Evidence of meeting #5 for Subcommittee on International Human Rights in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was accountability.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Elaine Pearson  Deputy Director, Asia Division, Human Rights Watch

1:55 p.m.

Conservative

The Chair Conservative Scott Reid

Mr. Hiebert.

November 1st, 2011 / 1:55 p.m.

Conservative

Russ Hiebert Conservative South Surrey—White Rock—Cloverdale, BC

Thank you.

Basically you're saying that it could not be said that Sri Lanka is engaged in any serious process of reform or reconciliation. The Lessons Learnt and Reconciliation Commission is really not seeking to find the truth or to make changes. Is that your assessment?

1:55 p.m.

Deputy Director, Asia Division, Human Rights Watch

Elaine Pearson

Yes, that is our assessment regarding accountability. The Lessons Learnt and Reconciliation Commission has not submitted its final report yet, but from what we've seen of the interim recommendations, there's not been a word on accountability.

Based on the experience of past commissions, the 14 previous commissions that had been set up in Sri Lanka, there's only ever been a handful of perpetrators that have been convicted, and they tended to be low-level members of the security forces involved in abuses. This is over a period of 30 years.

1:55 p.m.

Conservative

Russ Hiebert Conservative South Surrey—White Rock—Cloverdale, BC

When the Canadian government, our Prime Minister, other countries, the UN, or other bodies ask for accountability, what's the reaction of the Sri Lankan government? Is it to acknowledge their concern? Is it simply silence? Is it a promise to do something? What are they saying in response to these calls?

1:55 p.m.

Deputy Director, Asia Division, Human Rights Watch

Elaine Pearson

Right now, the Sri Lankan government's response has been to wait and see. They want to wait and see what happens with the LLRC and they want to take a bit more time.

The response has actually changed. Previously, the government refused to admit there were any civilian casualties whatsoever. In their propaganda offensive, they continued to claim that in the final stages the war was a humanitarian effort by the Sri Lankan government to rescue civilians, and that there were no civilian casualties in that effort.

Since the release of the UN panel of experts report and the Channel 4 footage, that position has been hard for them to maintain. Now they admit that there may have been some civilian casualties, but they want to wait and see. They want to wait and see what happens with the LLRC report.

1:55 p.m.

Conservative

Russ Hiebert Conservative South Surrey—White Rock—Cloverdale, BC

Do we know when the LLRC will report?

1:55 p.m.

Deputy Director, Asia Division, Human Rights Watch

Elaine Pearson

November 15 is the date they will submit the report to the president of Sri Lanka. It is unclear whether the president will immediately make the report public. In news reports today, though, the foreign minister is quoted as saying the president will make the report public, but we're not sure when that will happen.

1:55 p.m.

Conservative

Russ Hiebert Conservative South Surrey—White Rock—Cloverdale, BC

Do you believe that there are still serious human rights violations occurring in Sri Lanka on a large scale?

1:55 p.m.

Deputy Director, Asia Division, Human Rights Watch

Elaine Pearson

Yes, I believe there are serious human rights violations occurring. I don't think they're in any way at the same level as during the conflict, but we are quite concerned, particularly because it's difficult for organizations like us to get access on the ground.

From the reports we have received from people who were able to go to the country and document human rights violations, we're particularly concerned about freedom of expression, ongoing reports of sexual violence and sexual abuse in the north, other issues related to land, and various other human rights issues.

1:55 p.m.

Conservative

Russ Hiebert Conservative South Surrey—White Rock—Cloverdale, BC

Those are my questions.

Thank you.

1:55 p.m.

Conservative

The Chair Conservative Scott Reid

Thank you.

Mr. Hiebert was our last questioner.

We have a couple of minutes left. I wonder if the committee would indulge me by allowing me to ask a question or two.

By the way, members of the committee, I consult with our analysts, and if there's anything on the list of questions that they think hasn't been touched on, they direct me to them so I can make sure that we don't miss opportunities with regard to the information witnesses can provide us. They have suggested that I should ask about the culture of impunity that has existed in Sri Lanka.

Would an international commission deal with that or would it likely fail to do so?

2 p.m.

Deputy Director, Asia Division, Human Rights Watch

Elaine Pearson

I think having an international commission of inquiry will go towards addressing impunity and will go further than what the UN panel of experts report has already done. It will examine whether war crimes took place, with a view to establishing who the perpetrators of these crimes were and holding them accountable.

So yes, I think our organization firmly believes that international commissions of inquiry have played a very important role, not only in addressing impunity for the abuses that have happened, but also in sending a very important message to security forces that if they commit such acts--summary executions, a sexual assault against prisoners they have in their custody--there will be repercussions for these acts. Simply having the record of these violations--and being able to document in detail that these events took place--is extremely important.

2 p.m.

Conservative

The Chair Conservative Scott Reid

For such a commission to be effective, it would presumably have to be able to go into the country and do some of its work on the ground. I assume there would be a certain amount of fear from those who might be able to provide testimony to it, in regard to their own well-being once the commission leaves. I don't know if there's a practical solution to that problem, but I'm inviting comment in the hope that you've thought this problem through and have some useful suggestions.

2 p.m.

Deputy Director, Asia Division, Human Rights Watch

Elaine Pearson

Yes, witness protection is very important. Again, this was one of the issues with the government commission: that there was ineffective protection of people who were providing testimony. It meant that perhaps a lot of people who would otherwise have been willing to testify simply weren't willing to take the risk.

A number of these commissions of inquiry have taken place across Africa and East Timor. I think the UN has a lot of experience in conducting these types of inquiries and ensuring that victims and witnesses to abuses are afforded adequate protection in testifying and in sharing their information.

2 p.m.

Conservative

The Chair Conservative Scott Reid

Thank you.

That was very helpful to me and to all of us.

Let me take the opportunity to thank you for being here. We appreciate your participation. Again, we invite you to submit any additional documentation to us. We'll make sure that all the members of the committee are able to take a look at it.

2 p.m.

Deputy Director, Asia Division, Human Rights Watch

Elaine Pearson

Thank you very much.

2 p.m.

Conservative

The Chair Conservative Scott Reid

If there are no other items of business, this meeting is adjourned. Thank you, everybody.