Sri Lanka: UN Human Rights Council

Wes Streeting Excerpts

Tuesday 28th February 2017 Westminster Hall

[James Berry]

As I just outlined, the all-party parliamentary group for Tamils has indeed recognised the progress that has been made, but it is right to scrutinise the areas in which there has been a lack of progress and, as I will explain, a clear policy by the Government of Sri Lanka to undermine one of the key tenets of the resolution. I will come to that in a moment.

We also highlighted areas in which there had not been progress, including the demilitarisation of the north and east and the torture on which the UN special rapporteur has reported in the last few months, but of most concern was the lack of progress on truth-seeking, justice and reparations. In resolution 30/1, the Government of Sri Lanka agreed to a clause that included the words

“the importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defence lawyers, and authorised prosecutors and investigators”.

There been scant progress towards the establishment of that tribunal—the judicial mechanism. I take the point made by the hon. Member for North Antrim (Ian Paisley) that these things take time. Our own child sex abuse inquiry took two years from announcement to set-up. I accept that it takes time to set up a tribunal, and I do not necessarily criticise the Sri Lankan Government for not yet having started to hold hearings; what I criticise them for is not having a timetable for setting up the judicial mechanism. Most importantly, the Government of Sri Lanka—the President, the Prime Minister and other senior Ministers—have made clear comments that they do not intend to involve foreign and Commonwealth judges, prosecutors and defence counsel. They want it to be a purely domestic tribunal. Senior Ministers have also commented that the military will be protected.

[Wes Streeting (Ilford North) (Lab)]

The hon. Gentleman does an outstanding job chairing the all-party parliamentary group for Tamils, as did his predecessor and mine. Further to the point made by the hon. Member for North Antrim (Ian Paisley), who knows probably better than most here the painful and important process of seeking peace, the issue is the Sri Lankan Government’s refusal to adhere to the commitments they signed up to on international involvement in the prosecution of historic war crimes. It is not about the wording of the resolution but about their unwillingness to follow what they signed up to.

[James Berry]

I agree. That brings us to the nub of the issue: the concern that the Government of Sri Lanka intend to turn up to Geneva this week and over the next few weeks to dazzle the international community with a list of clauses in the resolution on which they have made progress and a list of UN conventions that they have ratified, but to weasel out of the justice mechanism by saying that it is all rather difficult and hoping that Sri Lanka will simply drop off the UN Human Rights Council’s agenda and the whole business will be forgotten.

I think that we all understand, from the Iraq historic abuse inquiry and the inquiries in Northern Ireland, that such things are difficult to sell domestically. That is why the scrutiny of the UN Human Rights Council is necessary to show that the international community requires it.

--- Later in debate ---

[James Berry]

I would agree with the hon. Gentleman, were it not that in this case we are not demanding anything of the Sri Lankan Government that the UN Human Rights Council has not already demanded and that they have not already agreed to. We are only trying to get them to deliver what they have already agreed to.

[Wes Streeting]

I am conscious that I may be indirectly having a debate with the hon. Member for North Antrim (Ian Paisley). I understand his point, but the Sri Lankan judicial system is not equipped to investigate and prosecute crimes of this nature. The international mechanism was seen as critical for confidence building, both for the Tamil community in Sri Lanka and for the diaspora around the world. As the hon. Member for Kingston and Surbiton (James Berry) said, the Sri Lankan Government have signed up to this.

[James Berry]

I accept that the immediacy of the terrible situations in Syria and in Yemen will preoccupy the UN Human Rights Council, and rightly so. However, having failed to act in the closing stages of the Sri Lankan civil war in 2009, which may now seem a long time ago but was probably the world’s darkest hour since world war two, it is now incumbent on the international community to ensure that the victims on both sides of that war receive the justice they deserve.

