Tamils Rights: Sri Lanka

Ranil Jayawardena Excerpts

Tuesday 15th September 2015 Westminster Hall

[James Berry]

Yes.

For the reasons I just mentioned, it is small wonder that many Tamil people have little faith in the Government to convene a fair and impartial justice mechanism.

The second objection to a domestic inquiry is that Sri Lanka is not a signatory to the Rome statute; its domestic laws do not cover a number of the international laws that were breached by both sides, credible evidence of which is found in the 2011 UN report. So, as a bare minimum for a domestic mechanism, Sri Lanka’s domestic laws must cover each and every law that was breached; again, the UN has found credible evidence for those breaches in its new report, which is due to be issued tomorrow.

The third objection to a domestic inquiry is the lack of confidence of witnesses to come forward. A number of the witnesses who the UN spoke to, both when it prepared its new report and when it prepared its report in 2011, only spoke to it on condition of strict anonymity. Many Tamil victims of and witnesses to human rights abuses have fled the country and been granted asylum in countries such as the UK and Canada because of the fate they suffered in Sri Lanka. They would fear returning to Sri Lanka to participate in a tribunal where the prosecutors and indeed the witness protection, if there was any, were to be provided by the Sri Lankan Government.

Moreover, international human rights groups and charities have recently published reports detailing worrying ongoing human rights abuses in Sri Lanka. A number of these groups and charities exist in the UK. Freedom from Torture, a British charity, produced a report in August that cited evidence of human rights abuses since the ceasefire. So, between May 2009 and this year, there is evidence that the Sri Lankan military, police and intelligence services have practised torture, including rape and extensive burning. So, what confidence can witnesses have in coming forward in a perceived climate of fear, especially when it is believed that witnesses who have come forward previously have suffered as a result?

I recognise that there appears to be little appetite among the UNHRC members at its current summit for a fully independent justice mechanism. That is obviously disappointing, but perhaps it is unsurprising given how tight the vote was back in 2014 for an independent investigation. If it really is the case that there is no international appetite for an independent inquiry, it is probably right that there is little to be gained by Britain going out on a limb. Nevertheless, I ask the Minister to do what he can to ensure that the justice mechanism is a robust one, preferably with UN involvement both in the prosecution and the judicial tribunal.

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

Does my hon. Friend agree that Britain can add a lot of value to this process, even if it is at arm’s length, because of our experience in Northern Ireland, which is a similar conflict between two sides that hold different views but whose views must be equally and fairly taken on board in any resolution ahead? Such a process should come from within a political process, as has been the case in the past in Northern Ireland and as seems to be happening in Sri Lanka, in terms of a unity Government.

[James Berry]

I thank my hon. Friend for that intervention. During a number of years, there have been repeated failures by the Sri Lankan Government to put in place a credible process. That is why it is important that, whatever comes out of the current UNHRC session, robust procedures are put in place, so that whatever system is arrived at, the UN strictly monitors it and can return to the UNHRC if the stages, expectations and benchmarks are not met. Simply leaving matters to the Sri Lankan Government after this long history of, frankly, their taking no action whatsoever is not an acceptable way forward.

--- Later in debate ---

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

I do not suggest for a minute that it is not right to learn lessons. It is right to learn lessons from anyone’s experience in business, in one’s personal life and, indeed, in government. That is why I referred earlier to the British Government’s experience in Northern Ireland. There are many things that they might have done differently or, in hindsight, might never have done. Importantly, the peace process in Northern Ireland came from within.

[Wes Streeting (Ilford North) (Lab)]

Will the hon. Gentleman give way?

[Mr Jayawardena]

Let me make a little progress and then I certainly will. It is important that the unity Government has been formed in Sri Lanka, because it allows for a sense of everyone having a seat at the table and the opportunity to have their say. Importantly, it allows everyone to be heard.

I do not believe that anyone present is saying that war is pretty. It certainly was war, and things might well have been done differently on both sides.

I welcome what my hon. Friend the Member for Kingston and Surbiton (James Berry) said about the importance of keeping distinct the work that his all-party group is doing to champion the rights of Tamil people and its opposition to the terrorism of the Liberation Tigers of Tamil Eelam. Let us not forget that it was the LTTE, which I accept no one here supports, who perfected the suicide belt and were the first to use women as suicide bombers. Those are disgusting acts that no one present would support; indeed, I am sure that everyone would condemn them.

The vast majority of people in Sri Lanka, on both sides, wanted peace. They never wanted the war, so it is important that we move forward and learn the lessons of the past in whatever way we can. It is important to be fair to both sides.

