Sri Lanka: Human Rights

Brendan O'Hara Excerpts

Wednesday 20th March 2024 Westminster Hall

[Brendan O’Hara (Argyll and Bute) (SNP)]

It is a pleasure to see you in the Chair, Dame Maria. I too would like to thank the hon. Member for Carshalton and Wallington (Elliot Colburn) for securing the debate and for the way he opened it. I would also like to thank the hon. Members for Strangford (Jim Shannon) and for Mitcham and Morden (Dame Siobhain McDonagh) for their excellent contributions. As hon. Members will be aware, this House is well acquainted with the issue of Sri Lankan human rights. We have discussed it often because it is important. It should matter not just to us and to the diaspora, but to all who care about human rights, international law, justice and accountability.

However, we have to be realistic. We have debated and highlighted these issues for decades in this place, and yet the situation in Sri Lanka remains largely unchanged; unfortunately, I suspect the community will say they have heard it all before. From a glance at Hansard this morning, I found Russell Johnston, the Liberal MP for Inverness, urging the Government in 1975 to do more to end human rights abuses in Sri Lanka; in 1984, Plaid Cymru’s Dafydd Wigley pleading with the Government not to forcibly repatriate the Tamils to Sri Lanka, given the levels of sectarian violence; in 1985, a very young right hon. Member for Islington North (Jeremy Corbyn), demanding an arms embargo on Sri Lanka due to its appalling human rights record; and, exactly a decade later, the right hon. Member for East Ham (Sir Stephen Timms) asking for those fleeing the regime’s persecution to be granted asylum in the UK. Even at the start of the new millennium, Elfyn Llwyd from Plaid Cymru was urging the cancellation of arms export licences to Sri Lanka following verified reports of extrajudicial killings. On and on it goes: as recently as last December, Members of this House quite rightly and properly raised the hugely important issues of fundamental human rights in Sri Lanka.

If nothing else, we in this House have over many years shown tenacity and resilience. We will appeal once again to the UK Government, as a believer in the rule of law, to use their position and strength to encourage the Sri Lankan Government to finally abide by their international obligations and act in accordance with the accepted international standards of human rights.

As we have heard so often in these debates, Sri Lanka is a founding member of the Commonwealth, and we know that the Commonwealth foundational principles are peace and democracy. By no stretch could Sri Lanka be considered to be a champion of those principles when the Tamil minority, numbering just around 11% of the population, is still subject to human rights violations at the hands of their Government.

In its 2022 country report, the US State Department’s Bureau of Democracy, Human Rights and Labor said that Sri Lanka’s human rights practices included credible reports of unlawful and arbitrary killings, torture, arbitrary arrest and detention, a lack of an independent judiciary, violence against journalists, serious restrictions on internet freedom, restrictions on freedom of movement, serious Government corruption and a lack of accountability for gender-based violence and crimes involving violence targeting members of national, racial and ethnic minority groups. The US State Department concluded that the Sri Lankan Government took minimal steps to identify, investigate, prosecute and punish officials who committed human rights abuses or were engaged in corruption, saying there was impunity for both. By any standard, that is a damning report. If we are honest, though, none of it would come as a surprise to any of us in this House who have watched Sri Lanka’s treatment of the Tamil minority over the years.

From the state’s inception, the Tamil minority has been treated as outsiders in their own land. The Ceylon Citizenship Act of 1948 effectively rendered Tamils stateless, leading to the deportation of many thousands of Tamils to India between the 1960s and 1980s. That was quickly followed by the 1956 Sinhala Only Act, which made Sinhalese the only official language of Sri Lanka, completely excluding Tamil and making it abundantly clear that Sri Lanka’s Tamils, as well as their history, language and culture, had no place in that new country. Given that level of state-sponsored discrimination, it is little wonder there has been such an appalling catalogue of violence and atrocity crimes perpetrated on the Tamil people.

Time and again, Tamils have been the victim of oppression and systematic violence, which dates back to the 1950s and continues to the present day. Violence, including serious accusations of widespread sexual violence, is being perpetrated against women and girls by both the Sri Lankan military and Sinhalese mobs during the numerous anti-Tamil pogroms, which stretch back decades.

[Jim Shannon]

The hon. Gentleman just reminded me in what he said that along with the things that we ask for, we need accountability for those who carried out some of those despicable—and worse—crimes. That ensures that they do not think they are getting away with the crimes that they have carried out and that there will be accountability in the courts of the land. They will get their justice in the next world, but you, Dame Maria, I and many others want to see them get their justice in this world.

[Brendan O’Hara]

I thank the hon. Member for that intervention. He is right, and I will touch on that momentarily.

It is absolutely essential that there is accountability and that people are held to account. We must use what powers we have to ensure that that happens, because various UN bodies, Human Rights Watch and other human rights organisations have long criticised successive Sri Lankan Administrations for failing to investigate seriously and prosecute those responsible for the most grievous of human rights abuses. Amnesty International has identified that despite mounting global pressure to act, those violators have gone scot-free. The issues have remained unaddressed, and groups pressuring the Government to act have been harassed and marginalised.

The hon. Member for Carshalton and Wallington talked about the 1979 Prevention of Terrorism Act. That has been an area of real, grave concern for many of us. The Act has allowed arbitrary arrests, detention without charge, false confession and torture of anyone suspected of terrorism. The Government have used that Act for 40 years to arrest and detain opponents and suppress the Tamil community. More recently, it has been used to detain protesters and anyone speaking out against the Government, even if their comments were made on social media. However, there are now real fears that its replacement, the Anti-Terrorism Bill, may be actually worse, and that the Government’s attitude towards minority groups has not changed one iota.

The Office of the UN High Commissioner for Human Rights has already stated that the new Anti-Terrorism Bill does not get anywhere close to sorting out the defects in the Prevention of Terrorism Act, saying:

“It is deeply regrettable that the proposed legislation does not remedy any of these defects”.

Earlier this month, Human Rights Watch reported on the proposed new laws, which it says will “severely curtail civil liberties”. The new laws, including an Online Safety Act, an Electronic Media Broadcasting Authority Bill and a Non-Governmental Organisations (Registration and Supervision) Bill, will grant broad powers to security forces and severely restrict the right to freedom of assembly, association and expression. They will impact on not only the civic space, but the business environment.

Sri Lanka appears to be going backwards in its adherence to the principles of upholding and protecting fundamental human rights that we hold dear. As the hon. Member for Mitcham and Morden said, that represents a collective failure by the international community. It says that we and our partners have not done nearly enough to pressure the Sri Lankan Government to change their behaviour. Thus far, I believe that we have not used all options open to us. Is it not time that, as well as discussing and debating in this place, and the Foreign, Commonwealth and Development Office persuading and pressuring in its place, the UK actually flexes its muscles where it can? It should apply targeted Magnitsky sanctions against those who can be identified as active or complicit in human rights abuses. Other countries can do it, and other countries have done it. That is the very least that the victims of the war—both living and dead, both here and in Sri Lanka—could and should expect from us.