Sri Lanka

Alistair Burt Excerpts

Wednesday 20th March 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)]

It is a pleasure to serve under your chairmanship, Mrs Main.

I congratulate the hon. Member for Rochdale (Simon Danczuk) on securing this debate and on conveying to us the human tragedy and agony behind the statistic of the murder of a UK national abroad. I also pay tribute to the force and the manner of his description of the case, the circumstances of which make for powerful listening and reading. I hope his speech gets wide distribution. I am also grateful for the contributions of the hon. Member for Strangford (Jim Shannon) and my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes).

I applaud the long-standing commitment of the hon. Member for Rochdale to securing justice following the brutal murder of his constituent, Khuram Shaikh, in 2011, and I welcome the opportunity to bring attention not only to that tragic case but to the wider circumstances that have been described. It is no secret that the United Kingdom has a number of concerns about progress in Sri Lanka, a country with which we have long and very strong ties but about which we have everyday worries that are shared by a number of other nations. One of our dearest wishes is that balance and equilibrium are restored to our relationship with Sri Lanka by those issues’ being addressed, but that is not what we currently see.

It is important to note that we have a long-standing and strong relationship with Sri Lanka. Our close ties are formed through history, educational links and culture, as well as the Sri Lankan community in the United Kingdom, which contributes so much to our rich and diverse culture. We value those links, which we are determined to maintain.

A key link, of course, is tourism. UK citizens accounted for more than 10% of tourists visiting Sri Lanka last year. Even in these tough times, tourists are making a significant contribution to the Sri Lankan economy. Together with Sri Lankan citizens, they deserve to know that they can rely on the Sri Lankan authorities to keep them as safe as tourists in any other part of the world. They also deserve a swift investigation, with the perpetrators being apprehended and brought swiftly to justice in a fair and transparent trial, should any crime be committed against them.

Unfortunately, the events highlighted by the hon. Gentleman today have served to undermine that trust. The horrific murder of Khuram Shaikh has gone untried for 15 months, bringing further grief and frustration to those closest to him. Of course, justice can take time, which we all understand, but in this case we were encouraged by the quick arrest of the suspects and the Sri Lankan Government’s early assurances that such a brutal crime would be investigated quickly and thoroughly, and that all guilty parties would be sentenced appropriately.

No trial has yet started, and the suspects, the most prominent of whom is a local politician, have been released on bail, which is extremely disappointing. There is a growing perception that the guilty parties may escape justice due to political connections, despite repeated pleas from Khuram Shaikh’s family and the British high commission in Colombo. I welcome the recognition of the work of our high commissioner and his team. It will be reported back to him. There is a sense, 15 months after this heinous crime, that those who deserve to be put on fair trial for their actions might escape justice. We sincerely hope that that is not the case, and that the accused will soon face a swift trial, free from political interference.

I was able to raise Khuram Shaikh’s case with the Sri Lankan Foreign Minister during my visit to the country in January, as well as in a meeting with the Sri Lankan high commissioner in London on 23 January. During my meeting with the high commissioner, I was advised that progress would be made within three months. I trust the high commissioner and the Foreign Minister, and expect to hear soon of progress on the case. The British Government, along with my right hon. Friend the Secretary of State, will monitor closely the progress of investigations in the coming weeks, in the hope that those assurances will lead to the justice that the Shaikh family so deserve. It is unfortunate that senior members of the Sri Lankan Government did not meet with the hon. Member for Rochdale or with Khuram Shaikh’s brother, Nasir Shaikh, during their recent visit to Sri Lanka to press the case further.

We are concerned about the possibility of increased attacks on and threats to our tourists abroad. Our travel advice recognises an increase in sexual and gang violence in Sri Lanka. We condemn all instances of violence. They must be investigated, and those responsible brought to justice with a swift and fair trial. We advise any visitor abroad to read the travel advice on the Foreign and Commonwealth Office website. It is kept up to date. It is accurate, factual and not used for any political purpose; it honestly describes the situation there. It will change to reflect circumstances and the UK Government’s concerns about UK citizens travelling abroad. The hon. Gentleman is right to draw attention to it. We draw the attention of tour operators and others to our travel advice, and we hope that people accept it and understand what it implies.

Turning to wider issues mentioned by hon. Members, Khuram Shaikh’s tragic case is, regrettably, not our only concern about justice in Sri Lanka. Hon. Members have spoken eloquently about other concerns. We are clear that judicial independence should be a principle at the heart of all free countries. Since the impeachment of Sri Lanka’s Chief Justice in January, many feel that that principle has been fatally compromised, which is why we and others, such as the International Commission of Jurists and the UN, have expressed deep concern at the impeachment. We are disappointed that the Sri Lankan Government continued with the process despite objections from Sri Lanka’s highest courts and outcry from its own citizens.

