Tamils Rights: Sri Lanka

James Berry Excerpts

Tuesday 15th September 2015 Westminster Hall

[James Berry (Kingston and Surbiton) (Con)]

I beg to move,

That this House has considered Tamil people’s rights in Sri Lanka.

It is a pleasure to serve under your chairmanship, Mr Brady. I am particularly grateful that we have the opportunity to debate human rights in Sri Lanka in the same week that the UN Human Rights Council begins considering the same subject in its 30th session in Geneva. In the closing stages of the Sri Lankan civil war, 400,000 Tamil civilians were on the run as Government forces advanced and overrun the Liberation Tigers of Tamil Eelam: the LTTE, or Tamil Tiger forces.

On 21 January 2009, the Sri Lankan Government announced the creation of a so-called no-fire zone: an area of 35 square kilometres where the fleeing civilians could take refuge. Many civilians fled to the no-fire zone expecting safety. Instead, that no-fire zone was heavily and systematically shelled by the Government. It is beyond sensible dispute that thousands of civilians were killed in that no-fire zone.

The UN was also operating in the no-fire zone. UN field workers ran a food distribution hub there. When an area nearby came under shelling from heavy ordnance, the UN field workers provided their GPS co-ordinates to the Government to ensure that ordnance was redirected. Three to four hours later, they came under a barrage of heavy mortar attack at those co-ordinates. There is clear evidence for this. The evidence is not from the Tamil Tigers, nor even from Tamil civilians, but from United Nations field workers. They themselves were there in the no-fire zone.

By early February 2009, the Government had overrun the first no-fire zone and created a second one on a beach in the east of the island. This no-fire zone was also heavily and systematically shelled by Government forces. In the second no-fire zone, which contained hundreds of thousands of Tamil civilians living in makeshift tents, there were just six doctors. Those doctors were working in the most horrific, dangerous and squalid conditions, yet they were denied basic supplies such as antibiotics and blood by the Government. It is estimated that the locations in which the doctors operated from, which included an abandoned school, were shelled some 65 times. Indeed, the attacks were so consistent that the doctors asked the International Committee of the Red Cross not to provide their GPS co-ordinates to the Government: something that is standard practice to avoid medical facilities being bombed in times of war. I have heard direct evidence about this from one of the doctors who was working bravely in that makeshift medical centre.

I should add that the Sri Lankan Government forces by no means had the monopoly on human rights abuses at the end of the war in Sri Lanka. Tamil civilians were also subjected to a variety of horrors at the hands of the LTTE, including being used as human shields. However, it is important that the two are not conflated. The all-party group for Tamils, which I chair and of which various Members from different parties are here today, is concerned with Tamil civilians in Sri Lanka and in the non-resident community, which includes many of our constituents, many of whom suffered terribly. We have no truck with the LTTE, which is a terrorist organisation that I condemn absolutely. Equally, we have no truck with those who label the people who stand up for Tamil rights in Sri Lanka as LTTE sympathisers.

With that caveat, I should add that there is compelling evidence that the laws of war and international human rights laws were breached with respect to LTTE—or suspected LTTE—captives after their surrender. There is evidence that LTTE members holding white flags of surrender were none the less shot by Government forces. There is clear evidence that female Tamil captives were sexually abused before being shot, and there is clear evidence in the form of sickening video footage of Government soldiers shooting Tamils—presumably LTTE fighters—in the head while they were on their knees, blindfolded, with their hands tied behind their backs. The comparison with the gruesome footage of executions released by the barbaric Daesh in Syria is obvious.

The UN has estimated that in the closing stages of the civil war between January and May 2009, some 40,000 civilians died. Most of those were Tamil. Although that period was not the beginning nor the end of the human rights abuses suffered by people from all sides of the conflict in Sri Lanka, it is justice for the human rights abuses in that period that we are primarily concerned with today.

In response to the Sri Lankan Government’s abject failure to secure accountability for the deaths, on 22 June 2010, UN Secretary-General Ban Ki-moon appointed a UN panel of experts to consider alleged violations of international humanitarian and human rights law during the final stages of the armed conflict in Sri Lanka. The panel reported on 31 March 2011. In its excoriating report, which I will quote from briefly, it lay blame on both sides. Its executive summary stated:

“The Panel’s determination of credible allegations reveals a very different version of the final stages of the war than that maintained to this day by the Government...The Government says it pursued a ‘humanitarian rescue operation’ with...‘zero civilian casualties.’ In stark contrast, the Panel found credible allegations, which if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law was committed both by the Government of Sri Lanka and the LTTE, some of which would amount to war crimes and crimes against humanity. Indeed, the conduct of the war represented a grave assault on the entire regime of international law designed to protect individual dignity during both war and peace."

