Sri Lanka

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  • ‘Every night now, I am afraid’

    Sri Lankan authorities were rounding up hundreds of ethnic minority Tamils in the capital of Colombo, forcing them onto buses to destinations unknown.
     
    They were allowed to return two days later , after an international uproar , but many Tamils are afraid the expulsions could mark the beginning of a new wave of persecution, and that the next knock on the door might be even more dangerous.
     
    "I'm scared about what will happen," said the woman, Sanmugam Rasamma, who came back to Colombo after her expulsion. "I'm scared it could happen again."
     
    For two decades, the Tamil Tigers , a highly secretive, well-armed group labeled a terrorist organization by the U.S. and many European governments , have fought to carve out a separate homeland for the country's 3.1 million Tamils, citing decades of discrimination.
     
    As violence has ratcheted up over the past two years, the harassment of Tamils has increased as well.
     
    Sometimes it's petty harassment. Sometimes it's worse.
     
    There are now far more roadside checkpoints, and Tamils usually take far longer to clear them. Tamils say they have a harder time finding work or gaining entry at universities. After rebel attacks, random Tamils , particularly the poorer ones, are often rounded up and interrogated.
     
    There are plenty of Tamils who do not suffer harassment , a handful of cabinet posts, for instance, are held by Tamils, and there are wealthy Tamil businessmen. But stories about anti-Tamil discrimination are a constant in the minority community.
     
    A retired literature professor recalled passing through a checkpoint without a problem when he was wearing pants and a shirt, but being stopped for hours when he went by wearing the flowing, white traditional Tamil cloak, called a vetti.
     
    "It was a nasty experience," said the professor, who asked not to be identified, fearing retribution. "These things happen quite often in Colombo."
     
    The reason for this: "There is a general suspicion that Tamils are potential terrorists," said Paikiasothy Saravanamuttu, executive director of Center for Policy Alternatives, a Colombo-based think tank.
     
    On June 6, authorities raided Tamil guest houses in Colombo, saying they were teeming with rebel activity and the move was a security precaution amid violence that has claimed more than 5,000 lives in the past 19 months.
     
    The government has not said if any of the 376 people rounded up were suspected in any attacks. Rights groups called the roundups arbitrary.
     
    The next day, after an outraged international response, the Supreme Court ordered police to stop the expulsions.
     
    Authorities bused 186 of the expelled back to Colombo. The others chose to return to their hometowns, police said.
     
    Thousands of Tamils have left their homes in the north and east , areas that have been wracked by bloodshed for most of the past year as government troops and Tigers battle , and come to Colombo with hopes of securing foreign visas and leaving the island.
     
    They often stay in cheap guest houses run by Tamil families while waiting for their paperwork, a process that can take months, if it happens at all.
     
    Now, despite the apologies for the expulsions, many fear what could happen next.
     
    "We were taken from the lodge so the manager and others knew what happened, but if you're caught alone, no one would know what was happening," said a young man who asked not to be identified for fear of retribution.
     
    "I'll sleep afraid tonight," he said. "Every night now, I'm afraid."
     
    The police often came to the hotel in the early morning to check the registry, particularly after Tiger attacks, said S. Yathavan, the hotel owner's son.
     
    But this time was different.
     
    "They said, 'Pack your bags, we have to send you back to your own place,'" said Yathavan.
     
    Rasamma, who said she was 65 but appeared older, knelt before the four policemen at her bedroom door, touching their feet to ask for mercy, she said.
     
    But they did not listen.
     
    "We were not told where we were being taken," she said.
     
    Twelve hours later, the bus stopped at Vavuniya, the last government-held garrison town south of the LTTE-held areas. Other buses went to Trincomalee and Batticaloa in the restive east.
     
    The group of roughly 30 Tamils were taken to a school yard, where they were given sleeping mats, Rasamma said. Human rights groups came the next day to take down names, and that evening they got back on buses to Colombo , scared, tired, but safe.
     
    "We didn't do anything wrong," said Rasamma, who is hoping to join a son in Canada, and is more determined than ever to leave Sri Lanka.
     
    "Until then, I hope nothing bad happens again," she said.
  • Gothabaya blamed for eviction fiasco
    The government of President Mahinda Rajapakse was in quandary following heavy condemnation of the forced expulsion of Tamils from the capital Colombo earlier this month.
     
