Sri Lanka

Siobhain McDonagh 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.

[Barry Gardiner (Brent North) (Lab)]

I am grateful to my hon. Friend for giving way and pay tribute to the work that she has done over many years in exposing what has been going on. Does she recall that, in a previous debate on the LLRC, the Minister said that the Government would see what action the LLRC took, and if it were not substantial they would take much stronger action and do precisely what the right hon. Member for Sutton and Cheam (Paul Burstow) said and review again the decision to hold the Commonwealth Heads of Government meeting in Colombo later this year? I hope that we will see such a view reflected in the Minister’s response today.

[Siobhain McDonagh]

I absolutely agree with my hon. Friend. We all have faith in the Minister, and we ask him to take action.

As there is no justice or accountability with the LLRC, what we see instead is a culture of impunity—enforced disappearances, extrajudicial killings, gender-based violence as well as the recent trumped-up impeachment proceedings against the Chief Justice—which is testament to the breakdown of the rule of law in Sri Lanka. Just as we had a responsibility to protect civilians at the time of the killings, so too do we now for ensuring that there is accountability.

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

Does my hon. Friend accept that there are credible reports that torture is routinely being used against the Tamil community remaining in Sri Lanka? Constituents have come to my surgery with clear evidence of torture, which backs up the more widespread reports from Amnesty International and Human Rights Watch that torture is still going on routinely in the country.

[Siobhain McDonagh]

I completely accept what my hon. Friend says about the ongoing torture against Tamils in Sri Lanka. It must be said though that other ethnic groups are also being tortured now.

Without accountability, we are seeing torture, disappearances and killings, yet the Commonwealth Heads of Government meeting is still scheduled to take place in Colombo in November. What sort of message does that send out? The Commonwealth was right a couple of years ago to take away from Sri Lanka the honour of hosting a summit. If it was right to do that then, how can it be right now to let Sri Lanka have that honour when our fears about its Government have been confirmed? Canada has bravely stated that it will not attend the 2013 summit unless significant progress is made on human rights and accountability. Why cannot Britain show the same leadership? Why are we so determined to brush accountability under the carpet, just as the UN did with the evidence of atrocities four years ago?

In November, I wrote to the Prime Minister imploring him to do the responsible thing. I pointed out that the number of people who had been killed in the space of just five months was roughly the same as the entire population of the major towns of his constituency: Witney, Carterton and Chipping Norton. Those poor people were herded into an area smaller than the Prime Minister’s constituency, tricked into believing that it was a safe zone and then relentlessly targeted while the institutions of the international community made a deliberate choice not to help, even though they knew what was happening. I pointed out that Britain’s Tamil community, which numbers more than 250,000 people, is still grieving. I asked what the British Government were doing to ensure that there is justice for Tamils now. In particular, I said that it would send out a terrible message if Sri Lanka were permitted the honour of hosting the CHOGM. I said:

“If a nation had systematically killed every single person you knew in Witney, Carterton and Chipping Norton, raping and murdering in cold blood, I do not think that you would find it acceptable for that Government to host an event as prestigious as a Commonwealth summit, or for our Government to attend… The international community has admitted it failed to help Tamils before, and cancelling the summit will ensure that mistake is not compounded.”

[Mark Pritchard (The Wrekin) (Con)]

I understand the hon. Lady’s concerns, but does she accept that there were human rights violations on both sides of the community in Sri Lanka—certainly during the war and in the immediate post-war period—and that the relationship between the communities has improved in recent years? Secondly, does she accept that hosting the Commonwealth Heads of Government meeting would mean that Sri Lanka had a global audience looking at it, and that that in itself may produce the result that she is looking for?

[Siobhain McDonagh]

I totally disagree with the hon. Gentleman. I am sure that his motivations are entirely good, but he misreads how the Sri Lankan Government interpret representations from foreign Governments. If the Queen were to put her foot on the soil in Colombo it would be regarded as a vindication of the Sri Lankan Government’s actions—and this is at a time when at least 40,000 people are still dying or missing.

[Ian Paisley (North Antrim) (DUP)]

I am startled by the view that if Her Majesty were to put her foot on the soil of Sri Lanka it would be an insult to democracy. Recently, Her Majesty had to shake the hand of the leader of the Provisional IRA in Northern Ireland in an effort to demonstrate that peace happens through process and progress. Sri Lanka should be hearing the message that we are here to help. We should stretch out our hand to Sri Lanka; we should not step on Sri Lanka. I must say that I am amazed by the hon. Lady’s position.

[Siobhain McDonagh]

I am amazed by the hon. Gentleman’s intervention. As he knows, the process towards reconciliation has taken 600 years in Ireland. It is a struggle with which I am well acquainted because of my own family background. Unlike the Sri Lankan Government, the British Government under different parties accepted that there were things that they could and could not do. I accept that there were atrocities and human rights violations on the part of the Liberation Tigers of Tamil Eelam. Democratically elected Governments are always judged to a higher standard.

