Tamil People in Sri Lanka

Mark Durkan Excerpts

Wednesday 28th January 2015 Westminster Hall

[Siobhain McDonagh]

I completely agree with my right hon. Friend.

I make no apologies for expressing my delight at seeing the end of Mahinda Rajapaksa’s brutal decade-long reign. This is a man who presided over the slaughter of 40,000 Tamils at the end of the country’s civil war, whose contempt for human rights and the rule of law further intensified a culture of impunity, and who led an increasingly autocratic, nepotistic and corrupt Government. Right up until the end of the election campaign, violence and threats were being meted out against his political opponents and, since his defeat, serious allegations have emerged regarding both an attempted coup to remain in power and alleged complicity in the death squads of his brother Gotabhaya, the Defence Secretary. Those are yet more issues that require full, credible and independent investigation.

After years of misrule, Sri Lanka was crying out for new leadership. I applaud those who, in the face of much intimidation, voted Rajapaksa out, especially the Tamils and Tamil-speaking Muslims who had been so badly treated by his regime. In fact, the votes from the Tamil and Muslim communities were absolutely pivotal in securing Sirisena’s victory. Although Rajapaksa swept almost all Sinhala-dominated provinces, Sirisena received the support of about 80% of the Tamil vote and gained an even greater number of votes from Muslims.

I believe that the outcome of the presidential election raises two important points. First, it reaffirms the fact that Tamils warmly embrace democracy. The spurious assertions by Mahinda Rajapaksa and his Government of attempts to revive the Liberation Tigers of Tamil Eelam in Tamil-majority areas were complete nonsense. Tamils want not a return to armed conflict, but the opportunity to live with dignity in a peaceful, democratic society. Secondly, given the support that Sirisena received from Tamils and Muslims, they have every right to expect him to engage with them constructively and to address their long-standing grievances about war crimes, human rights violations, political marginalisation and religious intolerance, among other important issues.

Sri Lanka’s new leader has shown a willingness to reach out to Tamils on several issues. For example, he has removed the military governor of Northern Province, who did so much to undermine the work of the provincial council, and replaced him with a civilian, Mr Palihakkara, even though it must be noted that Mr Palihakkara was a senior Government representative during the conflict and defended them against accusations of war crimes committed against Tamils. Sirisena has also stated an intention to review the seizing of Tamil land by the army and has ordered the release of some Tamil detainees against whom no case has been brought. I hope that means that the likes of Jeyakumari Balendaran, a Tamil mother of one of the disappeared who has been detained without charge for 300 days, will soon have a taste of freedom again.

Sirisena has ambitious and worthwhile plans for government. His proposals for his first 100 days in office include notable pledges to abolish the executive presidency and to restore independence to the judiciary, police and other bodies. However, he will ultimately be judged not by his words, but by his deeds. The key constitutional reforms may prove difficult to enact, given the need for a two-thirds majority in Parliament and the possibility of needing to seek the support of aggrieved Rajapaksa allies. Significantly, although Sirisena may have stated that his Government’s priority will be “ethnic and religious reconciliation”, it is deeply unfortunate that his 100-day plan provides no explicit measures to address the key concerns of minority communities.

It is on that issue that the British Government, through their bilateral relations with Sri Lanka, and as part of multilateral organisations such as the UN, must make their voice heard. We should do all that we can to ensure that President Sirisena’s Administration understand the importance that we attach to Sri Lanka’s addressing the outstanding issues arising from the armed conflict and its aftermath.

A matter of days after Sirisena’s presidential election victory, Pope Francis arrived on the island. Addressing the crowds at Colombo airport, His Holiness said:

“Sri Lanka for many years knew the horrors of civil strife, and is now seeking to consolidate peace and to heal the scars of those years. It is no easy task to overcome the bitter legacy of injustices, hostility and mistrust left by the conflict. It can only be done by overcoming evil with good and by cultivating those virtues which foster reconciliation, solidarity and peace. The process of healing also needs to include the pursuit of truth, not for the sake of opening old wounds, but rather as a necessary means of promoting justice, healing and unity.”