    Under immense pressure following scathing criticism by international human rights organisations and strong condemnations from foreign governments, the President announced another ‘thorough’ investigation to identify the persons responsible for the eviction fiasco.
     
    He promised "disciplinary action against any wrongdoing on the part of any government official."
     
    Initial indications suggested that Inspector General of Police Victor Perera might be held responsible by the President. However the Sunday Leader paper published directives issued by the defence ministry revealing Gothabaya Rajapakse, President Mahinda Rajapakse’s brother, as the person behind the decision to evict Tamils from Colombo.
     
    Initially the Sri Lankan state brushed aside accusation of ‘ethnic cleansing’ from human rights organisations and claimed the transportation of Tamils from Colombo was voluntary.
     
    According to reports, Inspector General of Police (IGP) Victor Perera said there was no "forceful expulsion" of Tamils despite eyewitnesses accounts that men, women and children in low-budget hostels were forced at gunpoint to board buses with military escorts.
     
    "The IGP explained that these people had expressed consent to go home if free transportation was provided," the defence ministry said.
     
    According to Perera the government took the decision to remove the Tamils from hostels to secure the "the safety of millions of innocent people living in Colombo and its suburbs."
     
    The government too agreed with the IGP’s statement when Minister Keheliya Rambukwelle also tried to portray the operation as ‘voluntary’. He said the Tamils had “voluntarily come forward to be sent out of Colombo," and that the GoSL was transporting them "free of charge."
     
    However, as the condemnations poured in, the government started to distance itself from the operation with the President releasing a statement accusing officials of exceeding their authority by evicting Tamils from the capital.
     
    "Allegations that officials exceeded their authority in implementing this initiative will be thoroughly investigated and appropriate remedial action will be taken," a statement from the presidential secretariat read.
     
    Amid growing accusations of ethnic cleansing, Sri Lanka was also forced to make a public apology. The Sri Lankan Prime Minister Ratnasiri Wickramanayake accepted that the eviction was ‘a big mistake’ and said his government will take full responsibility for the expulsion of hundreds of ethnic minority Tamils from the Sri Lankan capital.
     
    "The government regrets this and it should never have been done," Wickramanayake said at a press conference in Colombo.

    "We accept responsibility," he said, adding it would not happen again.
     
    Wickremanayake also rejected claims by IGP Victor Perera that the Tamils had left Colombo of their own accord.
     
    "They (the police) asked people whether they want to go back to their village or not only after bussing them (256 kilometres) to Vavuniya," Wickremanayake said.
     
    Whilst the government tried to put the blame on the police, a defence ministry directives published by the Sunday Leader clearly showed the orders for the eviction came out of a meeting presided by defence secretary Gothabaya Rajapakse.
     
    The directives issued by Senior DIG of the North and East, Mahinda Balasuriya and dated May 31 reveals that the relevant authorities were directed to establish a rehabilitation camp in close proximity to Vavuniya town by June 6, one day before the evictions took place.
     
    Paragraph 8 of the directives states “DIG Wanni District: A rehabilitation camp should be immediately set up surrounding the Vavuniya town. A suitable location should be identified soon and after discussing it with the relevant authorities inform me of the details by June 6, 2007. The report has to be submitted to the Defence Secretary. Consider it as top priority.”
     
    Paragraph 10 of the directives states “from June 1, 2007, Tamil civilians who enter the Colombo city from the North and East would be sent back to the relevant operational areas in buses under police protection once they have completed their work in Colombo.”
     
    "They should then be handed over to the relevant police station by you. They should from there be sent to their homes by the respective OIC of the police station. Therefore the entrance and the departure of Tamil civilians to the Western Province should be done by the police and security should be provided.”
     
