Sri Lanka

Lord Wills Excerpts

Tuesday 8th January 2013 Grand Committee

[Lord Wills]

My Lords, the noble Lord, Lord Naseby, has done your Lordships’ House a service by enabling this important issue to be debated here today. The civil war in Sri Lanka was a prolonged, brutal and bloody business. Estimates of the numbers killed vary; most of the estimates that I have seen are considerably higher than those put forward just now by the noble Lord—I have seen estimates of more than 100,000. Many thousands of people were killed; tens of thousands more were wounded, tortured and raped. The LTTE, the Tamil Tigers, was a brutal adversary. It was guilty of terrible atrocities against civilians, including the widespread use of suicide bombing and deployment of child soldiers and human shields. However, there were also appalling atrocities committed by the opposing forces of the Sri Lanka Government. These have been well documented by the UN and by the Channel 4 films, “Sri Lanka’s Killing Fields”, which showed the deliberate targeting of hospitals and civilians by heavy artillery, deliberate denial of food and medicine to civilians in the no-fire zone, summary execution of civilians and Tamil Tiger fighters, and sexual violence against women members of the LTTE.

The opinion of the noble Lord, Lord Naseby, that the report from the Lessons Learnt and Reconciliation Commission, set up by the Sri Lankan president, is independent is not shared widely outside Sri Lanka.

In presenting the Government’s response to that report, the Foreign Office Minister Alistair Burt MP said,

“we continue to believe it is important that an independent, credible and thorough mechanism is put in place to investigate all allegations of grave abuses”.—[Official Report, Commons, 12/01/2012; col. 21WS]

The International Crisis Group—a distinguished group of diplomats and politicians whose trustees include a Member of your Lordships’ House, a former Secretary General of the United Nations, former presidents, former prime ministers and former foreign ministers—said that the report,

“fails in a crucial task—providing the thorough and independent investigation of alleged violations of international humanitarian and human rights law that the UN and other partners of Sri Lanka have been asking for”.

Sri Lanka can never rebuild itself adequately after its terrible civil war until there is full accountability for the atrocities committed in its course. This is a moral imperative, but it is also a practical one. How can the significant Tamil minority ever be reconciled to a regime that treats war crimes and crimes against humanity insouciantly? More important than implementing the recommendations still outstanding of the Lessons Learnt and Reconciliation Commission is the establishment of an independent investigation of these alleged atrocities and then a calling to account of everyone responsible for them.

I appreciate the efforts that Her Majesty’s Government have made to persuade the Sri Lankan Government to set up such an independent and credible mechanism to investigate these human rights abuses. Sadly, however, the Government’s efforts so far have not worked. To date, there has been no such investigation and no accountability secured for any of the well documented atrocities and other human rights violations committed by state forces. The International Crisis Group has concluded that,

“Sri Lanka is suffering from a crisis of institutionalised impunity for human rights violations by state forces and those working in collaboration with the state”.

The longer this situation continues, the more likely it is that those responsible for these atrocities will think they have got away with them, to the shame of the international community.

We should never accept that those responsible for horrendous war crimes and crimes against humanity can escape responsibility for what they have done. Moreover, there are well substantiated reports that human rights abuses continue in Sri Lanka to this day. For example, the Amnesty report documented,

“numerous cases of disappearances which have taken place after the end of the conflict…there are reasonable grounds to believe that enforced disappearances have taken place in Sri Lanka as part of widespread attacks on the civilian population and they amount to crimes against humanity”.

Last month, the British Government expressed their concern about the current situation in Sri Lanka by saying that they,

“continue to have concerns about human rights in Sri Lanka, including the rule of law and individual freedoms”.

Now a critical decision is looming for our Government. In November, the Commonwealth Heads of Government Meeting is due to be held in Sri Lanka. The Canadian Prime Minister has made it clear that he will not attend,

“unless there is measurable progress in the human rights situation in Sri Lanka”.

