Michelle Rowland (Greenway, Australian Labor Party, Shadow Assistant Minister for Communications) Share this | Link to this | Hansard source

I move:

In moving this motion I want to focus on Australia's strong record of supporting human rights and ensuring justice, equity, accountability and reconciliation. I would like to acknowledge the work of the shadow foreign minister, the member for Sydney, for her support of this motion and the commitment to human rights around the world and indeed of Australian governments of all political persuasions who have played their part in that process over the decades.

Three weeks ago I was joined by members of this parliament from all sides of politics—Labor, Liberal, the Greens, minor parties and independents—to discuss human rights in Sri Lanka with visiting Tamil National Alliance MP Mr MA Sumanthiran. I was extremely pleased to see such broad representation from Australia's parliament so present, something which highlights that this is an issue which indeed crosses political boundaries, and I note the advocacy of many members of the government on this issue, particularly the member for Reid.

This is a motion I have particularly pursued because my electorate of Greenway is home to a large Sri Lankan population. Many have fled persecution, had family members flee during the civil war or still have family living in an unreconciled homeland. Ultimate reconciliation of Sri Lanka and active accountability processes to acknowledge the injustices that were, and still are, occurring are therefore major concerns.

For some time now I have been on the record supporting the cause of human rights in Sri Lanka and accountability for atrocities committed by all sides in that conflict. I wish to stress, Deputy Speaker, that this is about reconciliation in terms of the acts of all sides of the conflict. I made this point to former foreign minister Bob Carr and expressed my preference for Australia to reconsider its involvement in the recent CHOGM event, but I was told of Australia's preference for engagement over isolation—a perfectly valid preference, which I can respect. I made similar representations to the current foreign minister and I noted publicly that, while this was a decision consistent with Labor in office, my hope was that human rights would continue to be on Australia's agenda. So, this is now a process of engagement and, as such, I urge the Australian government to maintain Australia's strong record for the support of human rights in Sri Lanka at the upcoming 25th session of the United Nations Human Rights Council.

I also want to bring to the attention of the parliament that today a letter has gone to the Prime Minister from a number of eminent Australians across the political divide, including the Hon. John Dowd AO, QC, former New South Wales Attorney-General; the Hon. Gareth Evans; Malcolm Fraser; Owen Harries, the former Australian Ambassador to UNESCO; Geoffrey Robertson QC; and Gordon Weiss, the Adjunct Professor at Griffith University and founding adviser and consultant expert to the International Crimes Evidence Project. I quote one of the paragraphs in their letter:

The 2012 UN General Assembly Human Rights Council resolution called upon the government of Sri Lanka to implement the recommendations of its Lessons Learnt and Reconciliation Commission and to take credible and independent actions to ensure justice, equity, accountability and reconciliation is achieved for all Sri Lankans. Similarly, the 2013 UN General Assembly Human Rights Council resolution expressed concern over the continuing reports of violations of human rights in Sri Lanka. It called upon the government to implement the commission's recommendations for 2012 and to fulfil its commitment to investigate all allegations of violations of human rights law. I note that Australia was, rightly, a co-sponsor for both the 2012 and 2013 resolutions.

This motion calls upon the Australian government to honour our strong and proud record of support for human rights at the upcoming 25th session of the Human Rights Council. I note that the resolution entitled 'Promoting reconciliation, accountability and human rights in Sri Lanka' does recognise that some progress has been made in this respect. It calls upon the Sri Lankan government to continue to do this. It also reiterates that it take all necessary steps to fulfil its obligations under the Lessons Learnt and Reconciliation Commission.

I believe that accountability and transparency are crucial for reconciliation to be achieved in Sri Lanka. An important step towards this is an investigation into the atrocities performed by all sides during the civil war. The harrowing reports of further violence and violation of rights must be dealt with in a transparent and in-depth manner in order for genuine reconciliation to take place. I represent, as I said, a large population of people from a Sri Lankan homeland and they want nothing more than reconciliation in their homeland. I believe the Australian government should use this as a platform to promote it.

Jill Hall (Shortland, Australian Labor Party) Share this | Link to this | Hansard source

I second the motion.

