Sri Lanka

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  • Landmark European ruling says Tamils risk torture if deported

    In a rebuke of Britain’s efforts to deport Tamil asylum seekers, the European Court of Human Rights allowed Thursday the appeal by one refugee, finding that he was at risk of torture by the Sri Lankan authorities if returned there.

    Immigration lawyers said the European Court’s ruling was ‘very significant’ as the forcible removal of hundreds of Tamils had been held up pending this judgment. The Court’s decision came as the British government praised the Sri Lankan government’s efforts on human rights.

     

    The Court’s decision Thursday in the case ‘NA vs. United Kingdom’ is intended to give guidance to national and European decision makers in assessing asylum claims by Tamils fleeing persecution by the Sri Lankan state.

     

    In short, it says that deporting NA to Sri Lanka would contravene Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”).

     

    The judgement noted: “The Court has taken note of the current climate of general violence in Sri Lanka. …It also notes that those considered by the authorities to be of interest in their efforts to combat the LTTE are systematically exposed to torture and ill-treatment.”

     

    In June 2007, NA appealed to the European Court of Human Rights, saying the UK’s deportations were contravening the European Convention for the Protection of Human Rights and Fundamental Freedoms.

     

    In response to the appeal, the Court decided to apply Rule 39 of the Rules of Court (interim measures), insisting the UK government not to expel NA till his case was heard.

     

    Thereafter, the Court received an increasing number of similar requests for interim measures from Tamils who were being forcibly returned to Sri Lanka from Britain and other European States.

     

    This stoppage has since been granted in respect of 342 Tamil applicants in the United Kingdom. Immigration lawyers say that many other Tamils who were not able to appeal in time, had been forcible deported.

     

    The UK protested against the interim measures in October 2007, saying the situation in Sri Lanka did not warrant the suspension of forcible removals and that it would not voluntarily assist the Court this way – the UK called for a lead judgment by the Court.

     

    That judgment came Thursday.

     

    The Court upheld NA’s appeal and also ordered the UK to pay NA in respect of costs and expenses incurred as a result of the case.

     

    NA, a Sri Lankan Tamil had claimed asylum in August 1999 on the grounds he feared both the Sri Lankan government and the LTTE.

     

    He had been arrested and detained by the Army six times between 1990 and 1997 on suspicion of involvement with the Tigers. Each time he was released without charge. Whilst in detention he had been ill-treated and his legs were scarred from being beaten. During the 1997 detention the applicant had been photographed and his fingerprints had been taken.

     

    NA said he also feared the LTTE because his father had done some work for the Army. He said they had also tried to recruit him in 1997 and 1998.

     

    NA claims were repeatedly rejected by the British Home Office and in April 2006, his deportation was ordered. The UK government argued the general situation in Sri Lanka did not indicate any personal risk of ill-treatment and there was no evidence that NA would be personally affected upon return.

     

    The UK argued, the fact NA had been released each time he was arrested was an assurance he was safe. The Court held otherwise.

     

    Meanwhile, British Foreign Minister Lord Malloch-Brown, who is visiting Sri Lanka, was quoted as telling President Mahinda Rajapaksa that Sri Lanka “had achieved something remarkable and impressive in establishing a process for the resolution of human rights issues.”

     

    Sri Lankan Foreign Minister Bogollagama told his British counterpart that Colombo appreciated the UK's understanding of the complexity of the issues in question, a government statement said.

  • Producing (In)Security

    As South Asia's political leaderships meet in Colombo this week and next, Sri Lanka's protracted conflict burns on. President Mahinda Rajapakse's government refused to reciprocate the Liberation Tigers' offer last week of a unilateral ceasefire and has instead continued its offensive. But the Tigers' diplomatic maneuver has served the purposes for which it was intended. To begin with, the LTTE's message of goodwill to the SAARC conference has further embarrassed Colombo. These are, in any case, not the conditions under which the Sinhala state had expected to play host to South Asia's leaders this year. There is no historic triumph over the Tamil rebellion to showcase to neighbours. Instead there is the ignominy of India not being prepared to entrust the safety of its delegation to the Sinhala armed forces. Despite Colombo's hysterics, Delhi does not envisage a threat from the Tamils. Rather, it is Sri Lanka's problematic dalliance with Pakistan and the shadowy Islamic radicalism which Islamabad is said to be stoking in the island's east which is at the forefront of India's concerns. That and, of course, Sri Lanka's heightened engagement with rising power China. If it needed underscoring, the two Indian warships off Colombo's shore will remind SAARC delegates on whose terms the future security of South Asia - and the Indian Ocean - will be based.

     

    Firstly, the Tigers' offer of a unilateral ceasefire has underscored yet again that it is the Sinhala state, not the LTTE, which is determined to pursue a military solution to the Tamil question. Some international actors have sought to blame 'both sides' while others have preferred to blame the 'terrorists' for the violence and to back the state. The refusal to pursue even a temporary cessation of hostilities - which plausibly could have led to a permanent ceasefire and perhaps international diplomatic efforts towards peace (indeed, the Norwegians have made it clear their good offices are still available) - has once again demonstrated, as many Tamil voices, including this newspaper, have repeatedly argued, that Sri Lanka has no interest in either negotiations or power-sharing with the Tamils.

     

    Secondly, the silence of the international community to both the LTTE's offer and Colombo's rejection of ceasefire speaks volumes of their own commitment to negotiations and a just peace. Had Sri Lanka made the offer of ceasefire and the LTTE refused it, the howls of protest from the self-styled peace-builders amongst the international community would have deafening. (Ironically, the silence which appears from a Tamil perspective to be unequivocal support for the Sinhala state will seem in the eyes of the Sinhala nationalists to be international complicity in the Tigers' treacherous ploy.) Either way, the pointed message for those Tamils still awaiting international intervention on their behalf is not to hold their breaths. In this regard too, the LTTE's ceasefire offer has served its purpose.

     

    The third aspect of the LTTE's offer is the message to the countries of South Asia. Sri Lankan leaders have long projected the Tamil resistance to their vicious repression of the Tamils as a threat to 'the region'. Nothing could be further from the truth. It is Sri Lanka's obsession with establishing Sinhala hegemony, rather, that has sparked and escalated war and insecurity off peninsula India. The LTTE does not pose a threat to any country except the chauvinistic Sinhala state. Indeed, the LTTE pointedly does not involve itself in the quarrels of the region. Nor is it a conduit for geopolitical tensions into the region.

     

    Moreover, the Tamil demand for independence will no more spur separatism in the region than would those of the Kosovans', say, or the East Timorese'. Indeed, the LTTE's message - enunciated recently in both the message to SAARC and LTTE leader Vellupillai Pirapaharan's Heroes Day addresses, including last year's - is that an independent Tamil Eelam would be a responsible member of the regional and international community of states.

     

    Which is more than can be said for Sri Lanka. For all its Buddhist pretensions, the Sinhala state is not identified with peace, non-violence and communal harmony, but with vicious violence towards its own citizens, with religious and ethnic persecution and contempt for the views of the international community. Certainly Sri Lanka has been able to enlist in the 'Global War on Terror', but, underlying the real undercurrents of that international project, which state has not been able to? Moreover, which state - in the region or elsewhere - can count the Sinhala state amongst its unswerving and loyal allies? This is not to deny that competing interests guide the actions of all states, but there are more or less principled ways for a state to pursue its own. The long-running Tamil rebellion, for example, pursues the safety of an independent state without interfering in the affairs of future neighbors and international allies. In short, it has consistently demonstrated, despite Sri Lanka's apocalyptic insistence to the contrary, that Tamil Eelam will be no threat to the region or spaces beyond.

  • Tamil Diaspora marks 25th anniversary of Black July

    Tamils across the world gathered to commemorate the 25th anniversary of Black July, the week in 1983 that saw a state sponsored pogrom kill over 3,000 of them killed in Sri Lanka.

     

    Events were held in the US, UK, Canada, South Africa, Netherlands, Australia, and New Zealand, among other countries.

     

    Over 2,000 British Tamils gathered in front of the parliament last Wednesday to commemorate the deaths during that week of violence in Sri Lanka in July 1983. Age, religion, and gender were no barrier as the whole spectrum of Tamils, from grandparents to babies in push chairs, attended the candlelight vigil between 8pm and 10pm.

