Sri Lanka: Human Rights

Mike Gapes Excerpts

Thursday 7th July 2016 Commons Chamber

[Wes Streeting]

The hon. Gentleman is a long-standing champion in this House of highlighting the persecution of Christians and demanding, quite rightly, that the issue gets greater Government focus and attention. Although a smaller religious minority in Sri Lanka, the Christian population is there none the less and also faces human rights abuses that must be recognised, tackled and dealt with effectively.

The Sri Lankan civil war ended in May 2009 and lasted some 26 years. It was primarily between the LTTE—the Tamil Tigers—and the Sri Lankan Government army. It is estimated that up to 100,000 people were killed during the course of the bloody conflict. In 2009, the then Foreign Secretary, David Miliband, described the brutality in the north of the country as a “war without witness”. Since the conclusion of the civil war, so much of that witness testimony has come forward. In my constituency surgery, I have been horrified by the descriptions of what people have suffered, and I have met constituents who bear not only the mental scars, but the physical scars of that conflict. Serious allegations of human rights abuses have been made by both sides of the conflict, including allegations of murder, sexual violence, torture, disappearances, the use of civilians as human shields and the use of child soldiers. Mines were used in the conflict, although many have been removed since the war ended. Many of the people at the top of Sri Lankan society—Ministers, military leaders, and figures in the judiciary and in wider civil society—are suspected of being complicit in many of the atrocities that took place.

[Mike Gapes (Ilford South) (Lab/Co-op)]

As my hon. Friend knows, there are more Tamil constituents in the south of our borough than in the north. But we also have Sri Lankans living in London, and in other parts of Britain, who have come from the other communities. It is important that in this process we try also to get reconciliation in the diaspora. Does he agree that one way to bring that about would be if the Sri Lankan Government could guarantee that people from the UK, or elsewhere in the world, from the diaspora who wish to go back to visit their place of birth or their family will be protected? There is enormous fear, for understandable reasons, among many people living in this country that things will happen to them or to their relatives if they do return.

[Wes Streeting]

I certainly agree with my hon. Friend and neighbour about that. One thing I find encouraging about the Tamil and Sinhalese population in my constituency is that a number of events are held throughout the year where they come together. That is the spirit of reconciliation we need to promote, not just in the diaspora, but in Sri Lanka. We are pushing for a process of truth, justice and reconciliation. Indeed, in the 2009 speech I mentioned earlier, David Miliband told this House:

“How the conflict is ended will have a direct bearing on the prospects for long-term peace in the country. The Government there must win the peace as well as the war.”—[Official Report, 30 April 2009; Vol. 491, c. 1050.]

Members in the Chamber this afternoon will be aware that the closing weeks and days of the Sri Lankan civil war were among some of the most brutal and bloody, and certainly the Government of Rajapaksa gave very little encouragement that we could find that process of truth, justice and reconciliation. The election of President Sirisena last year offered some hope that there would be an opportunity for Sri Lanka to move forward, as he pledged both reform and reconciliation. I acknowledge that progress has been made under that Government, but what I will set out this afternoon is the fact that the demands of the UN Human Rights Council resolution passed in October 2015 are not yet being fully implemented. The progress being made by the Sri Lankan Government is too slow. Many of the public statements made by senior Government figures are directly contrary to the demands of that resolution, particularly in respect of international involvement in the prosecution of historical alleged war crimes.

That resolution set out judicial and non-judicial measures needed to advance accountability, reconciliation, human rights and the rule of law. It was very encouraging that the Sri Lankan Government co-sponsored that resolution and that it passed unanimously. Although the resolution did not go as far as many of us would have wanted, the compromise was worth while, in binding the Sri Lankan Government to that resolution. That is why we must make sure that it is delivered to the letter.

Although it should be acknowledged that some initial progress has been made, with the release of civilian land and the establishment of an office of missing persons, the update produced by the Human Rights Commissioner last month shows that there is still much more progress to be made if the resolution is to be met and justice is to be obtained. Much more needs to be done to speed up efforts to investigate missing persons and to provide confidence to their families that the search is serious. The UN working group on enforced or involuntary disappearances ranks Sri Lanka as the country with the second highest number of disappearances in the history of its tenure,

The Sri Lankan Government must also do more to improve transparency and communication in relation to their consultations, having promised to engage in broad terms in national consultations and created a consultation taskforce on reconciliation mechanisms in February 2016. Progress in this area has again been slow. The taskforce has not yet begun regional consultations, which, given the nature of the geography and the demography of Sri Lanka, are absolutely essential, and the UN special rapporteur on transitional justice has criticised the process. Indeed, there are many people in the diaspora, including those in my constituency and, I suspect, in other constituencies, who want their voices to be heard and who also deserve to have their say in the consultation process.

It is also worth noting that those consultations that have taken place, for example on the creation of the Office for Missing Persons, have been short and their findings not shared with the public. Instead, in this particular case, they were shared only with a small number of civil society groups, which were given just two weeks to respond. Given the gravity of the issues being discussed, that is wholly unsatisfactory.

The delay in the implementation of the UN Human Rights Council resolution has to be addressed if confidence in the process is to be maintained. This afternoon, there are three key areas to which I wish the Minister to respond. First, there is the issue of international involvement in the prosecution of war crimes. Despite agreeing to

“the importance of participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorised prosecutors and investigators”,

public statements have been made by the President and the Prime Minister of Sri Lanka stating that the judicial process will be domestic with no foreign or international involvement, which is wholly unacceptable. It is completely contrary to the resolution that was passed and the resolution that the Governor of Sri Lanka set up.