Sri Lanka

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  • Forensic analysis confirms execution-video ‘authentic’

    "The video and audio of the events depicted in the Video, were continuous without any evidence of start/stops, insertions, deletions, over recordings, editing or tampering of any kind," said the preliminary findings from a US-based forensic company that took nearly three weeks to analyze the Channel-4 broadcast video allegedly showing Sri Lanka Army (SLA) soldiers extra-judicially executing Tamil captives stripped naked and hands tied behind their back.

     

     

    US pressure group, Tamils Against Genocide (TAG) which sponsored the study, placed an embargo on revealing the details of the forensic company, until the final report is complete early November.

     

     The notarised report contained determinations on ten different critical issues on the characteristics of the video and audio portions of the 3gp format file distributed by the German-based Journalists for Democracy in Sri Lanka (JDS) on 25th August.

     

    The forensic firm used a firing range to conduct field experiments to arrive at some of the findings according to the report.

     

    The key findings listed in the preliminary report include:

    ·        No evidence of tampering or editing was discovered with either the video or audio portions of Video

    ·        The blood pooled around the previous victim with the white shirt and with the victim of the 2nd shooting appears to be consistent with blood from the brain, which would contain high amounts of oxygen giving the blood its bright color. The fact that it is still bright in color appears to be consistent with it being very recent.

    ·        The audio delay with respect to both gun shots’ audio compared with each corresponding rifle recoil is consistent for some, if not most, camera cell phones that are capable of video recording.

    ·        Preliminary field test with a typical camera cell phone of similar audio qualities (per header information in Exhibit “A”), was able to record a MAK-90 (AK variant w/16” barrel) gun shot w/7.62x39mm ammo, with the camera cell phone being positioned in a similar camera field of view of the 2nd gun shot, or 12 feet away from the muzzle, without any distortion of the audio.

    ·        The leg of an apparent previous shooting victim lying prone on the ground, down range and at the feet of the first victim, rises in the air when the first victim is shot, and then slowly drops to its former position. This reaction appears to be from the bullet that passed through the first victim and then striking the down range victim and would be consistent with a victim that was very recently shot that has not died yet.

     

    TAG officials told TamilNet that the official copy of the preliminary findings will be released as soon as the draft for the final report is complete.

     

    TAG also intends to issue a separate supporting document containing the background technical information necessary to understand the on-going dispute raised by the Government of Sri Lanka on the authenticity of the video.

     

    Earlier, Philip Alston, the UN Special Rapporteur on extra-judicial, summary or arbitrary executions, dismissed Sri Lanka's investigations as not independent.

     

    "The only way to do this [authenticate the video] is for an independent and impartial investigation to take place,'' Alston had said.

  • ‘Can't live in Sri Lanka’ says 9 year old asylum seeker

    "Sri Lanka refugees, we have lived in forest for one month. Please, sir, please take us to a country. It's OK if it is not Australia. It's better if any other country trades us. We can't live in Sri Lanka."

     

    These were the desperate words of 9 year old Brindha, as she pleaded on Australian television.

     

    She is one of the 255 men, women and children who have been stranded in waters off the Sunda straits of Indonesia since last month.

     

    They were attempting to flee from Sri Lanka and make their way towards Australia, where they could claim asylum, before they were intercepted by Indonesian authorities.

     

    The desperate Tamil civilians aboard the boat staged a hunger strike last week, as they attempted to persuade Australian authorities to allow them to seek asylum.

     

    The hunger strike lasted 52 hours before authorities eventually persuaded them to cease.

     

    A wooden board with the words "We are Sri Lankan civilians, Plz save our lives" scribbled onto it, is on display aboard the ship.

     

    Australian Prime Minister Kevin Rudd has so far been unmoved and said that their individual cases should be processed by the United Nations.

     

    In reference to the hunger strike he commented that he would not be swayed by "any tactics deployed by any particular person".

     

    "There are still Tamil people in Sri Lanka who are dying every day. This is why most of these people here have fled from genocide in Sri Lanka and trying to find a future somewhere else... We're just people without a country to live in," said Alex, spokesman for the group.

     

    "But the situation in our country right now, I'm telling you, Tamils do not have an opportunity to survive in Sri Lanka," he said.

     

    The group of asylum seekers are still aboard their boat, which has docked the West Java port of Merak in Indonesia and are refusing to leave the vessel.

     

    According to the spokesman there are 195 men, 31 women, and 27 children on board, each of whom reported to have paid $15,000 USD in order to be smuggled out of Sri Lanka, amounting to nearly $ 4 million USD in total.

     

    The conditions of the boat have been described as far from adequate with there being just one toilet on the boat for all on board.

     

    One of the inhabitants, Varshini from Jaffna, is on board with Marthavan, her seven-year-old son, and Amirtha, her four-year-old daughter. She said her children believed they would see their father soon.

     

    She has yet to tell them that he was taken away by Government affiliated paramilitary forces, while they were sleeping 18 months ago.

     

    "There are still many more Sri Lankans who need help," said Alex, at a press conference organised by the asylum seekers last week.

     

     

    Alex and his fellow civilians are still refusing to leave the boat until they meet a United Nations High Commissioner for Refugees (UNHCR) official to explain the asylum procedure and give assurances about their future.

     

    "If you had no place to go, if you had no country of your own, what would you do and how long would you stay in a boat before you were promised to enter a country that will give you asylum? How long will you go? How desperate will you be?" said Alex.

     

    "We're not only suffering back home we're suffering here. We have no choice."

     

    "We have no country to go back to."

  • Colombo’s victory over the Tamils shows India’s power is on the wane

    Thousands of non-combatants, according to the United Nations, were killed in the final phase of the Sri Lankan war this year as government forces overran the Tamil Tiger guerrillas. Nearly five months after Colombo’s stunning military triumph, the peace dividend remains elusive, with President Mahinda Rajapaksa setting out—in the name of “eternal vigilance”—to expand by 50 per cent an already-large military. Little effort has been made to reach out to the Tamil minority and begin a process of national reconciliation.

     

    China, clearly, was the decisive factor in ending the war through its generous supply of offensive weapons and its munificent aid. It even got its ally Pakistan to actively assist Rajapaksa in his war strategy. Today, China is the key factor in providing Colombo the diplomatic cover against the institution of a UN investigation into possible war crimes, or the appointment of a UN special envoy on Sri Lanka. In return for such support, Beijing has been able to make strategic inroads into a critically located country in India’s backyard.

     

    Unlike China’s assistance, India’s role has received little international attention. But India, too, contributed to the Sri Lankan bloodbath through its military aid, except that it has ended up, strangely, with its leverage undermined.

     

    For years, India had pursued a hands-off approach toward Sri Lanka in response to two developments—a disastrous 1987-1990 peacekeeping operation there; and the 1991 assassination of former Prime Minister Rajiv Gandhi by a member of the Tamil Tigers. But having been outmanoeuvred by China’s success in extending strategic reach to Sri Lanka in recent years, New Delhi got sucked into providing major assistance to Colombo, lest it lose further ground in Sri Lanka.