     

    Although the British parliament was in recess, a few parliamentarians turned up to show their support. Leaflets were handed out during rush hour at various points to raise awareness among the British Public of the continuous human rights violations carried out by the Sri Lankan government.  

     

    In Canada approximately 350 people filled the Nepean City Hall, Ben Franklin Place, Ottawa, to capacity last Wednesday. The event was marked by a minute of silence for the victims who lost their lives in the pogrom and was followed by the Canadian national anthem sung by children.

     

    Thanks were given to the people and the countries that helped the victims of Black July and those displaced by the pogrom. Canada was thanked by many speakers for opening its doors to over 250,000 Tamils fleeing Sri Lanka after July 1983.

     

    Prayers were held by multi-faith religious leaders for those who lost their lives during the pogrom.

     

    An audio visual presentation on the Black July pogrom was made, in which the recorded footage of the actual events and testimonials from some of the victims were presented.

     

    Victim Testimonials were also presented by prominent community members on their personal harrowing experiences during those fateful days in July.

     

    Members of the Tamil community overwhelmingly signed up for blood donation under the "partner for life" national campaign in gratitude for the kindness offered by Canada in providing a safe haven for Tamils

     

    Also on Wednesday, Tamils in Netherlands gathered in Amsterdam to commemorate Black July. The event, jointly organised by the Tamil Women’s Organisation and the Tamil Youth Organisation, included a photo exhibition showing the suffering of Tamils at the hands of successive Sri Lankan governments and a street drama by the youth to provide further explanation to the locals who were observing.

     

    People for Equality and Relief in Lanka (PEARL), a US-based advocacy group, held a rally at Russell Senate Park, Washington, last Thursday and the rally was attended by over 600 participants from several U.S States.

     

    Two U.S. Congress members, through letters of support read at the rally, recognized the American Tamils' effort highlighting the human rights crisis in Sri Lanka.

     

    The rally was held in partnership with the U.S. Campaign for Burma (USCB), which commemorated the “8.8.88 Uprising” in Burma, in which thousands of peaceful protestors calling for the restoration of democracy were killed by that country’s armed forces.

     

    Participants called for the U.S. government’s help in ending the human rights crisis in Sri Lanka by advocating for U.N. human rights monitors on the ground.

     

    The rally concluded with a vigil to commemorate the victims of Black July, in which survivors of the pogrom shared their experiences.

     

    Others read the testimonials of survivors, performed commemorative songs and recited poems in honour of the victims.

     

    More than 600 South African Tamils assembled at the Kharwastan Temple Hall in Chatsworth,South Africa to observe the 25th anniversary of Black July on Friday, 25 July.

     

    African National Congress (ANC) Member of Parliament, Sisa Njikelana from Gauteng Province, delivered the key note speech, comparing developing situation in Sri Lanka to those in Rwanda and Brundi.

     

    An audio visual presentation of events that unfolded in July 1983, and clippings illustrating the human rights violations against the Tamil people were shown to the audience. South African Tamil youths gave dance and music programs that included Tamil Eelam songs.

     

    Asserting that South Africans are prepared to express their opinions publicly, Mr Sisa said: "[t]he looming tragedy of global inertia in situations such as Sri Lankan conflict is a matter of grave concern. The same occurred in Rwanda and Burundi – the world was just watching and dilly-dallying whilst humans were butchering each other. There are times whereby my observation leads to one conclusion i.e. the conflict in Sri Lanka is not a priority to some of the key global players and therefore may just have to be “shelved” for the time being."

     

    Australian Tamils held three events, beginning with a rally at the heart of Sydney Friday morning, followed by a protest meeting, and on Saturday afternoon a photographic exhibition in Melbourne at the State Library Forecourt, opposite the Melbourne Central Railway Station.

     

    More than 200 Australians assembled in Sydney City on Friday to protest the Sri Lankan State sponsored genocide towards Sri Lanka's Tamils.

     

    Police cordoned off main roads in the city as the demonstrators made their way beating drums at 10:30 a.m. Covering their mouths with black cloths to symbolise the oppressed cries of the Tamils' and participants finished the demonstration with the cries of "The charge is genocide; the struggle is for freedom!"

     

    The rally shut down several key transport arteries as it moved from State Parliament House towards Sydney Town Hall.

     

    The rally commenced with a testimony from Mrs Nalayini Santhra who shared her experience of Black July, where rioters supported by the government threw burning tyres upon her father and brother, burning them alive. She was 17 years old at the time.

     

    After the rally, participants moved to the Sydney suburb of Burwood, and assembled at Burwood Park, where many Tamil organisations of Sydney, under the leadership of the Australasian Federation of Tamil Associations, held a peaceful protest meeting held from 12 – 2 pm.

     

    Speaking at the event representing the Eelam Tamil Association, Dr. Victor Rajakulendran said, “Eelam Tamil association believes, a political solution, recognising the Tamils of Sri Lanka as a Nation, their entitlement to claim the territory they have historically occupied as their homeland and their right to self-determination can only, put an end to this, 60 years long suffering of the Tamil people in Sri Lanka. Therefore on this important day for the Tamils, I appeal to the Australian government and all the peace loving Australians, to make every effort to find that political solution and save the Tamils in Sri Lanka from State sponsored Terrorism.”

     

    On Saturday afternoon Tamils in Melbourne gathered at the State Library Four Court, in front of the Melbourne Central Railway Station to commemorate Black July and draw the attention of the Australian public to the plight of Tamil people in Sri Lanka.

     

    A photographic and video exhibition organised at the steps of the Library Four Court attracted the attention of the Australian public. A Tamil youth band provided the entertainment at the exhibition site.

     

    In New Zealand also the New Zealand Tamil Medical Association (NZTMA) and the Tamil Youth Organistion (TYO-New Zealand) organised a blood donation drive, and on Friday held a vigil marking the event.

  • Looming humanitarian crisis in Vanni

    Over 45,000 people have been displaced in the past four weeks due to shelling and aerial bombardment by Sri Lankan Security forces, a Sri Lankan based NGO said. 

     

    45,338 additional persons have been displaced in Mannar, Vavuniyaa, Kilinochchi, and Mullaitivu districts, due to the shelling and aerial bombardment by the Sri Lanka Security Forces in the last four weeks, adding to the Internally Displaced People (IDP) population of 107,048 in Vanni, said a report released by the Tamils Rehabilitation Organization (TRO).

     

    Already schools and public buildings are overflowing with people seeking shelter, while those unable to find accommodation are gathered under trees and along the streets in large numbers.

     

    The TRO report warned that the restrictions imposed by the Government of Sri Lanka to humanitarian agencies to attend to the IDP needs have created conditions for an imminent humanitarian crisis in Vanni.

     

    "Prior to the recent displacement most sectors had the minimum stocks necessary to address the needs of the IDPs but there was limited amount of contingency stocks available for any new IDPs. Stocks available in the Vanni are now dangerously low, especially in the food, shelter, water & sanitation and health (WASH) sectors," the report said.

     

    "The ability of all humanitarian organizations operating in the Vanni to provide humanitarian assistance to IDPs and other vulnerable populations is greatly compromised by the GoSL fuel quotas," it added.

     

    The embargoes and restrictions are violations of International Humanitarian Law (IHL), International Human Rights Law (IHRL) and the Geneva Conventions, the report pointed out.

     

    "Entire schools have also been displaced as a result of the return to war. The teachers and principals of these schools have also been displaced and have had to leave without their educational items (books, chairs, desks etc.) These schools are, where possible, functioning on the premises of existing schools in the areas into which the IDP population has displaced.

     

    "Classes are conducted under the trees and in temporary classrooms constructed from locally available natural materials. Due to the parents’ fear of shelling and bombing many parents are reluctant to send their children to school and as a result attendance is down in many schools," the report said.

     

    TRO urged the International Community to "hold the GoSL accountable for violations of IHL and IHRL and ensure that humanitarian assistance and access are unimpeded," and thanked the Tamil Diaspora for "its ongoing support."

     

    The report also requested the Diaspora to continued to provide necessary support, and to raise awareness among the developed nations of the suffering of the people of the NorthEast.

