Sri Lanka: Human Rights

Debate between Lord Swire and Kerry McCarthy

Thursday 7th July 2016 Commons Chamber

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I genuinely congratulate the hon. Member for Ilford North (Wes Streeting) on securing this debate and on his continuing commitment to the all-party parliamentary group for Tamils and its valuable work in maintaining the focus on human rights in Sri Lanka and on Tamil rights in particular. I also thank all hon. Members for their contributions, and I will try to address as many of their points as I can in the time available to me.

This debate comes at an historic time for Sri Lanka. Last October, President Sirisena’s Government took the significant step of co-sponsoring Human Rights Council resolution 30/1. In his update to the Human Rights Council last week, High Commissioner Zeid recognised where progress has been made, identified where more could have been done and set out the need for a comprehensive strategy to make further progress. I fully agree with his assessment.

The Sri Lankan Government’s response demonstrated their commitment to addressing the legacy of conflict. Foreign Minister Samaraweera set out to the UN Human Rights Council on 29 June what his Government would be doing to fulfil the commitments they made in Geneva last October. Their approach addresses the core issues that have marred Sri Lanka’s history and scarred its society: human rights, reconciliation and transitional justice. I welcome the Government of Sri Lanka’s determination and commitment to deal with these complex and sensitive issues in a comprehensive and systematic way.

We should not, however, underestimate the challenges of dealing with the legacy of a 30-year conflict. Foreign Minister Samaraweera said last week in Geneva:

“Reconciliation does not happen overnight. It requires effort, hard work, commitment, and careful, continuous, concrete action. It is a journey that requires constant striving.”

I wholeheartedly agree. We should remember that Sri Lanka has been on a remarkable journey in the last 18 months, since President Sirisena was elected. The country is, I believe, now in a far better place than anyone could have imagined.

I have spoken before about the striking differences between the Sri Lanka I saw in November 2013 and the one I visited in January this year. The elections last August were the most democratic in living memory, and resulted in the formation of a national unity Government committed to reconciliation and peacebuilding. The constitutional reform process Sri Lanka has now embarked on is an essential foundation for the country’s future stability—a foundation on which to build its democracy, its development and its political reconciliation. The devolution of political authority that the authorities are seeking to enshrine within that process will be crucial for Sri Lanka’s long-term governance and prosperity.

The hon. Gentleman emphasised the need for Sri Lanka to make timely progress on its commitments. At the Human Rights Council session on 29 June, the UK urged Sri Lanka to deliver on those commitments, including by putting in place credible transitional justice mechanisms underpinned by meaningful consultations and effective witness protection. In that respect, we welcome the Government’s announcement that they will establish an Office of Missing Persons. We remain committed to the full implementation of resolution 30/1, and we stand ready to support the Sri Lankan Government to that end.

Although progress has been slower than we and many others had hoped, it has been encouraging to see Sri Lanka’s renewed openness and engagement with the UN. We welcomed Sri Lanka’s invitations to High Commissioner Zeid and various UN special rapporteurs to visit and to discuss torture, disappearances, and the independence of judges. However, we recognise that much remains to be done, in particular in improving the rights of all the country’s citizens.

The hon. Gentleman raised the issue of allegations of ongoing human rights abuses. We have been clear with the Sri Lankan Government about the need to do more. I discussed our concerns with High Commissioner Zeid in Geneva last month, and again with Foreign Minister Samaraweera in London last week. I set out clearly the areas we felt were important for Sri Lanka to focus on: torture, land reform and transitional justice.

[Kerry McCarthy (Bristol East) (Lab)]

Did the Minister have the opportunity to discuss with the Sri Lankan Foreign Minister this week’s announcement that Sri Lanka intends to demilitarise by 2018, which would be a very welcome step? As the Minister will know, the Sri Lankan military is involved in running everything in the north from beauty parlours to hotels to food companies, and dealing with that is an important part of putting the north back on a stable footing.

[Mr Swire]

The hon. Lady makes a very credible point. I have been to the north twice and seen that for myself. An army has no reason to be in business in a civilian structure or to be on other people’s land, and I will come to that in just a minute.