I agree wholeheartedly with His Holiness’s sentiments, and his statement is an implicit endorsement of the UN inquiry.

President Sirisena has spoken of how his Government intend to

“have a foreign policy that will mend our ties with the international community and all international organisations in order that we derive maximum benefit for our people.”

The perfect way for him to show that he is sincere in his intentions is for his Government to accept the mandate of the Office of the UN High Commissioner for Human Rights and co-operate with its war crimes investigation. However, people are right to be sceptical about Sirisena’s sincerity, given that he is not prepared to engage with the work of the OHCHR and has vowed to protect Mahinda Rajapaksa and other senior Government and military figures from possible future war crimes charges.

[Mark Durkan (Foyle) (SDLP)]

The hon. Lady quoted the Pope, and the Minister of State, Foreign and Commonwealth Office, the right hon. Member for East Devon (Mr Swire), also quoted those words about truth and reconciliation in the main Chamber recently. Does she agree that the Minister should repeat those words on his visit—not in the pastoral tone used by the Pope, but in crisp, diplomatic terms?

[Siobhain McDonagh]

I agree with my hon. Friend. The Minister is in Sri Lanka at the moment and we hope he will take up the baton laid down by the Pope.

There are no legitimate reasons to delay the pursuit of truth and justice for the victims of the conflict, yet some have already called for President Sirisena to be given more time and space to deal with issues of reconciliation and accountability, given the job that lies before him. His Government have even indicated that they intend to establish yet another domestic investigation into the allegations of war crimes during the final stages of the civil war. Experience tells us where that will lead: nowhere. The Lessons Learnt and Reconciliation Commission that was set up in 2010 by Mahinda Rajapaksa was “deeply flawed” and failed to

“satisfy key international standards of independence and impartiality”,

according to the UN Secretary-General’s panel of experts on Sri Lanka. Impunity has been the rule in the country for too long and, as the UN high commissioner has said, the consequence has been that national accountability

“mechanisms have consistently failed to establish the truth and achieve justice.”

It is important to remember that Sirisena is not some innocent party to the situation. He was not plucked from the purity of opposition to become President. He is a former ally and colleague of Rajapaksa’s. He served as a Defence Minister during the final stages of the conflict, when tens of thousands of civilians were killed. He has also spoken out against those who have questioned the Government’s actions in the final stages of the war. In 2010, when Karu Jayasuriya MP wrote that the country should investigate “the many allegations” against it, Sirisena said the Government would identify “patriots and traitors” in the country and act accordingly. President Sirisena may also be implicated in some of the alleged crimes that took place during the armed conflict. His statement from 2010 suggests strongly that he was willing to play his part in helping to foment the culture of impunity under the rule of Mahinda Rajapaksa.

Many members of the Government of Sri Lanka, past and present, see the UN investigation as some pernicious attempt to damage the country and undermine its sovereignty. However, the investigation seeks only to uphold the values and precepts of international humanitarian and human rights law. Given the evidence, it is clear that it is the only credible and independent process available that can get to the truth about what happened. To paraphrase His Holiness, the pursuit of truth, and the realisation of accountability and justice, are the only means by which to lay the foundation for a better future in Sri Lanka—a future where the rule of law and respect for human rights replace the culture of impunity. Without that foundation, it will be virtually impossible to reconcile the different communities on the island, and Sri Lanka will continue to suffer as a result.

In the weeks and months ahead, I therefore call on the British Government to undertake a number of measures. They should urge the Government of Sri Lanka to co-operate with the war crimes investigation by the Office of the UN High Commissioner for Human Rights and engage constructively with the UN Human Rights Council’s concerns about the promotion of reconciliation and accountability. They should also state what the consequences would be if President Sirisena’s Government continued to snub the UN process and reject any criminal investigations that arise from the findings and recommendations of the war crimes report by the Office of the High Commissioner. Given the seriousness of the issue, no measures should be taken off the table, including possible sanctions and travel bans, if Sirisena’s Government fail to comply.