  • Sri Lanka rejects LTTE truce offer

    A unilateral ceasefire offer by the Liberation Tigers, to cover the period of the SAARC conference in Colombo, was rejected by the Sri Lankan government, a day after it was made.

     

    But senior officials of the Colombo government gave different responses as to the government stance on the truce offer, announced formally by the LTTE Political Wing on July 21.

     

    "The Government of Sri Lanka is not prepared for ceasefire with the LTTE", the state controlled Sri Lanka Broadcasting Corporation (SLBC) announced in all three languages on July 22, quoting Gotabhaya Rajapakse, the Defense Secretary and brother of Sri Lankan President Mahinda Rajapakse.

     

    "The ceasefire announcement is a ploy by the LTTE when it is being militarily weakened in the war front, to strengthen it militarily under the guise of holding negotiation. There is no need for the government to enter into a ceasefire agreement with the LTTE" the SLBC quoted as Gothabaya Rajapakse as saying.

     

    "If we have to believe the LTTE they should first disarm themselves and then surrender," the Defense Secretary was also quoted as saying in the government media.

     

    Meanwhile Dr. Rajiva Wijesinghe, Secretary General of the Government Peace Secretariat (SCOPP) was quoted as saying that the government would wait and see if the LTTE’s offer would come through peace-facilitator Norway.

     

    "We need peace. We will wait and see if they will make the offer to us directly or through Norway (the peace facilitator), if they (LTTE) are serious about it," Wijesinghe told AFP.

     

    "They (LTTE) has offered similar things in the past and militarily beefed up their capabilities. We need to be careful," Wijesinghe said.

     

    The day after the public announcement, Norway officially passed on the unilateral ceasefire offer.

     

    The Rajapakse government had earlier rejected continued involvement in the Sri Lankan conflict by Norway and had denounced Oslo’s six year peace facilitation.

     

    Meanwhile Foreign Miister Rohitha Bogollegama vowed in parliament that the government would not even respond to the LTTE’s offer of a ceasefire.

     

    "We will not respond to it," Bogollegama told parliament, AFP reported. "It has no binding on us."

     

    The government would not enter into any agreement with the LTTE, the Sunday Time squotes him as saying.

     

    The leader of the House Nimal Siripala de Silva said the guerrillas would have to lay down arms and then come for talks. He added that the Government would not fall into "an LTTE trap" which was intended to buy time, re-arm and re-group.

     

    At least two similar truce offers were made by the Tigers between 1994 and 2001, which were rejected by the then Sri Lankan governments.

     

    In 2002, the LTTE made another offer, which was accepted and reciprocated by the then United National Party (UNP) led government, leading to negotiations which resulted in the landmark Ceasefire Agreement (CFA) of 2002.

     

    The Rajapakse government formally abrogated the CFA in January 2008, two years after commencing full scale military offensives against the LTTE.

     

    The LTTE’s formal offer a ceasefire for the SAARC conference (between July 26 and August 4) comes after senior leaders of the movement gave assurances they would not disrupt the event, being held in Colombo amid the Rajapakse government’s all out war against the Tigers.

     

    “We believe that the other countries in the SAARC group will support us in our just struggle for the freedom of the Tamil people,” the Head of the LTTE Political Wing, P. Nadesan, told The Sunday Leader newspaper.

     

    Amid Sri Lankan government claims that the LTTE was hostile to India, the regional hegemon, senior LTTE leader K.V. Balakumaran, told the Australia-based Cheythi Alaikal radio:

     

    “We have said clearly Tamil Eelam is not against India; we will uphold Indian welfare as our own. There was a time, when India looked after our welfare as her own. India will change its current policy towards us one day. We believe firmly, our strong cultural ties to our brothers and sisters in India will help their policy makers to select a just and fair path towards our people. [But] we cannot wait for India’s change of mind to continue with our liberation. One fact should be clear, no one should doubt our friendship, and strong ties to India.”

  • Sri Lanka's east in shadow of war

    The government called the victory the "dawn of the east" and held a nationwide celebration on 19 July 2007, days after the last Tiger stronghold fell.

     

    It announced a host of development measures, and in May this year provincial elections were held for the first time.

     

    A leader of a breakaway group from the Tigers was appointed chief minister after helping fight against the LTTE.

     

    But a year on, troops are still just as visible in major cities, towns and even in villages in the east.

     

    Military checkpoints and stop and search operations are aimed at preventing "infiltration" by the Tamil Tigers - locals say such massive troop deployments in civilian areas increase their feeling of insecurity.

     

    "All those who got training from the LTTE went with them to northern areas. Yet the military views all Tamils with suspicion," says one resident of Batticaloa.

     

    In some places the military are camped on private property. The army insist they pay compensation for using the land, but those affected say that is not the case.

     

    Locals say many people have been randomly picked up for interrogation, on suspicion of having links with the Tamil Tigers.

     

    Most are released after a day or two but some end up in prison.

     

    "They arrested my son on suspicion that he might have received armed training from the LTTE. He has been in prison for the past seven months," says one man in the village of Echilampattu in Batticaloa district.

     

    "All my efforts to bring him out have failed."

     

    Analysts believe the LTTE's intelligence wing and other elements continue to operate in the east - officials say that is why security needs to be so tight.

     

    Since last summer violence has continued.

     

    The chief secretary of the eastern province was assassinated last July and this May a naval transport ship was sunk in Trincomalee harbour, hours before the start of voting.

     

    Tamil political parties backed by the LTTE boycotted the election.

     

    The military's victory was achieved after months of heavy fighting resulting in huge human cost.

     

    In many cases entire villages were abandoned. More than 200,000 people became internally displaced refugees.

     

    According to the government, about 110,000 people have been resettled in Batticaloa district. Nearly 12,000 others are still waiting.

     

    In the district of Trincomalee the picture is similar.

     

    Internally displaced people living in the refugee camps say they lack basic facilities like toilets and clean drinking water.

     

    Those who have been resettled say they have still to receive support from the government.

     

    Most villagers in resettled areas now live without electricity. Many school buildings damaged or destroyed in the war are yet to be rebuilt.

     

    In many places students sit under temporary shelters made asbestos.

     

    "These sheets increase the intensity of the heat. As a result the students suffer from a number of health problems," one headmaster told the BBC.

     

    Damage to property has been immense.

     

    Many houses have been partly or totally damaged by different kinds of bombs, shells and bullets.

     

    Kavita Malar, a young mother who lives with her daughter, received a house worth 300,000 Sri Lankan rupees (about $2,900) as compensation after the 2004 tsunami.

     

    It was badly damaged in the fighting, with some holes created by shells big enough to allow a dog to pass through.

     

    "This house is not stable. Whenever there are strong winds I leave my house and go to my father's house which is nearby," she says.

     

    "I am scared the house may crumble - I am living with fear."

     

    According to the chief minister of the eastern province, Sivanesathurai Chandrakanth (better known as Pillaiyan), 130,000 houses are totally or partly damaged.

     

    He says the government has plans to repair and rebuild all these houses and to complete the rehabilitation work in the next 18 months.

     

    The government is giving 325,000 rupees (about $3,000) to rebuild completely ruined houses.

     

    But there is a widespread perception that not many in need actually receive this financial help.

     

    Sri Lanka's disaster and resettlement minister, Abdul Risath Bathiyutheen, told the BBC that $80m from the World Bank and $40m from the European Union had been used to build houses in areas affected by war.

     

     

    He added that talks were continuing to secure a further $43m from the World Bank. Yet he is not sure how many houses are being built.

     

    "There are a number of ministries and NGOs (non-governmental organisations) doing this work. So it is not possible to give an exact figure."

     

    A senior official from a local NGO says continuing insecurity is the major obstacle in the development process.

     

    "Fear of return of war prevails among the aid donors and it is preventing the flow of funds for large housing construction plans," he says.

     

    Apart from housing, fishing was also badly hit.

     

    Villages dotting the eastern coast were battered by the tsunami in December 2004 and most of the relief work since then has been undone by the war.

     

    Kantaiya Padmanahban is a fisherman from Vaharai in Batticaloa district whose mother died during the tsunami.

     

    He was given a new boat by an NGO but war erupted when he was rebuilding his life. He abandoned the boat and ran away.

     

    When he came back after a year in various refugee camps, his home was damaged and his boat was completely destroyed.

