Sri Lanka

Debate between Lord Naseby and Lord Collins of Highbury

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.

Sanctions and Anti-Money Laundering Bill [HL]

Debate between Lord Naseby and Lord Collins of Highbury

Committee: 3rd sitting (Hansard): House of Lords
Wednesday 6th December 2017 Lords Chamber

[Lord Naseby]

My Lords, I declare an interest as vice-chairman of the All-Party Parliamentary Group for the Cayman Islands. In addition, a member of my family lives in the Cayman Islands. I very much support what the noble Earl, Lord Kinnoull, has just said.

We have come a long way in the best part of 18 months from a situation in which there was no statutory methodology whereby United Kingdom law enforcement agencies could get information from any of the overseas territories in a reasonable length of time and know that it had been properly produced. Speaking only from my knowledge of the Cayman Islands, that information is now available 24 hours a day, 365 days a year. That is rather better than Her Majesty’s Companies House is capable of doing. I think that is a great advance.

I deeply regret what the noble Baroness, Lady Kramer, said: namely, that when Cayman Islands representatives went over to Brussels recently, they were protected by Her Majesty’s Government. They went on their own, put their material before the authorities there, and, quite rightly, the authorities listened properly and recognised the progress that had been made. That is why the Cayman Islands are not on the blacklist. Of course, the volume of financial operations in Bermuda and the Cayman Islands is extensive—so, understandably, anybody who is concerned about financial transactions will keep a watch on what is happening. That is absolutely right and justified.

The noble Earl, Lord Kinnoull, rightly referred to Luxembourg. Top four—not the bottom four. What about other parts of the world? The USA is probably in the clear, as I am sure that the central government of the USA is in the clear. However, it is totally incapable of controlling Delaware, Nevada and half a dozen other states. We are supposed to have a special relationship with the United States. That is not much good if we accept an amendment such as this and find that all the people in our overseas territories are thrown out of business as their legitimate business is undercut totally by Delaware and Nevada—particularly Delaware.

Therefore, I say to your Lordships, “Tread carefully. Recognise that huge progress has been made in the last 18 months and that we now have a situation where our authorities can get concrete evidence when it is required”. We are not getting that out of the present system of control in the United Kingdom. We can go out of this Chamber tonight, go through the smart parts of central London and see how many of those houses are unlit. Do none of us wonder who owns those houses? Do we think the British own them? We all know in our heart of hearts that they are not owned by British people, and almost certainly not by continentals. That money has come from somewhere. It seems to me pretty likely that it is hot money. So I ask noble Lords to think long and hard before they start to destroy these overseas territories.

I was sorry that the noble Baroness who introduced this amendment brought in human rights. I have had the privilege of working and living in Pakistan, India and Sri Lanka and I know that part of the world extremely well. Legitimate British companies working there are not exploiting people. They have brought employment there, better living conditions and all the rest. The noble Baroness is quite wrong to suggest that every company operating there—or the vast majority—is exploiting these poorer countries. I ask the noble Baroness and others to find some real, concrete examples rather than generic ones. That is why I will resist the idea of a public register until such time as we have given the existing one time to work, and until such time as the EU and the United Kingdom persuade the United States to join in with producing uniform reporting. I say to my noble friend on the Front Bench that I hope Her Majesty’s Government will tread carefully and recognise the work that has been achieved so far in a pretty short measure of time.

[Lord Collins of Highbury]

My Lords, I thank all noble Lords who have contributed to this debate. I very much appreciate the comments that the noble Baroness, Lady Stern, made in moving this amendment. She is probing at this stage. We want to find out exactly what has happened—because, unlike the noble Lord, Lord Naseby, I do not think that progress has been made quickly. We have been making demands on these issues since 2013.

When we are talking about cost, it is not just criminal activity that we are talking about but tax evasion. Sometimes it is called tax avoidance but the cost of tax evasion to developing countries runs to billions of pounds. Again, I come back to the vital point that those who can least afford it are suffering the most from the activities of territories that hide people’s activity. We should not be racing to the bottom. Transparency is about good business and doing good business. That is what this amendment is about. It is not about trying to punish territories or communities that have been trying to develop or extend their economy.

Sri Lanka

Debate between Lord Naseby and Lord Collins of Highbury

Thursday 12th October 2017 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I too thank the noble Lord, Lord Naseby, for initiating the debate and for his comprehensive introduction. As we have heard from all noble Lords, in 2009, Sri Lanka emerged from a brutal Tamil war of independence after 26 years of fighting and terrorism. Since the adoption of the Human Rights Commission resolution in 2015, the Sri Lankan coalition Government formed that year were expected to fulfil the recommendations of taking specific measures for institutional reform, justice, truth and reparations.

Although I hear the noble Lord’s optimism, I have to also acknowledge the comments made by the noble Lord, Lord Sheikh. Last month, following a four-day visit, the UN’s special rapporteur, Ben Emmerson, found that the country’s judicial system and tolerance of torture is a,

“stain on the country’s international reputation”.

He warned that if government inertia over reform does not end, the authorities will have created,

“precisely the conditions likely to produce festering grievances, to foster unrest and even to reignite conflict”.

