Sri Lanka: Human Rights

Elliot Colburn Excerpts

Wednesday 20th March 2024 Westminster Hall

[Elliot Colburn (Carshalton and Wallington) (Con)]

I beg to move,

That this House has considered human rights in Sri Lanka.

It is a pleasure to serve under your chairmanship, Dame Maria. Sri Lanka’s 2009 conflict ended in a horrific bloodbath. Tens of thousands of Tamils were killed in the final months, with accusations pointing to intentional targeting of civilians by the Sri Lankan military. That dark chapter remains open, with an estimated 70,000 to 170,000 Tamils unaccounted for and presumed dead. The Government’s continued denial of war crimes, crimes against humanity and even genocide fuels anger and blocks the path towards healing. The situation for Tamils, and indeed other minority groups, such as Muslims, in Sri Lanka remains precarious. Impunity reigns, human rights violations persist and heavy militarisation casts a long shadow. Sri Lanka’s failure to address accountability and pursue transitional justice mechanisms hinders any hope for lasting peace and reconciliation.

The international community’s call for accountability has not translated into concrete action, and the United Nations Human Rights Council rightly identifies the lack of accountability as the critical missing piece to Sri Lanka moving forward. We have seen decades of ineffective governance and policies driven by nationalism, which was a root cause of the conflict, continue to plague the nation, contributing to its current political and economic crises. It is vital that the international community continues to hold Sri Lanka accountable for past and present human rights violations, because only through the effective mechanisms for international investigation and prosecution can Sri Lanka achieve meaningful justice and reconciliation and finally turn a page on this dark chapter.

Sri Lanka has witnessed a chilling escalation in a suppression of Tamil remembrance this past year. As Tamils prepared to commemorate Maaveerar Naal remembrance day, and even during the ceremonies that took place, police actively disrupted events, physically blocked people from attending, destroyed memorials with violence and arrested participants. That is not a new tactic—Tamils in the north-east have historically faced harassment leading up to Maaveerar Naal—but last year, crackdowns intensified despite court orders permitting the commemorations.

Since the memorial, fear and injustice have gripped the Tamil community. The notorious Prevention of Terrorism Act was once again wielded, leading to arrests of Tamils simply for carrying decorations or attending remembrance ceremonies. Even those providing logistical support with vehicles or generators faced arbitrary detention. That draconian law, which is a stain on the country’s human rights record, has fuelled decades of abuse: prolonged detentions, disappearances and torture, particularly against Tamils and Muslims. Those are the horrific realities of the PTA. Stronger action from the UK is crucial to abolish that Act.

The shadow of militarisation looms over Sri Lanka’s Tamil north-east population. Despite Sri Lanka boasting one of the world’s largest militaries, a staggering 18 of its 20 military divisions occupy the north-east region, with 14 concentrated solely in the north. That overwhelming presence comes at a steep cost: Sri Lanka spends more on its defence than it does on healthcare and education combined. There have been recent claims of de-escalation and demilitarisation, but that has not occurred, so concrete action is needed. The UK must continue to push with its international partners for the de-militarisation of the north-east, dismantling the intrusive presence and allowing Tamils to rebuild their lives free from the constant shadow of the military.

As Sri Lanka tackles its economic woes, the UK must acknowledge the lack of political will to protect Tamil livelihoods and urge an end to the land grabs of Tamil land. Frustration continues within the Tamil community in Sri Lanka and overseas, which has long demanded a lasting solution that tackles the root cause of conflict. Years of empty promises and unmet aspirations from successive Governments have only fuelled those demands.

In February 2023, Tamil protestors defied intimidation and surveillance to stage a four-day protest across the north-east, in a powerful rejection of the 75th anniversary of independence day. That served to symbolically reclaim Tamil homeland and issue a clear set of demands, including the end to military occupation, justice for the Tamil genocide and uncovering the truth about those who disappeared.

