Sri Lanka

Margaret Ferrier Excerpts

Wednesday 9th November 2022 Commons Chamber

[Elliot Colburn]

I absolutely agree. I am very glad that the Government have decided to support the motion today, so that we can get to work on bringing everyone back around the table, because we have seen so little progress on implementing UN resolutions so far. There is a lot of hopelessness out there, particularly among the Tamil community, that any progress will be made. We need to get on top of this and use our position as a friend of Sri Lanka to do just that. I am grateful to the hon. Member for his intervention.

If I may, I will talk a little bit more about some of the violence and atrocities used during the end of the conflict. Rape and sexual violence against Tamil women and, in some reports, against Tamil men during the final stages of the armed conflict and in its aftermath are also considered to be greatly under-reported. That is according to an investigation by the Office of the High Commissioner for Human Rights into Sri Lanka. Several witnesses have spoken about women being taken away towards the jungle by soldiers, allegedly for sexual abuse, as they crossed over into Government-controlled territory.

An investigation by Human Rights Watch reported on one woman’s experience. She said:

“The army made us strip completely in front of the children. All the women were made to walk around the soldiers in a circle. The soldiers were laughing at us. All the women were then raped in front of everyone. My daughter and I were raped in front of her children. I was raped in front of my grandchildren. After about two hours, the soldiers asked a naked boy and girl, who didn’t know each other, to hug each other at gunpoint. As they hugged due to fear, they were shot in front of our eyes.”

These atrocities did not take place during a medieval skirmish hundreds of years ago; they took place in a Commonwealth country in 2009. Many of my constituents and those of other Members in this place have suffered to this day because of the crimes that they saw or were subjected to. The physical and mental scars are still there. Thirteen years later, these families are still waiting for peace, justice, truth and accountability.

I am pleased that last month the UN Human Rights Council adopted resolution 51/L1 on Sri Lanka, which will extend and reinforce the capacity of the Office of the High Commissioner for Human Rights to collect, consolidate, analyse and preserve evidence that may be used in future war crimes trials. The Sri Lankan Government have rejected this resolution, as they have previously, instead claiming confidence in their domestic mechanisms, which 13 years on from the end of the war are yet to produce any results for the victims of the atrocities. The new resolution certainly is a step in the right direction to achieving justice and accountability, but—with respect—we have had resolutions before. International action at the Human Rights Council on its own is not enough. The resolution falls short of providing a mechanism to truly investigate war crimes and pursue criminal accountability.

Specific resources need to be raised to build cases against those who are accused of war crimes and to prosecute them. Criminal accountability should be pursued by referral to the International Criminal Court. Those who commit war crimes should not enjoy immunity because the state in question is unwilling or unable to prosecute them. Furthermore, the UK should follow other allies around the world, particularly the United States, in introducing a targeted sanctions regime for those who are credibly accused of committing war crimes and human rights abuses in Sri Lanka.

That should include notable Sri Lankan individuals, such as Shavendra Silva, a current army commander. General Silva stands credibly accused of committing war crimes and crimes against humanity during the final phases of the conflict. The accused war criminal was head of the notorious 58 Division during the conflict. In his experience as a commander, he oversaw the unit committing grave violations of international law. Under his command, hospitals were repeatedly bombed and widespread sexual violence occurred, as well as the torture and executions of surrendering Tamils. Eyewitnesses also demonstrated that he was present at the Wadduvakkal bridge, where, according to the available evidence, he oversaw hundreds of surrendering Tamil military and political leaders and their families being subjected to summary execution and arbitrary detention, as well as enforced disappearance.

[Margaret Ferrier (Rutherglen and Hamilton West) (Ind)]

I congratulate the hon. Gentleman on securing this important debate. The implementation of vague laws to facilitate arbitrary arrests and the restriction of movement on citizens is something we see in countries with poor human rights records. Such laws in Sri Lanka make it much harder for those wrongly arrested to challenge detention. Does he share my concern that access to justice is being actively hindered, which leaves activists at too great a risk?

--- Later in debate ---

[Theresa Villiers (Chipping Barnet) (Con)]

I thank my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) for securing this debate and for his powerful opening speech, and it is a pleasure to follow the right hon. Member for Kingston and Surbiton (Ed Davey), who also contributed effectively and powerfully to this debate. I thank, too, the Backbench Business Committee for making the debate possible.