Andrew Nikolic (Bass, Liberal Party) Share this | Link to this | Hansard source

The coalition government is committed to international standards of human rights and takes seriously all allegations of abuse. As someone who served on Australia's initial deployments to Afghanistan and southern Iraq, and as a senior public servant managing our international defence relationships, I confirm that these issues are front of mind for our senior military officers and bureaucrats. I acknowledge the ongoing human rights concerns in Sri Lanka, on both sides of the civil conflict that ended in May 2009. I know that members of this House aspire to genuine reconciliation and a less violent future for the people of Sri Lanka.

As history has repeatedly proven, governments are at the heart of genuine reconciliation. The Sri Lankan government is no different, and the terrible events on both sides of the conflict must be explored. That includes accountability for alleged crimes, as the member for Greenway says, by both sides of that conflict, both the Liberation Tigers of Tamil Eelam and the Sri Lankan government. We further this aspiration by engaging the government of Sri Lanka, not isolating it. My career as a senior military officer and senior public servant working within the international system has repeatedly reinforced the value of working with states in relation to human rights, not shouting at them from the sidelines.

Instead of finger-pointing from a distance, Australia raises issues of human rights directly with Sri Lanka's government and we remain in regular contact with political, official and community representatives on Sri Lankan issues here in Australia. Just a few weeks ago, on 5 March, foreign minister Bishop met Mr M.A. Sumanthiran, of the Tamil National Alliance, to hear his views. In the margins of CHOGM in Colombo last November, Prime Minister Tony Abbott and Foreign Minister Bishop raised human rights at the most senior levels of the Sri Lankan government. And in relation to our participation in CHOGM in Colombo, Bob Carr got that call absolutely right. Our high commission in Colombo regularly does the same, including, most recently, with the secretary of Sri Lanka's Foreign Ministry about the 16 March arrest of Father Praveen and Ruki Fernando. We are very pleased to see that they have since been released.

We continue at a variety of levels to urge the Sri Lankan government to give the highest priority to implementing the recommendations of its Lessons Learnt and Reconciliation Commission process. As for co-sponsorship of the US-led resolution on Sri Lanka, this decision, as with all good policy decisions, will be based on due consideration of the final text and an evidence-based consideration of all factors. It is important to acknowledge the Sri Lankan government's progress on resettlement of internally displaced persons, de-mining and infrastructure development in the war-ravaged north and east. I note that Australia has provided an aid contribution for de-mining and reconstruction of housing and schools in these areas in the north and east of the country.

The September 2013 Northern Province Council election, which was won by the Tamil National Alliance, was an important step forward. A political settlement between the central government and the Tamil community is critical for reconciliation. Properly implemented, Sri Lanka's commission of inquiry on disappearances which was established late last year will also be an important contributor to accountability and reconciliation in Sri Lanka. Transparency, inclusivity and early progress with concrete results will be key for such a large and difficult undertaking.

So at every level of our polity and of our bureaucracy, our engagement with countries like Sri Lanka both bilaterally and in multilateral forums assists in taking that process of reconciliation forward, and we do that most effectively when we participate. Throughout my career I have found that furthering the cause of good governance, furthering the cause of strengthened institutional structures in countries in our region, is best accomplished from within than without. I know that I join every member of this House in wishing the Sri Lankan people the reconciliation and brighter future they deserve.

Tanya Plibersek (Sydney, Australian Labor Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

I rise today to speak in support of reconciliation, accountability and human rights in Sri Lanka and I commend my colleague the member for Greenway on her motion. On a visit to Sri Lanka last year the UN High Commissioner for Human Rights observed that after a vicious and debilitating 27-year conflict the fighting is over but suffering is not. The high commissioner has consistently reiterated the need for a full, transparent and impartial investigation into a conflict that saw numerous war crimes and other violations committed by both sides.

The situation in Sri Lanka following the decades long war has been the subject of Human Rights Council resolutions in 2012 and 2013 and in both instances, in 2012 and 2013, Australia supported the Human Rights Council resolutions. In these resolutions the United Nations urged the government of Sri Lanka to adopt the findings and recommendations of the Lessons Learnt and Reconciliation Commission. The commission's recommendations highlight the need to credibly investigate allegations of extrajudicial killings and disappearances; demilitarise the north of Sri Lanka; implement land dispute resolution mechanisms; re-evaluate detention policies; strengthen civil institutions; reach a settlement on the devolution of power to the provinces; promote and protect freedom of expression; and, finally, enact rule of law reforms.

