Truth and Reconciliation Commission: Sri Lanka

Tom Brake Excerpts

Tuesday 20th March 2018 Westminster Hall

[Paul Scully (Sutton and Cheam) (Con)]

I beg to move,

That this House has considered the establishment of a truth and reconciliation commission in Sri Lanka.

It is a pleasure to serve under your chairmanship, Mr Paisley. I am delighted to be joined by fellow members of the all-party parliamentary group for Tamils. The turnout represents the depth of feeling, particularly among the Tamil diaspora, in our constituencies. Yesterday, I led a debate in this Chamber on cystic fibrosis, which was the first time I have seen it with standing room only. The fact that there are fewer Members here for this debate does not negate its importance. Every Member in this Chamber represents many thousands of members of the Tamil diaspora, who remain concerned about what is happening in Sri Lanka and the Sri Lankan Government’s slow progress in meeting the terms of UN Human Rights Council resolution 30/1, which the Sri Lankan Government co-sponsored.

[Tom Brake (Carshalton and Wallington) (LD)]

I thank the hon. Gentleman for securing this debate. He is right that there is all-party agreement on this issue. Does he agree that one of critical things we need from the Sri Lankan Government is a commitment to the timescales by which they will have delivered the commitments they have made?

[Paul Scully]

I thank the right hon. Gentleman for that intervention. I absolutely agree. One of the things we need to say today is that we are nearly three years into this. Resolution 30/1 has been extended for a further two years, and we are halfway through that intervention. None of us wants to reach an impasse in a year’s time and go back to the UNHRC in Geneva to say, “Okay, guys, what has happened? Nothing.”

When the all-party group spoke to the Minister a little while ago, we said that if we get to this stage and still not much is happening, alarm bells will ring. I remember asking the Minister what the alarm bells meant. The hon. Member for Ilford North (Wes Streeting) and I went to the UNHRC, and there seemed to be a sense that there is not a lot it can do, which is slightly concerning.

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[Tom Brake]

The hon. Gentleman is generous to give way again. Does he agree with me that the Sri Lankan Government have nothing to fear from this? An office for missing persons, for example, or a truth and reconciliation commission, would look at what happened on both sides, which would be of benefit to everybody in Sri Lanka, not only to one group or another.

[Paul Scully]

The right hon. Gentleman makes an absolutely valid point. That is true: implementation is a way of moving forward for both sides, and it needs to move forward.

Under the European Union’s generalised scheme of preferences, Sri Lanka has just received back GSP-plus or most favoured trading status, much to the frustration of our all-party parliamentary group. We all want Sri Lanka to succeed—of course we do: we want the economy to be developed for the sake of all the people of Sri Lanka, Tamils and Sinhalese alike—but none the less the fear is that the pace is too quick and that we are releasing all our levers of influence before having any sense of meaningful progress. Moving things on through a time-bound plan, we believe, is the way forward.

When we were in Geneva, we met representatives of the missions of Germany, Macedonia, Canada, India and the EU mission itself. They all seemed incredibly supportive of keeping the heat on Sri Lanka to ensure that it adheres to the resolution that it co-sponsored. But when we asked what would actually happen when we got to next year, the answer was really a bit of a shrug of the shoulders: they could come up with another resolution, or the UN Security Council might be another way to do something, although that is a very different arm of the UN—a very different instrument. Going down that route would get us into a whole other dynamic of geopolitics. We are talking about human rights, not necessarily security: two separate issues.

What other avenue does the UNHRC have? I fear that there is not one, so we have to look at the validity and purpose of the HRC. It needs to be seen to be effective, because otherwise the institution itself is undermined. That might result in situations in which people feel that they can do what they want. Again, to return to somewhere such as Burma, if it can do something without any punishment, any repercussions or a forward view, why not do what it wants to do? What is needed is for the international community to be able to act, and to be able to act effectively.

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[The Minister for Asia and the Pacific (Mark Field)]

I congratulate my hon. Friend the Member for Sutton and Cheam (Paul Scully) on securing this debate. I pay tribute to his passionate commitment to Sri Lanka, which predates his arrival in this House, although since then he has been an energetic leader as the chairman of the all-party parliamentary group for Tamils and on a range of issues in Burma too, as discussed.

Needless to say, I am also grateful for the attention and commitment of the other Members present: the right hon. Members for Enfield North (Joan Ryan) and for Carshalton and Wallington (Tom Brake), and the hon. Members for Ilford North (Wes Streeting) and for Strangford (Jim Shannon). I will try to respond to all the points made.