The Sri Lankan Government have defended the impeachment, stating that the process was constitutional and followed due procedure, but many eminent legal authorities, in Sri Lanka and overseas, have given a contrary view. We also note that when the legal experts of the International Bar Association’s Human Rights Institute planned to visit Sri Lanka to investigate the impeachment, they were denied visas by the Sri Lankan Government. Such actions do not inspire confidence in the claims that the process would stand up to further scrutiny.

Of course, our concerns about the situation in Sri Lanka do not end with justice issues. The long conflict in Sri Lanka ended in 2009 with the defeat of the brutal Liberation Tigers of Tamil Eelam. After such a devastating period in their history, we believe that all Sri Lankans deserve lasting peace, justice and reconciliation. Following the end of the conflict, the 2011 report by the UN Secretary-General’s Panel of Experts on Accountability in Sri Lanka found credible allegations that both sides violated international humanitarian law during the conflict. More recent work such as the Human Rights Watch report and footage from a new documentary about the final days of the conflict have also brought to international attention important information supporting allegations of abuses.

We have consistently called for an independent, thorough and credible investigation into the allegations. Until such an investigation takes place, it will be difficult for the Sri Lankan people to move forward. We are clear that all allegations must be investigated, whether committed by the LTTE or Government forces, and that those responsible must be brought to justice. We believe that fully addressing and condemning events of the past is crucial to ensuring that justice is done and that Sri Lanka can begin to look forward, not back, but so too are wider measures recommended by Sri Lanka’s own Lessons Learnt and Reconciliation Commission. In order to ensure that the dividend of peace can be enjoyed by all Sri Lankans, it is vital that the Sri Lankan Government make concrete progress in implementing the recommendations, which include investigation of alleged extra-judicial killings and disappearances and implementation of a mechanism to resolve land disputes impartially.

We recognise that the path to justice and reconciliation, particularly after such a bitter conflict spanning generations and affecting so many, will be long. It is also important for us to recognise that the Sri Lankan Government have made some progress. I saw the situation for myself during my visit to Sri Lanka in January. Infrastructure had been rebuilt, and I saw roads being repaved in the northern area. I also heard from non-governmental organisations about extensive de-mining work done in former conflict zones. We recognise and welcome such progress. We also recognise that there are obstacles to progress in some areas, and that the way forward will never be clear of stumbling blocks. Much more work is needed to guarantee a stable future for Sri Lanka and ensure justice for all its citizens. The appropriate application of the rule of law is clearly a key factor.

[Simon Hughes]

Will my hon. Friend give way?

--- Later in debate ---

[Alistair Burt]

I am just about to come to the Commonwealth Heads of Government meeting. The United Kingdom has still not made a decision on our attendance at CHOGM. We look to Sri Lanka to demonstrate the Commonwealth principles of good governance, respect for human rights and adherence to the rule of law.

The spotlight will be on Sri Lanka, and will inevitably highlight either progress or lack of it. It was decided at CHOGM 2009 that Sri Lanka should host the meeting in 2013. I remind the House that to reopen that decision would require the consensus of all member states. We will look to Sri Lanka to demonstrate its commitment to upholding Commonwealth values. We must also be sure that the emphasis at CHOGM will be on the Commonwealth. That is what it is about. Bearing in mind the location, however, there is a risk that attention will be drawn to other factors. We are working strenuously with other partners to ensure that Sri Lanka recognises its opportunity to demonstrate its values; also, in the run-up to that period, questions are being asked, exemplified by the individual circumstance raised by the hon. Gentleman that is reflective of wider concerns. We have similar questions, as do other members of the Commonwealth, and other concerns are being aired this week at the Human Rights Council in Geneva.

As I mentioned at the beginning, our relationship with Sri Lanka is long and deep. We recognise the bitterness and difficulty of the conflict that came to an end and the brutality of terrorism and the importance of seeing it ended; if there is to be proper reconciliation and justice, however, there has to be a recognition of accountability for what has happened, as well as looking forward to the opportunities available for all the population in Sri Lanka. All that the friends of Sri Lanka and its people are doing is to draw attention to the need to reconcile the statements of the Government of Sri Lanka about justice and reconciliation with actions on the ground to deliver that. Government statements about implementing the Lessons Learnt and Reconciliation Commission’s recommendations are emphasised because that is what Sri Lankans themselves expected to see happen to deliver the justice and reconciliation that the Government talk about.

Those outside are asking for no more than for the Sri Lankans to live up to what they themselves said was needed to ensure reconciliation for the future as well as justice for the past. Adherence to the rule of law and the ability to deal with the sort of issues raised by the hon. Gentleman and others in this Chamber this afternoon are a key part of that process. The United Kingdom is keenly aware of the concern about such issues and of the need to look at them extremely carefully in the months ahead.

Question put and agreed to.