Sri Lanka: Human Rights

Anne McLaughlin Excerpts

Thursday 7th July 2016 Commons Chamber

[Wes Streeting]

I certainly agree with my hon. Friend and neighbour about that. One thing I find encouraging about the Tamil and Sinhalese population in my constituency is that a number of events are held throughout the year where they come together. That is the spirit of reconciliation we need to promote, not just in the diaspora, but in Sri Lanka. We are pushing for a process of truth, justice and reconciliation. Indeed, in the 2009 speech I mentioned earlier, David Miliband told this House:

“How the conflict is ended will have a direct bearing on the prospects for long-term peace in the country. The Government there must win the peace as well as the war.”—[Official Report, 30 April 2009; Vol. 491, c. 1050.]

Members in the Chamber this afternoon will be aware that the closing weeks and days of the Sri Lankan civil war were among some of the most brutal and bloody, and certainly the Government of Rajapaksa gave very little encouragement that we could find that process of truth, justice and reconciliation. The election of President Sirisena last year offered some hope that there would be an opportunity for Sri Lanka to move forward, as he pledged both reform and reconciliation. I acknowledge that progress has been made under that Government, but what I will set out this afternoon is the fact that the demands of the UN Human Rights Council resolution passed in October 2015 are not yet being fully implemented. The progress being made by the Sri Lankan Government is too slow. Many of the public statements made by senior Government figures are directly contrary to the demands of that resolution, particularly in respect of international involvement in the prosecution of historical alleged war crimes.

That resolution set out judicial and non-judicial measures needed to advance accountability, reconciliation, human rights and the rule of law. It was very encouraging that the Sri Lankan Government co-sponsored that resolution and that it passed unanimously. Although the resolution did not go as far as many of us would have wanted, the compromise was worth while, in binding the Sri Lankan Government to that resolution. That is why we must make sure that it is delivered to the letter.

Although it should be acknowledged that some initial progress has been made, with the release of civilian land and the establishment of an office of missing persons, the update produced by the Human Rights Commissioner last month shows that there is still much more progress to be made if the resolution is to be met and justice is to be obtained. Much more needs to be done to speed up efforts to investigate missing persons and to provide confidence to their families that the search is serious. The UN working group on enforced or involuntary disappearances ranks Sri Lanka as the country with the second highest number of disappearances in the history of its tenure,

The Sri Lankan Government must also do more to improve transparency and communication in relation to their consultations, having promised to engage in broad terms in national consultations and created a consultation taskforce on reconciliation mechanisms in February 2016. Progress in this area has again been slow. The taskforce has not yet begun regional consultations, which, given the nature of the geography and the demography of Sri Lanka, are absolutely essential, and the UN special rapporteur on transitional justice has criticised the process. Indeed, there are many people in the diaspora, including those in my constituency and, I suspect, in other constituencies, who want their voices to be heard and who also deserve to have their say in the consultation process.

It is also worth noting that those consultations that have taken place, for example on the creation of the Office for Missing Persons, have been short and their findings not shared with the public. Instead, in this particular case, they were shared only with a small number of civil society groups, which were given just two weeks to respond. Given the gravity of the issues being discussed, that is wholly unsatisfactory.

The delay in the implementation of the UN Human Rights Council resolution has to be addressed if confidence in the process is to be maintained. This afternoon, there are three key areas to which I wish the Minister to respond. First, there is the issue of international involvement in the prosecution of war crimes. Despite agreeing to

“the importance of participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorised prosecutors and investigators”,

public statements have been made by the President and the Prime Minister of Sri Lanka stating that the judicial process will be domestic with no foreign or international involvement, which is wholly unacceptable. It is completely contrary to the resolution that was passed and the resolution that the Governor of Sri Lanka set up.

[Anne McLaughlin (Glasgow North East) (SNP)]

I congratulate the hon. Gentleman on bringing this really important issue to the House. Does he agree that we cannot accept the Minister saying that we will not push for international involvement because, after all, the President today may be better than the President before, but President Sirisena was still part of Rajapaksa’s Government when he bombed innocent people who had done absolutely nothing to deserve it? I just want to add my voice to push for that.

[Wes Streeting]

I am grateful to the hon. Lady.

The international involvement is important for two key reasons. First, the framework for the prosecution of war crimes as serious as these simply does not exist in Sri Lankan law. The judicial mechanism needed to prosecute such serious crimes simply does not exist. The second reason is about confidence. Tamil people in Sri Lanka, in this country and in other countries around the world must have confidence that there will be a fair and due process, that the courts are properly equipped to prosecute crimes of this nature, and that the people who were responsible are properly held to account. Without not just the truth, but the justice, the reconciliation will not follow, and that would be an absolute travesty for a country that has so much promise and a potentially bright future ahead of it after such a dark and devastating conflict.