President Wickremesinghe pledged to solve the ethnic crisis and hold talks with Tamil parties, but those efforts have proven fruitless: the Tamil community awaits concrete action, not empty words. The country is clinging to a troubling legacy; those accused of war crimes against Tamils continue to enjoy protection, with some even receiving pardons and diplomatic postings. That blatant disregard for accountability exposes the shortcomings in the justice system and underscores the current administration’s tolerance for impunity.

There is a clear lack of political will to deliver justice for Tamil victims, and that is evident even in high profile cases. The unresolved Trinco 5 killings, which were high- lighted both by the UN Human Rights Council and during recent Generalised Scheme of Preferences Plus trade discussions, stand as a stark example. The UN High Commissioner for Human Rights has aptly noted that not a single emblematic case has resulted in conviction. Sri Lanka’s path forward hinges on genuine commitment to accountability—a path they have yet to take.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I very much support what my hon. Friend has been saying. I agree that settling this issue and getting the right human rights for those Tamils who are suffering—many of whom have fled over here into many of our constituencies—is important.

However, there is also another side of this. The need for the Sri Lankan Government, as a result of not resolving this issue, to station so many army divisions and spend so much on the military is one of the reasons why the Chinese were able to secure a 99-year lease on the Hambantota port. The Chinese are able to have their ships in that port because the Sri Lankan Government is bankrupt. That has a very big impact on the UK’s wider views on the far east.

--- Later in debate ---

[Elliot Colburn]

My right hon. Friend is absolutely right; there is increasing concern about Chinese influence on the island. That is something my right hon. Friend has spoken very powerfully on, and I hope that the Government have listened.

Sri Lanka has a long history of truth commissions—they have held over 15 since independence—but none of them have delivered meaningful justice or accountability, and the proposed truth and reconciliation committee seems destined to follow the same path. The Tamil community remains deeply sceptical; it advocates for an independent international mechanism with the power to investigate and prosecute impartially. The Government however appear to view the TRC as a way to escape international scrutiny at the UN Human Rights Council.

Truth-telling is crucial for transitional justice, but it should not come at the expense of holding perpetrators accountable. The Sri Lankan Government’s past failures to deliver on those promises raises serious concerns. A genuine TRC should prioritise justice for victims, not serve as a tool for escaping international pressure.

Sri Lanka’s commitment to the UN Human Rights Council process has crumbled. After failing to show meaningful progress on resolution 30/1, they shockingly withdrew their co-sponsorship of it in 2020. Even the limited progress that has been made is now being reversed. A recent UN report from September last year painted a bleak picture:

“Sri Lanka suffers from a continuing accountability deficit”.

From war crimes, to recent human rights violations, corruption and abuse of power, the path to justice remains blocked. No Government has established a judicial mechanism to deliver justice in the emblematic cases outlined by the UN Human Rights Council. Allowing Sri Lanka to continually renege on its international commitments weakens the credibility of the UNHRC and its member states. The fight for accountability must not be abandoned.

Sri Lanka’s war crimes remain unpunished. Despite overwhelming evidence, no perpetrators have faced sanctions under the UK’s new Magnitsky Act-style legislation. This inaction stands in stark contrast to Canada, which sanctioned former President Rajapaksa for his wartime actions, and the US, which sanctioned General Shavendra Silva—whose division still stands accused of horrific abuses. The UK must act; holding war criminals accountable is essential for justice and a crucial step towards a more peaceful future.

I believe that the UK’s relationship with Sri Lanka needs a critical review. Military co-operation must be suspended until Sri Lanka removes personnel implicated in human rights violations from its security forces. The UK should also refuse diplomatic access and diplomatic roles to anyone accused of such abuses. Trade deals and concessions require re-evaluation in light of Sri Lanka’s failure to uphold human rights commitments, and sanctions are a potential tool to pressure reform.