This week the UN Human Rights Council will again consider a report on promoting reconciliation and accountability in Sri Lanka including through an independent international investigation into violations and abuses of human rights by both parties in Sri Lanka. The High Commissioner for Human Rights has acknowledged the progress made by the government of Sri Lanka since 2009 in relation to de-mining, resettlement and reconstruction and rehabilitation. The high commissioner has also welcomed the elections to the Northern Provincial Council in 2013. Likewise, the United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons also acknowledged what he described as the government's impressive strides in rebuilding.

But the high commissioner has also observed that physical reconstruction alone will not bring reconciliation, dignity and lasting peace for all citizens of Sri Lanka. Her report concludes that national mechanisms have not yet been successful in establishing the truth and achieving justice. Against this background, the high commissioner recommends the establishment of an independent international inquiry mechanism which would contribute to establishing the truth where domestic inquiry mechanisms have failed.

Our call on the Australian government to support the draft resolution before the Human Rights Council is with a view to preventing recurrence of violations and abuses and puts us in company with all of our usual allies when it comes to foreign affairs decision making. In line with the position taken by the Australian government in 2012 and 2013, the motion before the council supports the entitlement of all Sri Lankans to the full enjoyment of their human rights regardless of religion, belief or ethnicity in a peaceful and unified country.

I want to turn just briefly in the time I have remaining to the letter that has been sent to the Prime Minister from a range of eminent Australians suggesting that Australia ought support the US-sponsored UN resolution on promoting reconciliation, accountability and human rights in Sri Lanka. I think this letter shows that the Australian government has a balanced position, acknowledging that there were wrongs on both sides of the Sri Lankan conflict and seeking clarification and enlightenment that is impartial and focused on the facts. This letter shows that the support for that position is truly bipartisan, with the eminent Australians including John Dowd; Gareth Evans; Malcolm Fraser; Owen Harries, the former Australian ambassador to UNESCO and visiting fellow at the Lowy Institute for International Policy; Geoffrey Robertson; and Gordon Weiss, an adjunct professor at Griffith University who is the founding adviser and consultant expert to the International Crimes Evidence Project, a former UN spokesperson and author. All of these eminent citizens are calling, as we do today, for Australia to support the US sponsored UN resolution on promoting reconciliation, accountability and human rights.

Sharman Stone (Murray, Liberal Party) Share this | Link to this | Hansard source

This motion calls, amongst other things, for the Australian government to 'maintain Australia's strong record of support for human rights at the 25th session of the Human Rights Council'. Of course we will. Australia is pre-eminent in supporting human rights. We have a country with a culture that acknowledges the oppressed and does its utmost to ensure that if there is anywhere in the world that needs peacekeeping, whether it is in our near neighbourhood or further afield, Australia is there. So of course we will continue to give strong support to human rights at the 25th session of the Human Rights Council. But the motion goes on to say we should:

Well, we have not as yet seen the final text of that resolution and, like all governments and all sensible minded persons, when we do see the final text then we will decide our position.

I do welcome this motion because it is about a country that is near and dear to the hearts of Australians. We long ago drew close to the Commonwealth country of Ceylon. The name of its capital city, Colombo, will forever be celebrated in one of our earliest and most successful foreign aid ventures, the Colombo Plan. Many of today's most influential workers in government and business throughout our near region went through that Colombo Plan many years ago.

The modern Sri Lanka has just come through 30 years of a most bloody civil war, a most difficult time for them when the country was in turmoil. They had extraordinary deprivation and destruction, and the infrastructure, particularly in the north, was decimated. I had the privilege of going there recently at the invitation of the Sri Lankan government. We went up to the north and I was shocked to see the complete destruction of what was once a marvellous irrigation system for rice growing. It was completely destroyed as a result of the 30 years of war. When we flew over the forest we could see wild cattle which were once domestic animals and very important to local agribusiness, but there they were wild in the forest. We went to Jaffna and spoke with the military and the civil service before going on to the camps. You can no longer call them camps of internment, because the gates are all open, but a lot of the population, particularly the women and children, go back there at night to have a meal. It is where their children go to school and they get health services and where they are working from to re-establish the infrastructure, particularly in the north.