  • From democracy to farce
    “…there is no room anymore to assist terrorism directly or indirectly, and talk about democracy. This is because they use this democratic space to design the destruction of the entire society. The democracy that creates an opportunity for terrorism is a joke. It is no simple joke but a deadly joke.” - The President, Address to the Nation, 6th December 2006
     
    The President’s statement is a chilling reality of what democracy is in Sri Lanka today. There is no cognition of diversity in the timbre of democracy, or what passes for it, in Sri Lanka today. Indeed, it is the democratic space itself that is a threat to “national security” - since my own voice, and that of others not in line with the government, is seen, branded and subsequently eliminated as those directly or indirectly supportive of the “terrorist threat”. So the overt war on terror is covertly also about defining the art of the possible within a democracy. To paraphrase Fareed Zakaria writing in the late 90’s on the rise of illiberal democracy, Sri Lanka’s emergent socio-political cancers are those within democracy. This makes them more difficult to handle, wrapped as they are in the mantle of legitimacy given by peoples kept largely in the dark. In Sri Lanka today, there is single Chintanaya - an omnipresent and omniscient vision - that trucks no dissent or question. Like Chavez in Venezuela, this President preserves democracy only to gradually and inexorably eviscerate it. In an incredible yet revealing move, there is now even a special police unit formed to monitor any public admonition of the Chintanaya in particular and the government in general. Free speech, it seems, is increasingly an unwarranted appendage to what is required of true patriots in a time of war - blind faith, a slavish subservience and supine acceptance of Truth as determined by a coterie not known for their intellectual rigour.
     
    A case in point of this singular dullness was the President’s recent interview with Al-Jazeera. It is a confused and confusing riot. Reading it, I was almost convinced that all one really needs to do to secure peace, and indeed, for the LTTE to take the upper hand in global media stakes, is to stay silent and watch the ignominy of this government drowning in a quagmire of its own confusion. And yet, some of that which the President asserts is so outrageous, so incredible, that to allow them to pass without question is untenable.For example, the President on human rights in Sri Lanka: 
     
    Are you willing to accept that there are violations of human rights occurring?
     
    Knowingly, a state will not violate human rights, abduct people. That must be stated very clearly.
     
    But Human Rights Watch has documented at least 700 and more abductions during your term.
     
    Many of those people who are said to have been abducted are in England, Germany, gone abroad. They have made complaints that they were abducted, but when they return they don’t say. Some talk of a few people abducted from Colombo. We do not know whether they are fighting in Killinochchi, we have no way of finding out. This is all against the government.
     
    The first answer gives rise to all manner of glorious possibilities as to how human rights violations grow apace without the knowledge of the head of the state. Plausible deniability after all is a centre-piece of diplomacy and especially when one has trusted family to take care of the unpleasantness of contrary opinions voiced against one’s thought and actions. But it is the second that is really incredible.
    Clearly, my erstwhile colleague Vijayan, abducted from the heart of Colombo recently and transported some 200km to Badulla - traumatised and more than a little lucky to be alive - must have been attempting passage to Europe. And the hundreds of persons who have been meticulously documented by the Civil Monitoring Committee and human rights groups local and international, as having been abducted, missing or killed over the past year alone, are quite possibly enjoying the dolce vita on the French Riviera.
    This is farcical and to reiterate the gravity of the human rights situation in Sri Lanka at present is really to flog a dead horse - the damning facts and figures are a matter of public record. Multiple parties have been involved in the violations and they are growing unabated in a culture of total impunity.
     
    We are fighting terror with terror, with democracy, or what little is really left of it, blind and powerless. As the International Federation of Journalists (IFJ) recently said in response to an accusation that it was harder on the Government and softer on the LTTE which is a greater violator of human rights “...that the point here simply is that a democratically elected government that functions under the law is obviously to be held to higher standards of behaviour than an organisation recognised to be terrorist in nature. The point is not who is the greater offender. It is bad enough that the government is an offender.”
     
    During the course of the interview with Al-Jazeera, the President contradicts himself (“As a government we cannot have talks. We say that we are ready for talks always”), confuses (“Like I said before, [Prabhakaran] thought that we were weak, that the state is weak, that he is strong. But now, he has come to a point, where he has accepted that”), perplexes (“For the people, LTTE, peace - the people want peace, that is the truth, without defeating the LTTE, without defeating the terrorism of the LTTE. There is no politics in this”), and ends up undermining his own war against terror (“If they do not attack me, I will not attack. If they stay where they are, keeping their arms, I have no problem with that”). Out of a confounded farrago of befuddlement, we are left with the suggestion that an armed terrorist group in Sri Lanka is not a problem if they stay where they are and don’t bother “us”. Question obviously is what we make of the recent hue and cry of “liberating” the peoples of the North and East from the clutches of the LTTE?
     