     

    From opening an unlimited line of military credit for Sri Lanka to extending critical naval and intelligence assistance, India provided sustained war support despite a deteriorating humanitarian situation there. A “major turning point” in the war, as Sri Lankan Navy Chief Admiral Wasantha Karannagoda acknowledged, came when the rebels’ supply ships were eliminated, one by one, with input from Indian naval intelligence, cutting off all supplies to the rebel-held areas. That in turn allowed the Sri Lankan ground forces to make rapid advances and unravel the de facto state the Tigers had established in the island nation’s north and east.

     

    Sri Lanka, for its part, practised adroit but duplicitous diplomacy: it assured India it would approach other arms suppliers only if New Delhi couldn’t provide a particular weapon system it needed. Yet it quietly began buying arms from China and Pakistan without even letting India know. In doing so, Colombo mocked Indian appeals that it rely for its legitimate defence needs on India, the main regional power. It was only by turning to India’s adversaries for weapons, training and other aid that Colombo pulled off a startling military triumph. In any event, Colombo was emboldened by the fact that the more it chipped away at India’s traditional role, the more New Delhi seemed willing to pander to its needs.

     

    Indeed, Rajapaksa deftly played the China, India and Pakistan cards to maximise gains. After key Tamil Tiger leaders had been killed in the fighting, Rajapaksa—to New Delhi’s mortification —thanked China, India and Pakistan in the same breath for Sri Lanka’s victory.

     

    Today, India stands more marginalised than ever in Sri Lanka. Its natural constituency—the Tamils—feels not only betrayed, but also looks at India as a colluder in the bloodbath. India already had alienated the Sinhalese majority in the 1980s, when it first armed the Tamil Tigers and then sought to disarm them through an ill-starred peacekeeping foray that left almost three times as many Indian troops dead as the 1999 Kargil War with Pakistan.

     

    India’s waning leverage over Sri Lanka is manifest from the way it now has to jostle for influence there with arch-rivals China and Pakistan. Hambantota—the billion-dollar port Beijing is building in Sri Lanka’s southeast—symbolises the Chinese strategic challenge to India from the oceans.

     

    Even as some 280,000 displaced Tamils—equivalent to the population of Belfast—continue to be held incommunicado in barbed-wire camps, India has been unable to persuade Colombo to set them free, with incidents being reported of security forces opening fire on those seeking to escape from the appalling conditions. One of the few persons allowed to visit some of these camps was UN Secretary-General Ban Ki-moon, who said after his tour in May: “I have travelled around the world and visited similar places, but these are by far the most appalling scenes I have seen...” Prime Minister Manmohan Singh said recently that India has conveyed its “concerns in no uncertain terms to Sri Lanka on various occasions, stressing the need for them to focus on resettling and rehabilitating the displaced Tamil population at the earliest”. But India seems unable to make a difference even with messages delivered in “no uncertain terms”.

     

    THE story of the loss of India’s pre-eminent role in Sri Lanka actually begins in 1987, when New Delhi made an abrupt U-turn in policy and demanded that the Tigers lay down their arms. Their refusal to bow to the diktat was viewed as treachery, and the Indian Army was ordered to rout them.

     

    Since then, Sri Lanka has served as a reminder of how India’s foreign policy is driven not by resolute, long-term goals, but by a meandering approach influenced by the personal caprice of those in power. The 1987 policy reversal occurred after then Sri Lankan President J.R. Jayewardene —a wily old fox—sold neophyte Prime Minister Rajiv Gandhi the line that an “Eelam”, or Tamil homeland, in Sri Lanka would be a dangerous precursor to a Greater Eelam uniting Tamils on both sides of the Palk Straits. In buying that myth, Gandhi did not consider a simple truth: if Bangladesh’s 1971 creation did not provoke an Indian Bengali nationalist demand for a Greater Bangladesh, why would an Eelam lead to a Greater Eelam?

     

    Actually, the Tamils in India and Sri Lanka have pursued divergent identities since the fall of the Pandyan kingdom in the 14th century. While the Eelam struggle is rooted in the treatment of Tamils as second-class citizens in Sri Lanka—where affirmative action has been instituted for the majority Sinhalese and a mono-ethnic national identity sought to be shaped—the Tamils in India face no discrimination and have been fully integrated into the national mainstream.

     

    Another personality driven shift in India’s Sri Lanka policy came after the 2004 change of government in New Delhi, when the desire to avenge Gandhi’s assassination trumped strategic considerations, with the hands-off approach being abandoned. That handily meshed with the hawkish agenda of Rajapaksa, who began chasing the military option soon after coming to power in 2005. “It is their duty to help us at this stage,” Rajapaksa said about India. And Indian help came liberally.

     

    In fact, such has been the unstinting Indian support that even after the crushing of the Tamil Tigers, India went out of the way to castigate the UN High Commissioner for Human Rights, Navi Pillay, in June for shining a spotlight on the deplorable human-rights situation in Sri Lanka, including the continuing internment of internally displaced Tamils. India accused Pillay—a distinguished South African judge of Indian descent who has sought an independent international investigation into the alleged war crimes committed by all sides in Sri Lanka—of going beyond her brief, saying “the independence of the High Commissioner cannot be presumed to exceed that of the UN Secretary-General.”

     

    The costs of lending such support have been high. New Delhi today is groping to bring direction to its Sri Lanka policy by defining its objectives more coherently, even as it struggles to respond to the Chinese strategy to build maritime choke-points in the Indian Ocean region. Indeed, India has ceded strategic space in its regional backyard in such a manner that Bhutan now remains its sole pocket of influence. In Sri Lanka, India has allowed itself to become a marginal player despite its geostrategic advantage and trade and investment clout.

     

    More fundamentally, the pernicious myth Jayewardene planted in Gandhi’s mind triggered a chain of events still exacting costs on Indian security and interests. In fact, nothing better illustrates the fallacy Jayewardene sold Gandhi than the absence of a Tamil backlash in India to the killings of thousands of countless Tamil civilians in Sri Lanka this year, and to the continued incarceration in tent camps of 280,000 Tamil refugees, including 80,000 children. In fact, even as the Sri Lankan war reached a gory culmination, India’s Tamil Nadu State voted in the national elections for the United Progressive Alliance (UPA) led by Gandhi’s widow, Sonia Gandhi, although that governing coalition had shied away from raising its voice over the Sri Lankan slaughter.

     

    Today, the upsurge of Sinhal chauvinism flows from the fact that the Sri Lankan military accomplished a task whose pursuit forced the mightier Indian Army to make an ignominious exit 19 years ago. Consequently, Colombo is going to be even less inclined than before to listen to New Delhi. Indeed, the manner in which Colombo played the China and Pakistan cards in recent years to outsmart India is likely to remain an enduring feature of Sri Lankan diplomacy, making Sri Lanka a potential springboard for anti-India manoeuvres.

     

    Brahma Chellaney, a Professor of Strategic Studies at the Centre for Policy Research in New Delhi, is the author, most recently, of Asian Juggernaut: The Rise of China, India and Japan.

  • Tamils hold “Will Break the Obstacles!” rally in Berlin

    Tamil Diaspora in Germany gathered in Berlin on October 22 to stage a protest march in an effort to draw the attention of the international community to the pathetic plight of Tamils interned in Sri Lanka Army (SLA) camps.