[Wes Streeting]

I have family who suffered at the hands of the Royal Ulster Constabulary and through the misconducts and misdeeds of the British Government over many years, but is the hon. Gentleman seriously comparing the British Government’s involvement in Northern Ireland with the appalling acts of brutality and war crimes committed by the Sri Lankan Government? I find that unbelievable.

[Mr Jayawardena]

I am making the point that it is possible to learn lessons. It is possible for the British Government to have learned lessons, and it is right that the Sri Lankan Government learn lessons about their past. The hon. Gentleman is right to make that point, but I am not suggesting that the two are one and the same. Nevertheless, the point about learning lessons is important.

In the interests of time, I will say very briefly that it is important that any future work is fair to both sides, and that there is not a witch hunt on either side. People in Northern Ireland have entered into the democratic process, which is absolutely right; that is the direction in which I believe Sri Lanka needs to go.

There is a part to play for the Foreign Office in ensuring more trade and investment between our country and Sri Lanka, because as the latter becomes a more prosperous nation, it is possible—indeed, it becomes easier—for everyone to work together and share in prosperity. That is the way to make sure that Sri Lanka goes from strength to strength while ensuring that lessons are learned from the years that have passed.

--- Later in debate ---

[Mr Swire]

I tend to look at things more positively. If I may continue, my hon. Friend will hear some of my points in support of what the Government in Sri Lanka are seeking to do. They have our full confidence.

[Mr Jayawardena]

I thank the Minister for what he has said. I, too, should draw Members’ attention to my entry in the Register of Members’ Financial Interests. On trade and investment, to which my right hon. Friend referred, does he agree that prosperity will bring the country together as one? We should ensure that everyone has opportunity in Sri Lanka.

[Mr Swire]

My hon. Friend is entirely right. I very much welcome the plans to twin with Jaffna and so forth. When I was up there, it was clear that, rather than the diaspora returning funds to the Northern Province, Jaffna or the Tamil areas, they should make micro-investments and create businesses. Tamils are fantastic businessmen. The diaspora should invest back into their own country, in the safe knowledge that they will be secure to grow businesses there. There need not be dependence on remittances, but on the micro-economy, growth and jobs. That is what we want.

A vital part of the reconciliation process must be credible proposals that meet international standards to address the four key principles of transitional justice, namely, truth, justice, reparations, and guarantees of non-recurrence. I was therefore pleased that Foreign Minister Mangala’s address to the Human Rights Council included such plans. We now need to work with the Sri Lankan Government and our partners in the Human Rights Council to understand Sri Lanka’s plans in more detail and to agree a consensual resolution that sets out a clear framework for delivery. That will of course include plans for delivering justice and accountability.

I appreciate why many in the Tamil community have called for a purely international accountability mechanism, but we have been clear for a long time that a credible domestic mechanism that meets international standards is the best way to build a stronger, more inclusive and prosperous society. In practice, that means: an appropriate legislative and judicial framework for prosecutions to take place; an international element that enables it to meet international standards; guarantees of effective protection of witnesses; and an agreed follow-up mechanism to monitor progress. That is the only way in which any process will gain credibility, critically with all Sri Lankan people and with the international community.

My hon. Friend the Member for Kingston and Surbiton referred to allegations against senior public figures in Sri Lanka. As I have stated previously, we should not pre-judge the conclusions of the UN report. Once the report is published, however, it will be important that its findings are acted on in full, in a credible manner and in line with international standards.

My hon. Friend also referred to recent allegations of human rights violations. We take such allegations extremely seriously. We have repeatedly lobbied the Sri Lankan Government about human rights violations in the past and continue to do so. I discussed the issue of disappearances with Foreign Minister Mangala and with the head of the International Committee of the Red Cross, Peter Maurer, in Geneva yesterday. I am pleased that they have agreed to work together to establish an office on missing persons, in line with internationally accepted standards. I am also pleased that the Foreign Minister committed to begin issuing certificates of absence to the families of those who have disappeared, which is an important first step towards dealing with the terrible situation of the missing, which my hon. Friend described.

As regards asylum and human rights applications from Sri Lankan nationals, together with my colleagues at the Home Office, we keep our asylum policy for all countries under regular review, taking into account all available evidence. Applications are carefully considered on their individual merits in accordance with our international obligations. Individuals who can demonstrate that they face a genuine risk of persecution or ill-treatment in Sri Lanka are granted protection. In an individual case, when people raise material issues about the safety of their return, the Home Office will review it.