Sri Lankan Tamils and Human Rights

Leo Docherty Excerpts

Tuesday 5th December 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Leo Docherty)]

It is a pleasure to be here. I am grateful to the hon. Member for Linlithgow and East Falkirk (Martyn Day) for securing this important debate. My right hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan), who is the Minister of State responsible for the Indo-Pacific region, would have answered this debate, but she is on a plane to Australia; it is therefore my pleasure to be here in her place. I am grateful for all the powerful and moving contributions from right hon. and hon. Members. I will try to cover the points that they made and set out the Government’s position.

The UK Government pay close attention to the human rights situation in Sri Lanka, especially for the many Tamils. The perils of that situation have been movingly and powerfully described by all Members. I particularly note the interest of the of the all-party parliamentary group on Sri Lanka, including the chair and other members, and I am grateful for their contributions. Sri Lanka is one of 32 FCDO human rights priority countries, in recognition of our ongoing human rights concerns in a number of areas, including the rights of people from minority groups.

Hon. Members will know that the continuing marginalisation and oppression of Tamil communities follows many years of racial and religious tensions in the country, which culminated in the civil war; that was described in very clear terms this afternoon. It is important to recognise that a number of different communities, including Tamils, who predominantly reside in the north and east of the country, continue to face marginalisation by state authorities. There have been increasing numbers of land seizures and disputes that have sometimes centred around religious sites, such as the Ayyanar Hindu temple in Mullaitivu. That clearly has troubling implications for freedom of religion or belief. More recently, we are clear that there has been state-sponsored settlement of traditional pasture land in Batticaloa, which threats the livelihoods of local farmers.

There have been several incidents of heavy-handed policing of peaceful protests and commemorations, and there is ongoing surveillance and intimidation by state security forces in the north and east of the country. That particularly focuses on civil society activists and Tamil communities affected by the war, including former combatants and the families of the disappeared. Those events have heightened communal tensions and continue to stoke perceptions of forced displacement from traditionally Tamil areas.

A running theme of the debate has been the Prevention of Terrorism Act, which was described in stark terms by a number of hon. Members. The UK Government remain concerned about the ongoing use of the Act, despite the Sri Lankan Government’s long-standing commitment to replace it with a version that meets their international obligations. It continues to be used—indeed, it was used as recently as last week. We continue to call on the Government of Sri Lanka to deliver on their promises and live up to their international obligations, and we acknowledge the concerns laid out this afternoon with regard to the PTA legislation.

For this Government, promoting human rights, reconciliation, justice and accountability is a key strand of our policy towards Sri Lanka. My right hon. Friend the Minister of State for the Indo-Pacific visited Sri Lanka in October, when she met the President, Foreign Minister and Justice Minister. She also met the Governor of the Northern province, as well as Tamil representatives and civil society activists in Colombo and Jaffna. She visited community projects, including a de-mining project run by the HALO Trust and paid for by British assistance.

[Jim Shannon]

This is a side issue, but the Minister mentioned everything the Government are doing. May I gently suggest that human rights and the persecution of Christians and so on form an integral part of any discussions on economic ties—whether that is banking, more business or whatever it might be—and that those economic ties are conditional on those issues?

[Leo Docherty]

The hon. Gentleman makes a good point, and the role of the trade envoy was mentioned this afternoon. We are clear that human rights and trade discussions go alongside each other; they are not mutually exclusive, and that is a perfectly reasonable suggestion.

On her visit, my right hon. Friend raised with the Sri Lankan Government the need for progress on human rights for all communities in Sri Lanka, and for justice and accountability for violations and abuses committed during and following the armed conflict. As has been mentioned, we recognise that other communities in Sri Lanka, including Muslims as well as Tamils, face discrimination, harassment and a lack of justice.

In addition to our face-to-face diplomacy, the UK 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 that work to improve human rights, justice and accountability in Sri Lanka, and we will continue to be in that core group.

We have worked in the UN human rights system to raise concerns and build international support to strengthen human rights, and we used our statement to the UN Human Rights Council in September to highlight the vital need to respect freedom of religion or belief and freedoms of expression and association in Sri Lanka. We also pressed for progress on justice, accountability and reconciliation. The UK delegation led work on the most recent UN Human Rights Council resolution on Sri Lanka, which the chair of the APPG asked about, and we will continue to use that as a tool to argue for progress.

[Jeremy Corbyn]

I want to get an assurance from the Minister that the British Government’s relationship with Sri Lanka will ensure that there is always unfettered access for UN human rights monitors and inspectors in Sri Lanka, because there has been, at times, more than reticence—indeed, obstruction—towards their inspection and it is obviously necessary to get an independent view of the situation.

--- Later in debate ---

[Leo Docherty]

The right hon. Gentleman makes a good point. We argue for unfettered access for these inspectors and will continue to do so. In the resolution asked about by the chair of the APPG—my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn), whom I commend for his tremendous activity in that office—we focused international attention on the human rights shortcomings. We also succeeded in renewing the mandate of UN human rights experts to report on these issues and to preserve evidence of abuses and violations committed during the armed conflict, so that justice can be pursued. We will continue to use that resolution as a lever to argue for positive change. I am grateful for my hon. Friend’s question.

I will now talk about some of the small positive steps, because when working with countries to strengthen their human rights adherence, it is important to acknowledge any progress that has been achieved. In that spirit, we welcome steps taken by the Sri Lankan Government to address some Tamil grievances. Those steps include the release of some disputed lands and the release of long-term detainees. We welcome the Government’s engagement with Tamil representatives on a long-sought political settlement, and we have urged the Government to consider further confidence-building measures and engagement.

We welcome steps taken by the Government to improve connectivity between the north and countries in the region, including through regular flights. That should help to increase economic opportunities for the north and others in that region. We also welcome the Government’s commitment to a truth and reconciliation commission, and we encourage them strongly to consult widely and come forward with detailed proposals.

[Siobhain McDonagh]

I am sure that the Minister genuinely believes the speech that he is making, but the Foreign Office has for the last 13 years been beseeching the Sri Lankan Government for an independent truth and reconciliation process. To date, that has not happened. At what point will the Minister try something else?

[Leo Docherty]

These are clearly profoundly difficult issues that will not be solved quickly, but our judgment is that we must continue with our diplomacy and our strong encouragement for the Government of Sri Lanka to come forward with detailed proposals about a truth and reconciliation commission. As unlikely as it may seem this afternoon, that is the intent of our diplomacy, and we will continue to do that. We will also continue closely to monitor human rights developments in Sri Lanka, including the marginalisation and repression faced by Tamil communities and other minorities.

[Catherine West]

Given the scepticism about yet another announcement of this sort of process, will the Minister pledge to continue more truthful and thorough approaches? For example, with regard to the question raised earlier in the debate about the role of the ICC for certain of the terrible events that happened during the civil war, is it the assessment of the FCDO that there is a case to answer in the ICC?

[Leo Docherty]

The hon. Lady will know that the ICC, being independent, will make its own judgments about the prospect of prosecution, but of course, candour and frank speaking are at the heart of the relationship that we have with the Sri Lankan Government, and we will continue to press the need for a truth and reconciliation commission.

[John McDonnell]

I do not want to be too harsh to the hon. Gentleman, particularly as he is standing in for another Minister, but the hon. Member for Glasgow North East (Anne McLaughlin) used part of her speech from 2021 and this sounds distinctly like the same response that we had at that debate, almost word for word. Could the Minister address one issue for me? This is solely up to the Government: will they now explore the use of Magnitsky clause sanctions against known human rights abusers from Sri Lanka?

[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.