The British House of Commons held an adjournment debate on the subject of “Justice for Tamils” last week, where the Chair of the All Party Parliamentary Group on Tamils urged the British government to push for an international investigation into allegations of war crimes.

Speaking at the House of Commons last week, MP Lee Scott also called for a strengthening of the proposed UNHRC resolution, “to send a clear message to the Sri Lankan Government”.

The resolution was passed the next day with 25 member states voting in favour of the resolution, 13 against and 8 abstaining.

In response, the Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs Alistair Burt, said,

“All international resolutions of this kind are composites, and are put together in a manner designed to create the greatest possible support for them. That sometimes means a degree of compromise on language. The United Kingdom felt that the most important thing was that the demonstration of a significant number of countries with concern about Sri Lanka was better than having a motion that some might have felt unable to support. We wanted to give a clear indication, as we gave last year, of the importance of these issues to many nations, which is why the resolution is drafted in the terms it is. We think it is still firm and meaningful.”

“The text reflects widespread concern that, in simple terms, the Sri Lankan Government, having won a brutal war, are not winning the peace.”

Burt faced serious criticism from Diaspora groups after recording a video interview on the beaches of Mullivaikkal, where tens of thousands of Tamils were massacred in the final few days of the armed conflict in 2009.

The Minister was also slammed after visiting Vanni earlier this year, accompanied by a heavy Sri Lankan security presence, who recorded Tamil civilians talking to the Minister.

Burt responded,

"When I was in Sri Lanka, in the northern area, it was noted that I was not alone. I was accompanied not only by UK officials and officials from the high commission, but by a significant military presence, some uniformed and some non-uniformed. It is not uncommon for a Minister visiting someone else’s country to be protected and supported by the military in those areas, and I raise no issue about that. I felt safe, and it was only appropriate for the Government to do that. However, the extent of military involvement was noticed by others, who were keen to pick out the non-uniformed individuals who were there, which raises a significant matter."

Our observation is that military intrusion in the north is significant. There are too many stories of people in the area who, if they speak to non-governmental organisations or western journalists, are immediately interrogated by non-uniformed military personnel, and an oppressive sense of intrusion was reported by those who were able to report it."

"People commented on my visit and said how foolish I was. They said, “Don’t you know that no one will be able to speak to you honestly?” Trust me, Mr Deputy Speaker, I knew that full well, and I made no judgment in relation to what was said to me. However, my going on that visit, on which people could see how I was treated, made, I think, its own point, and I would ask that in future perhaps there would not be quite as much intrusion. That is something that needs to be recognised in the area."

Extracts from the debate have been reproduced below. Read the full Hansard text here.

Mr Lee Scott (Ilford North) (Con): 

At the end of the conflict, many babies and young children disappeared. I fear that I know what happened to them, but their relatives in the diaspora and in Sri Lanka deserve some answers. I have asked the high commission for those answers, and the Minister might be interested to know that it contacted me yesterday, after many months, asking to meet me. I would be happy to do that, as long as it will answer the questions that I and Members in all parts of the House have been asking for many years. We want meaningful answers and we want justice.

I was recently honoured to speak at a United Nations conference on this issue in Geneva. I issued the same apology that I gave the House tonight, not because I feel that this was my fault but because although I and Members of all parties in the House raised the matter with the Government of the day when it was happening, we should all, alas, hang our heads in shame that nothing was done to try to stop the loss of life. Now the United Nations has admitted that it let people down, and that the defences were not in place to stop the atrocities happening.

Different numbers are cited, but we are talking about tens of thousands of innocent people. Those are numbers that we just cannot comprehend. I cannot comprehend innocent women and children being taken out and shot. I cannot comprehend it because it is just not in our psyche; it is not how we would behave and we are not used to seeing others behave in that way. I cannot comprehend the fact that decades after the liberation of the camps following the holocaust, women and children would again be sent to camps. And God forbid that I ever should be able to comprehend it.

I am asking for a meaningful international investigation to be carried out. It is not for me to apportion blame, but somebody is guilty. Somebody committed those atrocities, and people must be brought to justice. Until that happens, it will be difficult to talk about reconciliation and peace. The extra-judicial and arbitrary killing of civilians has continued, people have disappeared, people have been raped and whole areas have been resettled. It is not me saying that; it is the United Nations saying it.

I had hoped that there would have been some accountability by now, but I fear that the Government of Sri Lanka are trying to fudge the issue. They appear to be saying, “It’s not me, guv.” Over the decades, we have heard people saying that they were only obeying orders. We all know what that is an echo of, and it is unacceptable.

To achieve that, I know there is a motion going forward at the United Nations in Geneva, either as we speak or tomorrow. I would like to see that motion made stronger. I know that it is not a motion being put by the Government of Britain. I have every confidence that we will support the motion, but I would like to see it strengthened so that the Sri Lankan Government are held to account.