     

    Two youths, representing students in Tamil Nadu, T. Sreenivasa Rao and Iraa. Gnanasekaran, on their journey in Europe to take part in the UN conference on Global Warming Awareness in Denmark on 7 December, took part in the march and rally.

     

    They have made it their duty to raise their voices for the interned Tamils, in all the countries they pass through, sources in Berlin said.

     

    The demonstrators marched four km through the main streets of Berlin and held a meeting in front of the world famous Brandenburgen Gate.

     

    Asia representative of the Society for Threatened People, Ulrich Dalius, Human Rights activist and German parliamentarian of Green Peace Party, Volker BecK and Ms. Shopia Deeg, Palestine journalist and writer of International Solidarity Movement spoke at the meeting.

     

    Both Seenuvas Rao and Gnanasekaran addressed the meeting in Tamil and English condemning the Sri Lankan government for the atrocity committed against innocent Tamils interned in camps surrounded by barbed wire.

     

    At the beginning of the march the student representatives from Tamil Nadu and Ulric Dalius submitted a memorandum to Manuel Muller, the Foreign Ministry Officer in charge of Sri Lankan affairs, which requested urgent assistance to provide the needs of the inmates in the internment camps.

     

    Manuel Muller said that German government is not wholly satisfied with Sri Lanka in treating the Tamils detained and that it is carefully observing the conditions in Sri Lanka and the attitude of its government, the sources added.

  • Rights group opposes GSP+ benefits to Sri Lanka

    Edward Mortimer, chair of the Advisory Council for Sri Lanka Peace and Justice Campaign, a rights group, in a letter to Financial Times responding to an earlier article on GSP+ says: "[G]overnment has until now held more than 250,000 civilians in insanitary internment camps, currently threatened with monsoon flooding, while an unknown number of alleged combatants are held elsewhere, out of sight of the media, Red Cross and other humanitarian agencies. Wartime promises that Tamil grievances would be peacefully redressed once hostilities were ended have not been fulfilled. Instead an atmosphere of racist triumphalism has been encouraged."

     

    Noam Chomsky, Bianca Jagger, and several other intellectuals and prominent persons are members of the group, Sri Lanka Peace and Justice Campaign.

     

    Full text of the letter to Financial Times follows:

     

    Your argument for extending Sri Lanka’s “GSP+” access to the European Union market is plausible but specious (“Tigers and trade”, editorial October 21). There might be a good case for extending this concession to all developing-country imports, but no one is suggesting that. As things stand, Sri Lanka is one of only 15 countries in the world to receive this treatment, and the only one in Asia. This discriminates unfairly against imports from other Asian countries.

     

    GSP+ was accorded to Sri Lanka in 2005 on a wave of international sympathy after the tsunami. It was, as you say, conditional on ratification and implementation of 27 international agreements. The EU now has to decide whether to extend the deal, in the face of a damning independent report, commissioned by the EU itself, which shows that Sri Lanka has flagrantly ignored many of these conditions, including notably those that cover basic human rights.

     

    Nor is it only, as you suggest, a matter of “human rights abuses committed ... in the course of the conflict with the Tamil Tiger rebels”. That conflict ended five months ago, with a total victory for the government. Yet so far from being magnanimous in victory, the government has until now held more than 250,000 civilians in insanitary internment camps, currently threatened with monsoon flooding, while an unknown number of alleged combatants are held elsewhere, out of sight of the media, Red Cross and other humanitarian agencies. Wartime promises that Tamil grievances would be peacefully redressed once hostilities were ended have not been fulfilled. Instead an atmosphere of racist triumphalism has been encouraged.

     

    Sri Lanka is not Burma”, you write. Perhaps not, but it seems some of its leaders would like it to be. Burma was the first foreign country visited by President Mahendra Rajapaksa after his victory over the Tigers last May, and his own government website reported that one of his aims was to advise the Burmese generals on how to defeat their own ethnic insurgents, learning from Sri Lanka’s methods.

     

    If the EU does not resist this repressive contagion, who will?

     

    Edward Mortimer,

    Chair, Advisory Council,

    Sri Lanka Peace and Justice Campaign

  • Vietnam, Sri Lanka vow to enhance cooperation

    Vietnamese and Sri Lankan presidents agreed on Thursday October 22 that the two countries would promote cooperation in the sectors of agriculture, fishery, oil and gas, and tourism, Vietnam News Agency reported.

     

    The agreement was reached during talks between Vietnamese President Nguyen Minh Triet and visiting Sri Lankan President Mahinda Rajapaksa.

     

    Triet said that the Sri Lankan president's visit is an important event, marking new development in bilateral relations.

     

    Rajapaksa thanked the State and people of Vietnam for supporting Sri Lankan people, especially in international forums.

     

    The two leaders agreed that the to-be-signed documents during the visit of Sri Lankan president will lay a foundation for ministries and state agencies of the two countries to further expand cooperation.

     

    The two presidents also discussed measures to promote cooperation in regional and international forums.

     

    After the talks, Triet and Rajapaksa witnessed the signing of many important documents for cooperation between the two countries, including the agreement on investment protection and encouragement, the agreement on crime prevention and fighting, the memorandum of understanding on culture, the plan on cooperation for agriculture development in the 2010-2011 period, and the plan on seafood cooperation in the 2010-2013 period.

     

    Additionally an expected delegation of Vietnamese businessmen and heads of commerce are likely to arrive in Sri Lanka soon to further enhance these agreements.

     

    Vietnam was thanked by Rajapaksa for the country’s support in opposing a resolution against Sri Lanka in the United Nations Human Rights Council. Vietnam had opposed the UN’s call for investigation into human rights abuses during the last days of the war in Sri Lanka. 

  • Sri Lanka, one of worst offenders of press freedom - RSF

    Sri Lanka was ranked 162nd of the 175 countries in the latest press freedom ranking released by the Paris based Reporters without Borders on Wednesday October 21.

     

    The Asian countries that least respected press freedom were announced as North Korea, one of the “infernal trio” at the bottom of the rankings, Burma, which still suffers from prior censorship and imprisonment, and Laos, an unchanging dictatorship where no privately-owned media are permitted, RSF said.

     

    "To compile this index, Reporters Without Borders prepared a questionnaire with 40 criteria that assess the state of press freedom in each country. It includes every kind of violation directly affecting journalists (such as murders, imprisonment, physical attacks and threats) and news media (censorship, confiscation of newspaper issues, searches and harassment). Ánd it includes the degree of impunity enjoyed by those responsible for these press freedom violations," RSF said in its website, explaining the details behind computing the index.

     

    Asia’s few democracies are well placed in RSF's latest rankings. New Zealand (13th), Australia (16th) and Japan (17th) are all in the top 20.

     

    Respect for press freedom and the lack of targeted violence against journalists enable these three countries to be regional leaders, press reports said.

     

    South Korea (69th) and Taiwan (59th) fell far this year.

     

    South Korea plummeted 22 places because of the arrests of several journalists and bloggers and the conservative government’s attempts to control critical media.