    Quite frankly, the problem here is not even one that is based on the significant differences of opinion with the President on matters of conflict transformation and peace building. Fundamentally, it is one of communication. Except through coercion, outright terror, spin and disinformation (in Sinhala primarily) this government, like any other illiberal regime, is unable to secure and strengthen support for its war against terror domestically or internationally. A coherent, principled articulation of and for war requires an intelligence, moral authority, strategic vision and process design well beyond the capacity of this government. Ignorance is bliss and an electorate enveloped in bliss is one that will countenance economic depravity, corruption, nepotism and a further erosion of rights.
     
    But for how long?
     
    Already, signs are growing of sky-rocketing inflation and economic downturn that will be exacerbated by soon to be introduced insurance surcharges on shipping, which will render unworkable and useless the three year plan of this government for ultimate victory against the LTTE. This is quite simply the inescapable reality of asymmetrical warfare - the LTTE only has to strike occasionally and approximately at key financial, public and military targets to maintain a fear psychosis, whereas the Government has to (in principle) avoid civilian casualties, maintain human rights and regularly drum up significant victories against the LTTE in order to show its local support base, and the international community, of progress in the battle-field. Ultimate victory will be invariably Cadmean in nature - a victory that damages the victors as much as the vanquished. Put another way, there is emphatically no military solution to this conflict – only a political one, founded on a radical, democratic transformation of the State and the manner in which it is imagined, constituted, governed and given expression to in a new constitution.
     
    It is incontrovertibly not a task this government is up to.
     
    I fear that if we as a nation and peoples cannot find expression at all levels of polity and society to that which binds us in a greater humanity and overarching Sri Lanka identity, we tacitly contribute to the emergence of careerist political prostitutes, illiberal regimes and in essence, terrorists, that make a mockery out of democracy. 
  • Japan says human rights not a priority when fighting war on terror
    Mr Yasushi Akashi, Japan's special envoy to Sri Lanka reassured President Rajapakse his country's continuing support for Sri Lanka despite spiralling human rights violations by the latter.
    Japan will continue to give aid to Sri Lanka despite the country’s failure to address the spiralling human rights violations. Mr Yasushi Akashi, Japan's special envoy, made the announcement on Saturday June 9 at the end of his four-day visit to the country. Further, he told local press reporters that human rights issues takes second place when fighting terrorism.
    Japan is the single largest donor to Sri Lanka, and provides nearly two thirds of all international aid to the island. It has contributed 63 percent of total bilateral aid received by the country since 2003. Japan is also one of the Co-Chairs of the 2003 Aid Sri Lanka Conference along with the US, the EU and Norway that backed the peace process.
    When asked about the forced eviction and deportation of Tamils from Colombo, Akashi stated that “these certainly did not accord with the "values of a civilised society", but it was natural that these values sometimes suffered and were likely to be given "second place" in a country fighting terrorism”.

    Japan is the only co-chair that has not condemned the deportation of Tamils from Colombo on June 7.
    Whilst reassuring continued assistance to Sri Lanka Akashi was quoted as saying, “we have concerns and guidelines. We are for the rule of law, democracy, human rights and security,"
    The 2003 Tokyo declaration linked aid to progress in the peace process, but according to Kyodo News Akashi justified continuing assistance to Sri Lanka by staying “Japan does not want victims of the war to pay the price for the problems in the peace process”
     
    Other donor countries, such as EU and the US, have reduced their aid to Sri Lanka based on the country’s poor rights record.
     
    Over the past few months, number of governmental and non-governmental organizations, have condemned the increasing violence in the country, and the deterioration of the peace process.
     
    However, Akashi claimed that “it is difficult to measure or "quantify" progress in the peace process in an ever changing and complex conflict situation”,
     
    In a donor conference held in 2003 donor countries pledged $4.5 billion dollars to Sri Lanka, which was conditional upon progress in the peace process. However, most of this fund has already been dispersed despite the failing peace process.
     
    Akashi acknowledged that there were ‘deficiencies and shortcomings’ in regard to human rights in Sri Lanka, but he got the impression that these were being addressed by the government of the land.
     
    However, his statement contradicts the report published, last week, by the international human rights panel - International Independent Group of Eminent Persons (IIGEP) - appointed by the international community to investigate Sri Lanka’s handling of human rights abuses.  
     