I hope that we will bring appropriate pressure to bear on the Sri Lankan Government to reverse this stance and that we will work with the international community to ensure that agreements are honoured. Will the Minister tell me what representations the UK Government have made to the Sri Lankan Government on this issue, and what steps our Government will take with our international partners to increase pressure in this area? I know that the Minister is familiar with these issues. He has recently returned from Sri Lanka and is optimistic about the progress that is being made, but he must be firm with the Government of Sri Lanka and say that our bilateral relationship would be damaged if they do not honour the commitments that were made at the UN Human Rights Council, bearing in mind that the Prime Minister was heavily criticised, particularly by Labour Members, when he chose to visit Sri Lanka as part of the Commonwealth Heads of Government Meeting. He visited the north and met the Tamil community. Although I had misgivings at the time, it is only fair to acknowledge that the Prime Minister’s visit did shine a spotlight on the issues and helped us to apply pressure, but that visit will have been in vain if we do not see progress. I hope that, before he leaves office, the Prime Minister can bring some pressure to bear on the matter and that his successor will do the same.

I also want to raise the allegations of ongoing human rights abuses. It is simply unacceptable that, despite agreeing to the UN Human Rights Council resolution and the public statements made on this issue, we are still hearing about cases of torture, illegal detention and sexual violence. Human rights organisations such as Amnesty International, Human Rights Watch and the International Truth and Justice Project in Sri Lanka have all raised concerns about recent abuses and a lack of progress in this area. The charity, Freedom from Torture, has also produced evidence of the torture of Tamils occurring in 2015, including after resolution 30/1 was passed. The all-party parliamentary group for Tamils has not yet seen any evidence that these allegations have been investigated.

More recently, we learned that Velauthapillai Renukaruban, a British citizen of Tamil descent who visited the country to get married, was beaten and imprisoned on false charges. We must not allow British citizens to be treated in that way. Where these abuses take place, we must use every bit of our diplomatic muscle to ensure that British citizens are protected—never mind the fact that Tamil people who do not have the British citizenship also deserve to go about their lives with dignity and freedom.

With those worrying cases in mind, will the Minister inform us of the action he is taking to make it clear to his counterparts in the Sri Lankan Government that these abuses cannot be allowed to continue? Will he also inform the House what funding arrangements the Foreign and Commonwealth Office has in place to promote human rights abroad and how much of those funds is spent on Sri Lanka and for what purpose?

Many members of the Tamil community have raised with me the issue of deportations from the United Kingdom to Sri Lanka. When a person reaches the United Kingdom as an asylum seeker, we must do all we can to make sure that they are treated with respect and dignity. It is clear that the UK Government must look again at their policy in respect of Tamil asylum seekers. The ongoing human rights abuses and the evidence of torture of political dissidents in Sri Lanka should be a wake-up call that this issue must be treated with more seriousness than has been the case recently, particularly by giving more weight to the risks to individuals.

With this in mind, will the Minister ensure that he has further discussions with the Home Office to underline the dangers that people may face if they are returned to Sri Lanka? Will he provide an update on policy in this area, given that the UN Committee Against Torture expressed concerns about this issue nearly three years ago, in 2013?

We in this House should not forget our duty to help those in need. We should remember that this issue continues to affect the lives of people living in the UK and around the world. Many of them have seen horrific acts of abuse take place against friends and family or have been the victims of unspeakable crimes themselves. Human rights, the rule of law and reconciliation must be given the full weight and backing of the international community to force the Sri Lankan Government to speed up their work in this area.

In this week, when the UK has had to reflect on the devastating impact of a botched intervention in Iraq, it is worth reflecting on the consequences of failing to act when human rights abuses occur. There is absolutely no doubt in my mind that, during the 26 years of the Sri Lankan civil war, as people were being brutalised and tortured in the most appalling ways, the international community chose to look the other way. The House must also reflect on our failure and this country’s failure in looking the other way and failing to act when we arguably could and should have done more.

We cannot turn back the clock, but we can make sure today that we do not fail all the peoples of Sri Lanka again in the future as we have done in the past. With that hope, I hope that the Minister will rise to the Dispatch Box and assure us that the Government will do all they can to ensure that truth justice and reconciliation lead to the bright future for all the peoples of Sri Lanka that we all want to see.