The hon. Gentleman asked about our funding arrangements to promote human rights abroad. Our £6.6 million three-year conflict, security and stabilisation funding for Sri Lanka focuses on reform, interfaith dialogue—the hon. Member for Strangford (Jim Shannon), with his ongoing support for Christian communities around the world, will be pleased to hear that—transitional justice, de-mining and anti-corruption. Through the Magna Carta fund and our bilateral programme budget, we are also supporting a number of other human rights and reconciliation projects. Our programmes in Sri Lanka aim to strengthen democratic institutions, support reconciliation and protect human rights.

On land reforms, which the hon. Lady just raised, more land returns are essential, both to build confidence and to allow the resettlement of displaced Tamils. I was encouraged that a further 701 acres were released two weeks ago, and that Foreign Minister Samaraweera has said that the Government have instructed the military to release all land obtained from civilians by 2018. The British Government are clear that land releases must be accompanied by adequate housing and support for resettled communities. We continue to support de-mining programmes, one of which I have seen, and housing and resettlement through our contributions to multilateral agencies.

We will continue to encourage the Government of Sri Lanka to prioritise the reform of their security sector, not least with the repeal of the Prevention of Terrorism Act. All forms of sexual and gender-based violence and torture must be addressed. The President has taken steps to address this and has issued guidance to all security forces that emphasises the absolute prohibition of torture or other ill-treatment, including sexual violence. The Government, with our assistance, are also putting in place training programmes for the police and other measures aimed at combating and eliminating torture. This includes addressing the need for the prosecution and conviction of perpetrators.

There are other areas of concern. These include issues of freedom of speech and movement, the remaining detainees held under the Prevention of Terrorism Act and the continued involvement of the military in commercial life in the north. Through diplomatic pressure and targeted projects, we will continue to encourage the Government to address these issues.

The hon. Member for Ilford North highlighted the issue of international involvement in the prosecution of war crimes. The British Government have always been clear that any accountability mechanism needs to be credible and meet international standards. We therefore welcomed Sri Lanka’s co-sponsorship of UNHRC resolution 30/1. We have reiterated our commitment to its full implementation on a number of occasions, most recently in Geneva last month.

Oral Answers to Questions

Debate between Lord Swire and Kerry McCarthy

Tuesday 14th July 2015 Commons Chamber

[Mr Swire]

We welcome, since 2011, the release of 2,000 political prisoners, increasing press freedoms and the discharging of 500 child soldiers. We have, however, seen some re-arrests and we have not been slow to raise these issues. We are working extraordinarily closely with the Department for International Development to try to ensure that on 8 November Burma can face a democratic election where the people can decide who they wish to govern them. From that will flow greater freedoms and respect for human rights.

[Kerry McCarthy (Bristol East) (Lab)]

Given the continued plight of the Rohingya and the role of the military, not just in Parliament but in its continued use of sexual violence with impunity and the lack of progress on key areas of constitutional reform, it is clear we are not seeing the progress we need in Burma. Does the Minister think that the UK or the EU retain any influence now that sanctions have been lifted?

[Mr Swire]

Yes, I do. Incidentally, I draw the House’s attention to the hon. Lady’s recent article on Burma in the Huffington Post, where she appears to suggest that the Prime Minister took business leaders to Burma before the EU lifted trade sanctions in 2013, implicitly suggesting that somehow the Prime Minister was promoting trade when EU sanctions were in place. I refer her back to a 2012 article in The Guardian, which she would do well to read. She may wish to correct what is effectively rather a misleading comment in her article.

[Kerry McCarthy]

I know that the Prime Minister and the Minister are keen to strengthen our bilateral relationship with Burma, but does he agree there will be serious consequences for that relationship if Burma fails to deliver free, fair and credible elections in November in which the Rohingya can participate and Aung San Suu Kyi can play a full role?

[Mr Swire]

Of course, we work closely with Daw Aung San Suu Kyi on all these matters. To repeat, the Prime Minister, with President Thein Sein, said at the G20 that elections should be inclusive and credible, which is what we are working towards on 8 November.