The Government will soon need to decide whether they will adopt a similarly principled stand. There can be no evasion here because there can be no doubt about how attendance by the British Prime Minister and Her Majesty the Queen will be construed by the regime in Sri Lanka.

When the then Culture Secretary decided to spend his Christmas holiday in Sri Lanka just six months after the end of this brutal war, the state-run broadcaster in Sri Lanka reported that,

“his arrival, despite the accusations made by the British Government on the human rights record of Sri Lanka, is an indication that the charges have not been authenticated”.

What does the Minister think would be the reaction in Sri Lanka of the Sri Lankan Government and the state media when the visitor is not just a Culture Secretary but the British Prime Minister—and not just the British Prime Minister, but Her Majesty the Queen as well? We cannot allow our Prime Minister and Her Majesty the Queen to be used to cleanse any regime of war crimes and crimes against humanity.

I recognise the strength of the arguments that Governments should not grandstand, that strident public denunciations of other Governments could be counter-productive. I understand that; I understand that they can strengthen such Governments domestically and can turn the issue into one not of human rights abuses but of national sovereignty. There is always a case to be made for persistent, resolute, behind-the-scenes diplomacy as being the best way of effecting change but, so far, such diplomacy has produced no significant results. In such circumstances, there is a strong case for more resolute diplomacy to demonstrate the limits of impunity for human rights abuses. Ronald Reagan understood that when he stood up to the Soviet Union; Margaret Thatcher understood that when she stood up to Argentina over the Falklands; and this Prime Minister understood it when he stood up to Colonel Gaddafi. Do this Government now understand that they have to stand up to the Sri Lankan regime? Are this Government prepared to follow the principled stand of the Canadian Prime Minister?

As the Minister considers her answer to that question, I should like to remind her what her colleague, the Justice Secretary, wrote in the Daily Telegraph just three weeks ago about his vision of human rights. He said:

“As Conservatives, we remain absolutely committed to the importance of human rights around the world”.

He identified as fundamental principles of a democratic nation the right to life, the right not to be tortured and the right to a fair trial. Those are all rights which have been denied to tens of thousands of Sri Lankans. I hope that the Minister can tell your Lordships today that these fine words, written by her colleague, the Justice Secretary, were more than just words and that they will be translated into action in relation to Sri Lanka.

I am sure that in addressing that question the Minister will also be aware that human rights, for which the Government of Sri Lanka have not shown very much respect, is one of the core values of the Commonwealth. Therefore, I should be grateful if, in replying, the Minister could answer these questions. First, have the Government already made a decision about whether to attend the Commonwealth Heads of Government Meeting in Sri Lanka and, if they have not yet made it, why not? If they have not yet made it, when do they expect to be in a position to do so? Secondly, does the human rights situation and what the International Crisis Group calls a crisis of,

“institutionalized impunity for human rights violations”,

in Sri Lanka have any bearing on the Government’s decision on whether to attend the Commonwealth Heads of Government Meeting? If so, what action do the Sri Lankan Government need to take before the Government will decide to attend the meeting? I recognise that the Minister may not be able to answer all these questions today but, if she cannot, I should be grateful if she could write to me with the answers.

--- Later in debate ---

[Lord Triesman]

My Lords, I will go back through the UN figures and will provide the ones that I have seen. I was going to go on to say, as my noble friend Lord Wills did, that it appears that in the final stages the figure of up to 40,000 comes near to the death toll. The 18-month inquiry, which concluded in November 2011, covers all 26 years.

One thing is absolutely plain to me: in any civil war of that duration and intensity, the pain between the combatants and the communities from which they come is going to be very great. Significant inter-communal violence, which is very up-close, raw violence, has on the occasions when it has occurred led to the division of countries—for example, India and Pakistan—rather than to an attempt to keep one country in one form.

