Tamil People in Sri Lanka

Lee Scott Excerpts

Wednesday 28th January 2015 Westminster Hall

[Mr Lee Scott (Ilford North) (Con)]

It is a pleasure to serve under your chairmanship, Mr Caton. May I ask everyone’s forgiveness as, perhaps to a lot of people’s delight, I am losing my voice, so I might not speak for as long as I would normally?

The timing of the debate is opportune, because the Minister of State, Foreign and Commonwealth Office, my right hon. Friend the Member for East Devon (Mr Swire), is in Sri Lanka as we speak. He arrived this morning and is staying until Friday. Perhaps some of what we discuss will be relayed to the new Sri Lankan Government.

On behalf of everyone, whatever our political party, we should offer an apology to the Tamil community of Sri Lanka for what has happened over the years. Many people, including Government and Opposition Members, said that atrocities were taking place. Sadly, however well meaning people were and however much they wanted to act, those words were not listened to, and many thousands of innocent lives were lost, which should never have happened. The House of Commons as a whole—although I can speak only for myself, not the whole House—should say sorry for that, although we cannot replace the lives that have been lost.

Following the recent elections in Sri Lanka, we have seen a change from President Rajapaksa to President Sirisena. I am concerned, however, that the new Government of Sri Lanka have stated that they will not change the policy towards the Tamil community in Sri Lanka or demilitarise the areas in which Tamil people live.

[Mr Jim Cunningham (Coventry South) (Lab)]

The hon. Gentleman makes a valid point because the new President was a member of the previous Government. We have not yet seen any indications of what the new President intends to do, or whether he intends to end harassment and torture. Will the hon. Gentleman comment about that?

[Mr Scott]

The hon. Gentleman is right. The new President was a member of the same party as his predecessor. He then changed parties and stood against the previous President, and some of the things that have happened early in his presidency are of concern. For example, General Sarath Fonseka, who is named as an alleged war criminal by the United Nations panel of experts—it is the UN saying that, not us—is now an important senior member of the new Government, so I have grave concerns that the names are changing, but the policies are staying the same.

[Dame Angela Watkinson (Hornchurch and Upminster) (Con)]

Given the composition of the new Government in Sri Lanka, what can our Minister say on his visit there to persuade them to sign up to the Rome statute establishing the International Criminal Court?

[Mr Scott]

The Minister needs to say, “Please honour what the UN, the Prime Minister of Britain on his visit to Sri Lanka, the President of America and various other Heads of State have asked for.”

There is only one way in which there can be justice. I emphasise, as I have in many previous debates, that my role is not to say who is guilty or innocent, but we need answers about those people who lost their lives and who disappeared, and someone needs to be held accountable. The only ones who can help that to happen are the Government of Sri Lanka, in co-operation with an international independent inquiry and the UN.

Another important factor is that a report is due out shortly. My hon. Friends the Members for Harlow (Robert Halfon) and for Croydon Central (Gavin Barwell) and the hon. Member for Mitcham and Morden (Siobhain McDonagh), as well as many others, have said to me that they do not want to see any delay in the report that is due before the UN in the coming weeks. It is quite possible that the new Government of Sri Lanka will ask for such a delay and, on the surface, it might appear unreasonable for people such as me and my colleagues to ask for that report not to be delayed, because a delay would give the new Government a chance to co-operate. Unless they are going to co-operate fully and abide by every single rule asked of them, however, I cannot see the point of any delay. The report should be published in Geneva on schedule.

[Mr Jim Cunningham]

I congratulate the hon. Gentleman on securing the debate. The new Government will be aware of that report anyway, so there is no need for a delay. They would have been aware of the report even before they took power.

[Mr Scott]

The hon. Gentleman is perfectly correct that the new Government would have been aware of the report.

Only a political solution that recognises the rights of the Tamil people in Sri Lanka, including that to self-determination, can address the root cause of the conflict. The Sri Lankan constitution already provides for an autonomous assembly, much as Scotland or Wales has in the United Kingdom. That assembly should be given to the Tamils. People should have power over their own destinies. I am calling not for changes to the existing constitution, but for people to honour the existing constitution.

The change in Sri Lanka’s political leadership should create a chance for the accountability process to work and help those who need justice. It should not be used as an excuse to delay that justice further and kick it into the long grass. I am fairly sure that with everything else going on in the world, the Sri Lankan Government hope that the issue will quietly go away and that people will forget about it. However, I assure the Sri Lankan Government that many Members of this House—look at the numbers present for the debate—will not forget and allow the matter to disappear. We are seeking justice for those people who no longer have a voice.