     

    "A shell might have fallen on top of it - a direct hit might have destroyed my boat. They have not given me any compensation to buy a new boat, nets etc, I have no work to do," he says.

     

    In some places the government has built roads and hospitals. But the operation to win hearts and minds, it seems, has a long way to go.

  • Kilinochchi, Mullaiththeevu, not far away, says President

    It is "not too far away," to "liberate the people of Kilinochchi and Mullaiththeevu" and make them live under a "democratic set up" now being "enjoyed by the people of the eastern province," declared Sri Lankan President Mahinda Rajapaksa, addressing a provincial election campaign meeting in Anuradhapura on Saturday.

     

    The statement comes after Sri Lanka Army officials in Colombo told media that their forces were making "rapid progress" in Vanni, claiming that the SLA recovered 37 dead bodies of LTTE fighters together with arms as the Sri Lankan forces were engaged in consolidating an offensive line south of Mallaavi.

     

    "Like capturing the LTTE territory, the UPFA would also capture the power of the NCPC and Sabragamuwa Provincial Council," he said.

     

    The Sri Lanka Army is determined to free the peoples of the two districts under the LTTE control, Mr. Rajapaksa further said.

     

    According to the SLA claim, 33 LTTE dead bodies were recovered in Vavunikkulam, south of Mallaavi, with arms including a mortar, 23 T-56 assault rifles and one Rocket Propelled Gun (RPG).

     

    A further 4 bodies were recovered at Kalvizhaan, northwest of Vavuniykkulam, according to the SLA.

     

    Meanwhile, LTTE officials in Vanni said 26 Sri Lankan Special Forces commandos were killed Friday and that the Tigers had recovered one body of the SLA soldier.

     

    One RPG, one PK-LMG, two T-56 assault rifles were also seized by the Tigers at Kalvizhaan on Friday when heavy fighting ensued between the advancing SLA and the LTTE defensive units.

     

    More than 45 SLA soldiers sustained heavy wounds, according to the Tigers.

     

    The SLA was engaged in offensive attacks on Saturday, the first day of the unilateral ceasefire announced by the Tigers in connection with the SAARC conference being held in Colombo.

     

    Meanwhile, the Defence Secretary called on Army deserters to return to their posts.

     

    Gotabaya Rajapakse appealed to over 10,000 soldiers who had left the military for various personal reasons during the past four to five years to return to fight for their motherland, the Sunday Island newspaper reported.

     

    "This is a very decisive juncture when the security forces have got the upper hand and need all the help they can get", he told the Sunday Island during an interview on July 26.

     

    The Tigers are in disarray - they are falling apart like a pack of cards and fleeing for safety leaving behind heavy guns and artillery as never seen before, the Defence Secretary and brother of the President asserted.

     

    "We have spent a lot of money and time on training these soldiers professionally and they had subsequently left for personal reasons. We can expedite the process for them to return and all that they need to do is to come back", he assured.

  • ‘Neighbours’, but so what?

    One oft-asserted claim in reference to Sri Lanka’s ethnic crisis and especially the Tamil demand for independence on the grounds of persecution by the Sinhala-dominated is that most Tamils live outside the Northeast, i.e. “amongst” the Sinhalese.

     

    In short it is implied, Tamils and Sinhalese have basically amicable relations, because, firstly, Tamils are “happy” to live amongst Sinhalese and, secondly, there is no communal, majoritarian violence.

     

    But these assertions are wrong as they are based on untenable assumptions.

     

    To begin with, no communal violence today is no guarantee it will be so in future.

     

    Secondly, many Tamils have no choice but to accept the risk of communal violence and come to the south. Not only are the central mechanisms of administration and economic life in the south (Colombo) and not in the Tamil areas, but the conflict-stricken Northeastern areas are already dangerous for Tamils.

     

    Past Tense, Future Imperfect

     

    The first assertion that because they are presently living safely in the south amongst the Sinhalese the Tamils have nothing to fear is plainly challenged by the histories of communal violence in numerous places - including Sri Lanka, itself.

     

    Here are a just few instances where once apparently ‘peaceful’ neighbours have turned on neighbours:

     

    -          India/Pakistan: Hindus and Muslims lived “amongst one another” under centuries of British rule, but the imminent formation of the independent states of India and Pakistan resulted in both mass movement and widespread communal violence between them;

     

    -          Yugoslavia: In post WW2 Yugoslavia, Serbs, Croats and Muslims lived “amongst each other” without major communal violence until the end of the Cold War. But ethnic and religious violence on a massive scale erupted within a couple of years (resulting, ultimately, in the formation – sometimes peacefully - of several new ethnically-defined independent states);

     

    -          Rwanda: In 1994, the Hutu majority turned on the Tutsi minority in genocidal violence – notably, shortly after a power-sharing pact had been signed;

     

    -          Iraq: Sunnis and Shiites lived ‘peacefully’ together under Saddam Hussein’s dictatorship – even though his Sunni-dominated regime was persecuting Shiites along with the (Sunni) ethnic Kurds. It didn’t take much, after the US invasion, for whole slaughter between Sunnis and Shiites to erupt, resulting in the present ethnic enclaves across the country. (Moreover, the present ‘peace’ has involved the US arming the Sunnis militia while the Shiites - and Kurds - dominate the new armed forces.);

     

    -          Kenya: earlier this year, simmering ethnic animosities erupted into violence that resulted several deaths (and ultimately required forceful international intervention to fashion even the present fragile accommodation);

     

    -          Tibet: China sent in the military this year to quell rioting by Tibetans. Their mobs’ target? Not the Chinese state apparatus, but ethnic Han Chinese who have been increasingly settling in Tibet over decades;

     

    -          South Africa: also in 2008, ethnic riots between South Africans and migrant workers erupted on a scale that has embarrassed the self-styled ‘Rainbow nation’.

     

    -          Germany: large numbers of Jews opted to remain “amongst the Germans” even as the Nazis assumed power and formalized their persecution.

     

    Whilst all these instances of communal bloodletting of course have different contexts and dynamics, on what basis of distinction can it be guaranteed mass violence against Tamils will not happen in Sri Lanka?

     

    Tamils in the South

     

    Whilst most Tamils originating from the Northeast (even many of the ‘Colombo Tamils’ have their familial roots there), large numbers have indeed lived in the south, amongst Sinhalese. But they have also suffered communal violence from the Sinhalese – condoned and sometimes openly supported by the Sinhala-dominated state.

     

    As Prof. Sankaran Krishna points out it, the period since independence in 1948 has been “punctuated by bouts of annihilatory violence, often called pogroms, directed against the Tamils in 1956, 1958, 1977, 1981 and 1983”.

     

    And in his seminal 1984 essay titled ‘The Open Economy and Its Impact on Ethnic Relations in Sri Lanka’, Sri Lankan academic Newton Gunesinghe described the period from 1977 to 1983, as “one of incessant ethnic rioting” by Sinhalese against Tamils.

     

    Prof. Krishna has written a key text on underlying dynamics of Tamil-Sinhala relations, titled ‘Post Colonial Insecurities: India, Sri Lanka and the Question of Nationhood’.

     

    He points out that, viewed against the Sinhala nationalist ideology of a majority-minorities hierarchy, these “periodic explosions of violence against Tamils represent efforts to put them back in their places on grounds they have become too assertive and need to be taught a lesson” (p54).

     

    This month marks the 25th anniversary of the 1983 anti-Tamil pogrom, when those Tamils ‘living amongst the Sinhalese’ were systematically massacred and driven from their homes in the south, including the capital, Colombo, often by their Sinhala neighbours.

     

    As has often been pointed out, the Sri Lankan state did nothing to stop the bloodletting. In fact, electoral lists were released to the rioters and army trucks moved groups of armed thugs from neighbourhood to neighbourhood.

     

    Six days after the mobs began their killing, President Junius Jayawardene made his first announcement in a radio broadcast.

     

    He did not apologise, comfort or promise protection to the Tamils. Instead he blamed the pogrom on the desire of the Tamil people for separation, which, he said, began in 1976.

     

    Ever present danger

     

    It has sometimes been pointed out that since 1983 there has been no repeat of such Sinhala-on-Tamil violence.