It is certainly true, as the noble Lord, Lord Naseby, said, that one sees a good deal more evidence of peace, which is very good news, but it is also true that there are credible reports of civil rights abuses. I add my appreciation to that already expressed for the United Kingdom forces involved in the de-mining exercise. I had the great privilege of being with those forces in Colombia in South America and saw just how amazing and dangerous their work was. I remember how relieved one felt to be able to go away at the end of a phase when they could not always do so.

Both sides have made credible claims; both have eye-witness accounts; and both seek retribution. One side has sought prosecution of perpetrators, with greater emphasis focused, perhaps understandably, on the shelling of hospitals, which, by common consent, caused considerable civilian casualties. However, I also note that the commission expressed findings even on this issue, stating that it was impossible to say who had been responsible for that shelling.

The report contains findings on many other issues. It apportions blame for the causes of the war pretty evenly between politicians on both sides. It makes it clear that there were no steps taken by the Sinhalese which could have placated the Tamil people. It makes it clear that Tamil politicians worked up passions for militant separation which were impossible to accede to.

While there was support for the report, there has also been significant criticism. A lack of independence in the report has been alleged. Not even minimum international standards of protection of witnesses was accorded to many of those who might have given evidence.

However, I share a view with the noble Lord, Lord Naseby: that the decisions of Amnesty International, the International Crisis Group and Human Rights Watch not to take any part can scarcely have helped the process. It would have been better had they taken part and I am not sure that their reasons for not doing so are sustainable.

Many of the commission’s recommendations could be detailed very extensively, but I highlight those to deal with long-term detainees individually, to publish full lists, to ensure that freedom meant freedom—that is, once people had been released, they should not be re-arrested—to overcome legal delays in process, to disarm illegal groups immediately as a priority, to ensure that there is free movement in the country, to normalise civil administration and to make sure that documents were in languages that people could understand. Like the noble Lord, Lord Bates, I often feel—maybe I would—that sport can play a significant role in giving people the opportunity to see each other in circumstances that are not quite so gruesome.

However, people plainly want more, and herein lies the central dilemma. Reconciliation processes seldom satisfy those who have suffered the sharpest distress or grievances. No one in the United Kingdom would willingly accept any process where there was impunity. I do not know that it would ever speak well in our culture; nor do I think that it would speak well in anybody’s culture, because people want their most serious grievances addressed. As we have seen elsewhere, retributive justice after a war of this kind is very unlikely to achieve reconciliation—these are not easy choices to make—but that does not answer the question of impunity. That is why it is an audacious route to take to seek reconciliation in this way and why it is seldom welcomed by all those who seek complete justice or even confirmation that the evidence that they have provided, and on which they rely, is the only accepted truth that should be accounted for.

I am with the noble Lords, Lord Willis and Lord Dholakia, in believing that one has to be clear on both sides about the conditions for success if this is the route that one wants to take. The first condition is that there should be sufficient independence in the inquiry to command support—and I support what Her Majesty’s Government have said about that, which is useful and correct.

Secondly, reconciliation can work fully in my view, even against all the odds, only if substantive outcomes can be achieved in the programme of reconciliation that is recommended. I make these points here not because the international groups have all written to me and urged that they should be made but because I hope for the success of the country and want to think about how that might be achieved. The outstanding evidence is clear; the noble Lord, Lord Dholakia, referred to the first and perhaps most important point, that political processes have to encapsulate the rights for all groups and the rule of law, and that is fundamental. The aid agencies must be able to reach those needing aid, especially with medicines and medical facilities. I do not believe that there is evidence that that has fully happened, and I wonder whether the Minister has an observation on that.

There are clear failings in the existing IHL regime in respect of internal conflicts in both state and non-state armed groups. Does the Minister feel that there may be progress there? A large number of allegations have been made of abduction, arbitrary detention and disappearances—what is called a different kind of white van syndrome. There do not seem to me to be such clear outcomes as have been presented, and I wonder whether the Minister has views on that. I know from the work that was done in Argentina and Chile that, until those issues are fully nailed down, the families do not go away—and you can understand why. It will never satisfy them. The independent police commission has to function properly, and I am not absolutely clear from what I have read that it does function. I wonder whether the Minister has any observation.