     

    The new ruling party in Taiwan tried to interfere in state and privately-owned media while violence by certain activists further undermined press freedom.

     

    Two Asian countries were included in the index for the first time: Papua New Guinea (56th), which obtained a very respectable ranking for a developing country, and the Sultanate of Brunei (155th), which came in the bottom third because of the absence of an independent press.

     

    The report came as Sri Lanka announced plans to monitor and block websites that were "known to spread anti-government propaganda and feed incorrect information."

     

    "Counter propaganda will be launched by the government to safeguard the present environment of peace and prevent unrest among the public,” said Media Minister Lakshman Yapa Abeyawardene at a press briefing.

     

    “When browsing through some of these websites we wonder whether there is an insidious attempt to create a rift between President Mahinda Rajapakse and the military leaders," Yapa said.

     

    "There has been a sharp increase in fabricated or misleading propaganda which has been a hindrance to maintaining peace and stability in Sri Lanka The screening of the news reports and feature articles would be carried out by a committee especially selected by the Information Department,” he said.

     

    Yapa said that the mainstream newspapers and TV channels have acted with responsibility, but a section of the electronic and print media that have "behaved in an irresponsible manner."

     

    “Through newspaper advertisements we will correct misinformation and give the government’s take on those issues while exposing websites that publish such misinformation,” Yapa said.

  • Rights group opposes GSP+ benefits to Sri Lanka

    Edward Mortimer, chair of the Advisory Council for Sri Lanka Peace and Justice Campaign, a rights group, in a letter to Financial Times responding to an earlier article on GSP+ says: "[G]overnment has until now held more than 250,000 civilians in insanitary internment camps, currently threatened with monsoon flooding, while an unknown number of alleged combatants are held elsewhere, out of sight of the media, Red Cross and other humanitarian agencies. Wartime promises that Tamil grievances would be peacefully redressed once hostilities were ended have not been fulfilled. Instead an atmosphere of racist triumphalism has been encouraged."

     

    Noam Chomsky, Bianca Jagger, and several other intellectuals and prominent persons are members of the group, Sri Lanka Peace and Justice Campaign.

     

    Full text of the letter to Financial Times follows:

     

    Your argument for extending Sri Lanka’s “GSP+” access to the European Union market is plausible but specious (“Tigers and trade”, editorial October 21). There might be a good case for extending this concession to all developing-country imports, but no one is suggesting that. As things stand, Sri Lanka is one of only 15 countries in the world to receive this treatment, and the only one in Asia. This discriminates unfairly against imports from other Asian countries.

     

    GSP+ was accorded to Sri Lanka in 2005 on a wave of international sympathy after the tsunami. It was, as you say, conditional on ratification and implementation of 27 international agreements. The EU now has to decide whether to extend the deal, in the face of a damning independent report, commissioned by the EU itself, which shows that Sri Lanka has flagrantly ignored many of these conditions, including notably those that cover basic human rights.

     

    Nor is it only, as you suggest, a matter of “human rights abuses committed ... in the course of the conflict with the Tamil Tiger rebels”. That conflict ended five months ago, with a total victory for the government. Yet so far from being magnanimous in victory, the government has until now held more than 250,000 civilians in insanitary internment camps, currently threatened with monsoon flooding, while an unknown number of alleged combatants are held elsewhere, out of sight of the media, Red Cross and other humanitarian agencies. Wartime promises that Tamil grievances would be peacefully redressed once hostilities were ended have not been fulfilled. Instead an atmosphere of racist triumphalism has been encouraged.

     

    Sri Lanka is not Burma”, you write. Perhaps not, but it seems some of its leaders would like it to be. Burma was the first foreign country visited by President Mahendra Rajapaksa after his victory over the Tigers last May, and his own government website reported that one of his aims was to advise the Burmese generals on how to defeat their own ethnic insurgents, learning from Sri Lanka’s methods.

     

    If the EU does not resist this repressive contagion, who will?

     

    Edward Mortimer,

    Chair, Advisory Council,

    Sri Lanka Peace and Justice Campaign

  • No Answers

    For several recent years, the international community’s approach to ‘Sri Lanka’ has been shaped, to a great extent, by the opinions and prescriptions of a select group of – largely British - analysts and policy makers. In their rarely self-questioned conviction, the reasons for war in Sri Lanka - and what consequently needed to be done for ‘peace’ - were blindingly simple: the root cause of war was the demand for Tamil Eelam and the ‘fanatical’ LTTE’s armed struggle for this goal. Ergo, all that was need for ‘peace’ was Sri Lanka’s ‘democratic’ government to militarily ‘weaken’ the LTTE thus bringing it to the negotiating table and making it give up Eelam. In short, the island’s problem was ‘violent conflict’ (i.e. the LTTE) and not the character of the Sri Lankan state (and certainly not ‘genocide’ as the Tamils outlandishly claim).

     

    This analysis has been utterly discredited by the conduct of the Sri Lankan state (as well as the most of the Sinhala polity) in both the murderous closing stages of the war and, especially, thereafter. But whilst the deliberate massacre of tens of thousands of Tamil civilians and the squalid incarceration of hundreds of thousands has compelled several international actors to look anew – and askance – at the Indian Ocean ethnocracy, the London-based policy nexus which theorised, argued for, and solicited international consensus around Sri Lanka’s military onslaught is still insisting the strategy was essentially right, that ‘peace’ can yet emerge. These handmaidens of Sri Lanka’s bloodbath will be proven disastrously wrong again. But not before the Tamils endure much more suffering and further bloodletting.

     

    To begin with, the ‘Sinhala first’ logic that has informed state policy and the limits of politics since independence has been manifest in both the Colombo regime’s conduct and the general support for these policies amongst most of the Sinhala polity and population. It is underlined not only in sustained state brutality towards the Tamils, but, equally, in Colombo’s interactions with the international community. The historical persistence of state chauvinism is underlined in Human Rights Watch’s observation this week that, of the commissions set by numerous Sri Lankan governments to investigate abuses, “none have produced significant results, either in providing new information or leading to prosecutions.” . Several international actors are thus coming to realise that the problem in Sri Lanka is, as the Tamils have long been arguing, rooted in the character of the Sinhala-dominated state. Consequently, what is required for lasting ‘peace’ is that the state be compelled to adhere – well beyond mere rhetoric and lipservice as in the past – to the norms of liberal governance.

     

    But, in contrast, the policy nexus that helped implicate the international community in Sri Lanka’s mass slaughter is still blundering on in ‘conflict resolution’ mode. In their logic, their grand strategy is actually working: the LTTE is destroyed, ergo peace is at hand; what is required now is some governance reform and a little poverty alleviation. (The overlap between this logic and that of Sinhala militarism and ultra-nationalism is not inconsequential.) The hunt is thus now on to find ‘moderates’ of various ethnic hues. What is required, foremost, is to find Tamils who will unconditionally reject ‘genocide’ and ‘Tamil Eelam’ and engage in dialogue with the Sinhala regime (these are the prerequistes for Tamils to be deemed ‘moderates). What is less important here is Colombo actually treats Tamils as equal to Sinhalese.

