Human Rights on the Indian Subcontinent

Siobhain McDonagh Excerpts

Thursday 15th September 2011 Commons Chamber

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

The civil war in Sri Lanka was one of the region’s most dreadful conflicts of recent times. In its last five months alone, 100,000 people were killed, 40,000 of them civilians. War crimes took place. The United Nations found serious violations of international humanitarian law, and the European Commission described

“Unlawful killings perpetrated by soldiers, police and…groups with ties to the Government”.

Earlier this year, Channel 4 screened a devastating documentary using video film from victims and perpetrators that proved, according to the UN rapporteur, “definitive war crimes”. It showed hospitals and so-called safe zones being targeted for bombing, people executed in cold blood and at point-blank range, and soldiers joking about women who had been sexually assaulted and shot dead as they piled their naked bodies on the backs of lorries. I commend Channel 4, and reporters such as Jonathan Miller, for continuing to investigate the harrowing story.

Even after the war, more than 300,000 Tamils were held in camps, and although most have been released, the International Crisis Group says that they were sent to places that were

“devoid of the most basic amenities.”

Many still live under canvas, and 3,000 are still in “rehabilitation” camps, held without charge and without any access to legal help. Sri Lanka’s military continue to control civilian life in Tamil areas, including aid, and routinely steal Tamil property for use by military personnel and their families.

The President of Sri Lanka, a probable war crimes suspect, has taken on enormous powers over the judiciary and policing, limiting the courts’ ability to prevent abuses of civil rights. The Elders, an international group, has condemned Sri Lanka for

“persecution, intimidation, assassination and disappearance of government critics, political opponents, journalists and human rights defenders.”

Independent overseas reporters are not permitted. As the International Crisis Group says,

“Reconciliation after long periods of conflict never happens quickly. But in Sri Lanka there is a serious risk it may not happen at all.”

Sri Lanka’s Lessons Learnt and Reconciliation Commission consists of people who supported the Sri Lankan Government’s actions during the civil war. The Government say of the LLRC’s job that

“what happened in the past must be relegated to history”,

although, as the UN stresses,

“not to hold accountable those who committed serious crimes...is a clear violation of Sri Lanka’s international obligations and is not a permissible transitional justice option.”

Gordon Weiss, the former UN spokesperson in Sri Lanka, has said:

“This is Sri Lanka’s Srebrenica moment. In fact, it’s a Srebrenica moment for the rest of the world.”

I agree. The world must say to other Governments that there is nothing to be gained from taking the Sri Lankan option of brutal repression and war crimes.

The last UK Government, thanks—to be fair—to the leadership of my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), brought an end to GSP plus, the generalised system of preferences that led to a preferential trading agreement between Europe and Sri Lanka, voted against the International Monetary Fund’s $2.5 billion deal with Sri Lanka, and prevented it from hosting a Commonwealth summit. Britain must not lose that lead. Elsewhere, Switzerland and Germany have just forced Sri Lanka to recall a senior diplomat after accusations that he made troops fire on civilians and took part in torture and summary executions. However, another man implicated in similar crimes, Major-General Prasanna Silva, has just been appointed a military attaché to the UK. I call on the Minister to reassure the House that he will not permit Major-General Silva to serve here. I want Britain to prove its place at the head of the international community, and I hope that the Minister can enable it to do so by removing this man’s diplomatic privileges.

Britain must take a brave and principled lead—just as we did in Kosovo and, with France, in Libya—and do all that it can to ensure that a full independent international investigation of war crimes takes place. Those of us who believe in justice want the people responsible to be held to account, just as all of us would agree about Colonel Gaddafi, Radovan Karadzic and Charles Taylor. We cannot allow the international community to slip back to the cosy days of 2009, when the UN disgracefully ignored calls for a war crimes investigation, or when the Secretary-General spoke of Sri Lanka’s “tremendous efforts”. Sri Lanka still wants to host the Commonwealth summit in 2013. We should be clearly saying “No, not until there is a fully independent, UN-led international inquiry.” I hope that if one thing comes out of today’s debate, it will be that commitment.

--- Later in debate ---

[James Wharton]

My hon. Friend is of course right, and that is why I started my speech by talking about the value of human rights and their importance objectively, but that does not mean that the context in which we comment on other countries is not important, and that is what I want to discuss in my closing remarks.

That campaign having ended, we must acknowledge where Sri Lanka is and where it is going; where it is today and where it is going tomorrow. It is all too easy to be consistently critical of others who fall short of the standards that we may choose to set for them ourselves, but we should not do so without acknowledging where progress is being made. The end of the campaign has brought great benefits to Sri Lanka. We have seen the eradication of terrorism on the island, and elections are taking place in the north and east, as those areas join what is becoming a mature democracy throughout the rest of Sri Lanka.

[Siobhain McDonagh]

Does the hon. Gentleman think that democratically elected Governments should be held to a higher standard than any other group or institution in society? Does he think that it is legitimate for a democratically elected Government to drop cluster bombs on hospitals?

[James Wharton]

No, I do not. The hon. Lady will be unsurprised to hear that I do not believe that it is legitimate for a Government, whether democratically elected or not, to drop cluster bombs on hospitals. As I conclude my comments, however, I shall turn to the issue of reconciliation—what is being done, what must be done, what should be done and what we all would like to be done—in Sri Lanka.

First, I shall comment on some of the positive results of the conclusion to a three-decade-long civil war that claimed so many lives. The right to dissent and to freedom of expression in the north and east is now stronger than it had been for the preceding 30 years. De-mining operations are starting to make real progress in clearing up the hundreds of thousands of landmines and unexploded ordnance that litter the Sri Lankan countryside. The British Government are making a contribution to that work through DFID, the Mines Advisory Group and the HALO Trust, clearing up about 100,000 landmines and unexploded ordnance throughout the country.

The rehabilitation and re-homing of former LTTE combatants and of displaced people is well under way. Some 300,000 were displaced by the conflict, but only about 6,000 are now left in the welfare camps, because they have been given the opportunity, facilitated by the work of the Sri Lankan Government, to go home. The reconciliation and accountability that is such an important part of Sri Lanka moving forward has begun. The LLRC, although it has come in for some criticism today, has not yet given its final recommendations, and we should reserve judgment until it reports. Only recently, the Sri Lankan Government have approved a national action plan for the development of human rights that will, I hope, be implemented over the coming years, so that we are able to judge them on its success.

A lot of progress still needs to be made. We must not be an uncritical friend of Sri Lanka’s, but we must be a friend of Sri Lanka and of the Sri Lankan people. I hope that the House will support that.