I make one quick observation on Channel 4. Jon Snow is, in my view, one of the outstanding journalists of this generation. He has amazing standards and amazingly good personal, ethical values, which contrast with some others in the media. Yet questions persist about the authenticity of some of the footage of “Sri Lanka’s Killing Fields”. It is not for the Minister, but could Parliament perhaps encourage “Channel 4 News” to consider whether it has been deceived in any respect?

[Lord Wills]

I am very curious about this, because I did a lot of work researching all this, including reviewing those particular films. I looked at an Ofcom judgment; there were a lot of complaints about those films— hundreds, I think. Channel 4 was found not to be in breach at all by Ofcom, so I wonder whether my noble friend could specify what doubt there is. I am sure that he is aware that much of the footage in those films was filmed by Sri Lankan soldiers on their mobile phones. What possible doubt is there about the veracity of that footage?

[Lord Triesman]

My Lords, if my noble friend had allowed me just one more sentence, I was going to go on to say that I personally had no doubt about the authenticity of the films—that is my view. But when people, particularly in the current media climate, believe that it is important to be absolutely certain of these things, an excellent news programme such as I believe “Channel 4 News” is would do itself no harm if it repeated the exercise if it gave greater confidence. I personally have no doubt about the veracity, but my view may not be significant.

Finally, steps could be taken before the conformation of the final arrangements for the state visit, which is also very important—it is not just CHOGM. This is a real opportunity, in the spirit of Commonwealth standards and reputation, not least because the Commonwealth has an outstanding Secretary-General in Kamalesh Sharma, to ask questions, discuss progress and articulate a possible programme and means of verification of the programme. I know that that kind of Commonwealth role appealed enormously—it did in its time to me, and certainly it has done to the noble Lord, Lord Howell of Guildford, and I know that it does to the noble Baroness, Lady Warsi. For those reasons, I always attach great importance to what can be achieved by that kind of process. If it is done properly, it may well be that the value of the Commonwealth and of CHOGM in this instance will be very well demonstrated.

[The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi)]

My Lords, I thank my noble friend Lord Naseby for securing this debate. I know that he and others within both Houses of Parliament have taken a close interest in Sri Lanka. The timing is most apt, a year after the publication of the Lessons Learnt and Reconciliation Commission, or LLRC, report, that has been referred to today.

Let me first note that the United Kingdom and Sri Lanka have a long-standing historical connection, and present-day ties include business, family, tourism and education. I assure my noble friend Lord Dholakia that large numbers of bright, talented Sri Lankan students continue to come to study in the United Kingdom and the diaspora community of around 400,000 people contributes significantly to our economy and rich cultural diversity. We are friends and it is a friendship that we value, even on the cricket pitch, despite being knocked out in the World Twenty20 in October by the host, Sri Lanka.

The 2009 defeat of the Liberation Tigers of Tamil Eelam, or LTTE, brought an end to decades of conflict in the country, but a military victory alone cannot deliver the stable, lasting peace which all Sri Lankans deserve. It is for this reason that the UK supports the view, widely held within Sri Lanka and outside, that long-term peace can best be achieved through an inclusive political settlement that addresses the underlying causes of the conflict. Such a settlement must also take into account the legitimate grievances and aspirations of all Sri Lanka’s communities. The Government of Sri Lanka recognised this in appointing the LLRC, which submitted its report in December 2011. The report made more than 200 recommendations.

