Sri Lanka (Human Rights)

Debate between Virendra Sharma and Andrew Love

Wednesday 22nd February 2012 Westminster Hall

[Mr Sharma]

We all welcome such a move, but later in my remarks I will argue that people are suspicious about such tribunals and also about the commission’s inquiries.

[Mr Andrew Love (Edmonton) (Lab/Co-op)]

Is not it of some concern when the army is investigating itself, and was not the LLRC report meant to be the report that went into all the issues that people were concerned about? That is the failure in this instance, and we need to address it in this debate.

[Mr Sharma]

I thank my hon. Friend for that intervention. I agree with the point that he raises.

For more than two years, Sri Lanka maintained that it pursued a “humanitarian rescue operation” in the final stages of the war, with a policy of “zero civilian casualties”. Not until August 2011 did the Sri Lankan Defence Ministry concede for the first time that Government forces caused civilian deaths, but they took no responsibility for violating the laws of war. Indeed, the LLRC was appointed by President Rajapaksa only in the wake of domestic and international pressure to deal with issues of wartime accountability.

From its inception in May 2010 to the release of its long-delayed report in December 2011, the LLRC has shown that it is not fit for purpose. According to the UN panel of experts on Sri Lanka, the LLRC failed to satisfy international standards for independence and impartiality; it was compromised by its composition and the deep-seated conflicts of interest of some of its members. The UN panel stated that the LLRC mandate was

“not tailored to investigating allegations of serious violations of international humanitarian and human rights law, or to examining the root causes of the decades-long ethnic conflict”.

In essence, it was a “deeply flawed” accountability mechanism.

The concerns that I have set out have only been reaffirmed with the publication of the LLRC report. The LLRC’s conclusions on the prosecution of the conflict contradict many of the findings of the UN panel of experts, with Government forces largely exonerated of any culpability for alleged atrocities. In the light of that, many countries, including the United States, Canada and Australia, as well as international non-governmental organisations, have criticised the LLRC’s failure adequately to address the allegations of war crimes.

The British Government have stated that

“many credible allegations of violations of international humanitarian law and human rights law, including from the UN panel of experts report, are either not addressed or only partially answered.”—[Official Report, 12 January 2012; Vol. 538, c. 21WS.]

They say that the LLRC report does not provide a serious and full response to the evidence of the UN panel, the UN special rapporteurs or the “Sri Lanka’s Killing Fields” documentary. Indeed, following the broadcast of that programme last June, the British Government stated that if Sri Lanka did not respond positively to the findings and recommendations of the UN panel report and the concerns of the international community, they would support calls to

“revisit all options available to press the Sri Lankan government to fulfil its obligations”.