The Australian government has helped build schools in that area. We visited one very big new primary school and I must say that the young children lining up, many with bare feet and standing in burning hot sand, showed real perseverance. I felt very anxious that we should walk past them quickly so they could move into the shade. These young children were thirsting for knowledge and their parents were so anxious that they restore the educational opportunity they had been deprived of over the 30 years of war.

Sri Lanka is a country that has a long history as a multi-ethnic, multi-religious and multilingual society. It has been a practising democracy for a very long time and has had universal adult franchise since 1931. It is a country which now looks to its democratic roots, including having Tamils represented in the parliament. I met a number of these Tamil parliamentary representatives. We have to understand that Sri Lanka will require a long period of rehabilitation and re-establishment of infrastructure. We stand by all that Sri Lanka is trying to do to bring about restitution and reconciliation amongst its individuals.

We certainly also ask that they implement fully the recommendations of the Lessons Learnt and Reconciliation Commission of Sri Lanka, and take credible and independent actions to ensure that there is justice, equity, accountability and reconciliation for all Sri Lankans.

I heard that sentiment expressed again and again when I was in Sri Lanka just recently. I think we have to acknowledge the enormous difficulties for a country re-establishing after such a bitter time. I do acknowledge that the diaspora, particularly those in Australia, are anxious to see that the country moves forward. I strongly support a strong, democratic future for Sri Lanka.

Ed Husic (Chifley, Australian Labor Party, Shadow Parliamentary Secretary to the Shadow Treasurer) Share this | Link to this | Hansard source

I rise in support of the resolution. At the outset, while I think we all recognise that we might have different opinions, these resolutions are extraordinarily hard. They are hard on two counts: one is that, of themselves, dealing with the matters at the heart of this is very tough because of what has been felt and experienced by people, particularly in Sri Lanka. The other element that makes this difficult for Australians broadly is to appreciate that we have savoured and long protected a climate of peace and it is difficult to reconcile in our own minds those events that happened in other parts of the globe that we would never imagine and would never want to have visited on us here in this nation.

However, they do happen, and Australia has played a role in times past—a very productive role—in being able to be promoters of peace, not just by word but by deed. I think our principal role has been helping in our region—for example, Cambodia, at the tail end of its time of terrible things occurring within its boundaries. We were able to play a very important role in bringing peace there, and we should be looking to do likewise using our role here in being able to achieve that.

Australia has a lot to be proud of when you look at the fact that we have been able to become home after World War II to seven million new citizens, some of whom have been drawn from parts of the world that have been bedevilled by conflict, and have been able to make a country that others look and aspire to in terms of being able to create much more harmonious relationships within borders.

While some may not necessarily agree that we should involve ourselves in these matters, I think, as I have said, that it is important to do so. I have a community that is largely built from people of a Tamil background, who I am proud to call friends. I also have a lot of Sinhalese in my community, and they likewise feel very strongly about this as well. There have been, as has been acknowledged, terrible acts committed in Sri Lanka, and while they have occurred through the path of this conflict over many years I think a lot of people recognise that the Tamils bore a huge load of pain at the tail end of the conflict in 2009.

While there have been a lot of divisions that have held Sri Lanka back from being what it could be as a nation, I think the unity that does exist for the common ground is that people recognise that those on either side who strayed beyond the boundaries of what would be considered humanity should feel the arm of justice reach them, and that they are held accountable for terrible acts. That is what needs to happen.

We cannot see Sri Lanka become the country it can be and we cannot find a way to combine the ambitions of both Sinhalese and Tamils without finding a way to hold accountable those who went beyond what would be considered humane. In many ways that is why we have had the UN focus, to try to encourage that justice to occur. Justice should not be viewed as a vehicle for vengeance, because it will ultimately fail if it is that. But, as I said, justice is important if we want to combine the ambitions of the Sinhalese and the Tamils to build something that all Sri Lankans can be proud of in their country.