     

    But, firstly, that is to ignore the racial dynamics of the armed conflict in the Northeast: the Sri Lanka armed forces are overwhelmingly Sinhala-dominated. Today’s efforts to “teach the Tamils a lesson and put them in their place”, as Prof. Krishna puts it, is now the preserve of the Sinhala military.

     

    Secondly, it is to ignore the latent “threat” of Tamil self-defence or counter-violence: during the previous pogroms or riots, there was no sizeable organized Tamil militancy.

     

    In any case, the possibility of future communal violence cannot be discounted. Indeed, the threat is sometimes raised openly by Sinhala leaders and politicians.

     

    In early 2006, Sri Lanka’s Foreign Minister, Mangala Samaraweera, on a visit to the United States, told the press that if attacks on Sri Lankan troops by the Tamil Tigers continued, his government “may not be able to restrain” the Sinhala people.

     

    (Samaraweera, having split from the government of President Mahinda Rajapakse, has not styled himself as a champion of human rights.)

     

    Also, in early 2006, Champika Ranawake, a senior minister in the present ruling alliance declared: “in the event of a war, if the 40,000 government troops stationed in Jaffna are killed, then 400,000 Tamil civilians living in Colombo will be sent to Jaffna in coffins.”

     

    In Feb 2007, Ranawake, who is also the ideologue of the ultra-Sinhala nationalist monks’ party, the Jathika Hela Urumaya (JHU), openly urged the murders of critics of his government’s critics, saying: “If they can't be dealt with existing laws we know how to do it. If we can't suppress those bastards with the law we need to use any other ways and means!”

     

    This attitude is reflected in a myriad of state practices when it comes to engaging with the Tamils; from the security forces at the checkpoints to the courts to the seeking of employment.

     

    Given all this, there is the question as to why Tamil “choose” to live in the south amongst Sinhalese. The answers are: escaping the warzone, pursuing basic economic life and transit.

     

    For many Tamils, the areas outside the Northeastern warzone are comparatively safer places.

     

    Whilst disappearances, indefinite detention, torture, etc are a risk in the south, the risks of these are far greater in their home towns and villages in the Northeast (consider the situation in Jaffna, for example, which has been under state control for 13 years). By the way, the imminence of (Sinhala) violence is referred to as ‘impunity’ by the international community.

     

    Secondly, following decades of state exclusion from investment, even by the early eighties, the Northeast had little prospect of economic life outside state employment.

     

    Which is why, despite, as Prof. Gunesinghe puts it, the period from 1977 to 1983, being described as “one of incessant ethnic rioting”, large numbers of Tamils remained in the south. Their luck ran out in 1983.

     

    Yet, there is little choice for Tamils trying to survive today. Attempting to secure a basic economic life, many accept the latent risks of living in the south. Their desperation is heightened by Sri Lanka’s rampaging inflation.

     

    Then there are those Tamils trying to get out of Sri Lanka, either for safety or to seek employment abroad to support families in the Northeast.

     

    But with the state administration (travel and other papers), international embassies (visas) and the island’s sole international airport being in Colombo, large numbers of Tamils have come to Colombo and languish in squalid ‘lodges’ or crowd relatives’ homes while they try to arrange their departures.

     

    Hardly the idyll of ethnic harmony claimed by those who abstractly point out that “most Tamils” – and that, incidentally, is also an uncorroborated claim – “live amongst the Sinhalese.”

  • In Search of our roots

    The Tamil Youth Organization of Canada, in partnership with the Canadian Tamil Congress and The Academy of Tamil Arts and Technology, held a youth conference titled “In Search Of our roots” at the University of Toronto in Scarborough on July 27. The conference was as part of a series of events remembering the Black July riots of 1983. 

     

    “The event was a means for our youth to be better informed and educated about the ‘Past, Present and Future’ of the Tamil Community,” the TYO said.

    The keynote speakers included Dr. Yamuna Sangarasivam, Dr. Joseph Chandrakanthan, and Dr. Ellyn Shandler, who all shared their experiences and knowledge about the pre and post1983 riots that marked the lives of Tamil people so deeply..

     

    The TYO, supported by Toronto based lawyer Harini Sivalingam also facilitated the workshop titled “Addressing Negative Portrayal of Tamil Canadian Youth,” which tackled current issues that Tamil youth and the general Tamil community face with the media as well as within the Education and Justice system.

      

    The day wrapped up with Beate Arnestad’s documentary titled “My daughter the Terrorist” which was well received by the youth.  The conference came to a conclusion with the three partnering committees highlighting the importance of youth engagement and participation within the Canadian and Tamil communities.

  • TYO-NZ goes green

    Tamil Youth Organization New Zealand (TYO-NZ) went green on Sunday July 13, planting some trees in Auckland as part of a mentoring program for young Tamil children.

     

    Youth from TYONZ took children from Poonga Tamil Community Education on a tree planting trip organized by the Auckland City Council. The tree planting session was a follow up in a series of mentoring sessions by the TYONZ around the various Tamil schools in the Auckland area.

     

    Many young Tamil people, including some Tamil community members, planted over 400 trees in a native bush area surrounding the Auckland Zoo. The participants increased their knowledge of the native trees, the wildlife and the importance of sustaining New Zealand's clean, green environment.

     

    TYONZ says it hopes to be able to run more mentoring programs throughout the year to give young Tamils good role models and positive outcomes to look forward to.  And to integrate them into the New Zealand way of life while sustaining their Tamil heritage and culture.

  • LTTE leader pays homage to Black Tigers

    LTTE leader Mr. V. Pirapaharan participated in the Black Tigers commemoration day events held in Vanni on July 5.

     

    356 Black Tigers have laid down their lives, 254 of them in sea operations, during the last 21 years since 05 July 1987, when the first Black Tiger Captain Miller, drove an explosive laden truck on Sri Lanka Army (SLA) troops garrisoned at Nelliyadi Central College in Vadamaraadchi in Jaffna, the LTTE said.

     

    Last year, Black Tiger commandos stormed the Sri Lankan airbase in Anudradhapura in LTTE's first combined Black Tiger and Tamil Eelam Air Force attack, destroying more than 10 aircraft.

     

    LTTE's media unit released edited photos of LTTE leader paying homage to Black Tigers who died in their missions.

     

    Senior Commanders of the LTTE and other Black Tigers were present with Pirapaharan at an undisclosed location in Vanni.

     

    76 of the 254 Black Sea Tigers who have died were female commandos. 81 male and 71 female Black Tiger commandos have died in ground operations.

     

    Six music albums were published by the head of the LTTE Intelligence Wing S. Poddu, Special Commander of the Sea Tigers Col. Soosai, Head of LTTE's Military Intelligence Ratnam, Political Head B. Nadesan, Head of LTTE's military academies Col. Aathavan and a commander of the Sea Tigers Naren in the event, Tiger officials told media in Vanni.

  • Australian Tamils join global rallies

    Tamils in Australia gathered at Pongu Thamil (Tamil upsurge)events in Melbourne and Sydney over the weekend of 5 and 6 July to lend their voices to the global show of Tamil solidarity.

     

    “Let the International Community hold a referendum to get the will of Eelam Tamils for an independent homeland if it is not convinced of their sentiments shown explicitly through the events of Pongu Thamil all over the world. Australia supported such a referendum in East Timor,” said Tamil National Alliance MP, M. K. Shivajilingam, when he came to address the Pongu Thamil event held at Sydney on Sunday July 6.

     

    Speaking at the event, Mr. Gnanam Sivathamby, a former principal said that the International community is ignorant of the fact who are the terrorists and who are the terrorized in Sri Lanka.

     

    "We do not want war. The Tamils are a peace-loving people. We want a peaceful solution. But, we want peace with justice and freedom", said a young member who spoke at the event.

     

    "We have witnessed too much discrimination, too much blood shed and too little justice. It is too late and we have come too far to compromise on Tamil Eelam" spoke another young member.

     

    Over 3000 Tamil Australians gathered at Mason Park in Sydney Sunday afternoon for the event, which was largely organized and addressed by the Tamil youth of Australia.

     

    Many of those who attended were clad in red and yellow and carried pictures of the LTTE leader V. Pirapaharan.

     

    A similar event was held in Melbourne on Saturday at which over a thousand Tamils gathered in Federation Square. The event included traditional Tamil dancing, music and speeches on the Tamil people’s struggle for self-determination in Sri Lanka.

