Sri Lanka (Human Rights)

Lord Wharton of Yarm Excerpts

Wednesday 22nd February 2012 Westminster Hall

[Mr Sharma]

I fully support my right hon. Friend’s intervention, and I will develop that point later in my speech.

The UN panel of experts, two UN special rapporteurs on extra-judicial killings, the US State Department, the European Commission, Channel 4, the International Crisis Group, Human Rights Watch, Amnesty International, the elders and others, have documented allegations of egregious violations of international human rights and humanitarian law that were committed by the Government and the Tamil Tigers during Sri Lanka’s conflict. The Sri Lankan authorities, however, have continually refused to address adequately those serious claims. The findings of the UN panel of experts, which stated that,

“most civilian casualties in the final phase of the war were caused by government shelling”

were dismissed as “fundamentally flawed.”

[James Wharton (Stockton South) (Con)]

I congratulate the hon. Gentleman on securing this important debate. He has referred on a number of occasions to the report by the UN panel of experts, which I am sure he has read in full. How does he equate his comments with the acknowledgement in paragraph 53 of that report that

“this account should not be taken as proven facts, and any effort to determine specific liabilities would require a higher threshold.”?

Is it not clear that, while the report sets out a narrative and raises legitimate concerns, it must not be taken as a factual account?

[Mr Sharma]

I assure the hon. Gentleman that I will develop that argument later in my remarks. The demand for information from other sources indicates that there is a flaw and that further investigations are needed.

The Channel 4 documentary, “Sri Lanka’s Killing Fields”, is horrifying, and—I am sure all hon. Members will agree—made for difficult viewing. Disturbing footage captured on mobile phones as war trophies, by both Tamils under attack and Government soldiers, showed the extra-judicial executions of prisoners and the aftermath of the targeted shelling of civilian camps. Dead female Tamil fighters appeared to have been raped or sexually assaulted, abused and murdered.

Since its original transmission, the programme has been screened at the UN in Geneva and New York, and shown to politicians at the European Parliament and US Senate. It has prompted comments from leading political figures in the UK and around the world. The programme has been denounced by the Sri Lankan Defence Secretary, Gotabhaya Rajapaksa, as depicting “baseless accusations” of Government atrocities. Last week, however, the Sri Lankan army announced that it has appointed a five-member court of inquiry to examine the evidence shown in the programme, as well as the report by the presidentially-appointed war panel, the Lessons Learnt and Reconciliation Commission. A follow-up programme is to be aired next month, exploring the reasons behind the apparent international inaction after accusations of war crimes. The work of two UN special rapporteurs, who have authenticated footage of war time abuses in Sri Lanka, has been similarly dismissed.

--- Later in debate ---

[James Wharton (Stockton South) (Con)]

It is a pleasure to serve under your chairmanship, Mr Benton. In the few minutes that I have left, I will first declare, as is recorded in the Register of Members’ Financial Interests, that I visited Sri Lanka in January. I will visit again at the beginning of March with the charity, International Alert.

I have listened with great interest to the contributions made by hon. Members today. Some important points have been raised, although I would add that the unanimity of view of Members here is perhaps not as clear-cut as some contributions would lead us to believe. While I was in Sri Lanka, I saw quite a lot of positive progress being made. I am not dismissing the genuine concerns that many individuals have raised, but at the same time they should be seen in the context of what is being done. A great deal of rehousing work is being done, with nearly 50,000 houses having been built. Resettlement is going well. I visited Manik Farm, one of the internally displaced person camps. I met people there and heard that they were keen to be resettled back to the places from which they had been displaced. I also saw that the conditions in which they were living at that time were not as is sometimes described. They had good facilities.

[Robert Halfon (Harlow) (Con)]

Does my hon. Friend accept that the Sri Lankan military have now occupied more than 7,000 sq km of land in the Tamil majority areas in the north and east, for which they have no credible property rights?

[James Wharton]

My hon. Friend makes an interesting point. Throughout the period of conflict, the military occupied large swathes of land in the north and east, and they continue to occupy parts of land. One of the things that I saw while I was there is that the military are now contracting the spaces that they occupy. That does not take away from the genuine concerns that are raised about the military presence in the north and east, but it is none the less a fact on the ground that the amount of land that they are occupying is reducing, as that land is returned to its rightful owners. There have been areas of progress in Sri Lanka. I had hoped to say more on them, but I am conscious of the time.

[Mr Love]

Will the hon. Gentleman give way?

[James Wharton]

No, I do not have any further time to give way. I apologise to the hon. Gentleman.

The LLRC, which has been the topic of much discussion this morning, makes a number of strong and good recommendations. In some areas, it has been criticised. Understandably, hon. Members have raised some of those issues this morning—for what it does not say, as much as for what it does say. In responding to the LLRC, we should recognise some of the actions that the Sri Lankan Government are taking. During my visit there, when I met representatives, whether parliamentarians or Ministers, I found that the issue was being taken seriously.

It is welcome that the Attorney-General is investigating allegations made throughout the process and that police investigations have begun into allegations made to the LLRC. It is welcome that an army court of inquiry has been established to consider not just the allegations raised with the LLRC but the Channel 4 documentary, which, although disputed, is now being investigated.

Welcome progress is being made, and we are in danger of damaging that progress if we rush wholeheartedly to the UN Human Rights Council and ask for action now. Sri Lanka must be given time and space to deal with the issues, along with an understanding of the context and history of the recent experiences in that country. The issues must be addressed fully, but we must give Sri Lanka the opportunity to address them internally before rushing to take international action.