     

    At the root of this analysis is another form of chauvinism, one that has a colonial legacy and serves to both infantilize Third World peoples and trivialise their politics. Or put it another way, Tamil demands for ‘self-determination’ are deemed laughable, because as a people we are simply not considered capable of grasping the gravity or complexity of such concepts. The Tamils’ demand for self-rule is thus seen qualitatively different from, say, that of the Quebecois’. Such condescension is not new – indeed it is exemplified in British colonial conduct in the run up to the island’s independence and thereafter.

     

    What is important, however, is that the horrors of contemporary Sri Lanka are not only laying bare the real drivers of protracted ethnic conflict there, but also revealing the dubious analytical and moral foundations of international backing for the Sinhala state. Meanwhile, though it has not yet been noticed, but for all of its bloodletting and cold-blooded cruelty, Colombo has still not been able to compel the Tamils to abide by Sinhala supremacy. The coming period will thus be one of rising Sinhala triumphalism, intransigence and oppression, on the one hand, and deepening Tamil suffering and defiance, on the other. No international strategy is thus more disconnected from reality now than one of seeking dialogue amongst ‘moderates’.

  • Tamils herded into disease-ridden camps seek any escape

    WHEN Muthu Kumaran returned to Sri Lanka in February 2007, he had hoped, even expected, that his Tamil people were about to win independence.

     

    An Australian citizen and civil engineer, he wanted to be there when a Tamil state was established, freed from majority Sinhalese rule, and he wanted to lend his expertise in water management, too.

     

    Instead, the father of two from Sydney's west would endure the brutal reality of the Sri Lankan government's final push to wipe out the Liberation Tigers of Tamil Eelam, the militant Tamil Tigers.

     

    Kumaran was not only swept up in the renewed hostilities of a 25-year civil war, he was also detained in one of the notorious internment camps that are still home to nearly 300,000 Tamils.

     

    He returned to Australia in the first week of August this year, having managed to buy his way out of the largest military-run camp in Sri Lanka, at Manik Farm.

     

    And with so many Tamils still detained in their homeland, and the Rudd government wrestling with how best to cope with those who have escaped and are seeking asylum in Australia, Kumaran has decided to speak out about his experience and the plight of his people.

     

    "People need to know, the international community needs to know, what it is happening in Sri Lanka," Kumaran tells Focus.

     

    "The US, Britain, Australia, they talk about democracy and human rights. Well, they cannot keep their eyes closed to these things."

     

    Fearing retribution here in Australia as well as for his extended family in Sri Lanka, Kumaran - not his real name - has requested his identity not be revealed.

     

    Having first left Sri Lanka 35 years ago, Kumaran had planned on staying for an extended period when he returned in early 2007, perhaps to retire there eventually.

     

    Basing himself in the northern city Kilinochchi, the de facto Tamil capital, he initially worked alongside non-government organisations Oxfam, Solidar, Forut and ZOA on water sanitation issues, as well as helping set up livelihood projects: teaching women how to dry banana leaves and make baskets for sale and setting up street stalls. He also taught English in schools.

     

    However, in January last year the Sri Lankan government withdrew from a ceasefire arrangement with the LTTE and the military began moving north into Tigers-held terrain in a bid to wipe them out.

     

    By December Kilinochchi was being targeted in bombing raids and Kumaran had to flee with more than 100,000 residents.

     

    The Sri Lankan government directed Tamils to evacuate to a designated safe zone at Visuwamadu about 10km away.

     

    For the next 5 1/2 months Kumaran remained on the road, herded south through seven safe zones alongside hundreds of thousands of other banished Tamils known as internally displaced persons, or IDPs.

     

    At each stop, an impromptu camp would be established in the belting heat, tents erected, bunkers, ground wells and toilets dug out, hospitals set up.

     

    Then a few days later the bombs would resume and this mass of humanity would move again, the numbers swelling all the time.

     

    "The roads would be chock-a-block. Lorries, tractors, bullock carts, pick-ups, motorbikes, push-cycles, people walking, everyone carrying bags. There were young children, pregnant ladies, babies, people on stretchers, you've never seen anything like it," he says.

     

    Kumaran also says they regularly came under fire along the way from bombs dropped by the Sri Lankan air force, rockets from naval ships, long-distance shelling and rifle rounds from the jungle bordering the roadside.

     

    He says he saw people killed and many injured. He ferried the bodies, dead and alive, to the nearest hospital or cemetery in a four-wheel drive.

     

    "Twice my pick-up got hit, but luckily not me. I think maybe I saw a dozen people killed, maybe another 20 injured, right in front of me," he says.

     

    By the time he left Mullivaikal in the second week of May, Kumaran was on foot, as were almost all the 300,000 Tamils, his possessions reduced to just a plastic shopping bag containing clothes and his Australian passport.

     

    Thirty-six hours later they came to a military screening point at Vavuniya, where everyone was frisked for weapons and directed to school grounds.

     

    There, the sprawling crowd was ordered to divide into two groups: those who were associated with the LTTE and those who were not.

     

    "We were told if we were LTTE, to declare it and there would be an amnesty. But they said, 'We know you, if we find out you have lied, you will be severely punished,"' Kumaran recalls.

     

    He joined the non-Tigers. They were then ordered on to buses and driven six hours to an area called Chettikulam, and a large swath of cleared jungle off the Vavuniya-Mannar Road. He had come to the Manik Farm internment camp.

     

    Kumaran describes the camp as a series of blocks, separated from each other by a road and strip of jungle. The facility was ringed by razor wire and guarded by armed troops.

     

    He estimates about 2500 people were held on each block, housed in 160 tents, with 16 people to each 4mx4m tent. Each block also had a community kitchen, a medical facility and four toilets each for men and women.

     

    Conditions were primitive at best, Kumaran says.

     

    There were no plates or utensils, so meals of dhal curry and rice were eaten off plastic bags that were reused each day. Water was limited to two 1000-litre tanks a block. Disease was everywhere.

     

    "I volunteered to be a translator for the Sinhalese doctors at the hospital. There was a lot of typhoid, chicken pox, fever, diarrhoea, malnutrition. People had large rashes because of the lack of bathing facilities, too," Kumaran says.

     

    "Our block, four people died while I was there, and another elderly gentleman hanged himself."

     

    In all, he would be there for eight days. In that time he wrote to the Australian High Commissioner and the UN High Commissioner for Refugees in Colombo about his detention, letters a camp official agreed to send.

     

    But before he heard back, Kumaran says he discovered via "the bush telegraph" he could buy his freedom.

     

    He is reticent to reveal details of his escape or how much he paid, but he says he approached a local worker on his block who smuggled him out late at night two days later, hiding him in the back of a van.

     

    He presumes the camp guards knew what was happening. "The guards stopped us, but they didn't question (the driver) very much and they let us go," he says.

     

    They were driven to another location, where they waited until the money was transferred into the required bank account.

     

    But it would be another six weeks before he flew out of Colombo.

     

    He lost 25kg during his ordeal, so much that airport officials were concerned he did not resemble his passport photo and it was arranged for Australian embassy officials to meet him in Bangkok to double-check his identity.