     

    Mahenda Rajah, president of the Eelam Tamil Association of Victoria, outlined the oppression of the Tamil’s in Sri Lanka. He described the state-sponsored “colonisation” schemes, where Sinhalese settlers were placed in traditionally Tamil areas with the aim of making Tamils a minority, told of the decision to make Sinhala the sole official language of Sri Lanka, and described other state measures that discriminate against Tamils in “employment, economy, education and every other area of life”.

     

    Peaceful protests have been met by violent repression. Rajah said: “Tamils have been subjected to intimidation, torture, rape, unlawful imprisonment … There have also been cases of targeted killings of Tamil members of parliament, journalists, human rights activists, religious and community leaders, and civilians who speak out against the human rights violations of the Sri Lankan government and armed forces.”

     

    Referring to the formation of the Liberation Tigers of Tamil Eelam (LTTE), Rajah said, “Tamils were forced to defend themselves” against the violence. The LTTE had been willing to negotiate with the Sri Lankan government and a peace agreement was signed in February 2002, but the government later withdrew from it.

     

    Rajah urged people to “support us to achieve a lasting negotiated political solution” that would “establish a recognised homeland for the Tamils with full autonomy”.

     

    Other speakers at the Pongu Thamil event included Bishop Hilton Deakin, retired Uniting Church minister Richard Wootton, Tamil radio broadcaster Anthony Gration, aid worker Jason Thomas, Margarita Windisch from the Socialist Alliance and Green Left Weekly, and visiting TNA MP M. K. Shivajilingam.

  • Spontaneous show of solidarity in Canada

    In a spectacular show at short notice, more than 75,000 Canadian Tamils spontaneously gathered at Downsview Park in Toronto, Canada, for the Pongu Thamil event, forging solidarity for the cause of Eelam, on Saturday, July 5.

     

    It was in fact a response to the oppressive policies of the International Community against Eelam Tamil nationalism, observers said.

     

    The Pongu Thamil declaration at the gathering included seeking International Community recognising Tamil nationalism, Tamil homeland and self determination of Tamils; Canada to reverse the decision on the ban of LTTE and the World Tamil Movement and urging the IC, including Canada, to put an immediate end to the genocide of the Tamils by applying military, economic and diplomatic sanctions against Sri Lanka.

     

    The key speaker for the event was Australia based Sri Lankan physician Dr. Brian Seneviratne, a member of the Bandaranaike family, who said international lobbying, strengthening the military might of the Tamils and influencing the Sinhala people to pressurise Sri Lankan President Mahinda Rajapaksa to come to his senses are the three ways to end the sufferings of the Tamils.

     

    The event started at 3:00 p.m. by ceremonious lighting of lamps by Paramu Visaaladchi, the mother of the late S.P. Thamilchelvan, former political head of the LTTE and Sukunam Pararajasingham, the wife of the late Joseph Pararajasingam, TNA parliamentarian from Batticaloa.

     

    The venue was turned into a sea of red and yellow flags and balloons, while motorists trying to reach the site of the rally clogged many of the main roads.

     

    The time and venue of the event was announced only by 6:00 p.m. on the previous day, to prevent sabotage by the agents of the Government of Sri Lanka, according to the organisers.

     

    The rough estimate of Eelam Tamil population in Canada is around 300,000.

     

    "It was compelling realities that made every fourth person to think it as his or her duty to attend the rally. There is enough message for the International Community to read," said the organisers.

  • India chases the Dragon in Sri Lanka

    Gripped by civil war for over two decades, Sri Lanka is fast becoming a battleground for the two Asian giants - India and China. The looming struggle for influence has Delhi worried as the stage is on India's southern doorstep.

     

    Separated by a narrow stretch of water, the Palk Straits, India and Sri Lanka have generally had good relations, although India has wielded significant influence on the island for decades.

     

    That influence is now being steadily eroded by China, Pakistan and a host of other countries. China's military ties with Sri Lanka have strengthened, as has its role in the Sri Lankan economy.

     

    Last year, Sri Lanka and China signed a US$37.6 million arms deal for the supply of ammunition and ordnance to the Sri Lankan army and navy.

     

    According to the Times of India, China is also supplying Sri Lanka with Jian-7 fighters, JY-11 3D air surveillance radars, armored personnel carriers, T-56 assault rifles, machine guns, anti-aircraft guns and rocket-propelled grenade launchers and missiles.

     

    Chinese economic assistance to Sri Lanka grew five-fold last year to touch $1 billion, thus displacing Japan as Sri Lanka's largest donor.

     

    There is also a visible increase in China's presence across the island. In the capital Colombo, China is funding the construction of a performing arts theater.

     

    At Norochcholai in Puttalam district, north of Colombo, it is constructing a coal power plant and in the Mannar area China has been awarded a block for exploration of oil and gas.

     

    And at Hambantota, 230 kilometers south of Colombo, the Chinese are building a port at an estimated cost of $1 billion - over 85% of the project is being funded by the Chinese. The four-phase project is scheduled to be completed in 15 years and work on the first phase began last year. The second phase envisages construction of an industrial port with a 1,000-meter jetty and an oil refinery.

     

    The entire project will include construction of a gas-fired power plant, a ship repair unit, a bunkering terminal, an oil refinery and storage facilities for aviation fuel and liquefied petroleum gas, reports the Daily News, a state-run English daily from Colombo, adding that although Hambantota port has been planned as a service and industrial facility, "it could be developed as a transshipment port in the next two stages to handle 20 million containers per year".

     

    China's rising profile and presence in Sri Lanka has India worried.

     

    For one, China's proximity to Indian shores has implications for India's security. "The semi-permanent presence, which the Chinese are now getting in Sri Lanka, will bring them within monitoring distance of India's fast-breeder reactor complex at Kalpakam near Chennai, the Russian-aided Koodankulam nuclear power reactor complex in southern Tamil Nadu and India's space establishments in Kerala," writes B Raman, retired chief of the Research and Analysis Wing, India's external intelligence agency.

     

    Besides, there is the impact that Chinese (and Pakistani) arms supplies are having on the Sri Lankan government's approach to the ethnic conflict in the country.

     

    Unlike India, which is in favor of a negotiated political settlement to the conflict, neither Pakistan nor China is averse to the Sri Lankan government persisting with the military option in tackling the Liberation Tigers of Tamil Eelam (LTTE).

     

    And while India - due to domestic political compulsions as well as its commitment to a political solution - has been reluctant to provide the Sri Lankan armed forces with offensive weapons, Pakistan and China have had no such inhibitions. They have met Colombo's wish-list for weapons and this has in turn emboldened the government to persist with military operations, including aerial bombing of Tamil areas.

     

    Indian analysts have often pointed out that it is India's reluctance to supply offensive military hardware to the Sri Lankan government that has prompted Sri Lanka to turn to the Chinese and the Pakistanis. The two have been more than willing to meet Sri Lanka's demands with regard to military hardware. It is not surprising therefore that a grateful Colombo has warmed to Beijing.

     

    Indian officials are drawing parallels between Sri Lanka and Myanmar.

     

    It was India's refusal to do business with Myanmar's generals for years that laid the space open wide for the Chinese to fill. While India and the world ignored the junta, China quickly expanded its economic and defense ties with Myanmar, cementing its influence over the generals.

     

    Similarly, in Sri Lanka, with India reluctant to supply the weaponry that the Sri Lankan armed forces want, it has created a vacuum that China and Pakistan are happily filling.

     

    Unlike India and the European Union, which tick off the Sri Lankan government about abductions and aerial bombing of Tamil areas, China and others are willing to meet its military needs, without asking any questions.

     

    Like Myanmar, Sri Lanka today can ignore calls for a negotiated settlement to the conflict thanks to the economic and military support it receives from countries such as China, Saudi Arabia and Iran.

     

    If China's naval cooperation with Myanmar - the reported lease of Coco Island near India's Andaman Islands and its work in modernizing several Myanmar ports - has given the Chinese access to the Bay of Bengal and a presence near the vital Malacca Strait, the massive Hambantota port project on Sri Lanka's southern tip will give Beijing a significant presence in the Indian Ocean.

     

    This is a critical waterway for global trade and commerce, with half the world's containerized freight, a third of its bulk cargo and two-thirds of its oil shipments traversing it.

