Sri Lanka

Paul Burstow Excerpts

Tuesday 8th January 2013 Westminster Hall

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

May I wish you, Mr Hollobone, and—through you—everybody in this Chamber, a very happy new year? I hope that this debate will mark a small step in the attempts of the Tamil people of Sri Lanka to gain justice.

I called this debate in response to last November’s publication of the United Nations investigation of its handling of war crimes in Sri Lanka, which concluded that the response from the international community to the tragedy of the Tamils was inadequate. According to the internal review, UN staff in Colombo and New York simply did not perceive prevention of the killing of civilians as their responsibility. Despite the International Committee of the Red Cross reporting an “unimaginable humanitarian catastrophe”, the UN suppressed information on casualty figures and hid the Sri Lankan Government’s responsibility for the lives lost. Following intimidation and threats from the Government, the UN unquestionably relocated its staff away from the fighting.

Rather than trying to stop the atrocities, the international community turned a blind eye. Tens of thousands of people were being massacred, yet at the time the international community pretended that it was not happening. Oppression on a barely imaginable scale took place. Thanks to the fearless reporting of a small number of journalists, the truth is out. Channel 4’s documentary, “Sri Lanka’s Killing Fields”, deserves special praise. Anyone who doubts why we need justice should watch that astonishing documentary. The images broadcast by Channel 4 are among the most harrowing ever to appear on television. They showed what the UN special rapporteur on extrajudicial killings concluded was evidence of “definitive war crimes” and what the UN Secretary-General’s panel of experts admitted was

“a grave assault on the entire regime of international law”.

Last year, I nominated “Channel 4 News” for the Nobel peace prize. In my nomination letter, I said:

“By bringing to light the breaches of international conventions by the Government of Sri Lanka in a bold manner and by piecing together numerous forms of evidence in a coherent way, the value of independent journalism to the building of a peaceful global order in the century ahead has been amply demonstrated.”

I want to pay my respects to the amazing Marie Colvin, one of the most astonishing people whom I have ever had the privilege to meet. Marie was a veteran war correspondent for The Sunday Times, and won numerous awards, including best foreign correspondent. She was fearless in her reporting of Sri Lanka’s troubles. In fact, she was so unafraid of getting close enough to find out the truth that, in 2001, she sustained shrapnel wounds to her eyes, chest and arms while reporting from Sri Lanka. In March 2009, I invited her to speak at a meeting of the all-party group on Tamils, which I then chaired, and she was hypnotic. She explained how the Sri Lankan Government tried to prevent reporting of what was going on. They would not allow in independent journalists, but, thanks to her persistence and courage, Marie was able to present evidence that the Government were firing cluster bombs, white phosphorus and rockets on civilian areas, including hospitals and so-called safe zones. She was a trailblazer and a wonderful woman. I was fortunate to meet her on several later occasions, and she made a lasting impression not just on me but on everyone who met her. Unfortunately, she was killed last year while reporting from Syria, where there are many parallels with Sri Lanka. Her death was not only a terrible loss for journalism, but a real blow to those of us who want to know the truth about conflicts that the rest of the international community is happy to keep under wraps. In relation to Sri Lanka, her bravery contrasts with the cowardice of the international community.

As the internal review has proved, the international community knew about the abuses that Marie Colvin put herself in danger to uncover, but it still failed to protect tens of thousands of innocent people. The international community’s weakness shames us all. We now need to deal with that shame. Human Rights Watch has said that although Ban Ki-moon

“deserves credit for starting a process he knew could tarnish his office, he will now be judged on his willingness to implement the report’s recommendations and push for justice for Sri Lanka’s victims.”

The international community was weak in its handling of this tragedy as it unfolded; we should not be weak when it comes to imposing justice after it has happened. No regime in the world should be able to think that if it commits the most heinous crimes, it will be left untouched. The UN has an overriding responsibility to protect that supersedes sovereignty. We should have used the responsibility to protect during the conflict. If we had, thousands of Sri Lankan Tamils would still be alive. We now surely have a responsibility to hold to account a Government who have treated their citizens in such an appalling way. As Amnesty International has said:

“This report is…a wake-up call for UN member states that have not pushed hard enough for an independent international investigation into alleged war crimes… The report clearly illustrates the Sri Lankan government’s lack of will to protect civilians or account for very serious violations. There is no evidence that has changed”.

Responsibility to protect is a concept at the heart of modern international relations. It has three core elements: first, states are responsible for protecting populations from genocide, war crimes, crimes against humanity and ethnic cleansing and from their incitement, but, secondly, the international community has a responsibility to ensure that states fulfil that requirement and, thirdly, the international community—that is us—has a responsibility to use diplomatic, humanitarian and other means to protect populations from those crimes. If a state manifestly fails to protect its population, the international community must be prepared to take collective action to do so. All three pillars of the responsibility to protect were broken in Sri Lanka.

[Paul Burstow (Sutton and Cheam) (LD)]

I congratulate the hon. Lady on securing this debate, and many others in this House on their work campaigning on the terrible and tragic war in Sri Lanka and the abuse and terrible suffering of many Tamils. She raises the issue of international pressure. Sri Lanka will host the Commonwealth Heads of Government meeting in 2013. Does she agree that unless the Sri Lankan Government live up to their promises and start a genuine process of peace and reconciliation, and unless there is an international inquiry, the British Government should not be represented at that summit?

[Siobhain McDonagh]

I strongly support the right hon. Gentleman’s intervention, which I hope to address later.

The UN internal review proved that war crimes and human rights violations took place, but it admitted that UN staff did not think that preventing those killings was their responsibility and that they deliberately suppressed casualty figures. According to the review, when the UN began collating information on casualties the

“reports pointed to the large majority of civilian killings as being the result of Government shelling and aerial bombardment, with a smaller proportion of killings resulting from the LTTE actions.”

However, the UN played down evidence about the scale of what was happening, and the truth was portrayed as propaganda from Tamil Tiger terrorists.

In fact, as outlined by the Secretary-General’s panel of experts on Sri Lanka in 2011, and as we were told by Marie Colvin in 2009, there was systematic shelling of hospitals and civilians by Government forces, as well as restrictions on humanitarian aid and assistance. The panel of experts speaks of “tens of thousands” of casualties—perhaps up to 40,000—and even worse figures are now emerging. The Bishop of Mannar, Rayappu Joseph, has stated that over 146,000 remain unaccounted for, and the former BBC journalist Frances Harrison cites a World Bank estimate of 100,000 people still missing. All that only emphasises the importance of having an independent, international inquiry into the conduct of both sides during the conflict. Credible investigations into war crimes allegations and human rights abuses are a duty under domestic and international law. However, Sri Lanka’s own inquiry, the so-called Lessons Learnt and Reconciliation Commission, has failed completely to provide the accountability required. It has been described as “deeply flawed” by the panel of experts, which has called for an independent, international investigation into war crimes. The LLRC was not independent or international, and our fears about it have been shown to be well founded. Government forces were largely exonerated of culpability. Only military rather than independent courts of inquiry have been established to look into the few abuse cases that were deemed worthy of further consideration by the LLRC.