    In the highly critical report IIGEP has concluded that, Sri Lanka has shown hardly any progress in dealing with human rights violations. In addition, the report went on to state Sri Lanka lacked proper procedures to deal with rights issues.
    When Akashi arrived in Sri Lanka on Tuesday, he said he found the atmosphere "heavy and depressing with a sense of crisis and tension. But at the end of the visit following talks with President Mahinda Rajapakse, he is leaving with a "certain amount of hope and optimism about the future of the country, reported the Kyodo News.
    Akashi did not meet the representatives of the Liberation Tigers of Tamil Eelam (LTTE) or the Tamil parliamentarians. The LTTE confirms that they were not approached regarding any possible visit to Vanni by the visiting envoy. This was Akashi’s fourteenth visit to the country since the peace process of 2002.
  • Britain calls for end to Sri Lanka’s military efforts and to resume talks with the LTTE
    Without a political solution resentment will build up and there will be more violence, in twenty-five or fifty years says Howells.
     
    Dr Kim Howells, Minister of State for Foreign and Commonwealth Office meets Rajapakse
    Dr Kim Howells, Minister of State for Foreign and Commonwealth Office, during his third visit to the country called for Sri Lanka to end all military efforts and to resume talks with the Liberation Tigers of Tamil Eelam (LTTE), reported the Island newspaper.
     
    He said the ongoing military efforts will not bring peace to the country and the government had “no option but to negotiate with the LTTE”, said the paper.
     
    Further, he argued that “war has only moved the front lines North and South along A9 and has but neither side has been able to win a decisive victory”.
     
    He went on to state that “even if the security forces were able to win - what then? There would still need to be a political deal, otherwise resentment will build up and there will be more violence, in twenty-five or fifty years", the Island quoted him as saying.
     
    In the recent months, Sri Lankan government has been actively involved in strengthening their military capabilities, especially its airpower with purchases of highly sophisticated fighter planes.
     
    Howells also expressed deep concern for the human rights abuses, and said “they damage Sri Lanka’s image overseas and make it more difficult for the international community to give the Sri Lankan government the political support it wants”, the paper said.
     
    As a way of justifying the interest and attention given to Sri Lanka’s rights abuses by the international community, he said “some claim that comments about human rights are interference in Sri Lanka’s internal affairs. But Human Rights are not a purely domestic matter. Both Sri Lanka and the UK are signatories to the United Nations human rights conventions, which means we both have an obligation to uphold the highest standard of human rights”.
     
    Last week, the international panel International Independent Group of Eminent Persons (IIGEP), appointed by the international community to monitor Sri Lanka’s handling of the rights abuses, condemned the country for its inability to address the rights issues.
     
    Despite all the violence and the human rights abuses, he said the British and Norwegian governments and the wider international community want to see “Sri Lanka remain as a single country”.
     
    However, he acknowledged the discrimination of the government against the Tamils, and said “Sri Lanka needs a sustainable political solution, one that allows its Tamil population to feel they will be able to prosper within a Sri Lankan state that takes pride in the identity of all its people”.
     
    He urged the government to work with the “moderate Tamils” to find a solution to the conflict.
     