Furthermore, the UK should make all future bilateral and multilateral ties with Sri Lanka contingent on concrete progress, that includes reconciliation among ethnic and religious groups. Sri Lanka should investigate and prosecute war crimes and human rights violations, return stolen land, resolve disappearances and reduce the military presence in former conflict zones. Ultimately, the island must demonstrate respect and uphold the rights and freedoms of all its people, regardless of ethnicity or religion. Investigating and prosecuting human rights abuses is critical to achieving that. By linking its support to those vital changes, the UK can play a significant role in pushing Sri Lanka towards a more just and peaceful future.

Sri Lanka’s human rights record casts a long shadow and demands a firm international response. The UK, along with other nations, has a crucial role in holding the country accountable. First, those accused of human rights crimes cannot escape unscathed. Targeted sanctions against officials can deliver a powerful message. Additionally, the principle of universal jurisdiction allows countries to pursue legal action against perpetrators on their own soil, regardless of where the crimes were committed.

The International Criminal Court offers another avenue for justice. The UK can collaborate with civil society to submit communications to the ICC’s prosecutor, urging a preliminary examination of potential crimes that fall under that court’s jurisdiction. Furthermore, Sri Lanka’s potential breaches of human rights treaties cannot be ignored. The International Court of Justice can be used to address the issues we are talking about —specifically, torture, enforced disappearance and racial discrimination.

Trade concessions granted to Sri Lanka under the developing countries trading scheme should not be unconditional. The UK can leverage those benefits by making them contingent on demonstrable progress in three key areas: the military must be purged of those implicated in human rights abuses, the Prevention of Terrorism Act must be repealed, and those responsible for well-documented human rights violations must be brought to justice. By employing that approach, the UK and the international community can send a clear message that human rights violations will not be tolerated. Those actions can and will exert significant pressure to push Sri Lanka towards a future in which the rights of all its people are respected. In particular, the Tamil people should achieve the peace, justice, accountability and truth that they have so long fought for.

[Dame Maria Miller (in the Chair)]

I call Jim Shannon.

--- Later in debate ---

[The Minister of State, Foreign, Commonwealth and Development Office (Mr Andrew Mitchell)]

I believe this is the first time we have been joined in such an endeavour during our time in the House together, Dame Maria, and it is a huge privilege to serve under your chairmanship. I am extremely grateful to my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) for securing the debate, and I congratulate him on the way in which he presented what he had to say to us. Somewhat similarly to the Opposition spokesman, the hon. Member for Cardiff North (Anna McMorrin), I am standing in for the Minister for the Indo-Pacific, my right hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan), as she is unable to attend, but it is my pleasure to respond on behalf of the Government to the excellent and interesting debate we have just heard. I am extremely grateful for the contributions of all hon. Members who have spoken. I will seek to respond to all points raised, and if I omit any, I will of course immediately write to hon. Members.

One point I want to pick up at the outset, which was made by my hon. Friend the Member for Carshalton and Wallington, is to do with the British military engagement in Sri Lanka, but I hope to pick up the rest of his points during my remarks. The British strategy for defence engagement in Sri Lanka focuses primarily on professional military education, strategic leadership and international development. We continuously monitor the context and viability of the approach to ensure that UK assistance is in line with our values and consistent with our domestic and international human rights obligations, and assures the process of selecting appropriate personnel for any UK-sponsored training.

I am particularly grateful to my hon. Friend the Member for Strangford (Jim Shannon), who was questioning me just an hour or so ago on issues to do with Hong Kong. I recognise the specific interest and experience he brings to a debate like this because of his knowledge and understanding of reconciliation, conflict and healing. I heard him say—and how right he is—that he speaks up always in this House for human rights and for the voiceless.