Yesterday morning, I stood in silence at the holocaust memorial, where we recognised the victims of not only Nazi persecution, but other genocides that have taken place throughout the world since the end of the second world war. I am afraid to say—it gives me no pleasure to say this—that genocide has happened. We cannot pretend that it has not happened. We are not talking about a war in which a regime tried to stop terrorism—I am the first to condemn terrorism in any shape or form by anyone—but about the women and children who disappeared, and the people who were in camps for year after year. Were they terrorists? No sane-minded person would say that they were.

The justice that is deserved and needed can be achieved only through pressure from the United Kingdom, the United States of America, Canada, France and every country—I could go on and on. Sri Lanka must heed the call of our Prime Minister and co-operate fully with the UN investigation on Sri Lanka by the Office of the High Commissioner for Human Rights. Sri Lanka must also sign the Rome statute on the International Criminal Court, to which 123 states are party, including the United Kingdom, to demonstrate its intent to be a good global citizen.

[Dr William McCrea (South Antrim) (DUP)]

I congratulate the hon. Gentleman on securing the debate. It has been reported that the new Sri Lankan Government are spending many hundreds of thousands of dollars to boost their image throughout the world. Is not the way to boost their image for them to co-operate properly with a proper investigation into what has gone on in Sri Lanka?

[Mr Scott]

I agree with the hon. Gentleman. I am not going to be an advert for the Sri Lankan Government, but we know from watching our TV sets the amount that is being spent on trying to encourage people to visit Sri Lanka and showing it as a free democratic country. If the Sri Lankan Government truly want people to visit and to show that it is a free democratic country, they should prove that by abiding by the all the rules of the United Nations.

[David Simpson (Upper Bann) (DUP)]

I am sure the hon. Gentleman agrees that Sri Lanka as a whole has made great progress commercially. There is a lot of export activity—the UK made £53 million of exports to Sri Lanka last year—so in other ways the Sri Lankan Government are making progress, but on this issue they have badly failed. We are dealing with many thousands of lives, and so, although I understand that the Prime Minister has called for co-operation, surely the onus is on us to put more pressure on the Sri Lankan Government to deal with this situation so that it does not last for a number of years, as did the situation with the holocaust, which the hon. Gentleman mentioned.

[Mr Scott]

The hon. Gentleman is absolutely correct, and that is why I ask the Minister to consider carefully the idea of vetoing future loans from the International Monetary Fund to Sri Lanka until the Sri Lankan Government co-operate. I am not for one second saying that if co-operation is given, that will change everything. I know that it has been only a few weeks, but I have not seen one sign of a change in position from that of the previous Sri Lankan Government.

[Dame Angela Watkinson]

Does my hon. Friend agree that one important thing that the Sri Lankan Government need to do is to change the constitution to allow retrospective legislation so that past atrocities can be investigated?

[Mr Scott]

My hon. Friend is absolutely right. Anyone who has committed a crime has to be seen to be brought to trial for that crime. There can be no saying, “We’ll excuse them because they’re my mates,” or, “We’ll excuse them because it suits us for this not to come out.” I am not going to pretend that I can give a political analysis of the forthcoming Sri Lankan elections, but my understanding is that a lot of the people who will be sitting around the table after them will not be too different from those sitting around it before them, under the previous Government. If that happens, justice must still be done.

Many hon. Members wish to contribute to the debate, so I will not speak for much longer, but I want to implore everyone to recognise one thing. Should we have done more when the atrocities were taking place? Without question, yes. Could we have done more? Yes, we could. We cannot change the past, or the tragedy and atrocities that happened, but we can build for the future to make sure that the women and children—the nieces and nephews of my constituents and the constituents of many hon. Members present—get the justice that they deserve. If we do not do that, we should hang our heads in shame. Let us all work together, whoever the Government of Britain are after 7 May, to make sure that the Sri Lankan Government—and, specifically, those responsible for the atrocities—do not get away with these atrocities, and that we honour the memories of those who lost their lives.

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

I congratulate the hon. Member for Ilford North (Mr Scott) on securing the debate. It is not the first time that we have debated this matter, although it is notable that there is more consensus in the room than there has been on previous occasions. We have heard from hon. Members about various minority groups in Sri Lanka, and the hon. Member for Strangford (Jim Shannon) talked about the persecution of Christians. There is also an issue with the Muslim minority community in Sri Lanka and, indeed, people from the majority community suffer such things as repression and false arrest. However, as today’s debate is about the Tamil people and the impending report, I will confine my comments to that.