    Howells met President Mahinda Rajapaksa, Opposition leader Ranil Wickremesinghe, Norwegian Ambassador Hans Brattskar, Defence Secretary Gothabaya Rajapaksa, several other politicians and civil society leaders. However, he did not meet the LTTE or the Tamil parliamentarians.
  • British briefing notes MEP critical of Sri Lanka
    This week a circular issued by the British government to the British members of the European Parliament was made public. The circular which summarises the current situation in Sri Lanka is highly critical of the Sri Lanka’s human rights record.
    It also states that Prime Minister Tony Blair has written to President Mahinda Rajapakse a military solution is untenable and a credible political solution is vital for lasting peace.
    We reproduce below the briefing note to the British MEPs.
    1. The UK is a close friend of Sri Lanka, we value our wide-ranging ties, and we would like to see Sri Lankans themselves achieve a negotiated settlement that satisfies legitimate aspirations of all communities. We hope that the All-Party Conference will present a way forward. We stand ready to help.
    2. The UK's high level engagement on Sri Lanka continues. The Prime Minister has written to President Rajapakse with the key messages of
    o        The war is unwinnable;
    o        The need to win hearts and minds and ensure protection of human rights; and that it is
    o        Vital to have a credible constitutional framework.
    3. The Rt. Hon. Paul Murphy hopes to visit in July to share the UK's experience of the Northern Ireland peace process and devolution. The Rt. Hon. Kim Howells hopes to visit in June. We stress to partners that they are not peace envoys. We are in close contact with the Norwegian facilitators of the peace process, and they support our efforts. We remain, committed, and ready to talk to the LTTE.
    4. The UK continues to express deep concern to the government about their military action to defeat the LTTE, which brings an immense human cost, damages Sri Lanka's international standing; and ultimately will not work. The Defence Secretary (Rajapakse's brother) continues to talk publicly of needing two to three years to finish off the LTTE. Both sides need to do more to ensure that the civilian population is protected better, through the supply of essential supplies, access for humanitarian agencies and by avoiding causing civilian casualties. The forced return-of internally displaced persons, and extra judicial killings by security forces is not acceptable. Sri Lanka's standing in the international community is being seriously damaged.
    5. The UK has also expressed concern at reports that Government of Sri Lanka forces have been complicit in child recruitment by paramilitaries (operating in the east). This has been an issue where HMG and Government of Sri Lanka have for many years joined forces in publicly condemning the LTTE. It is imperative that the government takes immediate steps to stop child recruitment by paramilitaries in areas it controls access to.
    6. The capacity of Sri Lanka's domestic human rights mechanisms has to be strengthened. The Constitutional Council needs to be appointed legally so it can fulfill its role of ensuring independence in key institutions such as the police, judiciary and human rights.
    7. The UK supports the work of the All-Party Committee (APC) on a devolution offer. International partners, including India, are concerned that Sri Lanka Freedom Party's (SLFP) initial proposals fell short of expectations. The UK hopes the final devolution offer will be bold and credible, and provide a good basis for dialogue between all communities.
    8. Shortly after his election in late 2005, President Rajapakse tasked an All Party Committee (APC) with producing framework for an overall political settlement, effectively an offer on devolution of the southern polity that the government could endorse and put to the LTTE.
    9. On 1 May 2007, the President's SLFP party offered proposals to the APC that were seen across the political ethnic spectrum as inadequate, and in no way a basis for a credible offer to the Tamils. The Indians have made clear their displeasure. The government has stressed however that the SLFP proposal is not final and that proposals from all the parties would be open for discussion at the All Party Representative Committee (APRC). We expect the APC to take another couple of months at least to- arrive at its consensus offer.
    10. In September 2006, following international alarm over the deaths of 17 local employees of the French NGO Action Contre la Faim in Muttur, the government announced it would hold a Presidential Commission to investigate the 12 most high profile human rights cases. An International Independent Group of Eminent Persons (IIGEP) was established to oversee the process. In December 2006, the UK nominated Sir Nigel Rodley to the IIGEP.