Let me offer my condolences to the families and friends of those who were killed in the recent intercommunal violence in Sri Lanka. Right hon. and hon. Members will know that that violence was not Sinhalese-Tamil, but Sinhalese against other communities, and it came in the immediate aftermath of highly contested local elections. Inciting violence in the name of religion or ethnicity clearly has no place in any civilised society. We support the Sri Lankan Government’s swift action to bring the violence to an end, but equally we implore the authorities properly to respect human rights in doing so.

We welcome the ending of the state of emergency that was announced yesterday morning, but we urge the Sri Lankan Government to ensure that there is an independent judicial holding of the perpetrators of that violence to account. Those events are yet another reminder of the continued importance of rebuilding trust and mutual respect between the communities and of the potentially tragic cost when that does not happen. The establishment of a truth-seeking commission is and always was an essential part of that process. I would like to update the House on Sri Lanka’s progress on reconciliation and on the UK’s action bilaterally and within the international community to support that process.

Sri Lanka’s co-sponsorship of Human Rights Council resolution 30/1 as long ago as October 2015 was a truly historic moment. It was, at least verbally, a strong commitment to address the legacy of its long-running and devastating civil war, a commitment subsequently extended by two years last year in resolution 34/1. In co-sponsoring those resolutions, Sri Lanka pledged to establish a commission for truth, justice, reconciliation and non-recurrence, to sit alongside other mechanisms as part of a comprehensive truth and justice process. The UK, understandably and rightly, enthusiastically supported those resolutions. It is right to say that the Sir Lankan diaspora in this country—disproportionately Tamil as it is, for obvious reasons, rather than Sinhalese—on all sides was very much in favour and made that plain to the UK Government.

We remain absolutely committed to the full implementation of those resolutions as the single best way to secure the lasting reconciliation and peaceful future that are in the interests of all Sri Lankans, and which they so richly deserve. There has been some small recent progress, but in all candour I must tell the House that it has been slower than we would have anticipated or liked. An office of missing persons is close to being operational and has appointed seven commissioners. The Sri Lankan Government have passed a law to prevent and criminalise enforced disappearances. I understand that a draft law to establish an office of reparations has been approved by the Sri Lankan Cabinet. I also understand that draft legislation for a truth-seeking commission—an important part of this whole process—has been prepared, drawing upon the work of a country-wide consultation taskforce.

[Tom Brake]

The Minister may be about to come on to this, but in the UK’s pressure on the Sri Lankan Government, what have the UK Government been saying about when they want the truth and reconciliation commission to be established?

[Mark Field]

I will come on to that, but when I visited Sri Lanka last year, that was the No. 1 priority—to discuss exactly what progress was being made, what the stepping stones were and, in legislative terms, what the difficulties or delays were. That is very much in mind, and obviously it is in the mind of our high commissioner in Colombo in his regular interactions with members of the Sri Lankan Government.

The legislation is under review, given the consultation that has just taken place, and is not yet publicly available. We hope to have progress on that shortly. I very much hope that it can proceed without further delay, together with work to establish the planned judicial mechanism, on which there has also been regrettably little progress.

This week marks the first anniversary of resolution 34/01. The UK will lead a statement at the Human Rights Council in Geneva tomorrow on behalf of the core co-sponsors: Macedonia, Montenegro, the United States and the UK. The statement will review Sri Lanka’s progress against its commitments following the update report to be presented tomorrow by the High Commissioner for Human Rights.

It would probably not be appropriate for me to pre-empt the final wording of the co-sponsors’ statement here, but I expect that it will reflect our assessment that: first, Sri Lanka is safer and freer now than it was in 2015; secondly, it continues to engage constructively at times with the international community; and thirdly, it has the opportunity to advance towards long-term, sustainable reconciliation. However, the statement will also make it clear that the pace of progress has been disappointingly slow and that much remains to be done, including on the implementation of transitional justice mechanisms, of which the truth and reconciliation commission is an important part.

I will touch on the point on the GSP-plus, which the right hon. Member for Enfield North made. I recognise the concerns that she raised and would like to make it absolutely clear that, although there has been progress and we have allowed some recognition of the efforts that Sri Lanka has made so far, I would not want the Sri Lankan Government to be under any illusion that being allowed to go for the GSP-plus somehow gets them off the hook. We feel that is an entirely acceptable position.