     

    But Kumaran says there was no pleasure, or even relief, in setting foot in Sydney in early August. Instead he felt an overwhelming sense of guilt.

     

    "As soon as I was in the air leaving Colombo, it was a bad feeling. My heart is still there," he says, tears welling in his eyes.

     

    "So many people made sacrifices, and yet still people are behind barbed wire, queuing to use the toilet and for food. They are not free. And I am here."

     

    Perversely, however, Kumaran believes the turmoil of past year, including the defeat of LTTE, may bring an independent Tamil state closer to reality.

     

    The Sri Lankan government's treatment of the IDPs demonstrates that the Sinhalese and Tamils cannot live peacefully side by side, he says.

     

    "It will happen. I am confident still," Kumaran says. "Maybe they have done us a favour. They have created a bigger problem by what they have done and it will force the world to act. And they have only strengthened Tamil nationalism. They have not killed it."

  • Children in Sri Lanka’s Concentration Camps

    More than 250 000 humans are kept in concentration camps for “screening” by the Government of Sri Lanka, allegedly to discover “terrorists”. The question arises why children are kept there, even babies. These Concentration camps are called “welfare camps” by the Sri Lankan Government.

     

    I refer to the latest report by Human Rights Watch from October 10, 2009: http://www.hrw.org/en/news/2009/10/09/sri-lanka-tensions-mount-camp-con…. It is in agreement with other international human rights organisations’ reports. In addition, I refer to the EU Commission’s report with an evaluation of Sri Lanka on 19 October 2009: http://trade.ec.europa.eu/doclib/docs/2009/october/tradoc_145141.pdf

     

    The following information is documented by human rights’ organisations in the field in August/September 2009. Names of the children have been left out here. The list makes it possible to follow up the fate of each child over time and makes denials by the Government of killings through neglect of children impossible. The list can be ordered from me. The world has an eye on every child listed. The list gives unfortunately only a part of the total number of children in all concentration camps.

     

     

    1. Total number of children on the list: 1200

    2. Names of the concentration camps and the number of children:

    1. Vavuniya Anantha Kumarasami Camp: 118

    2. Vavuniya Arunachchala Camp: 65

    3. Vavuniya Kathirkamar Camp: 8

    4. Vavuniya Sheriliana: 50

    5. Vavuniya Ulukkulam Camp: 959

    3. Age of the children: Youngest: 1month. Oldest: 18 years.

    4. Number under 5 years: 308

    5. Girls: 536 Boys: 664

    6. Orphans: 1082

     

    The following is an eye witness report with special regard to children from a prisoner in a concentration camp. The prisoners managed to get free in August 2009. The whole report was published in October 2009 (http://www.tamilnet.com/img/publish/2009/10/Living_in_Menik_Farm.pdf), but the section on children was slightly revised for this message by the former prisoner who rightly prefers to be anonymous.

     

    "I was interned in the ---- camp of Menik Farm----. During those four months in the camp, it is the condition of the children at the camp that I found most depressing. I was too timid to go around collecting statistics though it would have been easy to collect statistics because of the proximity of the people crowded within a small area. However, I observed carefully and was overwhelmed by the wasting away of the children.

     

    "Newborn babies are sent to the camp conditions, which are unsuitable for adults, just few days after being born. Toddlers play in the filthy area right in front of the toilets. I have never seen flies and mosquitoes in such numbers in my life. While eating, one hand is fully occupied with chasing the flies; a practice that children will not adopt thus consuming food contaminated by flies that come straight from the toilets very nearby. Children of well off families who appeared well cared for on arrival at the camp were visibly wasting away during the stay in the camp. The contributory factors were poor diet, the hostile weather, and continuous illness.

     

    "Majority of the children including infants did not have milk (powder) except an occasional packet handed out by some charity. Once a father of a seven month old baby came begging for some sugar to put in the plain tea (black tea) to be given to his seven month old baby because the mother did not have enough breast milk and the baby was hungry. Plain tea had become the regular diet for this baby.

     

    "The diet was most definitely inadequate for the children despite some nutritional supplement that were distributed. There was no milk, meat or vegetable in their diet. Sometimes soya bean was given but they were of rotten quality and children would hardly eat them.

     

    "Illness among children was pandemic and it wasted them. Small injuries became infected and caused problems. Vomiting, fever or diarrhea seemed a natural condition in most children. Measures of malnutrition maybe a standard way of measuring worst affected children but it does not capture the general condition of children wasting away. When a child runs a fever most parents worry a lot fearing Hepatitis-A infection.

     

    "The queues are very long at the OPD clinics inside the camp and the doctors work at break neck speed. I have seen a doctor writing a prescription to a 12 year old boy without finding out what is wrong with the boy. The medicines that are dispensed are arranged in a table and the total list of medicines consists of around 30 different medicines. The medicine dispensers too work with breakneck speed in dispensing them. Once an educated mother told me that she visited the doctor for treatment for her baby as well as for herself. The medicine dispensers mixed up the medicines and gave the baby what should have been given to the mother. Since the mother had some awareness of the medications she spotted it. Most mothers in the camp who do not have such awareness would have given the adult medicine to the baby. God only knows how many babies, children and even adults died due such medical negligence. Who is there in the camp to watch, monitor and investigate? Deaths are just that, deaths and no investigations are done as to the cause of it.

     

    "Patients often queue up for doctors for hours even before the doctors arrive from outside. No one in the OPD clinic will know when the doctors are likely to arrive. One just waits around taking one’s chances. For all this the level of sickness among inmates is far higher than among the population at large and it is obvious.

     

    "Take the eight tent group where I was staying. Five of the tents out of the eight had children under 10. One child died; one became seriously ill and taken away to Vavuniya hospital and all the other children had frequent fever, vomiting and diarrhoea. The children were wasting away and it was visibly obvious. Some of the children had persistent skin disease despite several visits to the doctors and treatment. Four of the children contracted HepatitisA and the parents were told by the doctors to just take good care of them and give lots of fruits because the hospitals had no medicine. Fruits were very expensive in the camp. There is a native treatment for HepatitisA involving a plant named “Keelkainelli” in Tamil. Even to get this plant was a struggle because it meant someone has to bring it from outside and handover to the inmates at the meeting spot as described later.

     

    "People young and old suddenly dying after a few days of fever is a common occurrence. All of us were left puzzled as to the cause and no one gave any explanation. All of us without exception have suffered diarrhoea at least once and most of us many times.

     

    "I used to keep telling myself during the stay in the camp how lucky I was that I do not have any young children under my care. The unhygienic living, especially the play area and the continuous illness is an ordeal for the young mothers. Even thinking about the condition of newborns and their mothers who are sent back to the camp conditions soon after birth is an ordeal. Perhaps the most telling scenes of the camp conditions and the health service can be found by visiting the OPD clinics and observing young mothers with very sick babies waiting for long time in queues with tears trickling down their face.

     

    "Children went to makeshift schools staffed by teachers who were also interned in the camp. Many teachers have lamented how they can teach while living under such conditions. The school is made up of sheds with uneven floor covered with tarpaulin. The children cannot even place their books on the uneven floor to write. They have to keep the soft cover books on their knees to write.