    11. The UK is concerned about growing impunity, despite the establishment of the President's Commission of Inquiry. We believe IIGEP can play a useful role, but it has a narrow remit to tackle only past human rights violations. The IIGEP is not a human rights panacea. Early signs from the Commission of Inquiry and IIGEP are not encouraging, the process is too slow, the Attorney General's Department role undermines the commission's independence and there is inadequate witness protection. The Commission of Inquiry cannot be used as a reason to avoid addressing current human rights abuses. With on-going human rights violations, and an ineffectual Commission of Inquiry and Sri Lankan Monitoring Mission, there is a growing case for introducing international human rights monitors to Sri Lanka.
    12. An EU text for a UN Human Rights Council resolution on Sri Lanka has been on the table at HRC since the third session last autumn. As Sri Lanka currently has the Chair of the Asia Group, influencing voting in that group, they have so far managed to prevent the resolution from being tabled. The fifth session of the HRC in June will have little time for country specific issues. In the likely event that the situation in Sri Lanka continues to deteriorate, support for the resolution may increase. Various NGO groups are lobbying for an EU-US, and possibly India co-sponsored resolution.
    13. Despite NGO pressure, the Government of Sri Lanka strongly contests any notion of an international human rights monitoring mission. There appears little prospect of a change of position. An international attempt to push for a UN-led mission seems likely. It would probably see Sri Lanka retreat to the hard line group of the like-minded. It is not clear who might lead such an effort.
    14. The UK's payment of the œ41m post tsunami assistance to Sri Lanka is subject to condition that government would not:
    o        Instigate hostilities;
    o        Have an unjustifiable increase its military spending;
    o        Be in significant violation of international obligations; and
    o        Have a breakdown in the GoSL's accountability systems.
    15. Earlier this year the Rt. Hon. Hilary wrote to GoSL asking what measures were to be taken to ensure that these conditions would be met, but did not receive a satisfactory response. Following discussions between officials and ministers in DFID and FCO as well as No 10, we have decided to release half of the funds. A decision on payment of the rest is subject to consultation with GoSL over our concerns about continuing hostilities, rise in military expenditure, and the human rights situation.
    16. At the Sri Lanka May 2, Adjournment debate, Mr. Keith Vaz, MP, announced an initiative to establish an all-party parliamentary group for Tamils. He also announced that he would hold a peace conference in London with the President, the LTTE and the Norwegians. Subsequently, all three parties expressed surprise at -this announcement. We have been responding to -enquiries on this by referring to the Ministers' speeches and pointing out that this is a personal initiative of Mr. Vaz, and that his comments do not represent UK policy.
    NGO concerns and statistics
    There are 100,000+ displaced persons in Batticaloa in the east. They face threats of violence and abductions by the LTTE and pro-government armed groups. Some displaced persons have been returned to Vaharai against their will.
    The Karuna Group abducts and uses children as soldiers, with complicity of the Sri Lankan forces. Armed Karuna cadres roam the streets in Batticaloa District in sight of/alongside security forces.
    There are 700+ recorded cases of missing persons in the Jaffna peninsular since December 2005. There have been 50+ abductions in and around Colombo over the previous year.
    Emergency regulations give security forces wide powers of search, seizure of property, arrests without warrants and unacknowledged detention of individuals for up to 12 months.
    There has been an increase in anonymous death threats against NGO workers (in 2006 according to OCHA).
    Recently nine NGO workers died, and no one was charged. There has been Karuna Group death threats to some distributors of Tamil-language newspapers.
    There are over 600,000 internally displaced people (IDPs) in Sri Lanka created by the current fighting, the tsunami and legacy IDPs from the 1980s and 1990s. Over 300,000 have been created in the last year, causing pressure on delivery systems. Numbers spike and decline as fighting moves. Threats to people's safety, human rights violations, widespread displacement and the destruction of livelihoods contribute to the humanitarian situation. A major concern is the diminishing humanitarian space as fighting intensifies and attitudes harden towards humanitarian agencies. There are frequent reports of forced displacement, abductions and targeted killings. The humanitarian co-ordination system, led by the UN, is characterised by systems and forums developed during the co-operative period of immediate response to the Asian tsunami.
  • Sri Lanka abuses slammed at EU hearing
    The Sri Lankan government came under severe criticism for human rights and humanitarian abuses at a public hearing in Brussels of the European Parliamentary Development Committee Wednesday. The Tamil Tigers were also criticized. Whilst representatives of the European Commission and Council of External Affairs slammed the lack of respect for international humanitarian laws in Sri Lanka, NGOs, including Human Rights Watch (HRW) and aid agency Action Contre la Faim (ACF) decried the continuing abuses of human rights.
     
