Sri Lankan Tamils and Human Rights

Elliot Colburn Excerpts

Tuesday 5th December 2023 Westminster Hall

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

I congratulate the hon. Member for Linlithgow and East Falkirk (Martyn Day) on securing this debate. It is great to see so many members of the all-party parliamentary group for Tamils, which I am proud to chair, participating in today’s debate. I also received the Sri Lankan ambassador’s briefing in advance of the debate, along with an invitation to meet. Given that his predecessor frequently referred to me and members of the APPG as “white tigers”, I think I will be washing my hair that day.

The case has already been compellingly put by colleagues. To reiterate some of the harrowing facts: in 2009, for example, tens of thousands of Tamils perished in the Mullivaikkal genocide, with many still unaccounted for. The Sri Lankan Government’s continued denial of war crimes, crimes against humanity and genocide necessitates international intervention. We have already heard from other Members about militarisation, arbitrary arrests under the Prevention of Terrorism Act, rising anti-Tamil nationalism and the absence of long-term solutions.

Even in the years preceding 2009, all the promises made by the Sri Lankan Government under human rights resolutions failed to come to anything. Militarisation is an area where the UK could go further. Militarisation remains pervasive, with 16 out of the 20 military divisions on the island in the north and east, otherwise known as Tamil areas. Demilitarisation is crucial to securing and fostering a sustainable and lasting peace. The referral to the International Monetary Fund for a bail-out after Sri Lanka’s economy crashed could not be linked to human rights, but it could put conditions on Government spending. One thing we should push for in the IMF bail-out is a reduction in military spending. That must be a condition of that money.

There have also been calls for a consistent, long-term solution. I would like to ask the Minister for an update on the mechanism that was secured at the last UN Human Rights Council: resolution 30/1, which for the first time allowed the international community to collect new information. I know that the UK pushed hard for that resolution, and I welcome the FCDO’s efforts in securing it, although it is up next year, as we have heard. Will the Minister provide an update on what further action he anticipates that the UK can take when we have had the opportunity to review that new information?

[Paul Scully (Sutton and Cheam) (Con)]

A number of councillors—Councillor Param Nandha and Councillor Jay Ganesh—and Nick Rogers of the London Assembly have pushed local authorities to celebrate Tamil Heritage Month next month. This will allow children to celebrate speaking Tamil, the oldest language still in use—there will be Tamil songs, dances, poetry and so on—but part of their heritage is this awful chapter. My hon. Friend talked about these resolutions, as did the hon. Member for Linlithgow and East Falkirk (Martyn Day), who opened the debate. Does my hon. Friend agree that rather than waiting for a third resolution, the first of which was backed by Sri Lanka, we can actually take some action, rather than having to keep renewing and taking no action?

[Elliot Colburn]

I am very grateful to my hon. Friend, my predecessor as chair of the all-party group, for that intervention. He is absolutely right.

The last action that the Government must urgently consider is sanctions, especially against those credibly accused of war crimes, particularly General Silva, but many others as well. It has been said already that we are lagging behind the US and Canada, which have already implemented such sanctions. It is time the UK followed suit and imposed them without any further delay.

As we approach the 15th anniversary of the end of the war, I hope that the Minister can give us some reassurances that the UK will continue to stand in solidarity with the Tamil community in demanding justice and accountability. The diplomatic efforts and the internal efforts in Sri Lanka have not brought about meaningful change or any lasting peace. The Tamil community’s quest for justice and peace must not be deterred. It is time for us to follow the international community, impose sanctions and continue to lead the way in standing up for the rights of Tamil people.

[Ed Davey (Kingston and Surbiton) (LD)]

I, too, thank the hon. Member for Linlithgow and East Falkirk (Martyn Day) for securing this debate and join other hon. Members in raising the plight of the Tamil people over many, many years.

Like others, I have been involved in these debates in the House all too frequently. I have tracked this issue in some detail over the last 26 years, as my constituents in Kingston and Surbiton who are British Tamils, and indeed others around south-west London, have come to me with their concerns about what is happening to their families and communities. It has been a very painful episode and, frankly, the situation is now worse than I can ever remember.

The economic crisis in Sri Lanka, with the corruption of the Government there, has just made things even worse for the Sinhalese, Tamil and Muslim communities on the island. However, the Tamil people, particularly in the north-east of Sri Lanka, are suffering under the militarisation from land grabs and from arbitrary detentions and arrests. There have been a whole series of injustices and human rights abuses, which this House is right to focus on.

[Elliot Colburn]

The right hon. Gentleman makes an important point that we need to highlight. It is not just the Tamil community but many minority groups on the island who face human rights abuses. He mentioned the Muslim community. During the pandemic, they were subject to forced cremations in Sri Lanka. I just wanted to make it clear to the Government, through this intervention, that it is not just the Tamil community but many minority groups that are suffering as a result of the regime in Sri Lanka.

[Ed Davey]

That is right, and that point exposes the regime and all its frankly undemocratic and outrageous behaviour.

I join other colleagues in saying that the UK Government can do more than they have done so far. They can follow the US and Canada in sanctioning individuals. People have quite rightly mentioned General Silva, but there is also General Jayasuriya and others who were involved in the last few months of the war in 2009 and quite clearly committed war crimes.