As we have heard, one of the key undertakings in the resolution was security sector reform, including repealing and replacing the draconian Prevention of Terrorism Act. I very much support the United Kingdom’s call on the Sri Lankan Government to deliver on their commitments laid out in the UN resolution at the Human Rights Council on 11 September. I welcome our Government’s actions in that respect.

President Sirisena held a meeting with the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, on the margins of the recent UN General Assembly. He was told by the commissioner to accelerate the pace of fulfilling all the obligations in the 2015 consensual resolution. However, President Sirisena argued that hastening the process would give an undue advantage to extremists and invited the high commissioner to visit Sri Lanka next year to see progress.

Noble Lords have highlighted the progress made and I do not want to undermine it. The president pointed out that he had signed the gazette notification operationalising the Office on Missing Persons before he left for the US. He also said that the draft Bill on a new constitution was presented to the Parliament—all good progress. The Sri Lankan Government also stated that all lands in the eastern province that were under the custody of the security forces had now been released and a considerable number of lands in the north, too, have already been released. For the rest of the lands, measures are being taken to resolve the administrative problems and these will also be released to people gradually.

But there still is a heavy military presence in the northern part of the country, which is a serious challenge to transitional justice. The largely Sinhalese and Buddhist army engages in everyday commercial activity, for example. It runs shops, restaurants and hotels, leaving local businesses unable to compete. It is common practice for the army to occupy, cultivate and harvest farmlands and sell produce back to the local community. If that continues, it is bound to increase discontent among Tamil communities and lead to a rise in protests. Those are the issues that need to be addressed.

[Lord Naseby]

As I said, I went there in February and I saw the shops being closed. I was told that there was no trading activity anymore and I checked with the traders who confirmed that. The noble Lord is right that trading was happening extensively, but it now seems to have ceased—or at any rate at least 95% ceased.

[Lord Collins of Highbury]

My Lords, I think that the difference between us is about the pace of progress. I acknowledge that things are happening—I said that in my opening remarks. But if we do not speed up the pace of reform, there is certainly the prospect of continuing discontent. What ongoing discussions are the Government having with the Sri Lankan Government to encourage this demilitarisation of the north and expedite the full return of land by the military to the owners?

As we have been reminded in this debate—by the noble Lord, Lord Sheikh, in particular—the last session of the UN Human Rights Council on 29 September heard allegations of genocide, systematic discrimination, torture, extrajudicial killings and militarisation levelled against Sri Lanka. That is beside the call by the UN High Commissioner for Human Rights for the second time in two sessions for universal jurisdiction to be exercised. Of course, universal jurisdiction is the principle etched in law that every country has an interest in and responsibility to bring to justice perpetrators of the most abhorrent crimes, enforcing international legal norms. That is absolutely fundamental to protecting human rights and supporting peace and stability. They must be a priority for the international community. Does the Minister agree that all nations must reject impunity, embrace the principle of universal jurisdiction and clearly state that the alleged perpetrators will be arrested if they cross international borders?

Accountability for atrocities committed in Sri Lanka can offer the country a chance to heal the divisions of the past. That is the process that all noble Lords have been referring to. What effort is the FCO making to constructively engage with Sri Lanka and advance its commitments to reconciliation? Security sector reform, including repealing and replacing the draconian Prevention of Terrorism Act, must be a key feature of that. As Ben Emmerson concluded, the use of torture has been and remains today endemic and routine for those arrested and detained on national security grounds. Since the authorities use that legislation disproportionately against members of the Tamil community, that community has borne the brunt of the state’s well-oiled torture apparatus. What representations have the UK Government made to Sri Lanka on the conclusions reached by Ben Emmerson, which confirmed similar findings to those of Human Rights Watch and other organisations?

The noble Baroness, Lady Berridge, referred to the events of two weeks ago in Sri Lanka when a mob led by Buddhist monks filmed a UN safe house sheltering Rohingya refugees. I, too, welcome both the condemnation from the Sri Lankan Government and the actions to be taken against the perpetrators of that crime. I ask the Minister whether the Government have urged the Sri Lankan people to ensure the perpetrators are properly held to account. There is, and remains, widespread concern that they will not be, and it is important that we keep up the pressure.

I join in the support of the noble Baroness, Lady Berridge, for sharing best practice, particularly in terms of extending freedom of religious belief, but human rights is a broad band of principles. One of the things that concerns me, to which I want the Minister to respond, is that earlier this year, after a vote in their Parliament, the Sri Lankan Government decided to keep their law making homosexuality illegal. Despite that decision, Cabinet members agreed to update their human rights action plan with an addendum that bans discrimination against someone based on their sexual orientation. Although that is a step in the right direction for the Sri Lankan LGBT community, it fears it will not stop facing abuse while the law telling people homosexuality is wrong exists. Many of the LGBT citizens polled by Human Rights Watch revealed they had been sexually or physically abused by local police, and at one point over half of them said they had been detained by police without reason. There was also a recent hate crime where a trans woman and HIV advocate was murdered. Can the Minister assure us that adequate time, not only for freedom of religious belief and other human rights issues, will be given at the Commonwealth Summit for these issues to be fully aired and considered at all the fora—including, most importantly, at the Heads of Government Meeting?