considered fully addressed.

I want to point out something in that report of the UN High Commissioner for Human Rights in 2015 into the final stages of the civil war. On this day—5 February—10 years ago, the UN, the International Committee of the Red Cross and medical workers were finally forced to evacuate from PTK hospital. For three weeks, the hospital had been subjected to intense shelling by suspected government forces, which continued despite—or perhaps because of—the GPS co-ordinates having been communicated to them. It was the only hospital in the war zone that was equipped with an operating theatre, where hundreds of patients were being treated. To quote the report:

“Witnesses told investigators that as shells fell, people ran to take cover, including several patients who ran towards bunkers located outside the hospital, carrying their intravenous drips with them”.


An attack on 3 February,

“hit a ward with women and children, killing at least four patients and injuring at least 14 others. The hospital was hit again during the following evening, damaging the children’s ward, reportedly killing seven people, including one medical staff member and a baby … One hospital worker described the situation in the hospital by 4 February as ‘carnage’, the likes of which she had never seen before”.

As we approach the 10th anniversary of these events, I hope the Minister will join me in expressing concern that, despite the various promises made by the Government of Sri Lanka before the Human Rights Council in October 2015, they have not yet succeeded in holding accountable a single member of the Sri Lankan armed forces for those appalling atrocities. I hope that he will reassure us that we will seek full implementation of those UN resolutions.