Instead of engaging with the UN report in a meaningful or sensible way, the Sri Lankan Government arrogantly rejected it, describing it as “fundamentally flawed” and “patently biased”. Sri Lanka did nothing to address the alleged human rights abuses at the end of the war. Not a single prosecution was instigated. It is reasonable to surmise that the Sri Lankan Government hoped that the international community would turn the other way.

But the United Kingdom did not look the other way. In November 2013, the Commonwealth Heads of Government meeting convened in Sri Lanka. Some of the heads of state who were invited, such as Canada’s Prime Minister, Stephen Harper, chose to boycott the meeting in protest at the Sri Lankan Government’s record on human rights. Our Prime Minister, who was urged not to attend, did attend to encourage progress on human rights. Away from the Government’s stage-managed photo opportunities, our Prime Minister bravely used the opportunity to visit the north and to hear at first hand the harrowing accounts from Tamil civilians.

Plainly moved by those accounts, and Sri Lanka’s ongoing and abject failure to investigate human rights abuses, the Prime Minister used the March 2014 session of the UN Human Rights Council to call for a full and independent investigation into human rights abuses in Sri Lanka. I am proud that Britain led the calls for an independent investigation. I am proud that David Cameron and his allies at the UNHRC delivered a resolution requiring an independent investigation. It should not be forgotten that this was not an easy sell on the council. In fact, of the 47 members, only 23 countries voted positively for the resolution; 12 abstained and 12 voted against.

Welcoming the resolution, our Prime Minister said:

“This is a victory for the people of Sri Lanka who need to know the truth about what happened during those terrible years of the civil war so that they can move forward. Today’s outcome has been triggered by the failure of the Sri Lankan government to stand by its promises to credibly and independently investigate alleged violations on both sides during the war."

On Monday, the UNHRC met for its 30th session in Geneva. At the end of the session on 30 September, the council will consider the UN’s report, which is expected to be published tomorrow, and what the next steps should be with respect to Sri Lanka. I believe my right hon. Friend the Minister returned from Geneva yesterday. In this debate, I would like to ask the Government to consider two things: first, the grave doubts of many Tamil people about the fairness of any domestic justice mechanism, and secondly, whether the UN Human Rights Council can be used as an opportunity for pressure to be put on the Sri Lankan Government to take action in a wider respect in the north and the east.

As for the accountability mechanism, the Sri Lankan Government have in the past and continue to this day to reject absolutely an international mechanism for determining human rights abuses of the form that we saw in Yugoslavia, Rwanda and Cambodia post-conflict. When there are serious allegations on both sides of a conflict of an international human rights nature, the Government’s reasons for rejecting an international mechanism should be scrutinised most closely.

To be clear, many Tamils reject a domestic mechanism. That is the point of view of the Tamil National Alliance, which has just won 16 parliamentary seats in the August elections; it is the view of the Chief Minister of the Northern Province, which is predominantly Tamil; and it is the view of the British Tamils Forum and of the Global Tamil Forum, which the BTF is part of. Put simply, they do not see any difference between the conditions in 2014, which led to the UNHRC’s resolution for an international investigation over a domestic one, and those that exist today.

There are three principal objections to a domestic tribunal. First, how can the victims of alleged horrendous human rights abuses have any confidence in the fairness or the impartiality of a tribunal convened by a Government comprised of a number of the people accused of those very abuses?

The easy answer to that question would be that in January 2015 a new President— President Sirisena—was elected, which heralds a new era. But as human rights groups have pointed out, President Sirisena is the same man who was the acting Defence Minister in the final days of the civil war, when most civilian casualties occurred. And many people in top-ranking Government, military and other state positions remain the same. General Fonseka, the Commander of Armed Forces at the end of the civil war, was recently promoted to the rank of field marshal. Major General Jagath Dias, commander of the 57th division, whose units stand accused of committing some of the worst human rights abuses at the end of the civil war, was promoted to Army Chief of Staff just this May.

[Stephen Pound (Ealing North) (Lab)]

I congratulate the hon. Gentleman on securing this most timely and extremely relevant debate. Bearing in mind the rather unfortunate history of other countries intervening in Sri Lanka, be they Scandinavian countries or India, who does he suggest should be the agency behind the independent commission to examine what is undoubtedly a series of incidents that could be described by any impartial person as war crimes?

[James Berry]

I thank the hon. Gentleman for that intervention. The form of the mechanism will obviously be debated at the UNHRC and in my view it will be led by the United Nations, and will be under their guidance.

[Stephen Pound]

Under the United Nations?

[James Berry]

Yes.

For the reasons I just mentioned, it is small wonder that many Tamil people have little faith in the Government to convene a fair and impartial justice mechanism.