I must raise the issue of the Commonwealth Heads of Government meeting that is due to take place later this year. I know that the Government have made no decision on that, but I ask the Minister to look very carefully at whether the Sri Lankan Government are fit to hold such a meeting. My view is that I do not believe they are.

In 12 months’ time, I do not want to be having the same debate in the same Chamber about the same tragedy of innocent people being killed. I want the journey along the road to reconciliation, the road the justice, to begin. If that is to happen, however, various issues need to be addressed.

I could read out a long list of all the matters that need to be investigated, but I am not asking the British Government—my Government—to investigate those matters. I am asking for an international investigation. I do not believe that there is any chance that the Sri Lankan Government will investigate themselves, and I have great fears about that, because I think that there will be a fudge. If, as the Sri Lankan Government have said, they are not guilty of anything, they have nothing to fear from an international investigation, because that will be its finding. I was told that they would not want Britain to be involved in such an investigation, but there is no need for Britain to be involved. There are many countries in the world that could conduct the investigation; it does not need to be conducted by Great Britain.

I will end my speech shortly, because I want to give the Minister an opportunity to respond to some of the questions that I have raised, but let me first make a few requests. If the United Nations motion could be stiffened— and it may be too late—it would send a clear message to the Sri Lankan Government, which would be extremely helpful. I also think that we should think very seriously about our attendance at the Commonwealth Heads of Government meeting in the autumn.

However, the most important point is that, for the sake of the thousands and thousands of women, men and children who have lost their lives, we cannot just stand by and do nothing. I know that we have tried to do something, and I know that the Minister cares passionately about this. I am merely asking whether we can go that little bit further, in order to secure justice for people who are no longer alive to secure justice for themselves. That, surely, is the duty of this Parliament.

The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt):

Let me reply to my hon. Friend’s query by saying that all international resolutions of this kind are composites, and are put together in a manner designed to create the greatest possible support for them. That sometimes means a degree of compromise on language. The United Kingdom felt that the most important thing was that the demonstration of a significant number of countries with concern about Sri Lanka was better than having a motion that some might have felt unable to support. We wanted to give a clear indication, as we gave last year, of the importance of these issues to many nations, which is why the resolution is drafted in the terms it is. We think it is still firm and meaningful.

The text reflects widespread concern that, in simple terms, the Sri Lankan Government, having won a brutal war, are not winning the peace.

At present, our view is that a number of key LLRC recommendations have not been tackled at all, or have been tackled in name only.

First, the military presence in many areas may be less invasive than at the end of the conflict, but armed forces continue to occupy significant areas of civilian land, which are now classified as high-security zones or military cantonments.

Secondly, military involvement in civil and commercial activities has reduced in some areas, but involvement in reconstruction work, and in the wider economy, including the tourism sector, remains widespread and a source of tension.

When I was in Sri Lanka, in the northern area, it was noted that I was not alone. I was accompanied not only by UK officials and officials from the high commission, but by a significant military presence, some uniformed and some non-uniformed. It is not uncommon for a Minister visiting someone else’s country to be protected and supported by the military in those areas, and I raise no issue about that. I felt safe, and it was only appropriate for the Government to do that. However, the extent of military involvement was noticed by others, who were keen to pick out the non-uniformed individuals who were there, which raises a significant matter.

Our observation is that military intrusion in the north is significant. There are too many stories of people in the area who, if they speak to non-governmental organisations or western journalists, are immediately interrogated by non-uniformed military personnel, and an oppressive sense of intrusion was reported by those who were able to report it.

People commented on my visit and said how foolish I was. They said, “Don’t you know that no one will be able to speak to you honestly?” Trust me, Mr Deputy Speaker, I knew that full well, and I made no judgment in relation to what was said to me. However, my going on that visit, on which people could see how I was treated, made, I think, its own point, and I would ask that in future perhaps there would not be quite as much intrusion. That is something that needs to be recognised in the area.

One area not adequately covered by the LLRC is justice, or accountability, for the alleged violations of international humanitarian law by both sides in the war... The independent, thorough and credible investigations into alleged violations that the UK and many other countries have called for have not taken place.

A transparent, independent, Sri Lankan-led investigation with full access to witnesses would be a significant step in delivering justice. If Sri Lanka is unable or unwilling to deliver that, the calls for an international alternative will only increase.

In November, the Commonwealth Heads of Government meeting is scheduled to take place in Colombo and, whatever the formal agenda, and whoever attends, the spotlight will be on Sri Lanka, and it will either highlight progress or focus attention and pressure on the lack of it. As my hon. Friend said, our attendance has not been decided. We look to Sri Lanka to uphold Commonwealth values, including on good governance and human rights.

The Sri Lankan Government have in CHOGM an opportunity to demonstrate their commitment to Commonwealth values and progress in carrying out the actions necessary for long-term reconciliation and stability.