Let me continue with what I said to the Prime Minister:

“The international community has admitted it failed to help Tamils before, and cancelling the summit will ensure that mistake is not compounded. I believe it is in the international community’s best interests—and the best interests of the United Kingdom, as well as of Sri Lanka—for there to be an independent international investigation into war crimes in order to bring a lasting peace in Sri Lanka after such a long period of ethnic conflict. However, while this continues not to take place, Sri Lanka should not be hosting the Commonwealth summit.”

The response was weak. The Prime Minister himself did not answer my letter, passing it instead to the Foreign Secretary. The reply was very disappointing. First, instead of supporting an international inquiry into Sri Lanka’s behaviour, he said that the Government

“believe that the process of reconciliation has a greater chance of success if investigations are Sri Lankan-led rather than externally imposed.”

He said that the British Government were concerned about the human rights abuses in Sri Lanka, such as

“disappearances, political violence and reports of torture in custody.”

However, what will the British Government do about them? We have not stopped deporting Tamils who are claiming asylum, even though most reasonable people would think that any Tamil who made a big deal about hating the Sri Lankan Government when they were in the UK might be most at risk of disappearance, violence and torture.

[Mr Thomas]

Is my hon. Friend aware of the recent report by Human Rights Watch, which cites examples of a number of asylum seekers deported from Britain and a number of other European countries who were tortured on their return to Sri Lanka?

[Siobhain McDonagh]

I am aware of that report, and I have also read appeal judgments and documents from the Medical Institute for Victims of Torture. I am well aware of some of the cases involved; indeed, some of them involve my constituents or my hon. Friend’s constituents.

The Foreign Secretary said:

“We seek to promote progress through direct lobbying, working with international partners, and funding human rights projects.”

I have to say that it is not very reassuring to learn that the Government’s approach to getting Sri Lanka to behave is to give it more money.

Finally, the Foreign Secretary fails to offer any support for the idea of a boycott of the Commonwealth summit, although he says the UK Government

“believe that the host of the Commonwealth Heads of Government meeting should uphold the Commonwealth values of good governance and respect for human rights. We will look to Sri Lanka to demonstrate its commitment to these values, both now and in the run up to the meeting in 2013.”

I would be grateful if the Minister could expand a little upon that in his response to the debate. In what possible way does he think that Sri Lanka is currently demonstrating “commitment to these values”?

I note that the Minister is going to Sri Lanka later this year. No doubt his presence will be portrayed by the Government there as yet another vindication of their murderous approach. If he wants to ensure that his visit is not another public relations victory for a regime that feels it is immune from accountability for war crimes, will he use his visit as an opportunity to warn his hosts that Britain and the Queen will not be attending a summit that is built on blood? When my right hon. Friend the Member for South Shields (David Miliband) visited Sri Lanka in 2009, he was not afraid to confront the Rajapaksa regime. When the Minister visits Sri Lanka later this month, will he do the same as my right hon. Friend did, or will he have meetings about trade?

[Mr Aidan Burley (Cannock Chase) (Con)]

The hon. Lady mentions the fact that lots of people visit Sri Lanka. May I ask her when she last visited Sri Lanka? She has mentioned lots of second-hand evidence in her speech so far, but when did she last visit Sri Lanka and see for herself—at first hand—some of the things that she is alleging are happening there?

[Siobhain McDonagh]

I have never been to Sri Lanka, but I respect the views of the UN special envoy to Sri Lanka, the UN, the Canadian Government, the Australian Government, the US Government, Human Rights Watch and Amnesty International. Are all of those organisations bogus? Do we not believe anything that any of them say?

[Dr Matthew Offord (Hendon) (Con)]

My hon. Friend the Member for Cannock Chase (Mr Burley) made exactly the same point that I will now make. I do not think that anyone is suggesting that those organisations are bogus, or that the claims of constituents are bogus. We are asking the hon. Lady about her opinion.

[Siobhain McDonagh]

Just as I have not been to Syria, Iran, Iraq, Afghanistan and—it has to be said—most countries in the world, I have not been to Sri Lanka and I determine my views of the country on the basis of the evidence provided by those organisations and by people whom I respect, including the many organisations that I have just named and my own constituents.

In fact, I would like to take this opportunity to give an apology to my constituents because in 2008 and 2009, when they told me that cluster bombs were being dropped on their relatives by a democratically elected Government and that tens of thousands of people were being herded into a tiny area, I did not believe them immediately; it was only when they became more desperate and told me more that I began to believe them. The problem is that too many of the institutions that we respect did not believe them either and did not accept what they were saying, which is precisely why we are in the position that we are in now.