The hon. Member for Mitcham and Morden (Dame Siobhain McDonagh) spoke movingly on behalf of her Tamil constituents, and I will seek to come to at least some of her comments. Likewise, the hon. Member for Argyll and Bute (Brendan O’Hara) raised important issues from his experience of these matters. The hon. Member for Cardiff North raised a number of points that I will come to, but she asked me two specific questions. The first was about human rights sanctions, and as I think she inferred, we certainly keep such matters under review as appropriate, but she will not be particularly surprised to hear me say that we do not discuss them in advance and neither would we discuss our thinking across the Floor of the House. She also, secondarily, made a point about the importance of accountability. I will come to some of this in my further remarks, but I want to be very clear to her that we regard transparency and accountability as fundamental parts of reconciliation. I will say more about that in a moment.

Let me turn to the current situation. Human rights in Sri Lanka remain a priority for the Government, and we monitor closely the situation and developments there. The fact that Sri Lanka is a human rights priority country for the British Government reflects our concerns about a range of human rights issues and, quite rightly, hon. Members have highlighted a number of those concerns.

Civil society continues to face surveillance, intimidation and harassment by state authorities. Those points were eloquently set out during some of the contributions we have heard today. We are concerned about a trend towards a more constrained civic space, including the use of laws to limit freedoms of expression and assembly, such as the misuse of the international covenant on civil and political rights, or the Prevention of Terrorism Act, which was mentioned earlier. Britain continues to call for the replacement of the draconian PTA with legislation that is consistent with Sri Lanka’s international obligations and to uphold a moratorium on the use of the provisions of the PTA.

We are also concerned about the Online Safety Act, which was recently passed. It has the potential to restrict severely online communication and could criminalise many forms of expression. Proposals to strengthen the regulation of non-governmental organisations and broadcast media raise fears of efforts to restrict civic space.

[Elliot Colburn]

I am grateful to the Minister for giving way. On the point about the online space, it is indeed being encroached on internationally. In fact, here in the United Kingdom, the Tamil Guardian and other Tamil publications have faced deplatforming from places like Meta, Facebook and Instagram, for example, due to complaints made elsewhere in the world under the auspices of the PTA and other bits of legislation. Can he perhaps take away the question of how we can protect the rights of Tamils to express themselves freely online when they are outside the geographical space of the island?

[Mr Mitchell]

Yes, I will certainly take that away, as my hon. Friend requests, and I hope that some of what I will have to say will assist in addressing that point. We want to encourage the Sri Lankan Government to hold comprehensive consultations with stakeholders and enact amendments to align legislation with Sri Lanka’s human rights obligations.

As this House acknowledged in a debate—I think, in December—a number of different communities, including Tamils and Muslims, face marginalisation by state authorities. There have been increasing tensions around land, which have sometimes centred around religious sites, such as the most recent incident at a Hindu temple in Vavuniya. These actions and incidents have troubling implications for freedom of religion or belief. There have been reports of state-sponsored settlement of traditional pastureland in Batticaloa, which threatens the livelihoods of local farmers. These events have increased the risk of communal tensions and stoked perceptions of forced displacement from traditional Tamil areas in the north and east of Sri Lanka. There have been several incidents of heavy-handed policing of peaceful protests and commemorations, and the ongoing special police operation, which is ostensibly aimed at combating drug trafficking, has raised serious concerns over arbitrary arrests, seizures of property and ill treatment in detention.

I now turn to what Britain specifically is seeking to do: promoting human rights, reconciliation and justice, and accountability. Those are key strands of the UK Government’s policy towards Sri Lanka. The Minister of State for the Indo-Pacific, my right hon. Friend the Member for Berwick-upon-Tweed, raises our concerns about the human rights situation in Sri Lanka on a regular basis. When she visited Sri Lanka in October, she raised concerns with the President, the Foreign Minister and the Justice Minister, and she again saw the Sri Lankan Justice Minister when he was in Britain last week.

