Tamils Rights: Sri Lanka

Siobhain McDonagh Excerpts
Tuesday 15th September 2015

(9 years, 1 month ago)

Westminster Hall
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James Berry Portrait James Berry
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I mentioned just one of the recent reports—the one from Freedom from Torture—but a number of them show ongoing and serious human rights violations that must be dealt with at the Human Rights Council. A credible system must be in place for investigating this issue. It cannot simply be swept under the carpet because we are considering something that happened at the beginning of 2009. I thank the hon. Gentleman for his intervention.

Siobhain McDonagh Portrait Siobhain McDonagh (Mitcham and Morden) (Lab)
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On that point, the evidence given to the Freedom from Torture report and to the UNHRC—the hon. Gentleman has referred to it—showed 148 post-conflict incidents of torture. A third were from voluntary returners from the UK to Sri Lanka. Worryingly, in 11 of those cases, the Sri Lankan army and police had surveillance information available on their involvement in politics in the UK. Eight of those cases were since January, with one as late as June. The idea that the problem is historical is clearly not the case. I suggest that Home Office policy on asylum for Tamils should take that on board.

James Berry Portrait James Berry
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The hon. Lady is noted for her work in this area. I have read the report, and it is worrying. What is most worrying about it is that human rights abuses are continuing, with two as recent as June. The problem has not been solved by the change in presidency in January. I urge the Minister to ensure that that is considered at the Human Rights Council as well.

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Siobhain McDonagh Portrait Siobhain McDonagh (Mitcham and Morden) (Lab)
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I want very briefly to make some constructive suggestions on how the international component of any mechanism looking into what went on in Sri Lanka could work. It is crucial that tomorrow’s report represents the beginning of international action on behalf of Sri Lanka’s victims, not the conclusion of the issue. If the international community, including the UK, fails to fulfil its role in providing international oversight, perpetrators of war crimes and continued human rights abuses will never be brought to justice.

Such international pressure could include the following recommendations, all made by the International Truth and Justice Project Sri Lanka. First, a special envoy for human rights in Sri Lanka should be appointed to go beyond the offering of technical assistance alone. Secondly, the protection of witnesses must be ensured to internationally accepted standards. Thirdly, the forthcoming Office of the UN High Commissioner for Human Rights report should be referred to the prosecutor of the International Criminal Court for further action. Fourthly, the Secretary-General’s special representative on sexual violence in conflict and the special rapporteur on torture should be pushed to visit Sri Lanka and initiate a special inquiry into rape and sexual violence. Finally, Sri Lankan police and military involvement in UN peacekeeping missions should be suspended.

We cannot let limited national mechanisms fail to provide the victims of inhumanity with the fairness and justice that they truly deserve. As a silent war against historical and ongoing human rights abuses continues, the international community can and must do more.

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Lord Swire Portrait Mr Swire
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If the Home Office gave asylum to everyone who perceived danger, the asylum policy would be in a mess, as the hon. Member for Ilford North (Wes Streeting) said it was—which it is not. We have to make judgments case by case. We have been reviewed regularly and withstood such reviews, so our policy is robust. Incidentally, as I discussed again in Geneva yesterday, there are of course still problems in the police and the armed forces, and the new Government need to come to terms with that, but I genuinely believe that they will stamp out any human rights abuses. We need to understand that there has been a sea change in Sri Lanka. We need to get behind the new Administration.

Siobhain McDonagh Portrait Siobhain McDonagh
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Will the Minister give way?

Lord Swire Portrait Mr Swire
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No, I will continue, if I may, for the last minute or so.

My hon. Friend the Member for Kingston and Surbiton correctly pointed out the significant social and economic challenges in Sri Lanka. I saw those at first hand when I visited in January. I reiterated to the Government of Sri Lanka our commitment to help in tackling those challenges.

Fundamental to helping ordinary people get back to normal lives are demilitarisation and the return of military-occupied land in the north and east, which I discussed with Minister for Resettlement Swaminathan and President Sirisena during my visit to Sri Lanka in January; with the Chief Minister of the Northern Province, Justice Wigneswaran, most recently during his visit to London in July, when I met him for the second time; and with Governor Fernando of the Eastern Province yesterday in Geneva.

Given the importance of those issues, I was encouraged by the replacement of military governors in the north and east with civilians, by the return of land to a number of war-displaced Tamil families, including by President Sirisena last month, which—