Sri Lankan Tamils and Human Rights

Martyn Day Excerpts

Tuesday 5th December 2023 Westminster Hall

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

I beg to move,

That this House has considered Sri Lankan Tamils and human rights.

This story has a long and tragic history, and I am grateful to colleagues across the House who are here today and to those who work with the all-party parliamentary group for Tamils. I am also grateful to the British Tamils Forum, which plays a key role in supporting the APPG and has been working hard over the past 14 years to raise awareness. It has certainly helped in awakening my consciousness to the plight of the Tamils.

Since independence in 1948, there has been an appalling catalogue of massacres of the Tamil people, starting in 1956 with the Inginiyagala massacre and continuing right up until recent times. Generations of oppression have been suffered by the Tamil people—events that still haunt the survivors, with a cycle of violence and genocide that is sadly ongoing.

Forty years ago, in July 1983, a mass anti-Tamil pogrom broke out in Sri Lanka, during which an estimated 3,000 Tamil people died and 150,000 were made homeless. During the pogrom, Tamil homes and businesses were targeted, with buildings looted and burned and widespread violence. As well as the cost to lives, what has come to be known as Black July led to the loss of approximately 8,000 Tamil homes, more than 100 industrial plants, more than 5,000 Tamil shops and what is estimated to be over $300 million in wealth.

The events of July 1983 proved to be one of the catalysts for the decades of civil conflict that followed. However, the pogrom itself was the culmination of decades of anti-Tamil policies and anti-Tamil violence in Sri Lanka, the seeds of which, if we consider the history, were sown back in the island’s colonial era.

From the Ceylon Citizenship Act in the 1940s, which left many Tamils stateless, to the deportation of many thousands of Tamils to India between the 1960s and the 1980s, as well as the 1956 “Sinhala only” Act, which recognised Sinhalese as the sole official language, replacing English and excluding Tamil, it is clear that for Sri Lanka’s Tamils their history is one of disenfranchisement, deportation and policies that discriminate against their community’s language and culture. Black July was therefore not an isolated event; it was part of a wider picture of persecution and the cycle of violence.

It is an event that continues to scar Sri Lankan society to this day. Many Tamils in the UK will have arrived here after fleeing the 1983 conflict and will remember the events and violence keenly. In Sri Lanka, the pogrom had a devastating effect on the Tamil community, leading not only to the loss of thousands of innocent lives, but to the massive displacement of Tamil families who were forced to flee their homes, as well as causing injury and psychological trauma.

In 2009, under the pretext of fighting terrorism, the Sri Lankan Government killed thousands of Tamils, including children. They were sent to a small strip of land designated as a safe zone, where they were then bombed. Those atrocities were evidenced by satellite photographs. Furthermore, since the Easter Sunday atrocities in 2019, we have still not seen anybody brought to justice, despite the intelligence warnings of the attacks.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

The experiences that the hon. Gentleman describes are very well known to many of the Tamil constituents I am lucky enough to represent. Sri Lanka’s Prevention of Terrorism Act is still in force today and is used arbitrarily as a means to discriminate against and intimidate the remaining Tamil community in Sri Lanka. Does the hon. Gentleman share my view that it is high time the British Government took more decisive action to put pressure on the Sri Lankan Government to end the use of that Act?

[Martyn Day]

The hon. Member and I are on exactly the same page; I will come to that section of my speech shortly. I agree wholeheartedly with his comments.

The scars are deepened by the fact that, years later, the Sri Lankan Tamil communities are no closer to getting any meaningful accountability or justice for the terrible pogroms. Many of the institutions and laws that enabled the violence remain in place today and are still responsible for humans rights violations. Concerns remain about Sri Lanka’s police force and armed forces, and there are allegations that they abuse their power by surveilling and harassing human rights activists. I have heard directly from Tamils that the outcome of Sri Lanka’s Lessons Learnt and Reconciliation Commission was that the victims were further victimised by the Sri Lankan armed forces.

Concerns also remain about the laws that enable human rights violations. The Prevention of Terrorism Act, which the hon. Member for Harrow West (Gareth Thomas) asked about, has enabled the detention of political prisoners for long periods since it was enacted in 1979. It was used to detain the 53 prisoners at Welikada prison who were subsequently killed during a terrible flashpoint in the Black July pogrom that has come to be remembered as the Welikada prison massacre. The Prevention of Terrorism Act was used to arrest state opponents. Although it may now be repealed, there are fears that its proposed replacement, the Anti-Terrorism Bill, may be worse, and that the Government’s attitude towards human rights activists has not altered at all.

Meanwhile, domestic attempts at accountability for the events of 1983 appear to have failed. In 2002, the Presidential Truth Commission on Ethnic Violence published its report criticising the Government for failing to hold perpetrators to account and for failing to appeal for restraint during Black July. The report recognised the pogrom as a violation of Tamil human rights and recommended compensation for the victims. However, its recommendations have never been properly implemented and not a single perpetrator has ever been prosecuted.

The Sri Lankan Government are now implementing another truth and reconciliation commission. However, concerns remain that it will provide no route to accountability or proper witness protection mechanism, and that it will not cater to the victims’ needs or adhere to international standards. I am grateful to the Sri Lankan high commission for providing me with a briefing update on reconciliation. It will take me some time to fully digest and consider the points made in it, but I highlight one of the first sections, on the Office on Missing Persons, which states:

“The Tracing Unit found 16 persons alive, and confirmed 3 deceased as of November 2023.”