In January 2012, following the publication of the LLRC report, my right honourable friend Alistair Burt issued a Written Ministerial Statement in which he welcomed publication of the report and urged the implementation of its recommendations. The recommendations, if implemented in full, would go a long way to achieving the reconciliation which we believe will achieve lasting peace. Those recommendations included calls for credible investigations of alleged extrajudicial killings and disappearances, demilitarisation of the north, implementation of impartial land dispute resolution mechanisms and the protection of freedom of expression. However, as Alistair Burt said at the time, and to which the noble Lord, Lord Wills, referred, in the view of this Government the report left gaps and unanswered questions on alleged violations of international humanitarian law and human rights law, and we were disappointed by the report’s conclusions and recommendations on accountability.

Sri Lanka has made some progress against the LLRC recommendations. The UK recognises and welcomes the progress that has been made in a number of areas. UK officials have visited all nine provinces in the past 12 months and have seen much to welcome. Most importantly, the absence of conflict has brought greater security and opened up economic development. Demining, which has been referred to in today’s debate, including with UK financial support, is freeing up more and more land for resettlement and agriculture. Rehabilitation of thousands of ex-combatants, including child soldiers, has allowed many individuals to integrate back into society. The majority of internally displaced persons have now moved out of camps, although there is still work to be done in ensuring that all have permanent homes and are, where possible, able to return to their places of origin.

Despite a visible military presence, troop numbers in many areas are now well below 2009 levels. Infrastructure development is opening up the country, creating conditions for economic growth and enabling easier travel. All these are positive developments. However, the picture is not all positive. Much remains to be done in order to tackle the roots of conflict and ensure lasting peace and prosperity. The need for progress was highlighted in a March 2012 Human Rights Council resolution, supported by a majority of member states from around the world. It called on the Government of Sri Lanka to implement the LLRC report recommendations and to address alleged violations of international law. In July 2012, the Sri Lankan Government published an LLRC action plan, with deadlines from early this year for the implementation of the LLRC recommendations. However, it is notable that the action plan covers around only half the LLRC recommendations. We hope that the Government of Sri Lanka will reconsider and look at implementing the LLRC report in full.

This is not a case of unrealistic expectations. The UK has never suggested or expected that resolution following a long-running conflict can be instantaneous. We realise that the LLRC recommendations cannot all be implemented immediately. We have our own experience of reconciliation from Northern Ireland, and we know well that such a process is complex and can take time. I thank my noble friend Lord Bates for outlining possible and potential pathways. He is right: this process will take time. I will take back his suggestions regarding building on the Olympic legacy and, indeed, the Olympic Truce. He is also right that we must look to a future for all, but in the case of Sri Lanka true reconciliation is unlikely to be possible without a brave, open and comprehensive review of the painful past, and addressing the deep-seated issues in the LLRC report requires a long-term approach, tenacity and co-operation.

There are, of course, inevitable barriers to swift progress in some areas—for example, the need to broker agreements between various parties, undertake changes to legislation and devise equitable solutions to complicated issues such as land rights. However, to make this long-term progress requires a sense of urgency and it has to be on a positive trajectory.

I regret that a number of the recommendations have not been tackled at all or have been tackled in name only. The military presence in many areas is less invasive than at the end of the conflict but armed forces continue to occupy large areas of civilian land, now classified as high-security zones or military cantonments. Military involvement in civil and commercial activities has been reduced in some areas but still remains widespread and a source of tension. Not only has there been no agreement on political settlement but a recent Bill seeks to further centralise currently devolved powers. Moreover, almost four years since the end of the conflict, there have been no prosecutions for alleged misconduct during the conflict.