And so in 2012 and 2013 we have had Australia supporting Human Rights Council resolutions that have urged the government of Sri Lanka to adopt the findings and recommendations of the Lessons Learnt and Reconciliation Commission of Sri Lanka—principally to highlight the need to investigate credibly allegations of extrajudicial killings and disappearances, calling for demilitarisation of the north and finding ways to resolve, amongst other things, land disputes. These things are critical if we are to see people being able to join concretely and ensure that Sri Lanka can move ahead and prosper.

If there are elements of doubt about what has occurred and those ill feelings that exist and continue to exist amongst both sides, but particularly those terrible things that were visited upon the Tamils, Sri Lanka cannot conceivably believe that improvements to physical infrastructure alone, for example, can bring people together. What will bring people together is being able to have a sense that those who committed wrong have been brought to justice, an acknowledgement of that hurt and a commitment to work together to ensure that Sri Lanka can move forward concretely.

Michael Sukkar (Deakin, Liberal Party) Share this | Link to this | Hansard source

As I rise today to speak on this motion I wish to emphasise from the outset that this government takes seriously all allegations of human rights violations and international crimes and, as you will appreciate further in a moment, this is the government's approach when it comes to human rights concerns involving Sri Lanka. We recognise that there are ongoing human rights concerns in Sri Lanka.

As speakers earlier have noted, it was only a few years that ago that Sri Lanka was engulfed in civil conflict, and we acknowledge that there are still ongoing issues of accountability and reconciliation. That is why it is important that a constructive approach is taken by all parties to any UN Human Rights Council resolution on Sri Lanka. Any resolution must be aimed at assisting the process of reconciliation in Sri Lanka. As Labor and the Greens well know, we have yet to receive the final text of the resolution. When we do receive the final text, we will carefully consider whether to co-sponsor a US-led resolution. We will make a decision after giving due consideration to the final text and balancing all of the issues; we will not be pushed into a position or be rushed into making decision by Labor or the Greens. We want to assist Sri Lanka to make genuine progress on human rights, accountability and reconciliation—all of which requires the cooperation of the Sri Lankan government.

This government wants to see the allegations of serious international crimes, committed by both sides during Sri Lanka's bloody civil war, independently investigated and transparently prosecuted. Pursuing those responsible for these terrible events and working towards reconciliation is clearly vital for Sri Lanka. The government has consistently and directly raised these issues with the Sri Lankan government and urged it to facilitate independent and transparent investigations.

We also have a regular dialogue with other political, official and community representatives on Sri Lanka related issues here in Australia. As recently as 5 March, our foreign minister, the Hon. Julie Bishop, met with Mr MA Sumanthiran, from the Tamil National Alliance, to discuss the resolution and the situation in Sri Lanka more broadly. On the margins of the Commonwealth Heads of Government Meeting last November, PM Abbott and Ms Bishop both raised human rights issues at the most senior levels of the Sri Lankan government. Our high commission in Colombo regularly raises human rights issues, including registering our concern at the 16 March arrest of Father Praveen and Ruki Fernando in northern Sri Lanka, whom we were pleased to see subsequently released.

Both our foreign minister and Minister for Immigration and Border Protection, Scott Morrison, have an appreciation and understanding of the on-the-ground situation in Sri Lanka, having visited the country in February last year. At every opportunity our government engages with the Sri Lankan government to help advance progress on human rights and accountability. It is this approach, rather than one that seeks to isolate the Sri Lankan government, that we consider will ultimately achieve real progress in addressing human rights concerns. It is an approach that we will continue to take.

We acknowledge that progress has been limited in some areas, such as in implementing the recommendations of the Lessons Learnt and Reconciliation Commission, the LLRC, which we have pressed upon the Sri Lankan government should be implemented with great urgency. In other areas, progress is being made, such as with the resettlement of internally displaced persons; de-mining; and infrastructure development in the north and east of the country, hard hit by the civil conflict as well as the September 2013 Northern Province council election.

Australia will continue to encourage the Sri Lankan government to build on this progress and to take the further necessary steps towards addressing human rights concerns in that country.

Debate adjourned.