     

    Indian analysts have often drawn attention to China's encirclement of India, its deepening engagement with all of India's neighbors.

     

    This encirclement has now increased with huge Chinese involvement in Gwadar port in Pakistan, ports in Myanmar and now Hambantota in Sri Lanka.

     

    China's "string of pearls" is tightening around India, says a former Indian intelligence official, referring to the string of bases in Asia in which China has a presence.

     

    India is understandably worried. Last month, a high-level delegation visited Colombo. Among other issues, India is said to have discussed its concern over the growing Chinese presence in Sri Lanka.

     

    Reports in the media say India is stepping up its military support to the Sri Lankan armed forces.

     

    The Times of India reports that India is "virtually throwing open the doors of its different military institutions to train Sri Lankan armed forces in counter-insurgency operations" and is offering them "specialized naval courses in gunnery, navigation, communication and anti-submarine warfare".

     

    The "twin strategy of arms supplies and military training, coupled with intelligence-sharing and coordinated naval patrolling is primarily aimed to counter China's ever-growing strategic inroads into Sri Lanka," it says.

     

    As in Myanmar, where India has dramatically toned down its criticism of the junta over the past decade and prefers to call for reconciliation rather than harping on restoration of democracy, in Sri Lanka, too, Delhi seems to be slowly looking the other way - at least in public - with regard to Colombo's human-rights violations.

     

    At a recent United Nations human rights review in Geneva, India - unlike several Western countries which attacked Sri Lanka on its rights record, citing arbitrary arrests, abductions, involuntary disappearances, etc - focused on the positive aspects of the Sri Lankan situation.

     

    India fully backed Colombo by drawing attention to the "active role" it is playing in the UN Human Rights Council.

     

    Clearly, the Sri Lankan government has - like the Myanmar junta - learned to exploit the China-India battle for influence to its advantage.

     

    But it is not just the government that's playing the field. China appears to be flirting with both the government and the LTTE. A recent report in Jane's Intelligence Review says the LTTE has not only purchased small arms and ammunition from the Chinese but also heavier weapons such as mortars and artillery.

     

    While it is likely the LTTE purchased the Chinese-origin weapons from the black market, the possibility of Beijing playing the field cannot be ruled out. In which case, it is not India alone that should be worrying about the growing Chinese presence in the island. The Sri Lankan government has reason for concern.

  • Conversations in a Failing State'

    Towards the end of 19th century, the renowned American writer Mark Twain visited Colombo. While he was admiring the plurality of colour in the native dresses, somewhere in Pettah, he saw native children coming out of an English school, in line, in white uniform and in the same hairdo. ‘What an ugly scene’, he wrote, being sad at the way colonial institutions depriving natives of their pluralism. More than a century later, Patrick Lawrence, another American, comes to Sri Lanka to record the net results, a failed nationalism and a failed state, as consequences of the loss of pluralism.

     

    Almost unbelievably for a nation with so many advantages and so much promise, it was a legitimate question by 2006 whether Sri Lanka could be called 'a failed state,' writes Patrick Lawrence in his recent book ‘Conversations in a Failing State’, brought out by Hong Kong based Asian Human Rights Commission (AHRC) in March 2008.

     

    "Sri Lanka is at war with itself, and I had expected as much… It suggested, even then, the notion of a nation as a kind of forced imposition, as an idea no Sri Lankan appeared to grasp—not, at least, with enthusiasm or understanding."

     

    In his opinion, the failure of judiciary in Sri Lanka is the collapse of the last bastion of the state of Sri Lanka. He sees it not as the work of any single individual, but as the cumulative effect of the failure the system that started long back. This and the loss of public space in Sri Lanka are covered at length with many illustrative examples in his book.

     

    Mr. Patrick Lawrence was correspondent, commentator and editor in Asia for more than twenty-five years working for the International Herald Tribune, New Yorker and the Far Eastern Economic Review. The present publication is a result of his study as Senior Rapporteur for the AHRC.

     

    Excerpts from some of his interesting observations follow:

     

    On average Sinhala opinion:

    …You think of Sinhalese heritage. I’m Sinhalese, but I’m thinking of the heritage of this country. It so happens that ninety percent of our heritage was built by Sinhalese. The Sinhalese—they left a large amount of evidence to show that they were here for good, as it were. The others never left anything that signified their attachment to this place. What have they left? Nothing. They weren’t concerned about living here. They were just traders who went back.”

     

    The others: The Tamil population.

     

    Back: Back to Tamil Nadu, to southern India.

    Going back is a recurring theme among some Sinhalese. In 1981, just after the burning of the Jaffna Library, a legislator from the U. N. P. said of the Tamils in a parliamentary debate, “If there is discrimination in this land, which is not their homeland, then why try to stay here? Why not go back home, where there would be no discrimination? There you have your culture, your education, universities, et cetera. There you are masters of your own fate… It would be advisable for the Tamils not to disturb the sleeping Sinhalese brother…. Everyone knows that lions, when disturbed, are not peaceful.” […]

     

    What is striking about such versions of events, including Stanley’s, is how neatly the past is organized. […] The concern is simply that Tamils understand the past as they should, and so in whose country they live. […]

     

    Stanley said, “I don’t think there’s an ethnic crisis, even though they call it one. It’s just a terrorist group trying to create disorder. The Sinhalese and Tamils are very friendly people. It’s just not their homeland. They’ve left no achievements.” [Chapter 4]

     

    On Sri Lankan historiography

    What about history, then? On this point Shanthi was wrong. Yes, there have been formidable histories of Ceylon and Sri Lanka. Notable in this respect is the work of K. M. de Silva, the historian in Kandy. But de Silva’s book, A History of Sri Lanka, is not the history Sri Lankans share. It does not define the past of public space in Sri Lanka—not as people commonly think of it. The past in Sri Lanka has been both despoiled and neglected. And it is the despoiled and neglected past, not history, that Sri Lankans carry in their minds. The paradox is plain: History matters in Sri Lanka, but there is no history.

     

    Instead there is a mythical past, the past of Vijaya, the legendary voyager from northern India who, with seven hundred companions, is said to have come to Sri Lanka sometime in the fifth century B. C., whereupon the Sinhalese became Sinhalese. This is the past of great kings and great stones and great tanks. It is the past of we-were-here-first and ours-was-the-great-civilization. It is not a human narrative; it is not inhabited in the way history is by definition (and certainly not by those we now call the indigenous, who arrived at least ten millennia before Vijaya). […]

     

    There is Vijaya, of course, who enters the narrative by way of a text on a plaque [in the National Museum, Colombo]:

     

    The transition from Pre– and Proto–history to the historical period in Sri Lanka begins with the Indo–Aryan settlers headed by the legendary ruler Vijaya from North India around the 5th century B. C., thus commencing the Sinhalese race.

     

    This is sloppy logic and very sloppy writing—sloppy and provocative. There is the problematic word “legendary.” Are we acquiring a notion of history in these galleries, or a creation myth? […]

     

    Then the problem of “the Sinhalese race.” By even the most lenient of definitions, the Sinhalese are not remotely a race. And the scholars of our time are moving further and further away from any such notion: Contemporary thinking is such that the very notion of race is losing its validity. In any case, one has never heard of an heroic adventurer arriving somewhere and “commencing” a race. It is, prima facie, an impossible idea. [Chapter 11]

     

    On the Sinhala-Only Act

    Three years later S. W. R. D. Bandaranaike led the Sri Lanka Freedom Party, a party of conservative social democrats, to power, breaking the U. N. P.’s monopoly. Riding the populist wave, Bandaranaike appealed to the basest instincts of an insecure majority. Hence the main plank in his platform was “Sinhala only” as a national language. It worked, needless to say. He then went on to push through the language law—a measure that, I would argue, stands as the most tragic mistake and betrayal of principle in all of Sri Lanka’s history as an independent nation. [Chapter 1]

     

    It is difficult to date the beginning of Sri Lanka’s gradual decline toward the status of a failed state. One might say it started at independence, when the elite that took power from the colonial administration failed in the most fundamental task facing it: to bring the vast, excluded majority into the new polity and all its processes, to make citizens of the Ceylonese—to empower them, as we would say today. One could also point to Bandaranaike’s language law, which had a devastating effect on the consciousness of the Ceylonese as belonging to a modern, secular, multicultural nation at just the moment such a consciousness needed to be encouraged. [Chapter 2]

     

    On political violence and militarisation:

    How did violence, the threat of violence, and the fear these produce among the citizenry, become so endemic in a society that inherited so stately a thing as the Westminster model? This question, too, can be answered variously.