Beyond that, I would like the Government to use the IMF process to try to exert some leverage, as others have said, or the work of the UN Human Rights Council. We could also use trade deals. When I was Minister of State for Trade Policy, I urged the European Union, because we were then in the EU, not to give back what were called GSP+ or “generalised scheme of preferences plus” concessions. We won that argument in the trade council in Brussels and those concessions were not given back to Sri Lanka. Regrettably, they were given back in 2016 and now, after Brexit, Sri Lanka benefits from trade and tariff concessions given by this Government. I do not see why it should do so. We ought to demand the repeal of the Prevention of Terrorism Act in Sri Lanka, security sector reforms and proper accountability before the Colombo Government receive such benefits.

One issue that I want to raise in this debate, which is not discussed enough in the context of Sri Lanka, is the role of China. The geopolitics of Sri Lanka needs to be looked at, and that includes the growing role of China and of course the influence of India. The UK, the European Union, north America and elsewhere have been remiss in engaging in the debate about Sri Lanka from that geopolitical stance and we see what has happened because of the vacuum that has been left.

We have seen China invest over almost the last two decades in Hambantota port in the south of the island. Yes, that has trade advantages for China, and many other countries use that port, but it is no doubt a significant strategic investment by China, not just for trade purposes but potentially for military purposes, given the significance of the port in controlling the sea lanes and shipping routes to the south.

China has a 99-year lease on the port and is indebted to the Sri Lankan Government, in what is sometimes called “debt-trap diplomacy”. Through the debt, China influences the Sri Lankan economy and politics. It is using that influence more and more, for instance through the second big port development, which is actually bigger than a port; it is a city. Called Port City Colombo, it is located on hundreds of acres of land reclaimed from the sea in Colombo. Again, China is taking a long-term lease on that, and what is essentially a Chinese Government-owned company is developing it.

One surely should be asking about the ability of the UK, the EU, North America and our Indian allies to respond to that. It is quite a serious geopolitical development. The human rights of the Tamil people, who are the subject of this debate, are disregarded by the Chinese, who are interfering in Sri Lankan politics. If we are going to support those Tamil people and all the people on the island of Sri Lanka, we must ask some tough questions about how we respond to the hard and soft power being exercised by the Chinese Government.

We have been too naive for far too long. If we are serious about wanting to influence what is happening on the island of Sri Lanka, we need to get serious about our diplomacy in Delhi and Beijing. In his reply, will the Minister say a little about the Government’s thinking in that area? Is he prepared to meet cross-party MPs— I urge the Foreign Secretary to do the same—to discuss the matter, some of which I realise may be sensitive?

In my intervention on the hon. Member for Linlithgow and East Falkirk, I mentioned the Foreign Secretary’s activities prior to his appointment. I am sure he acted with integrity, but the Minister must realise that people outside this place, listening in—the British Tamil community, the diaspora and Tamils in Sri Lanka—want to know what the British Foreign Secretary is going to think, say and do about the situation in Sri Lanka, whether with respect to India, China or the Colombo Government. In January, the Foreign Secretary visited Port City Colombo, trying to get investment and supporting the Chinese investment there. It is therefore a legitimate question for this House to ask.

I am sure there are answers, and I am sure we can be transparent about those. However, if we are to play a role as the UK, and if this Parliament is to play its role in influencing the Government, we need to understand that, given China’s centrality to the future of Sri Lanka and, I would argue, to improving justice and human rights for the Tamil people.

--- Later in debate ---

[Leo Docherty]

I am grateful to the right hon. Gentleman for his question. He knows that it would not be appropriate for me to comment on sanctions from the Front Bench—no Minister would do that—but we note the strength of feeling expressed by colleagues this afternoon.

We are concerned about the ongoing land disputes, the continued harassment and surveillance of civil society, and limitations on freedom of expression, assembly and association. We will continue to urge the Sri Lankan Government to adhere to their human rights obligations and fulfil their commitments on transitional justice and legislative reform, and to take steps to build trust in their institutions.

[Elliot Colburn]

I understand the Minister’s point about not commenting on sanctions from the Front Bench, but could I urge him once again to communicate the strength of feeling in this debate back to the FCDO? We have been asking for this for many years now.

On the point about the ICC, it is independent, but private individuals are taking forward independent referrals to the ICC against certain members of Sri Lankan military society. Although the UK Government are not engaged in that process, will the Minister review whether the FCDO could, at the UN, encourage the information being collected as part of the recent human rights resolution to be passed on to those who are trying to bring forward that prosecution?

[Leo Docherty]

I know that the Minister of State for the Indo-Pacific will hear that plea in due course and give it her consideration.

I will wrap up, because I want to leave two minutes for the conclusion. The UK Government will remain leaders on the international stage, working with civil society and the UN to deliver meaningful human rights improvements for Tamils and all Sri Lankans. In response to the question posed by the hon. Member for Hornsey and Wood Green (Catherine West) and the right hon. Member for Kingston and Surbiton (Ed Davey) on the role of the Foreign Secretary, let us be very clear that as Prime Minister, Lord Cameron led the way in ensuring that the UK spearheaded international efforts to seek improved human rights justice and accountability for sanctions. No one should doubt that our China policy is very clear-sighted, and any mature consideration of the facts will lead one to believe that the Foreign Secretary brings tremendous experience, credibility and integrity to his role.