--- Later in debate ---

[Robert Halfon (Harlow) (Con)]

It is a pleasure to serve under your chairmanship, Mr Caton, and I congratulate my hon. Friend the Member for Ilford North (Mr Scott), a near constituency neighbour of mine, on his constant battle to support the Tamil community. He is recognised across the House for that work.

There are not many Tamils in my constituency; I wish there were. I am taking part in the debate because I am from the Jewish faith and believe that it is my duty to help races and nations that have suffered genocide. I believe that there has been a genocide of the Tamils. I define genocide as scientific murder. The Tamils have for decades been demonised and marginalised. They have been imprisoned in camps and annihilated. I commend the UNHCR for its renewed efforts to appraise the situation of the Tamil community in Sri Lanka, especially after last month’s regime change.

I agree that, although the Government might have changed, we should bear in mind some issues of concern that unfortunately remain, and a fundamental issue is the treatment of the Tamil community in the past and now. I will briefly speak about three matters: first, the need for Government recognition of war crimes and a show of willingness towards investigation; secondly, the need to introduce safer regulations for journalists and investigators; and, finally, the absolute necessity to scrap a repressive Act that contributes to the continuing oppression of the Tamil community.

I, along with many other hon. Members, applaud the regime change in Sri Lanka, but we must not sit back and let the current Government repeat the errors of the past. Given the fact that one of the key participants in the Government, General Sarath Fonseka, is an alleged war criminal, and the lack of a constitutional obligation for Sri Lanka to undertake war crimes investigations, there is still a huge way to go. First and foremost, the UNHCR commission must carry on investigating the civil war and exert pressure in whatever way it can on the new Government to pass new legislation on the treatment of war crimes. The actions committed during the civil war could then be appraised by a recognised court.

The continuing oppression of the Tamils, despite a few reforms here and there, is allowed to carry on unpunished because of the difficulty encountered by United Nations teams when they investigate the situation. That must stop, and we need to encourage the new Government to take the initiative on making it stop. I welcome the fact that our Prime Minister has already called for Sri Lanka to co-operate with the Office of the United Nations High Commissioner for Human Rights in Sri Lanka, and President Sirisena should heed that call, as well as signing the Rome statute of the International Criminal Court, to show his Government’s good will on repairing mistakes from the past.

However, the efforts of the new Sri Lankan Government should extend far beyond simple recognition of the horrors on both sides of the war. They should start by improving their record on the protection of journalists. Over the past 10 years, 370 journalists have been killed in Sri Lanka. Of those 370 cases, only 10% resulted in convictions. If Sri Lanka wants to improve its human rights record, it needs to set that straight and ensure that those very people whose mission is to denounce and investigate, to unearth and to expose, are safe enough to allow them to continue as the peaceful policemen of this world. “Je suis Charlie” applies as much in Sri Lanka as in Paris.

[Mark Durkan]

I endorse, exactly, what the hon. Gentleman has said about journalism. In addition to the journalists who have been killed, of course, many others have been attacked and threatened, and many have had to flee. Surely one of the best indicators that Sri Lanka had turned a corner would be for some of those journalists who have had to absent themselves to be able to return.

[Robert Halfon]

The hon. Gentleman, who does so much in Parliament for human rights, is absolutely right. The right of return for Tamils and those who have been oppressed, to live freely, would be the biggest evidence that the regime had really changed.

Finally, and perhaps most importantly, the new Sri Lankan Government need to repeal the terribly oppressive Prevention of Terrorism Act, which allows the police to hold a suspect for 18 months on motives as light as suspicion of connection to unlawful activity. Such a vague and liberticidal law largely contributes to the abuses in human rights and must be stopped. I urge the British Government to harry the Sri Lankan Government on that. I hope that the Minister will respond on that point.

We must encourage the Tamil minority in their struggle for self-determination. As the representatives of a country that has always upheld the values of human life and freedom, we cannot let the new Sri Lankan Government carry on the repression and errors of the past. The Tamils deserve international recognition of the genocide of their people, and I ask the Minister to comment on that. They deserve their right of self-determination, and to be treated equally before the law.