     

    In 1956, while parliament was debating Bandaranaike’s language law, Tamil leaders began a satyagraha at Galle Face Green. Satyagraha is an Indian term meaning, roughly, “support for the truth.” The term was much used during the Indian independence movement to describe resistance movements based on Gandhi’s principle of nonviolence. Those mounting their satyagraha at Galle Face Green were attacked by Sinhalese supporters of the language law, and eighteen people were injured. It is a tiny number compared with all the casualties that have followed, but perhaps we can date the appearance of violence in Sri Lanka, at least in its contemporary guise, to this small, mostly forgotten occasion.

     

    The dirty war and Argentina’s disappeared are well-known around the world. But Sri Lanka’s grim descent into violence and near-chaos is little understood outside the country. Foreigners are generally aware that there is a war between the government and the Tamil separatists, but this is usually cast in the simplistic terms of ethnic problems and a war against “terrorists,” a word often used to remove the need for any further understanding.

     

    If Sri Lanka is anyone’s space, it is theirs, not the space of its citizens. Public space is now military space. It is a kind of occupation zone. [Chapter 2]

     

    On Burning the Jaffna Library

    The most fateful fire in Sri Lankan history occurred in the city of Jaffna, in the far north, in 1981. It was set on the first of three nights of anti-Tamil violence and destruction that resembled a pogrom, a running Kristallnacht in the center of the Tamil community. Apart from the death toll, which was six, the greatest casualty was the Jaffna Library. [...]

     

    It is natural that those of Tamil extraction would mourn the loss of their library for many years, as many Tamils did. But the true loss was larger still than it was commonly understood to be. Jaffna Library was not only, or even primarily, a Tamil institution. Understood properly, it was Sri Lankan. It stood for the multicultural mosaic of the nation. As a national treasure, Sinhalese ought to have celebrated it just as much as Tamils did. In the burning of the Jaffna Library we must recognize not only an attack on an ethnic population, but the annihilation of public space. [Chapter 4]

     

    On Judiciary

    The judiciary was the last branch of government to give way to the corruption and politicization that have all but destroyed Sri Lankan institutions. Even as things crumbled all around it, the Sri Lankan judiciary was still considered to be among the best in the British Commonwealth. This seems to have been true until well into the 1990s, at least in the higher courts if not the lower. “First to go was customs,” Saminda once told me. “Then the police and the army. Then the civil service. And then the judiciary.” [...]

     

    To put a complicated history very simply, the high regard Sri Lankans have traditionally had for law has made it the perfect instrument for the creation of public disorder in the interest of political gain. [...]

     

    Had Sri Lankan judges and lawyers taken the path that their counterparts in Pakistan were to adopt, particularly in 2007, the independence of the judiciary and the larger history of Sri Lanka may have taken a different turn. The judiciary may have retained its capacity to intervene in important national issues and thereby reduce the extreme polarizations and disintegration that was to come in subsequent years. [Chapter 6]

     

    On torture

    In 2007 a global survey conducted by an American foundation found Sri Lanka among the world’s two or three worst offenders in the matter of official torture.(8)

     

    Thangavelu said toward the end of our conversation, when the files and records had been put away, “You cannot say there is no hope. The human resources are superb. You can turn around the mentality in a couple of years if you really concentrate on it.”

     

    Thangavelu described the problem in two words. “The mentality,” he said. One hears numerous other ways of expressing the thought. But what does “the mentality” actually mean? In all the reports, studies, case studies, and so on it is not visible. But what Thangavelu implied is correct: Human rights abuses in Sri Lanka are finally a reflection of the way people think, the complex of assumptions we can call the structure of their consciousness.[...]

     

    Identity is the process by which the stronger culture, and the more developed society, imposes itself violently upon those who, by the same identity process, are decreed to be a lesser people. Imperialism is the export of identity. [...]

     

    A psychiatrist who studied the Tamil communities affected by the war in the north and the east uses the term “existential fear,” and it is very apt. [...]

     

    This is the existential fear noted by Daya Somasundaram in Scarred Minds, his study of the Tamils. I single out this condition among the long list of disorders among victims of official violence not because it is any harder for the individual to bear than other disorders. It may or may not be: Extreme suffering always has a dimension that is, for the sufferer, infinite. I single out existential fear because the disorders that comprise it are all related to a perception and experience of power, especially the use of power that is arbitrary, so that it is unknowable and in a certain sense totalized. To suffer fear engendered by displays of unpredictable, unknowable power is now part of what it means to be Sri Lankan. It is the trap, as my jurist friend put it, into which Sri Lankans have fallen. [...]

     

    The police are victims. By numerous accounts they often find it necessary to intoxicate themselves before torturing a prisoner. Theirs are sordid lives. The lawyers and the colluding physicians are victims, too. So are the jailers and “henchmen” and those who collaborate in the creation of imagined crimes. [Chapter 8]

     

    On the grievances of Veddahs

    The discussion on the day of our visit was especially complex in this respect. It concerned another public space—the public space called “Sri Lanka.” This was the point of the long story the elders told, beginning with the promises of the first prime minister after independence. The old chief, who finally began to speak a little more, remembered them. Taken all together, they were promises of a place in Ceylon, and then in Sri Lanka, but no such place had ever been opened to them. And now they were rejecting it, as if to say, “We do not want to be part of the public space called ‘Sri Lanka.’” Hence Lokubanda, the man who spoke after the deputy chief: “We’ve decided to go back to the forest,” he had said. [...]

     

    As the story the elders told drew to a close, the enormity of the moment became clearer. They had defended their rights and way of life for years—in Colombo, before various international agencies dedicated to the world’s indigenous peoples. Now it was court cases; now it was “back to the forest,” laws and conservation officers notwithstanding. [...]

     

    “When we were in the forest we knew how to use it. When the Mahaweli diversion project started in the early-1980s, that’s when the destruction of things started. The younger generation is different. Look at the way they’re dressed. They wear caps and T-shirts. They don’t even know the language. When we try to teach it they’re not interested. It’s not taught in school, so the children get used to Sinhala.” [...]

     

    Another lively debate erupted. Someone whose name I did not learn said, “We’re supposed to keep our community intact. It’s not only the dress, but also the language.” [Chapter 11]

     

    On the Upcountry Tamils

    As the founding prime minister he quickly turned government into a kind of family business. Senanayake himself was also minister of defense and foreign affairs. His son, Dudley, was agriculture minister; his nephew, John Lionel Kotalawala, was commerce minister, and his cousin J. R. Jayewardene, the future president, held the finance portfolio. One of the first important acts of this family enterprise came in a series of three bills enacted in 1948 and 1949. These laws effectively disenfranchised Tamils working on the tea estates in central Ceylon. [Chapter 1]

     

    The plantation workers are still predominantly Tamil—poor, mostly unorganized, living in minimal conditions on the estates. Once you know the immense suffering that made these places what they are, it is impossible to drink tea again in the same way, or to look in the same way at the rows of tea bushes as they roll over the hilltops like the undulations of ocean swells. They are a beautiful sight, but too much pain and deprivation has been sacrificed for them to be beautiful and nothing more. [Chapter 7]

     

    On Muslim fear

    I had heard much of this before. I met a senior government official, a prominent jurist and a member of numerous commissions, who happened to be Muslim. Over the course of several days we discussed corruption, bribery, the penal code, the constitutional council. All of this we covered in careful detail, topic to topic, question-answer, question-answer.

     

    Then I put my pen down and closed my notebook. As so often when one does this, the conversation changed.

     

    “There is something else,” said the official, whom I am bound not to name. “It’s about the Muslim community. There is a climate of fear among the Muslims. You cannot see it. You will have to look to find it. But it is there. I am a Muslim. I can tell you, we are very frightened. We look at what they have done, and we ask, ‘Are we next?’ It is not a far-fetched question.”

     

    They: The Sinhalese majority.

     

    Have done: Done to the Tamils.

    [Chapter 11]

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