     

    "Most of the young children have to carry very heavy buckets of water to assist their parents who are also struggling to care for the children often as a single parent. The little bodies bent like a question mark under the weight surely would have done permanent damage.

     

    "If we can tolerate the incarceration of the entire population of young children from a community which is clearly leading to long term damage to their development, how does this measure up in any of the international humanitarian/human rights laws? Can the long term damage done to them be measured and judged?"

  • News in Brief

    UK Lanka deportations 'under review'

     

    A British court has called upon the authorities to consider accusations of human rights violations in Sri Lanka while reviewing deportation of failed asylum seekers to the island. High Court Judge Pelling, QC, has made the remarks after the British Home Office informed the court that the country’s policy is under review after the end of the conflict in Sri Lanka. The judge made the remark at Manchester High Court while delivering a judgment of an appeal by a Sri Lankan Tamil national, only known as Mr. B, against his continuous detention since 26 May 2006 by UK Border Agency (UKBA). Judge Pellling said: “First, at least one reason for the review must be not so much the end of hostilities itself but a concern about possible human rights abuses against the minority in the aftermath.” A spokesman for recently formed Tamil Legal Advocacy Project (TLAP) hailed the Home Office decision despite coming under heavy pressure from UK right wing groups to deport illegal migrants. (BBC Sinhala)

     

    Detained in Welikada for 15 years

    A team from a Human Rights Organization called Peoples Forum for Independence that visited the Welikada prison made a startling disclosure that they found a Tamil youth who was arrested at the age of fourteen has been under detention for fifteen years under the Prevention of Terrorism Act (PTA). Now the youth is 29 years old. He is among several Tamil political prisoners who have been detained under the PTA and Emergency Regulations (ER) without any inquiry and without recourse in courts, said an official of the organization to the Colombo media. The HR team visited Welikada prison eek and talked to several Tamil political prisons including senior journalist Mr. Tissanayagam who was sentenced to jail for twenty years. The team came to know the particular Tamil youth during that visit. (TamilNet)

     

    Tamils arrested at Katunayake

    Thirty-one Tamil youths were taken into custody by the State Intelligence Unit of the Sri Lanka Police at Katunayake International Airport in four separate incidents. The arrested youths are now detained in the Katunayake Police and are being interrogated. In the first incident on October 15, eleven Tamil youths took a flight to Singapore, but were refused permission to enter and returned to Colombo, where they were taken into custody. In the second incident that took place on Friday, October 16, eighteen Tamil students were arrested by the State Intelligence Unit personnel when they arrived in Katunayake International Airport to take a flight to London, despite having valid student visas issued by the UK embassy. Separately Thuraisamy Sureshkumar, 32, of Araly North of Jaffna district was arrested on October 10, and Thangarajah Nishanthan, 21, of Karuveppankulam, Vavuniya district, was arrested on October 20, as they were waiting at the Katunayake International Airport to go abroad for employment. They both had valid travel documents. (TamilNet)

     

    War areas to be explored for new avenues of US, Sri Lanka economy

    Assistant United States Trade Representative for South and Central Asia, Michael Delaney, who led the U.S. delegation in the seventh council meeting of the Trade and Investment Framework Agreement (TIFA), a bilateral agreement reached between the USA and Sri Lanka in July 2002, has said that both the countries have now identified new areas of cooperation, adding that the purpose of the meeting was to "foster economic development and generate jobs, particularly in the war-affected areas." Sri Lankan Minister for Export Development and International Trade, G. L. Peiris, led the Sri Lankan delegation. “The seventh round of TIFA talks takes place at a historic juncture in the Sri Lankan economy. It is heartening to note that the TIFA process has already begun to expand beyond its traditional boundaries,” said Peiris, according to a press statement issued by the U.S. Embassy in Colombo. Total two-way trade between Sri Lanka and the United States totaled $2.3 billion in 2008, with U.S. imports of $2 billion and U.S. exports of $283 million, according to the press statement. "The leading U.S. exports to Sri Lanka were aircraft, cereals, industrial machinery, electrical machinery and plastics. U.S. imports from Sri Lanka are primarily apparel, rubber, precious stones and industrial machinery. In 2008, U.S. imports from Sir Lanka qualifying for GSP preferences were valued at $153 million," the press statement said. (TamilNet)

     

     

    'India offered to help Lanka if IMF denied fund'

    India had offered to shore up Sri Lanka with a loan of $2.6 billion to meet a balance of payments crisis if the IMF had not given the amount on political grounds, the Sri Lankan Home Minister, Dr Sarath Amunugama, told Parliament on Tuesday, October 20. He said that Indian Prime Minister Manmohan Singh had even told the International Monetary Fund on one occasion, that India would supply that amount if it did not approve the standby credit facility for Sri Lanka. “The Indian Finance Minister Pranab Mukherjee had telephoned the Indian representatives of the IMF and instructed them to support Sri Lanka’s case,” the Sri Lankan Home Minister said. In his speech, the Indian representative had said that if human rights violations were a criterion for denying the standby facility, many of the member countries of the IMF would not qualify. The Sri Lankan government would never forget the assistance and backing of India and Pakistan during difficult times, Dr Amunugama told parliament. (Expressbuzz.com)

  • Donors "frustrated" as camp conditions show no improvement

    Donors are increasingly concerned over the conditions in Sri Lanka’s camps for internally displaced people (IDPs) and are less likely to provide funding if they continue to restrict IDPs’ freedom of movement, say UN officials.

     

    The donors are becoming increasingly "frustrated" over the closed nature and conditions of the IDP camps, said Neil Buhne, the UN Resident and Humanitarian Coordinator for Sri Lanka.

     

    Conditions in the illegal detention camps, where over 240,000 Tamil civilians remain forcibly held against their will, have shown no signs of improvement as the threat of flooding from monsoon rains draws ever closer, he said.

     

    “Among the donors we talked to, there is a hesitation in terms of their assistance to camps over the next three or four months if there’s not significant progress on people returning, or larger numbers of people being allowed to leave,” Buhne told the Integrated Regional Information Networks (IRIN), a project of the UN Office for the Coordination of Humanitarian Affairs.

     

    The Menik Farm camp complex, surrounded by barbed wire and 24-hour armed security patrols by the Sri Lankan Army, is the single largest concentration of Tamils in the country.

     

    The camp has expanded rapidly and consists of 10 zones, with a population of nearly a quarter of a million Tamil civilians.

     

    A United Nations Common Humanitarian Action Plan (CHAP) report identified that US$270 million were needed for 15 projects, to which Buhne had said the response had been "pretty good".

     

    However, he carried on to say “donor fatigue is really in respect to continuing these closed camps… Donors have not said no, but they have indicated their concerns to us”.

     

    The Government vowed to release 80% of the camp inmates by the end of the year, but that target now seems increasingly unlikely.

     

    “Large areas where people lived or used for economic activity... have been extensively mined... but demining takes time...” President Mahinda Rajapaksa said at a Ministerial Meeting of the Asian Cooperation Dialogue in Colombo. He was trying to justify the failure to release the detained persons by the promised date.

