Melissa Parke (Fremantle, Australian Labor Party) Share this | Hansard source

Since my motion on Sri Lanka was listed, I have been contacted by a number of people within the Australian Sri Lankan community and have met with the Sri Lankan High Commissioner. In each case, concern has been expressed to me that this motion would unfairly criticise the Sri Lankan government or that it would give undue support to the LTTE at a time when Sri Lanka is seeking to move beyond what has seemed to be a permanent cycle of violence. So let me say at the outset that I welcome the end of hostilities in Sri Lanka and that I am not speaking tonight in support of the LTTE, which has been rightly condemned over the past 28 years for its acts of terrorism and brutality.

The points I wish to make in raising this motion before the House are quite simple. The first is that the United Nations, as the world’s paramount unilateral organisation, must always be given the scope to perform its role. The second is that, in my view, lasting peace can be built only on a foundation of truth and reconciliation and through a transparent process of restorative justice. As the Secretary of the Australia-Sri Lankan Parliamentary Friendship Group, it is in the spirit of openness and friendship that I speak to this motion. I am aware that these are sensitive issues, yet if we did not speak of issues because they are sensitive we will always be turning away from the matters of principle and conscience that offer whatever hope there is in human progress, in progress towards greater global cooperation, understanding and peace. I commend the statement made by Australia’s Minister for Foreign Affairs in this place on 12 May when he said that in the Sri Lankan government’s moment of military victory it must show humanity and self-interest to win the peace.

According to reports, there are now almost 300,000 displaced Tamil people in desperate situations in government camps. Last week, the UN High Commissioner for Human Rights called for unrestricted humanitarian access to the displacement camps and for an independent and credible international investigation into allegations which have consistently surfaced in the course of the fighting regarding serious violations of international humanitarian and human rights law on the part of both sides. I am advised that the UN agencies are still not being granted full access to the displacement camps. As someone who has worked in humanitarian operations for the United Nations, I say clearly that all restrictions on the access and effective work of UN agencies, the ICRC and humanitarian NGOs in displacement camps must be removed to ensure that adequate medical, food and other basic assistance can be immediately provided. As the UN High Commissioner for Human Rights noted, this will make the difference between life, illness or even death to many.

There is also some semantic disagreement on whether those in the displacement camps are being detained or are simply prevented from leaving for their own safety pending the separation of LTTE combatants from civilians and pending the appropriate remediation of the conflict zone. It is to be hoped that the government will quickly allow freedom of movement to the vast majority of people within the camps who do not pose a security threat and that it will establish a transparent process for the demobilisation of former LTTE fighters in accordance with the Geneva convention and other accepted international standards.

The most sensitive issue of all is the question of war crimes. That is true not just in this conflict but throughout recent human history. I doubt that there has ever been or ever will be a crimeless war. As a matter of principle, all countries should have the courage and confidence to allow a fair examination of their military conduct and to give justice where crimes against international law are committed. In the fight against terrorism, democratic governments distinguish themselves by the standards they uphold.

In this conflict it is alleged inter alia that the LTTE prevented civilians leaving the conflict zone, forcibly conscripted minors and other civilians for military purposes, used civilians as human shields and fired upon fleeing civilians. It is also alleged inter alia that the Sri Lankan army used heavy artillery indiscriminately in areas where civilians were known to be located, that it shelled hospital clinics and that it killed LTTE members who had surrendered or who were trying to surrender. These are serious claims and, despite the suggestion from both sides that such allegations are nothing more than propaganda, there is enough evidence and testimony to merit an impartial investigation of the claims. The very best antidote to suspicion and distrust is transparency and truth.

In his recent visit to Sri Lanka, the UN Secretary General appealed to the Sri Lankan government to ensure that a comprehensive process of accountability and examination of alleged human rights violations would occur. I wish the Sri Lankan government all the necessary strength and conviction required to participate in such a process. Openness, accountability, compassion, full respect for human rights and an inclusive process of dialogue between representatives of all ethnic communities will support the course of reconciliation that must occur in Sri Lanka’s near future to avoid a return to the past. This is my humble plea in the spirit of the great friendship between our countries.

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