UNHRC resolution against SL disappointing as no recommendation to refer to ICC for criminal accountability – Labor MP

by Sujeewa Nivunhella in London

Labor MP Siobhain McDonagh (Mitcham and Morden) said the UNHRC resolution against Sri Lanka disappointingly falls short as there is no recommendation to pursue criminal accountability by referral to the International Criminal Court.

“I could barely believe my eyes reading the Government’s reasoning, citing “insufficient…Security Council support”. Who are we to cast the veto for China or Russia before they have done so themselves? Our role on the international stage must be to send the loudest message that impunity will not be tolerated, not to preempt the inaction of other nations”, she said during the House of Commons debate on UK’s commitment to Reconciliation, Accountability and Human Rights in Sri Lanka, on March 18.

“Why have we not applied sanctions against those credibly accused of gross human rights violations? The US has designated General Silva and his immediate family over his role in extrajudicial killing of Tamils. It is an immediate step that we could take and the Minister cannot point to a veto as an excuse for our inaction. We must ensure a coherent approach to aid, trade and diplomatic and military engagement with Sri Lanka, consistent with the international obligations to human rights. That is long overdue”, he said.

She further said that human rights are under attack in Sri Lanka again, with President Rajapaksa waging a campaign of war. Many of those who face serious wartime abuse allegations have been appointed to senior Government positions. Members of the Rajapaksa family hold nine ministerial roles, including seven Cabinet posts, and manage almost a quarter of the budget. It is total control. President Rajapaksa even pardoned one of the few members of the security forces to be convicted of human rights violations, Sergeant Sunil Ratnayake. That was unsurprising, given his stated determination to protect so-called war heroes during the presidential campaign.

McDonagh said this House notes with concern the reports of a systematic attack in Sri Lanka on democratic governance, the rule of law and human rights including renewed discrimination against the Tamil and Muslim communities; is profoundly concerned that the Sri Lankan Government has refused to investigate accusations of war crimes including by key members of the current government and has withdrawn from the UN Human Rights Council Resolution 30/1; welcomes the significant leadership role played by successive UK Governments at the Human Rights Council and urges the Government to provide clear policy direction and leadership to ensure a new substantive resolution is passed at the upcoming Council session in March 2021 that will enable continued monitoring by the Office of the High Commissioner for Human Rights and mandate a mechanism to gather, preserve and analyse evidence of violations for future investigations and prosecutions; and calls upon the Government to develop a consistent and coherent policy to assist the Sri Lankan people through its trade, investment and aid programs, and in its diplomatic and military relations.

The current Prime Minister, Mahinda Rajapaksa, was President and his brother Gotabaya, the current President, was Defence Secretary. They are the present-day link to the atrocities of the past. The bombing of the Government-designated no-fire zone, where Tamil civilians took refuge, is as utterly horrifying today as it was 12 years ago, as are the findings of experts that Government forces even systematically shelled hospitals, she alleged.

The pursuit of justice must now move decisively forward with more sincerity from the international community. The Human Rights Council meeting happening now provides the perfect opportunity. Before turning to today’s resolution, it is important to consider the resolution that came before. Passed in 2015, with the consensus of Sri Lanka, it promised the establishment of a process of justice, accountability, reform and reconciliation, but six years on, Sri Lanka has made it clear that it has absolutely no intention of pursuing prosecutions or legal redress for war crimes. Its withdrawal from the process altogether could not have spelled this out more clearly, the MP noted.

The little progress made has been rolled right back. The ongoing Human Rights Council meeting is our chance to finally secure progress, making it clear that a country cannot fail to fulfill international commitments. To do so risks undermining the credibility of the council as a mechanism of accountability, she continued.

“This is not just about the human rights of Tamils: the Rajapaksa Government even insisted on the forced cremation of those who died from coronavirus, thereby disregarding the religious beliefs of the Christian and Muslim communities in the country. The ongoing attack on human rights is undeniable. As we are a penholder to the UN resolution, the world will watch closely the strength of our response”, he added.

Elliot Colburn (Carshalton and Wallington) (Con) [V] said the recent infringements on human rights have been on the rise. Those have included the forced cremations of covid-19 victims, regardless of their religious beliefs, causing grief and anguish to Sri Lankan Christians, Muslims and others. The police criminal investigation department has been repeatedly visiting members of advocacy groups on the island who are campaigning for justice following the disappearance of their family members during the war.

“We must act now, before the conclusion of the UNHRC session at the end of the month, to ensure that there is a true international accountability mechanism in place. Only then can we hope to bring about truth, justice, reconciliation and accountability for all in Sri Lanka, as well as for the Tamil diaspora—not just in Carshalton and Wallington, but across the world”, the MP said.

Dr Matthew Offord (Hendon) (Con) [V) urged the Sri Lankan Government to engage in a process that has the confidence of all on the island. But it would be remiss to state that the current Sri Lankan Government have failed to act. The Office on Missing Persons and the Office for Reparations are to be retained and strengthened, so that communities may build trust. It will be good to see reform of the Prevention of Terrorism Act and progress on the release of political prisoners.

The Minister for Asia (Nigel Adams) said human rights in Sri Lanka are an important issue and a long-standing priority both for the UK Government and for many fellow Members. This debate is timely, coming during the 46th session of the UN Human Rights Council, which began on 22 February. The human rights situation in Sri Lanka and the limited progress on reconciliation and accountability raised by many Members are deeply concerning, he said.

The Sri Lankan Government announced a domestic mechanism on accountability. As with previous domestic initiatives, however, meaningful progress has yet to be delivered. There have also been a number of setbacks on accountability, including the appointment into Government positions of military figures accused of war crimes.

As the Member for East Ham (Stephen Timms) pointed out, they also include the presidential pardon of former army sergeant, Sunil Ratnayake, one of the few perpetrators of war crime atrocities to have been convicted in Sri Lanka, the Minister noted.

Other worrying human rights developments include the continued harassment and surveillance of minorities and civil society groups, he added.

MPs Robert Halfon (Harlow) (Con) [V], Theresa Villiers (Chipping Barnet) (Con),

Tanmanjeet Singh Dhesi (Slough) (Lab), Bob Blackman (Harrow East) (Con) [V],

Chris Grayling (Epsom and Ewell) (Con) Sam Tarry (Ilford South) (Lab),

Anthony Mangnall (Totnes) (Con) and Stephen Kinnock (Aberavon) (Lab) also spoke during the hours-long debate.