     

    “There have been numerous promises, but there needs to be tangible change. We want concrete action instead of promises,” a senior official from a western donor agency told IRIN.

     

    “If the camps open, then I think there will be a lot of donors willing to give more. But as it stands, the concerns are too great to continue to support a closed camp scenario,” the official added, speaking on condition of anonymity.

     

    “The message we’re getting is that it may be difficult to sustain the amount of funding we’ve had over the last months into 2010,” concluded Mr Buhne.

     

    This follows a recent announcement by the UK government also that it would no longer be able to provide funding for the camps.

     

    The British decision was announced after a visit to the Menik Farm complex by the country’s international development minister Mike Foster, who was accompanied on his rare visit by BBC reporters, who were able to document the dire conditions in which the people actually lived.

     

    "There is no water to drink. There is no water to bathe. We are going to die here," were the grim words of one of the many camp inmates.

     

    There have been at least 2 protests by the camp inmates, both of which have been violently suppressed by the Sri Lankan Army.

     

    One incident, according to the UNHCR resulted in several people being injured "including a child who was hit by a stray bullet and is now paralyzed".

  • Sri Lanka faces trade loss

    Sri Lanka is set to lose trade concessions worth more than $100m after a European Union investigation found it in breach of the human rights commitments it had made in exchange for lower tariffs.

     

    A year-long independent report commissioned by Brussels found shortcomings in Sri Lanka's protection of civil and political rights.

     

    The European Union has found Sri Lanka in breach of International Human Rights laws, implying that Colombo does not fulfil the basic human rights conditions of GSP plus, according to an exclusive update by Reuters.

     

    A spokesman for Lady Ashton, the EU's trade commissioner, said: "The Commission has completed a thorough investigation into the human rights situation in Sri Lanka. The report comes to the conclusion that Sri Lanka is in breach of [its] commitments."

     

    The EU report serves up a wide-ranging critique of Sri Lankan human rights, and includes charges that government security forces were complicit in the recruitment of child soldiers.

     

    "The assessment report says Sri Lanka does not fulfil the requirements of GSP plus," one EU source told Reuters.

     

    "The evidence is very clear that Sri Lanka does not fulfil the basic human rights conditions of GSP plus," the source was quoted as saying, citing the report.

     

    Brussels has consistently warned Sri Lanka it must meet 27 international human rights conventions to retain its GSP plus trade scheme.

     

    "GSP plus is not an instrument used for short-term political crisis, but is meant to provide long-term stability," a European Commission official told Reuters.

     

    "This is not a trade sanction. There are rules for GSP plus and if you break the rules, then unfortunately there are consequences. They will keep basic GSP either way."

     

    The suspicion of violations of the UN Convention against Torture, the UN convention on the Rights of the Child and UN Covenant on Civil and Political Rights triggered the investigation and the report has supported these suspicions with complicity in the recruitment of child soldiers by the military and un-investigated civilian disappearances.  

     

    Human rights organisations have welcomed the findings having long-called for investigations into war crimes by the Sri Lankan military.

     

    "You name it and Sri Lanka has the problem," Brad Adams of Human Rights Watch told Deutsche Welle.

     

    "From extra-judicial killings, disappearances, torture, illegal detentions, 250,000 people illegally detained in displaced persons camps, war crimes allegations from the final assaults on the LTTE - it's quite a terrible record."

     

    The blockage has yet to be approved by member states but despite last minute attempts by groups such as ‘Friends of Sri Lanka’ and many British retailers such as Marks &Spencer to prevent it, it is likely to go ahead due to the findings.

     

    The Sri Lankan government in reply has steadfastly withstood pressure on human rights and has repeatedly said it will not forgo its ‘sovereignty’ at the behest of western governments.

     

    Claiming that their new key allies - Pakistan, China and India - will be more than capable of making up for the shortfall they have refuted the report and any possible independent investigation.

     

    In an attempt to support its government the country’s central bank has declared that there would be no adverse impact on its exporters.

     

    "Our exporters are resilient and the loss would be minimal," K.D. Ranasinghe, director at central bank's economic research department, told Reuters.

     

    The government is currently studying the EU report and will raise its counter-arguments to compel European governments to prevent the block. The decision will be made towards the end of the year by a vote.

     

    Sri Lanka is a beneficiary of the EU's Generalised System of Preferences Plus scheme, which gives 16 poor countries preferential access to the trading bloc in return for following strict commitments on a wide variety of social issues.

     

    Sri Lanka was handed the preferential treatment following the 2004 Indian Ocean Tsunami.

     

    The scheme provides the holder the opportunity to import trade products into the EU for much lower tariffs then they would otherwise face and Sri Lanka has since reaped the rewards of it being granted.  

     

    Its suspension from the scheme - which still has to be approved by member states - would be the first since its inception in 2005.

     

    Trade with Europe is key to Sri Lanka's economy: EU members account for 38 per cent of its exports, and provide it with a large trade surplus which Sri Lanka uses in turn to finance an equivalent deficit with neighbouring India.

     

    Sri Lanka’s garment industry earned $3.47 billion from the EU as well as $1.2 billion from its tea exports. 

  • UN Chief - Sri Lanka "resisting" investigations

    The UN High Commissioner for Human Rights, Navi Pillay, criticized the Sri Lankan Government on the issue of "accountability" and for refusing to co-operate “to our many requests for an international investigation of what we say is widespread acts of killing of civilians."

     

    She made the comments during a speech at a press conference in Brussels.

     

    “We have pointed out that they have in the past attempted to hold national investigations of very serious acts of killings that occurred of NGO and humanitarian workers and these investigations were dropped," said Pillay.

     

    “They do not have a very good record in holding serious investigations. Now, I am engaged in discussions with the Secretary General over what kind of mechanism would be acceptable. But as I said the bottom-line is that the government is resisting these suggestions," said the former South African judge.

     

     She also mentioned that “such a request has also been made by the (UN) Secretary General and we are working very closely with the Secretary General to hold the President of Sri Lanka to his promise which he made to the Secretary General that he will look into the issue of accountability and so we want to know what kind of mechanism is he setting up."

     

    The UN Commissioner also mentioned that the Sri Lankan Government, both publicly and to the UN Secretary General stated that they would not allow her to enter the country.

     

    Her call was reiterated by her colleague Rupert Colville a few days later.

     

    "We still believe that something like the Gaza fact-finding mission is certainly warranted given the widespread concerns about the conduct of the war in Sri Lanka," said Colvile, referring to recent fact finding mission into the Israel-Palestinian conflict on the Gaza Strip earlier this year.

     

    "It seems that more clarity is likely to emerge about who did what to whom and whether or not war crimes and crimes against humanity and other very serious war crimes were committed by one or both sides," said Colville, a spokesman for the UN High Commissioner for Human Rights.

     

    "The issue of some 240,000 - 250,000 displaced people living in what are in effect internment camps continues to be of great concern... We hope the government takes serious actions to fulfill these commitments in the very near future" he added.

     

    The statement comes after publication of a US State Department report that contained reports of atrocities committed at the climax of the war earlier this year. Sri Lanka has so far categorically rejected all calls for investigations into war crimes.

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