The UN estimate of the number of civilians, mainly Tamil, who died in the closing stages of the civil war between January and May 2009 is 40,000. There is evidence that no-fire zones that the Government encouraged civilians to go to were systematically shelled by Government forces.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)]

It is a pleasure to work under your chairmanship, Mr Gapes. I am pleased to be able to squeeze a word in edgeways in this important debate. May I do as is common but important, and pay tribute to my hon. Friend the Member for Kingston and Surbiton (James Berry) who has brought the debate to the fore? I apologise that the Under-Secretary of State who deals with such matters, my hon. Friend the Member for Reading West (Alok Sharma), is unable to be here but, as has been pointed out, he is in Geneva at the Human Rights Council, having a meeting with the Foreign Minister of Sri Lanka. If there is an excuse to be had, I hope that that one will be accepted.

There have been important contributions to the debate, not least from the former Minister for this area, my right hon. Friend the Member for East Devon (Sir Hugo Swire), who shows not only his interest in and determination to pursue some of the aspects of the matter that he took up when in office but also that we must continue to push forward here today.

Sri Lanka’s co-sponsorship of Human Rights Council resolution 30/1 was a historic moment. It signalled the Sri Lankan Government’s determination to address the legacy of the devastating civil war and to move the country away from division and distrust and towards reconciliation and, indeed, prosperity. Important progress has been made but, as has been highlighted, much more needs to be done. The progress includes increased engagement with the UN, ratification of the convention on enforced disappearances, the start of a process of constitutional reform, the passing of a law to establish an office of missing persons, a nationwide consultation on transitional justice, an improved environment for civil society and human rights defenders, and the return of some of the land held by the military to its civilian owners. Although we should recognise that those are all important developments and that progress was not made under the previous Government, more clearly needs to be done.

Many of the steps that Sri Lanka committed to take under resolution 30/1 are yet to be implemented, as has become clear from the debate. The Sri Lankan Foreign Minister has said that the Government need more time to deliver on the outstanding commitments and my hon. Friend the Under-Secretary will discuss that with him today and encourage the further progress for which we have been calling. That is part of our ongoing policy of support and encouragement to the Government of Sri Lanka to deliver on their commitments.

The UK has played an important role in shining the international spotlight on the human rights situation in Sri Lanka. We were a long-time advocate for the investigation into human rights violations during Sri Lanka’s civil war, carried out by the Office of the UN High Commissioner for Human Rights. The report of that investigation was published in 2015. We also co-sponsored the important resolution 30/1.

[Wes Streeting]

Will the Minister give way very quickly?

[Mr Ellwood]

I will not; I have only a minute and a half. I apologise.

Our efforts continue, and we are now discussing a follow up to resolution 30/1, in partnership with the Government of Sri Lanka and the other countries that presented the original resolution. Our guiding principle in the negotiations will be that Sri Lanka should implement its existing commitments in full. In addition to the work at the Human Rights Council, we have also been encouraging progress in Sri Lanka through high level engagement and programme funding.

In the short time I have available, we need to focus on some key areas. First, there is the constitutional reform that delivers the devolution required to build the foundations for future stability and prosperity. The inclusive consultation process that has taken place is encouraging, and we urge all parties to work together to find a way forward that is acceptable to all communities in Sri Lanka.

Secondly, there are the very important land returns. The UK has consistently called for the release of private land occupied by the military in the north and east of Sri Lanka, and we will continue to do so. Third are the transitional justice mechanisms. We are encouraged by the progress of legislation to establish an office of missing persons but the Sri Lankan Government must now take the necessary steps, including providing funding, to get it up and running. Finally, work is being done on prevention of terrorism legislation, but clearly there is more to be done.

In conclusion, it is clear that bringing about reconciliation and the conditions for lasting peace in Sri Lanka will require a concerted effort from the Government, the Opposition, civil society and everyone who has an interest in supporting a brighter future for the country. For our part, the Government will continue to support and encourage the people and Government of Sri Lanka along that path. We will recognise and welcome progress when it is made and will continue to urge the Sri Lankan Government to deliver in full on their commitments, for the benefit of the people.

Motion lapsed (Standing Order No. 10(6)).