When in Sri Lanka, my right hon. Friend met the governor of Northern Province, Tamil representatives and members of civil society. She raised the need for progress on human rights for all communities in Sri Lanka, and the need for justice and accountability for violations and abuses committed during and following the armed conflict. The British Government have an £11 million programme that supports human rights and reconciliation in Sri Lanka. We have specific projects and programmes that help to tackle the legacy of the conflict, support civil society and democratic processes, promote gender equality and reduce inter-community tensions.

We have been a leading member of the core group of countries in the United Nations Human Rights Council that work to improve human rights, justice and accountability throughout Sri Lanka. We have worked within the UN human rights system to raise concerns and build international support to strengthen human rights. We used our statement to the UN Human Rights Council on 4 March to raise our concern on recent legislative developments relating to human rights, reconciliation and civic space.

Our statement urged the Government of Sri Lanka to ensure meaningful consultation on the proposed commission for truth, unity and reconciliation. Britian has stressed the importance, as I mentioned in my early remarks to the hon. Member for Cardiff North, of transparency, accountability and inclusivity in any process, and of building meaningfully on past work and recommendations that address the root causes of conflicts and impunity.

The British delegation in the UN Human Rights Council led work on the most recent resolution on Sri Lanka. We remain ready to support Sri Lanka in addressing the UK-penned resolution 51/1. In the resolution, we focused international attention on the human rights situation and shortcomings. We succeeded in renewing the mandate of UN human rights experts to report on these issues and to preserve evidence of abuses and violations—turning specifically to the point the hon. Lady made—committed during the armed conflict, so that justice can be pursued. We call on the Government of Sri Lanka to engage constructively with all UN human rights initiatives, and to take up the offers of support available to them.

There are some positive signs. We welcome steps taken by the Sri Lankan Government to address some of the community grievances, and civil society and international community concerns. The release of some disputed lands is a helpful step, as is the release of some long-term PTA detainees. We welcome the Government’s initial steps to engage with representatives of the Tamil community on a long-sought political settlement. We have urged the Government to consider further confidence-building measures and engagement. We welcome steps taken by the Government of Sri Lanka to improve connectivity between the north and countries in the region, including through regular flights. That should help increase economic opportunities for Tamils and others in those communities.

I will conclude on this note. Britain closely monitors human rights developments in Sri Lanka. We welcome the ongoing attentions and contributions of right hon. and hon. Members, and the spotlight they bring to this issue. We are concerned by the ongoing land disputes, the continued harassment and surveillance of civil society and the limitations on freedoms of expression, assembly and association, including through recent and proposed legislation. We will continue to urge the Sri Lankan Government to adhere to their human rights obligations, fulfil their commitments on transitional justice and legislative reform, and take steps to build trust in their institutions.

Our projects and programmes in Sri Lanka will continue to target the drivers of conflict and support improvements in human rights. Ministers and officials will continue to engage with the Government and wider society on human rights and transitional justice. We will remain a leading voice on the international stage, working with civil society and through the United Nations to deliver meaningful human rights improvements for the Tamils and all the people of Sri Lanka.

[Elliot Colburn]

I thank the Minister for his response. I also thank all right hon. and hon. Members for their contributions, particularly my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), and the hon. Members for Strangford (Jim Shannon) and for Mitcham and Morden (Dame Siobhain McDonagh)—I have not yet had a chance to congratulate her on her damehood.

We cannot allow the lack of progress to continue. We will no doubt be back here again, not least because our Tamil constituents will demand that of us. As the hon. Member for Mitcham and Morden said, particularly in London we are lucky to be blessed with large Tamil populations. I represent many Tamils in my Carshalton and Wallington constituency. They are excellent community voices. They are very active in our community, and are keen UK citizens. They are active in our public services—something like one in 10 doctors is Tamil, and a Tamil was on the team of doctors who came up with the first covid vaccine at Oxford. We thank the Tamil population for their contribution to the UK, and commit ourselves to doing all we can for them to secure peace, justice and accountability.

Question put and agreed to.

Resolved,

That this House has considered human rights in Sri Lanka.