The Government of Sri Lanka face considerable challenges but they face them with the support of an international community eager to see lasting peace in the country. With this support comes scrutiny, and in 2013 this is set to be particularly intense. In March we have the anniversary of the Human Rights Council resolution, and the noble Lord, Lord Wills, spoke about the Commonwealth Heads of Government Meeting, which Sri Lanka is due to host in November. The CHOGM is an opportunity either for Sri Lanka’s progress to be showcased around the world or for bad news to be amplified. The UK believes that the host of CHOGM should uphold the Commonwealth values of good governance and respect for human rights. We will look to Sri Lanka to demonstrate its commitment to these values both now and in the run-up to CHOGM. A key part of this will be addressing long-standing issues around accountability and reconciliation after the war. The noble Lord, Lord Wills, will be aware that Sri Lanka was scheduled to host CHOGM in 2011 but, given ongoing concerns about the humanitarian and human rights situation, the UK and other Commonwealth members did not support its bid. Commonwealth members decided that Sri Lanka would host it in 2013, but at this stage it is too soon to talk about the UK’s attendance plans. I cannot give further details today, but we will be looking to Sri Lanka to demonstrate the Commonwealth values expected of any CHOGM host.

The noble Lord, Lord Triesman, raised current, ongoing concerns about the human rights situation. International concerns about human rights violations in Sri Lanka are not limited to the years of the war but remain since the end of the war as well. The UK has been candid in private and public about our concerns. In the 1 November UN Universal Periodic Review of Sri Lanka, the UK raised concerns about the attacks on and intimidation of journalists, human rights defenders and the legal professions. We recommended that the Sri Lankan Government investigate alleged grave breaches of humanitarian law during the conflict. This recommendation was accepted, along with 110 of the 210 recommendations made in that review. We also recommended that the Sri Lankan Government ensure a climate in which all citizens can express their opinions freely. This recommendation was rejected, along with recommendations to invite the UN special rapporteurs to visit and recommendations to ensure independence of the judiciary. We continue to have concerns about human rights in Sri Lanka, including disappearances—to which the noble Lord referred—political violence, reports of torture in custody and restrictions on free speech. We raised our concerns directly with the Government of Sri Lanka and called upon them to investigate reports of human rights abuses whenever they occur.

The noble Lord, Lord Triesman, also raised the issue of missing persons. A legacy of decades of conflict is that large numbers of missing people remain an understandable cause of considerable distress for many families. The LLRC report is committed to establishing a decentralised database of the missing by February of this year and we look forward to progress in this regard.

Events as recently as the last eight to 10 weeks are a source of concern for us as well as for other states and international organisations. These include impeachment proceedings against the Chief Justice, which coincidentally followed a number of rulings against the Government; violent disruption of student remembrance events in Jaffna and the detention of students; and the violent suppression of a riot at Welikada prison in which 27 inmates lost their lives. On 5 December, our high commissioner joined other EU heads of mission in a public statement expressing concerns about the rule of law and individual freedoms in Sri Lanka.

Following the end of the conflict, we want to see Sri Lanka win a peace that can be enjoyed by all its citizens. Progress has been made but is lacking in a number of areas necessary to ensure long-term peace and stability. We remain committed to helping the reconciliation process, recognising the Sri Lankan Government’s legitimate authority and looking to the Government to implement the LLRC recommendations in full.

[Lord Wills]

My Lords, I am very grateful to the Minister for giving way but I intervene as I suspect that she is about to conclude her remarks. I asked a number of specific questions. I quite understand that she cannot answer them today but will she confirm that she will write to me with specific answers to those specific questions?

[Baroness Warsi]

I will certainly do that. UK support includes funding activities on rehabilitation, access to language rights, community policing support and positive dialogue within and between communities in Sri Lanka and, indeed, engaging the UK diaspora. We recognise the need for a long-term approach but firmly believe that this must include some early evidence of progress. It is right that Sri Lanka’s friends should raise such concerns alongside more immediate human rights issues. As Alistair Burt said in his Written Ministerial Statement last January:

“Our long-term interest is in a stable, peaceful Sri Lanka, free from the scourge of terrorism, and as a fellow member of the Commonwealth, conforming to the standards and values which Commonwealth membership requires”.—[Official Report, Commons, 12/1/12; col. 21WS.]

That position remains unchanged.

I close by thanking the noble Lord, Lord Naseby, for his continued interest in Sri Lanka and for securing this debate today.