Tamils Rights: Sri Lanka

Kerry McCarthy Excerpts

Tuesday 15th September 2015 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure, as ever, to serve under your chairmanship, Mr Brady. I congratulate the hon. Member for Kingston and Surbiton (James Berry) on securing this afternoon’s debate. As he says, there has been cross-party work on the issue, and I hope that it continues. I will try to keep my remarks brief, because while it is always important to hear what the Minister has to say, I understand that he has just returned from Geneva, so he may have some particularly useful information for us.

Despite encouraging signs since the defeat of President Rajapaksa in last month’s parliamentary elections—President Sirisena naming an ethnic Tamil Leader of the Opposition and asking the new Parliament to draft reforms to promote ethnic reconciliation; the appointment of a Tamil chief justice; and some of the military administrations in the north being replaced with civilian ones—it would be wrong to suggest that it is possible to draw a line under what has happened in Sri Lanka’s recent history, which the hon. Gentleman eloquently outlined.

Some people will argue that it is time to move on, and that a new dawn is on the horizon, but that would not give justice to the Tamil community, which has endured terrible human rights abuses. That legacy must be addressed by President Sirisena with the support of the international community and with an independent international mechanism. The abuses include the many thousands of enforced disappearances. Too many families are still waiting for answers, and I hope that the Minister regularly discusses that with the Sri Lankan Government. Freedom from Torture’s “Tainted Peace” report on torture in Sri Lanka since the end of the civil war states that last year, for the third consecutive year, Sri Lanka accounted for the most cases referred to its clinical services, including cases that have happened since the election of President Sirisena. That underlines that we cannot be complacent about the direction or pace of reform in Sri Lanka.

As has been mentioned, there is also the question of what happens when we send back to Sri Lanka people who have had applications for asylum here rejected. Freedom from Torture reports that more than a third of cases reviewed for the study involved people who were detained after returning from the UK. The previous Foreign Secretary, William Hague, undertook last year to investigate reports that Tamil asylum seekers deported by the Home Office had been subjected to sexual violence on their return to Sri Lanka. Like previous speakers, I ask the Minister to update us on the outcome of those investigations, and on the conversations he is having with the Home Office.

Previously, the Foreign and Commonwealth Office was unable to tell the Select Committee on Foreign Affairs whether the human rights defenders, journalists and others who met the Prime Minister during the 2013 Commonwealth Heads of Government meeting had been subjected to any intimidation or harassment as a result. A report by the International Truth and Justice Project Sri Lanka has alleged that Tamils organising demonstrations for the Prime Minister’s CHOGM visit were threatened by the security and intelligence services, and that some were subsequently tortured. I hope that the Minister agrees that we have a special responsibility to look into the situation and the safety of those human rights defenders who met our Prime Minister, and that he can update us on that.

As we have heard, the United Nations Human Rights Council inquiry’s report and the recommendations of the United Nations High Commissioner for Human Rights will be published tomorrow. The high commissioner has already warned that the

“findings are of the most serious nature”

and rightly concluded that the UNHRC

“owes it to Sri Lankans—and to its own credibility—to ensure an accountability process that produces results, decisively moves beyond the failures of the past, and brings the deep institutional changes needed to guarantee non-recurrence”.

President Rajapaksa notoriously refused to co-operate with the inquiry. The Sri Lankan Foreign Minister’s address to the UNHRC this week recognised the need for change and accountability, and committed to repealing the Prevention of Terrorism Act. Sri Lanka intends to establish a commission for truth, justice, reconciliation and non-recurrence, in consultation with South Africa. I hope that the Minister can update us on his discussions on that with his Sri Lankan counterparts, and on how the Sri Lankan Government can guarantee that the commission is credible, effective and unquestionably independent. We had a long wait for the for the Lessons Learnt and Reconciliation Commission’s report, which, as everyone will agree, did not resolve any issues. We need an inquiry that commands the confidence of the Tamil community, which has been let down so much in the past. It remains imperative that Sri Lanka work with the UN to deliver accountability and justice, and to secure Sri Lanka on the path to peace and reconciliation.

I look forward to hearing what the Minister has to say. I think that we are all united in urging the Sri Lankan Government to engage constructively with the high commissioner’s recommendations. I hope that the UK can play a constructive role in ensuring that they do so.