I would like to declare an interest: I am vice-chair of the all-party group on Tamils. Members of the British Tamil community have supported me in many ways, including in assistance with fundraising and making it possible for me to visit the UN in Geneva to make the case for justice for Tamils in Sri Lanka.

Many thousands of Tamils died in the closing months of the terrible civil war, and many are still unaccounted for. The descriptions we heard from my hon. Friend the Member for Carshalton and Wallington were truly harrowing. No matter how often one is told about these appalling episodes of gender-based violence and other sorts of violence, it is still deeply disturbing to hear about them happening in the modern era in a Commonwealth country.

[Margaret Ferrier]

I am deeply concerned about the lack of progress on women’s rights in Sri Lanka: girls can still be married from as young as 12 and women remain second-class citizens, which should not be the case in the modern world. Does the right hon. Lady agree that women need further support in Sri Lanka and this must be our focal point?

[Theresa Villiers]

I do agree. It is a development priority for the UK Government to support the empowerment of women and girls around the world. I hope that Ministers will raise these matters with their counterparts in Sri Lanka.

Families of the disappeared have been protesting for more than 2,000 days, demanding to know what happened to their missing loved ones. The establishment of the Office on Missing Persons looked like such a positive step forward—tangible progress following UNHRC resolutions—but the depressing reality is the OMP has not been able to trace a single person on its list of over 6,000 cases, nor has it clarified the fate of the disappeared in any meaningful way. Such was the conclusion of UN Human Rights commissioner Bachelet. She is also clear that the human rights situation in Sri Lanka is deteriorating. It is not just Tamils who suffer as a result; Muslims have also been targeted, as have Sinhala people who have joined some of the widespread protests about economic failure.

So let no one think that the great questions we are debating today here in the mother of Parliaments are only about legacy, important though they are. The oppressive security apparatus of the Sri Lankan state is still being used to exert control over the country’s citizens. People are still arrested and detained under the Prevention of Terrorism Act, despite the promise made by the Sri Lankan Government in resolution 30/1 seven years ago to repeal it. The military remains entrenched in economic activities across the north and east; it retains control of swathes of land confiscated from Tamils, and senior military figures still hold prominent positions in Government, some of them appointed only in recent years. It is, frankly, astonishing that spending on the armed forces is greater today than at the height of the conflict, outstripping the combined total of the health and education budgets. This must have contributed to the debt crisis in Sri Lanka. In short, the Rajapaksa regime wrecked the economy and, as yet, there seems little visible progress under its successor. So, as Members have already acknowledged, there is a deep crisis in both economic and human rights terms.

In his response to the debate, I hope the Minister will commit the Government to the following actions: first, that they will push strongly in the UN Human Rights Council in Geneva for the Sri Lankan Government to meet the obligations that they undertook in resolution 30/1, and which the Human Rights Council reiterated recently in resolution 51/1. The UK Government have a good record of being the penholder in that process and making a real difference, but they must keep up the pressure in the light of a deteriorating situation. Secondly, in the light of continued failure to bring war criminals to justice, progress must be made on an international mechanism to deliver accountability at last. This issue cannot wait any longer.

Thirdly, the Government must impose sanctions on those figures credibly implicated in war crimes and human rights abuses, as has been the case in countries such as the United States. Fourthly, they must find a way to ensure that any bailout from international institutions be accompanied by rigorous efforts to root out cronyism and corruption in Sri Lanka, and cut the irrationally large military spending budget. Finally, the UK Government must advocate for a new constitutional settlement in Sri Lanka that delivers power sharing and political equality, to meet the legitimate aspirations of the Tamil people to have a real say in how they are governed.

Sri Lanka has a tragic past, as shown by the film “Continuing Cycles of Violence and Genocide in Sri Lanka”. The film was created by members of the British Tamil community and screened here in Parliament at an event I hosted for the British Tamils Forum in July. It is truly shocking to see the recurrent pattern of violence and injustice directed towards Tamils over many decades. However, there are grounds for hope. Recent protests saw people from diverse backgrounds, faiths and ethnicities coming together to demand change and a better future for all Sri Lankans. Let us all in this House and in this Government play our part in helping them reach that historic goal.