Sri Lanka

Debate between Margaret Ferrier and Elliot Colburn

Wednesday 9th November 2022 Commons Chamber

[Elliot Colburn]

I absolutely agree. I am very glad that the Government have decided to support the motion today, so that we can get to work on bringing everyone back around the table, because we have seen so little progress on implementing UN resolutions so far. There is a lot of hopelessness out there, particularly among the Tamil community, that any progress will be made. We need to get on top of this and use our position as a friend of Sri Lanka to do just that. I am grateful to the hon. Member for his intervention.

If I may, I will talk a little bit more about some of the violence and atrocities used during the end of the conflict. Rape and sexual violence against Tamil women and, in some reports, against Tamil men during the final stages of the armed conflict and in its aftermath are also considered to be greatly under-reported. That is according to an investigation by the Office of the High Commissioner for Human Rights into Sri Lanka. Several witnesses have spoken about women being taken away towards the jungle by soldiers, allegedly for sexual abuse, as they crossed over into Government-controlled territory.

An investigation by Human Rights Watch reported on one woman’s experience. She said:

“The army made us strip completely in front of the children. All the women were made to walk around the soldiers in a circle. The soldiers were laughing at us. All the women were then raped in front of everyone. My daughter and I were raped in front of her children. I was raped in front of my grandchildren. After about two hours, the soldiers asked a naked boy and girl, who didn’t know each other, to hug each other at gunpoint. As they hugged due to fear, they were shot in front of our eyes.”

These atrocities did not take place during a medieval skirmish hundreds of years ago; they took place in a Commonwealth country in 2009. Many of my constituents and those of other Members in this place have suffered to this day because of the crimes that they saw or were subjected to. The physical and mental scars are still there. Thirteen years later, these families are still waiting for peace, justice, truth and accountability.

I am pleased that last month the UN Human Rights Council adopted resolution 51/L1 on Sri Lanka, which will extend and reinforce the capacity of the Office of the High Commissioner for Human Rights to collect, consolidate, analyse and preserve evidence that may be used in future war crimes trials. The Sri Lankan Government have rejected this resolution, as they have previously, instead claiming confidence in their domestic mechanisms, which 13 years on from the end of the war are yet to produce any results for the victims of the atrocities. The new resolution certainly is a step in the right direction to achieving justice and accountability, but—with respect—we have had resolutions before. International action at the Human Rights Council on its own is not enough. The resolution falls short of providing a mechanism to truly investigate war crimes and pursue criminal accountability.

Specific resources need to be raised to build cases against those who are accused of war crimes and to prosecute them. Criminal accountability should be pursued by referral to the International Criminal Court. Those who commit war crimes should not enjoy immunity because the state in question is unwilling or unable to prosecute them. Furthermore, the UK should follow other allies around the world, particularly the United States, in introducing a targeted sanctions regime for those who are credibly accused of committing war crimes and human rights abuses in Sri Lanka.

That should include notable Sri Lankan individuals, such as Shavendra Silva, a current army commander. General Silva stands credibly accused of committing war crimes and crimes against humanity during the final phases of the conflict. The accused war criminal was head of the notorious 58 Division during the conflict. In his experience as a commander, he oversaw the unit committing grave violations of international law. Under his command, hospitals were repeatedly bombed and widespread sexual violence occurred, as well as the torture and executions of surrendering Tamils. Eyewitnesses also demonstrated that he was present at the Wadduvakkal bridge, where, according to the available evidence, he oversaw hundreds of surrendering Tamil military and political leaders and their families being subjected to summary execution and arbitrary detention, as well as enforced disappearance.

[Margaret Ferrier (Rutherglen and Hamilton West) (Ind)]

I congratulate the hon. Gentleman on securing this important debate. The implementation of vague laws to facilitate arbitrary arrests and the restriction of movement on citizens is something we see in countries with poor human rights records. Such laws in Sri Lanka make it much harder for those wrongly arrested to challenge detention. Does he share my concern that access to justice is being actively hindered, which leaves activists at too great a risk?