The second objection to a domestic inquiry is that Sri Lanka is not a signatory to the Rome statute; its domestic laws do not cover a number of the international laws that were breached by both sides, credible evidence of which is found in the 2011 UN report. So, as a bare minimum for a domestic mechanism, Sri Lanka’s domestic laws must cover each and every law that was breached; again, the UN has found credible evidence for those breaches in its new report, which is due to be issued tomorrow.

The third objection to a domestic inquiry is the lack of confidence of witnesses to come forward. A number of the witnesses who the UN spoke to, both when it prepared its new report and when it prepared its report in 2011, only spoke to it on condition of strict anonymity. Many Tamil victims of and witnesses to human rights abuses have fled the country and been granted asylum in countries such as the UK and Canada because of the fate they suffered in Sri Lanka. They would fear returning to Sri Lanka to participate in a tribunal where the prosecutors and indeed the witness protection, if there was any, were to be provided by the Sri Lankan Government.

Moreover, international human rights groups and charities have recently published reports detailing worrying ongoing human rights abuses in Sri Lanka. A number of these groups and charities exist in the UK. Freedom from Torture, a British charity, produced a report in August that cited evidence of human rights abuses since the ceasefire. So, between May 2009 and this year, there is evidence that the Sri Lankan military, police and intelligence services have practised torture, including rape and extensive burning. So, what confidence can witnesses have in coming forward in a perceived climate of fear, especially when it is believed that witnesses who have come forward previously have suffered as a result?

I recognise that there appears to be little appetite among the UNHRC members at its current summit for a fully independent justice mechanism. That is obviously disappointing, but perhaps it is unsurprising given how tight the vote was back in 2014 for an independent investigation. If it really is the case that there is no international appetite for an independent inquiry, it is probably right that there is little to be gained by Britain going out on a limb. Nevertheless, I ask the Minister to do what he can to ensure that the justice mechanism is a robust one, preferably with UN involvement both in the prosecution and the judicial tribunal.

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

Does my hon. Friend agree that Britain can add a lot of value to this process, even if it is at arm’s length, because of our experience in Northern Ireland, which is a similar conflict between two sides that hold different views but whose views must be equally and fairly taken on board in any resolution ahead? Such a process should come from within a political process, as has been the case in the past in Northern Ireland and as seems to be happening in Sri Lanka, in terms of a unity Government.

[James Berry]

I thank my hon. Friend for that intervention. During a number of years, there have been repeated failures by the Sri Lankan Government to put in place a credible process. That is why it is important that, whatever comes out of the current UNHRC session, robust procedures are put in place, so that whatever system is arrived at, the UN strictly monitors it and can return to the UNHRC if the stages, expectations and benchmarks are not met. Simply leaving matters to the Sri Lankan Government after this long history of, frankly, their taking no action whatsoever is not an acceptable way forward.

[Andrew Stephenson (Pendle) (Con)]

I commend my hon. Friend on securing this very important and timely debate. I share his support for an international process, but does he share my view that, in addition to what the Government can do, we in the British Parliament have a role to play by working with our Sri Lankan counterparts from all political parties, to ensure that they themselves can play an active part in any reconciliation process? Also, will he join me in commending the work of the Commonwealth Parliamentary Association and of the Westminster Foundation for Democracy, which are trying to establish active schemes in Sri Lanka at this time?

[James Berry]

I thank my hon. Friend for that intervention and I certainly commend the work that has been done by British parliamentarians to help to support parliamentarians in Sri Lanka; long may that work continue.

Sri Lanka’s track record on accountability is summed up by the fact that not a single prosecution has yet taken place, which I consider an absolute disgrace. Given that, it is my firm submission that whatever mechanism is put in place, it should be very much under the supervision of the UN, so that if the safeguards that the UN puts in place are not met, the matter will come back before the UNHRC.

I turn to the wider issues in the north and east of Sri Lanka. Even if there is not to be an international judicial mechanism, there is much else that Britain can achieve, by leading the international community in ensuring that the Sri Lankan Government deliver. I will focus briefly on four points.

First, there should be demilitarisation of the north and east, which are effectively still under military lockdown. Secondly, there must be swift progress on the disappeared. Many thousands of Tamils remain unaccounted for, including the relatives of a number of my own constituents. Indeed, there are still more people unaccounted for in Sri Lanka than in any other country in the world outside Iraq. Thirdly, there must be swift progress with the resettlement of the tens of thousands, if not hundreds of thousands, of Tamil civilians who were displaced by the civil war, many of whom had their lands, and therefore their livelihoods, seized by the military. Fourthly, there must be reconstruction of the north and east.

There are many steps that the Sri Lankan Government could take to improve reconstruction in the north and the east. These include freeing up the way for inward investment directly into the region, rather than processing it through Colombo, which is something the non-resident Tamil community in the UK is keen to do. My own constituency sits in the borough of Kingston, as does that of my hon. Friend the Member for Richmond Park (Zac Goldsmith), and the borough is looking to twin with the city of Jaffna, in order to promote economic, cultural and social advancement, and to assist in that regard.