[David Morris (Morecambe and Lunesdale) (Con)]

I can thoroughly understand the hon. Lady’s approach to this whole debate. It is on a very emotive subject, and more to the point there have been atrocities committed on both sides—that is evident. However, I say to her that we are now years ahead from where we were. My hon. Friend the Member for North Antrim (Ian Paisley) is living proof of reconciliation—after 600 years—here in this House.

We should move on. As I say, I understand where you are coming from and I also understand what you have said has happened. I think that everybody in this Chamber accepts that there have been some irregularities in Sri Lanka, to say the least. But we are at a point now where we must move on, we must help Sri Lanka to improve and we must have reconciliation. I have been to Rwanda and I have seen what has happened there. The perpetrators of war crimes there are back in their own communities and being productive.

If you go to Sri Lanka, and I am sure that the Government there will invite you, and probably have invited you already, you will see what progress has been made—

--- Later in debate ---

[Siobhain McDonagh]

Thank you, Mr Hollobone. May I say to the hon. Gentleman that I have never been invited to Sri Lanka? Generally, I do not do international travel in my role as an MP, because I am constituency-focused. I secured this debate, and I have become involved in the Tamil cause, because of the Tamil community in my constituency and because of the information that I have received from them. I have become aware of the despair and distress that they experience. My own experience as someone who is London-Irish—I have Irish parents— is that people cannot just ignore what happened in the past. People cannot just move on and forget, because people do not forget. If we do nothing now, we will say to the next young generation that violent struggle will continue. We must address the issues now, in order to make progress.

[Jeremy Corbyn (Islington North) (Lab)]

I compliment my hon. Friend on her work and I urge her to resist the temptations from the Sri Lankan Government lobby that is in Westminster Hall today and trying to claim that all is well in Sri Lanka when the reality is that it certainly is not. Furthermore, holding the Commonwealth conference in the country would be an endorsement of the Sri Lankan Government’s policies on the Tamil people, and would be extremely damaging to the cause of human rights, to the image of Sri Lanka and indeed to the prospect of a peaceful future for the country.

[Siobhain McDonagh]

I thank my hon. Friend for his intervention and I will obviously take his views on board.

[Mr Thomas]

I am very grateful to my hon. Friend for giving way again. As she knows, I had the privilege of being a Minister in the Department for International Development during the last Government. As a result, I saw the private assessments of the situation in Sri Lanka, the type of which the Minister now has the opportunity to see. What was clear then was the scale of the human rights abuses that were being perpetrated. I do not think that we knew then the level of detail that has come out since, but we certainly knew that the Sri Lankan Government—through their military and paramilitary police, for example—were perpetrating considerable human rights abuses.

That was part of the reason why Britain led in Europe on the withdrawal of the GSP plus trading arrangements—the generalised scheme of preferences—which signalled our concern about human rights. My hon. Friend is rightly demanding that this Government show the same commitment as the last Government in demanding action by the Sri Lankan Government. It is a pity that we have not yet heard cross-party support for the aspiration for our Government to get a bit tougher with the Sri Lankan Government.

[Siobhain McDonagh]

I totally agree with my hon. Friend’s comments. Although I completely understand the duty of any Government—most importantly during a recession—to travel to gain more trade and support, I ask the Minister to consider whether that is appropriate in the case of Sri Lanka.

I say that because the last thing that the international community needs right now, after the failings of the past few years, is for Governments such as our own to put the pursuit of profit ahead of the responsibility to protect. The ongoing humanitarian crisis in Syria and the developing situation in the Democratic Republic of the Congo—two countries that I have never been to—both show why we need to be strong. A credible and robust approach to international relations by the UK, and more widely by the international community through the UN, is vital. When the UN internal review was published in November, Ban Ki-moon said:

“Our obligation to all humanity is to overcome our setbacks, learn from our mistakes, strengthen our responses, and act meaningfully and effectively for the future.”

However, I am very much afraid that the international community would rather move on and pretend that these events in Sri Lanka never happened, just as it turned a blind eye while the atrocities in the country were taking place. If we are not strong now, we will abdicate our moral authority over Sri Lanka. Regimes such as those in Syria and DRC will see that there is nothing to lose and that justice will not be served.

We have a responsibility to ensure that the international community’s failures in Sri Lanka are addressed. Accountability and reconciliation must take place. When the 22nd session of the UN’s Human Rights Council commences next month, our Government should take a lead. The issue of whether Sri Lanka has complied with previous resolutions on accountability and reconciliation should be a priority. The UN’s HRC, with Britain to the fore, must be prepared to take urgent action to initiate credible, independent investigations in Sri Lanka. For the sake of other civilians around the world who are under threat from their own Government, we have a responsibility to be strong. We should tell Sri Lanka in no uncertain terms that we cannot support its hosting the Commonwealth summit while its reputation is under a cloud. We have a duty to protect, and we cannot fulfil that responsibility by continuing to be weak, weak, weak.

[Several hon. Members]

rose—