Let me put that into context. It is believed that some 18,000 Tamils were handed over to the army. What happened to the rest? Where are they? What records exist to tell us? Despite the global pressure, Amnesty International has found:

“Serious human rights violations committed during the internal armed conflict remained unaddressed. Families of people forcibly disappeared continued to seek truth and justice.”

The UK Government know and recognise those facts. The Foreign, Commonwealth and Development Office’s 2022 human rights and democracy report noted that the

“The Prevention of Terrorism Act (PTA) was used to detain Sri Lankans for long periods”

and that the UK

“continued to call on the government of Sri Lanka to replace the PTA with human rights compliant legislation.”

The report also noted:

“Security forces faced accusations of serious human rights violations.”

The Government concluded:

“There has been little credible progress on transitional justice”

before promising that the UK

“will continue to advocate for improved protection of human rights in Sri Lanka.”

[Fleur Anderson (Putney) (Lab)]

I congratulate the hon. Member on securing this important debate. Many of my constituents concur with the concerns about human rights violations, including access to clean drinking water. Does he share my concern about reports that the Sri Lankan Government have refused to allow independent assessments of water quality in northern Sri Lanka? Does he agree that the Sri Lankan Government must ensure that all citizens of that region, who are mostly Tamils, have access to clean drinking water, and that anyone affected by contamination be provided with medical care and compensated adequately? It is a little-known but very important human rights violation.

[Martyn Day]

The hon. Member is correct that it is a little-known violation, and she has educated me in making that point. I concur with her assessment. As is often the case, it is the poorest who are most disadvantaged in these situations.

As a broad statement of intent, the Government’s position is welcome. However, the UK could and should go further. The Sri Lanka Campaign for Peace and Justice has called for the Sri Lankan Government to repeal the Prevention of Terrorism Act and withdraw the Anti-Terrorism Bill to ensure that all anti-terror legislation adheres to international standards; to establish independent mechanisms with prosecutorial powers to hold police, armed forces and Government Departments to account for human rights abuses; to incorporate Black July and other root causes of the ethnic conflict into its public education system; and to work with the Tamil community and international experts to find a real political solution to the ethnic conflict that is acceptable to Tamils on the island.

I urge the UK, as a United Nations member state and an ally of Sri Lanka, to do more to support the calls for accountability, justice and human rights protections so that there might be lasting peace and reconciliation. The exact numbers are unclear, but according to a United Nations panel, more than 100,000 people, including 40,000 civilians, may have been killed during the conflict. Ultimately, there must be a right to self-determination for the Tamils. Everyone should be able to live without fear and according to their customs and traditions.

There is much that could be done. I look forward to hearing the Minister’s response to this debate; I hope that he will consider officially recognising the atrocities that have been committed as genocide and will look at introducing sanctions against the known perpetrators who have escaped being held to account, denying justice to the victims. Canada and the US have already sanctioned some war criminals. It is high time that the UK did the same.

[Ed Davey (Kingston and Surbiton) (LD)]

The hon. Gentleman gets right to the point in suggesting that the UK Government should copy what Canada and the United States have done. Does he share my concern that we need greater openness and transparency about the role of the current Foreign Secretary? Before his appointment, the Foreign Secretary was known to be lobbying for Port City Colombo, and he has done a lot of work with China and Sri Lanka. Does the hon. Gentleman agree that we need a lot more openness so that we can know that the British Foreign Office is taking this issue seriously and is listening to Parliament and British Tamils?

[Martyn Day]

I agree entirely. I am grateful to the right hon. Member for making that point, which fits nicely with some of my comments on other aspects.

The UN High Commissioner for Human Rights has recommended that states, including the UK, sanction key perpetrators of human rights abuses such as General Silva and other alleged perpetrators in Sri Lanka. By sanctioning individuals who are responsible for perpetrating crimes against the Tamils, the UK Government would support UN and US action in demonstrating that alleged perpetrators of mass atrocities are not welcome in the UK. Recently, the PM’s trade envoy went to Sri Lanka. Encouraging trade without demanding human rights gives the wrong signal to the world. We should be using our influence more effectively.

I hope that September 2024 will see the UN Human Rights Council resolution, which is due to expire, replaced with a new and stronger resolution. Does the Minister agree that that should include referring the issue to the UN General Assembly with the object of achieving a mechanism to bring the perpetrators to justice and achieve a permanent political solution? If we are serious about safeguarding the Tamils in Sri Lanka, the legacy of disenfranchisement, deportation and discrimination must be replaced by the principles of peace and democracy.

--- Later in debate ---

[Martyn Day]

We have had a very consensual debate with Members from all parts of the House speaking, which shows the strength of feeling that crosses normal political divides.

It is quite clear that far more needs to be done than has been done to date. Although I am grateful for the Minister’s response, the fact that the UK Government are concerned and will call on Sri Lanka to deliver on its promises just does not cut it. We have heard all that before. We really need further action, particularly on sanctions, and we need to ensure that there is international scrutiny of the reconciliation process. That is vital to getting any long-term solution. Unlike South Africa, where a minority were the oppressors of the majority and then power changed, Sri Lanka has a very different dynamic and it clearly needs international scrutiny.

Question put and agreed to.

Resolved,

That this House has considered Sri Lankan Tamils and human rights.