Sri Lanka

Lord Dholakia Excerpts

Thursday 12th October 2017 Lords Chamber

[Lord Dholakia (LD)]

My Lords, I add my thanks to the noble Lord, Lord Naseby, for securing this debate. I am well aware that he has a long-standing interest in Sri Lanka, and he and I have taken part in similar debates in the past. I declare my interest in that I have similar antecedents to those of the noble Lord. I have visited Sri Lanka a number of times, particularly during the tsunami, when I was involved in one of the local relief projects. I was there a few years ago, when the civil war was raging, and I visited the country again when the war came to an end. My last visit gave me the opportunity at first hand to see and learn about the reconstruction, resettlement and reconciliation work in progress there.

I could go into the rise of the Tamil Tigers and the actions taken by the Rajapaksa Administration, but the noble Lord has accurately sketched out that particular aspect of the history and it will not serve a useful purpose for me to go into it. But we should recognise that much has happened since then. We have the report of the UN Secretary-General’s review panel on UN action in Sri Lanka, the Lessons Learnt and Reconciliation Commission and the International Crisis Group report. We also have a new Government, faced with the task of rebuilding the confidence of the community in the new Administration, which includes addressing the grievances of Tamil and Muslim leaders about the excesses that took place during the war. This is not an easy task. Even today, there remain deeply held views about the war in Sri Lanka and its aftermath. These are to be found not only within the boundary of Sri Lanka but within the large Sri Lankan diaspora outside it. We have seen the evidence of this outside our own Parliament in the United Kingdom. The people you speak to and the replies you get give you some idea of the task facing the present Government.

This debate is not the place to confirm or deny what did or did not take place during the war, but it is nice to have the statistical information given by the noble Lord, Lord Naseby. New statistical information is now available but we must accept that this and its rejection will continue to shape the debate for some time to come, and limited purpose will be served by it in making progress towards a stable and prosperous Sri Lanka. We have to move on, but the basis on which the country makes progress will be very much determined by how some of the issues are handled. The noble Lord, Lord Naseby, highlights the way forward and we should take due note of his point of view.

Perhaps I may add at this stage that I was much encouraged by the speech of the President, His Excellency Sirisena, during the general debate at the UN General Assembly last month. The President was elected in January 2015. It is very interesting that, even before his election, he gave a pledge to remove excessive powers vested in the President and to entrust them to his Parliament. What a change that approach has made in power sharing with the communities in Sri Lanka. This was a crucial statement, as we all knew that the previous Administration had vested more power in the presidency than that enjoyed by any democratic institution, as explained by the noble Baroness, Lady Cox.

The President stood by his words and today, rightly, accountability has been vested in an elected Parliament. The Executive can no longer ride roughshod over the will of Parliament. This exercise should build confidence among the communities in their elected leadership, as this action alone has succeeded in consolidating excessive power and autocratic governance. It is a great step forward. The President said,

“we have succeeded in our journey of re-establishing and restoring the freedom of the people, protecting human rights and nurturing fundamental rights”.

War is an ugly and nasty way of resolving grievances. After a three-decade-long conflict, there is now evidence that the Government are committed to taking steps on issues identified by the Human Rights Council. With evidence of progress in the implementation of 27 international conventions signed and ratified by Sri Lanka in areas of human rights, labour rights, sustainable development and good governance, the European Union restored GSP+ status to Sri Lanka on 19 May 2017. That is indeed progress.

I shall quote the conclusion of a fact-finding mission by a team of senior EU officials undertaken in September 2017:

“The excellent cooperation by the Government is a reminder of how much the situation has changed in the country over the last two and a half years, including real advances in human rights”.


We are encouraged by the progress to date but we should ensure that complacency does not hinder further progress. Towards this end, I have a number of questions to put to the Minister.

On truth and reconciliation matters, have the Sri Lankan Government addressed ongoing regional and ethnic disparity, and how far have they succeeded in dealing with conflict-related justice? May we seek assurances on how far the Sri Lankan Government have reformed the security sector and criminal justice system in line with international standards, including around police accountability? How far have British foreign policy and international aid helped to promote liberal values of human rights and democracy in that part of the world, and who is monitoring the situation?

There are positive examples of how Sri Lanka has moved forward on certain issues and we should take note of them. The Government of Sri Lanka have now evolved a national human rights action plan through a wide consultative process, which has been approved by the cabinet. A number of UN thematic special procedures mandate holders have visited Sri Lanka since January 2015, something that would not have happened during the previous Administration. The matters of violation and abuses committed during the war, including the establishment of a credible justice system, are now under discussion by the Government.

The Right to Information Act, passed in June 2016, enables the family member of someone arrested or disappeared to access information on an expedited basis—that is quite a change from the problem the noble Lord has had in this country. Since June 2016, the president has issued directions requiring the armed forces and the police to ensure that the fundamental rights of persons arrested or detained are respected and individuals are treated humanely.

Steps are being taken to return land to its rightful owners. A draft counterterrorism Act has been approved by the Cabinet. We must not in any way put obstacles in the way of how these matters are being advanced.

In conclusion, we recognise the progress made. We are aware of the stable democratic process there. The debate is not to criticise the measures taken so far but simply to acknowledge that Sri Lanka paid a heavy price during the conflict years. This should never be allowed to happen again. The duty of any democracy is to protect its citizens—all citizens, irrespective of religion or ethnicity. I trust that Sri Lanka and its diaspora will play a crucial role in building a stable, democratic society.