As we have heard, the Minister of State, Foreign and Commonwealth Office, the right hon. Member for East Devon (Mr Swire), is in Sri Lanka. I understand that the joint chair of the all-party group on Sri Lanka, my hon. Friend the Member for Edmonton (Mr Love), was also due to go out on 27 January, although I do not know whether that is a coincidence. I hope that the Minister for Europe, when he responds to the debate, will be able to tell us a little bit more about his fellow Minister’s visit and with whom he will be meeting. I echo the comments of those who have said that it would be helpful if the Minister of State made a statement on his return from Sri Lanka, or wrote to those hon. Members who attended this debate, to tell us what has been achieved. At this time of great uncertainty, caution has rightly been expressed about what the result of the presidential elections will mean for Sri Lanka, so it would be useful to hear the Minister’s first-hand take on what he has seen there.

It is to be hoped that the presidential election marks the beginning of a new era for Sri Lanka, but we should not accept the argument that it is time to draw a line under Sri Lanka’s past and move on, as some people have suggested. There has been too much injustice, especially towards the Tamil people, for that to be appropriate. It is imperative that the UN investigation continues and reports to the UN Human Rights Council in March, and the election of a new President should not be used as a reason to delay that. Labour called for an international inquiry in 2011, so we welcomed last year’s decision of the Human Rights Council to launch an investigation.

President Rajapaksa repeatedly failed to comply with successive Human Rights Council resolutions. He also failed to deliver the necessary independent investigation, and he even failed to implement the recommendations of his own Lessons Learnt and Reconciliation Commission, weak though that was. That was why we were so concerned by the coalition’s delay in supporting UN action and the refusal to use the Prime Minister’s attendance at the Commonwealth Heads of Government meeting as leverage. We felt that the movement towards a proper, comprehensive UN inquiry were unnecessarily delayed by the Prime Minister accepting Rajapaksa’s assurances that he would investigate. We know that Rajapaksa set up a three-man inquiry, but I do not think that that will lead to particularly positive outcomes. Indeed, the new President may disband that inquiry.

There have been positive indications that President Sirisena will lead a Government who are very different from that of his predecessor, but there is ambiguity over the UN investigation and efforts to secure accountability and justice for everyone in Sri Lanka. As has been said, the new President was a member of the Rajapaksa Government and served as Defence Minister during the final stages of the civil war, and my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) expressed doubts about his commitment to action and with regard to his complicity in past acts. Reports during the election campaign indicated that he, too, rejected the UN investigation. Since then, the BBC has said:

“The new president…disowned Mr Rajapaksa but vowed not to allow him to be hauled before an international war crimes court.”

The Tamil Guardian stated this week:

“The new government, around President Maithripala Sirisena, has expressed its firm commitment to protect any Sri Lankan citizen who fought against the Liberation Tigers of Tamil Eelam from facing international justice.”

The President’s senior adviser is meeting the United Nations high commissioner for human rights this week and the Sri Lankan Foreign Minister was reported as saying that the Government would take action against perpetrators if there was evidence of war crimes. Those are positive signals, but there are mixed messages about whether the Sri Lankan Government will accept the conclusions of the UN investigation, whether they will work with international judicial mechanisms and whether members of the previous Government or the military will face justice in Sri Lanka. The Sri Lankan Foreign Minister has said of the allegations:

“Whether those are war crimes or whether such crimes amount to genocide or not will have to be decided by a domestic inquiry.”

The new Government in Sri Lanka are reportedly in the process of establishing a domestic mechanism.

At such an early stage in his presidency, we cannot dismiss the possibility that President Sirisena is genuinely committed to delivering accountability. Indeed, we hope that he recognises that a successful, meaningful domestic mechanism would demonstrate his departure from his predecessor’s approach. I reiterate that no domestic approach can halt the UN investigation, which must fulfil the mandate set out in last year’s resolution on promoting reconciliation, accountability and human rights in Sri Lanka. Regrettably, the Rajapaksa Government denied the UN investigators visas to visit Sri Lanka. In the final few weeks of the investigation, President Sirisena has the opportunity to demonstrate to the international community that he will lead a very different Government. I trust that the UK is doing everything possible to encourage his co-operation with the UN. Needless to say, it will be crucial that the Sri Lankan Government accept the final report and work with the UN on its recommendations.