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

I commend the hon. Gentleman on his speech and I very much share his view that there should be an independent UN investigation. He said that he thought there were four specific things that the British Government could do. May I suggest to him that there is a fifth? It is that the British Government, perhaps through some of their funding from the Foreign Office to human rights organisations, could continue to shine a light on the human rights abuses that are still ongoing in the north and east of Sri Lanka. And in that regard, I draw his attention to a report by the Colin Powell School for Civic and Global Leadership in the US on the situation that Tamil women face. There continues to be a huge problem in terms of sexual harassment and, as the hon. Gentleman alluded to, rape, as much now as there has been in the past.

[James Berry]

I mentioned just one of the recent reports—the one from Freedom from Torture—but a number of them show ongoing and serious human rights violations that must be dealt with at the Human Rights Council. A credible system must be in place for investigating this issue. It cannot simply be swept under the carpet because we are considering something that happened at the beginning of 2009. I thank the hon. Gentleman for his intervention.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

On that point, the evidence given to the Freedom from Torture report and to the UNHRC—the hon. Gentleman has referred to it—showed 148 post-conflict incidents of torture. A third were from voluntary returners from the UK to Sri Lanka. Worryingly, in 11 of those cases, the Sri Lankan army and police had surveillance information available on their involvement in politics in the UK. Eight of those cases were since January, with one as late as June. The idea that the problem is historical is clearly not the case. I suggest that Home Office policy on asylum for Tamils should take that on board.

[James Berry]

The hon. Lady is noted for her work in this area. I have read the report, and it is worrying. What is most worrying about it is that human rights abuses are continuing, with two as recent as June. The problem has not been solved by the change in presidency in January. I urge the Minister to ensure that that is considered at the Human Rights Council as well.

[Zac Goldsmith (Richmond Park) (Con)]

My hon. Friend is being very generous, and he is giving a splendid and powerful speech. He has laid out the arguments extraordinarily well. He has mentioned the progress being made by our borough, the Royal Borough of Kingston upon Thames, and Jaffna district, which are in the process of organising twinning. In addition to the obvious benefits of commercial co-operation around governance and so on, does he believe that twinning will also provide another layer of protection for the people who live in and residents of Jaffna district, on the basis that it will be more eyes, more scrutiny and more transparency? Is peace part of the value in the twinning process in his view?

[James Berry]

Peace is certainly part of the value in the twinning process that we are planning in Kingston. Whether my hon. Friend is in place in Richmond Park in north Kingston or in the wider London area, I am sure that the scrutiny he will bring to bear on the issue will be of great benefit to those involved in the twinning process.

Other examples of economic progress that could be made to improve the situation in the north and east include: repairing infrastructure damaged by the years of war, including opening Jaffna airport to international flights, and giving the go-ahead to India’s proposal for a bridge over the short gap between India and the island of Sri Lanka, which would boost trade between the two countries.

President Sirisena has spoken warm words on some of these topics, and I do not dispute that some progress has been made, but progress since his election in January has not been quick enough, and some measurable benchmarks need to be put in place. Warm words are not enough.

In conclusion, the international community failed to act in 2009 when 40,000 Sri Lankan citizens, mainly Tamil, were slaughtered. Now is not the time for the world to look away again simply because there are other crises, such as that in Syria, and because the new President of Sri Lanka is making more positive noises about reconciliation.

[Joan Ryan (Enfield North) (Lab)]

The hon. Gentleman is right that the international community substantially looked the other way, but we were also proud that our Prime Minister, Gordon Brown, was the first Prime Minister to go to the Dispatch Box and call for a ceasefire, and that our Foreign Secretary at the time, David Miliband, visited Sri Lanka. That was a dangerous situation to walk into. Although we did not get a ceasefire from that, it did bear witness and let the world know about the slaughter that was happening.

[James Berry]

I certainly was not trying to make a party political point. My experience of our APG so far is that this is one issue on which our two parties are ad idem, and long may that continue.

The Tamil people in Sri Lanka want reconciliation, but reconciliation cannot take place without proper accountability. I close with a quote from the Prime Minister at the time of the 2014 UNHRC session. He said:

“Ultimately all of this is about reconciliation…It is about bringing justice and closure and healing to this country which now has a chance of a much brighter future. That will only happen by dealing with these issues and not ignoring them.”

I call on our Government once again to lead the world in seeking proper accountability for human rights abuses in Sri Lanka.

[Mr Graham Brady (in the Chair)]

Time is quite short, so I propose moving on to the wind-ups from the three Front-Benchers at 5.10 pm. While there is no formal time limit, in order to try to accommodate the other Members who wish to speak, I suggest they try to keep their comments to closer to three minutes than four, if possible.