We are all aware of the reports of intimidation and reprisals suffered by human rights defenders and others in Sri Lanka. What is being done to try to secure the safety of Sri Lankans who give evidence to the UN investigation or any domestic inquiry? The report by the high commissioner in September noted several concerns about Sri Lanka’s Assistance to and Protection of Victims of Crime and Witnesses Bill, which was submitted to its Parliament last August. Worryingly, the Foreign Affairs Committee has noted that the Foreign Office was not able to clarify whether the human rights defenders, journalists and others who met the Prime Minister in November 2013 had been targeted. I hope that the Minister will be able to update us on the steps that the Foreign Office took to protect those Sri Lankans and monitor their ongoing safety.

[Mr Scott]

Does the hon. Lady agree that arresting people who are giving evidence is not in any way helpful or beneficial to an investigation, and that the new Government of Sri Lanka must put an immediate stop to that? Anyone who gives evidence to such an investigation should be able to do it freely and in an unfettered manner.

[Kerry McCarthy]

I absolutely agree, and there is nothing I can add. The hon. Gentleman makes his point very powerfully. The fact that such precautions and safeguards are necessary highlights the fact that our concerns about Sri Lanka should not be confined to what happened during the civil war. This is not something under which we can draw a line. As successive Human Rights Council resolutions have documented, there were ongoing concerns about human rights, democracy and the rule of law in Sri Lanka that President Rajapaksa failed to address. Indeed, in many ways, his conduct exacerbated those issues.

The new President’s pledges during the election campaign to correct those concerns were a significant factor in his success. His commitments to end nepotism and corruption, to restore the independence of the judiciary and to repeal the 18th amendment are welcome. It is also crucial that he seeks to work with the Tamil community and to repay the faith it invested in him during the election. For Tamils it is about not just the UN investigation, but addressing the injustices that they have suffered since 2011 and the publication of the LLRC report.

As the high commissioner’s September update to the Human Rights Council noted, the Rajapaksa Government proscribed a number of Tamil diaspora groups as terrorist organisations. The new President must take positive steps to safeguard freedom of expression, to deliver justice regarding the enforced disappearances, to end the arbitrary arrests, to ensure that freedom of religion is respected and to ensure that Tamil and Muslim minorities are protected. Demilitarisation will also be key, especially in the north. As my hon. Friend the Member for Mitcham and Morden said, the President’s decision to replace the governor of the northern province with a civilian has been taken as a positive signal of intent and an indication that he is listening to the Tamil National Alliance. I hope that will continue. I also hope the Minister is able to update us today on discussions relating not only to the UN investigation, but to compliance with Human Rights Council resolution 25/1 more generally, and to agreeing the outstanding requests for visits by UN special procedures mandate holders.

As my hon. Friend the Member for Mitcham and Morden mentioned, it is notable that President Rajapaksa repeatedly refused to sign up to the Foreign Office’s preventing sexual violence initiative, despite the efforts of the Prime Minister and the previous Foreign Secretary to persuade him to do so. These are very early days, of course, but do the Government think that the new President will be any more receptive? Will the Foreign Office and the Leader of the House, who is still responsible for the PSVI, pursue that initiative with the new President as soon as possible?

Will the Minister for Europe also update us on the FCO’s work with the Home Office, following the previous Foreign Secretary’s assurances last June that he would investigate claims that failed Tamil asylum seekers who were returned to Sri Lanka by the Home Office had been subjected to torture and sexual violence? I know that this is not the Foreign Office’s direct responsibility, but I hope that he is able to assure us that the election result will not lead to automatic assumptions by the Home Office that Tamils are now safe to return to Sri Lanka.

Although the conduct of the election this month was an improvement on previous years and there seems to have been a smooth and peaceful transition of power, there were nevertheless reports of intimidation and harassment during the campaign, and reports that the new Government will investigate an alleged coup plot. It will be helpful if the Minister could provide his assessment of reports on efforts to investigate voter intimidation, and on the prospects for free and fair parliamentary elections later this year. I believe that those elections will be held in late May or June, so there is not much time to ensure that that happens.

We hope that the new President will be able to put Sri Lanka firmly on the path towards peace and democracy. He will have the full support of the international community if he chooses to do so, but he must also demonstrate a willingness to engage with international partners. We all await the UN report in March and hope that it proves instructive in finally delivering accountability and justice for everyone in Sri Lanka. I hope that the Minister is able to update us on the Government’s preparations for the 28th session of the Human Rights Council and on their plans to monitor compliance and carry the report forward. Fundamentally, the aim for this year cannot simply be the publication of the UN report. The aim must be justice, accountability and meaningful progress for not just the Tamil community, but all Sri Lankan people.