    The Development Committee’s two-part hearing looked at the impact of the post tsunami reconstruction in Sri Lanka and Indonesia and the human rights and humanitarian situation in Sri Lanka.
     
    External speakers to the hearing on the rights situation in Sri Lanka included representatives of Human Rights Watch (HRW) and Action Contre la Faim (ACF). They issued highly charged accusations against the Sri Lanka state.
     
     issued highly charged accusations on Sri Lanka. The HRW researcher Ms.Charu Lata HOGG particularly express concern that
     
    "As the conflict intensifies and government forces are implicated in a longer list of abuses, from arbitrary arrests and enforced disappearances to the war crimes, the government has displayed a clear unwillingness to hold accountable those responsible for serious crimes under sri Lankan and international law,” said Ms. Charu Hogg, the HRW representative.
     
    “Government institutions have proven inadequate to deal with the scale and intensity of abuse.”
     
    Outlining the human rights, media freedom and humanitarian situation in Sri Lanka, Ms. Hogg said: “the Sri Lankan government's human rights track record over the past year … has taken a decisive turn for the worse.”
     
    The state was accused of participation or complicity in large numbers of ‘ disappearances.’
     
    HRW warned that new anti-terrorism laws issued in December 2006 was framed too broadly and had led to the criminalization of a range of peaceful activities.
     
    "The government's respect for Sri Lankan and international law has sharply declined," she further said.
     
    HRW said the international community should work with the government and the LTTE to establish a United Nations human rights monitoring mission.
     
    The director of the ACF, Mr. Francois Danel, made an emotionally charged presentation which was acknowledge by the chair of the meeting, Mr. Josep Borrell Fontelles, former head of the committee.
     
    Last August seventeen ACF aid workers were massacred in the eastern town of Muttur. International ceasefire monitors blamed Sri Lankan government forces for the execution style killings. One victim was Muslim, the others were all Tamils.
     
    Mr. Danel accused the Sri Lankan state of restricting humanitarian access to the island’s northeast of the island and of serious breaches of international humanitarian laws.
     
    He pointed out that three different investigations had been launched into the Muttur massacre of ACF workers but none had made any progress. He urged the EU to take note of the Sri Lankan authorities’ refusal to allow the Australian ballistics experts report.
     
    He was deeply pessimistic about Sri Lanka’s investigations and urged the EU to take up the issue and ensure the perpetrators of the crime were punished.
     
    However the Sri Lankan representative to the session, Ambassador Aruni Wijewardane, refused to acknowledge the hearing on human rights and human rights issues by the Development Committee.
     
    She also blamed LTTE for all happenings in Sri Lanka and asked EU member states to implement the ban on the group by closing down all propaganda and branch offices of the LTTE.
     
    British MEP Nirj Deva, a long-standing and vocal supporter of successive Sri Lankan governments supported Ambassador Wijewardane. Mr. Deva was supported by his Conservative Party colleague, Mr. Geoffrey Van Orden.
     
    They blamed terrorism for Sri Lanka’s problems and argued there ‘are no human rights in Vanni’ – the LTTE’s northern stronghold.
     
    Their interventions were challenged by another British MEP, Robert Evans who pointed out that he had been to the Vanni and had observed the administration there.
     
    He also reminded participants of the long list of assassinations of prominent critics of the Sri Lanka state, including the All Ceylon Tamil Congress (ACTC) party leader Kumar Ponnambalam, senior Tamil parliamentarian Joseph Pararajasingham and others.
     
    He slammed Sri Lankan propaganda institutions for attacking him whenever he raised issues of concern to the Tamil people.
     
    Mr. Evans called participants attention to the Montenegro type of solution and suggested Sri Lanka also needed a political solution.
     
    Meanwhile European Commission and External Affairs Council officials expressed concerns about the worsening human rights and humanitarian law situation in the island and urged both the Sri Lanka government and the LTTE to respect the international humanitarian laws.
     
    The officials also express their reservation on the progress of the Commission of Inquiries (CoI) appointed by President Rajapakse and the work of the Eminent Persons’ Group (IIGEP).
     
    Contrary to reports that Sri Lankan ministers would be stating their case at the Brussels forum, Colombo’s delegation was led by Ambassador Aruni Wijewardane, Sri Lanka’s Ambassador to Austria. Mr. Shavindra Fernando, Deputy Solicitor General, Dr. Jayantha Samarasinghe of Reconstruction and Development Agency (RADA) and Mr. Gamini Hettiarachchi were amongst others in the delegation.
     
    In Sri Lanka, the government suppressed reports of criticism in its media outlets and claimed a thumping endorsement from the EU.
     
    “The meeting brought a great victory to the country despite all the allegations made by some political parties and organisations that tsunami funds should be stopped and that the Government is misusing the tsunami funds and human rights violations have increased,” Defence Spokesman Minister Keheliya Rambukwella told reporters.
     
    However, he protested, “no one spoke a word about the LTTE and their terrorist activities. Instead they sanitised the LTTE and suppressed talk about terrorism. But their attempt failed and the Government achieved a huge victory.”
     
    Given the interventions of Mr. Deva and Mr. Van Orden, Mr. Rambukwella told reporters: “Several members of the European Parliament condemned terrorism by the LTTE treating it as a cause of concern.”
  • International experts slam Sri Lanka human rights probes
    A panel of international experts tasked with overseeing a Presidential commission looking into a set of human rights violations criticized the inquiry’s progress and performance Monday.
     
    The experts also said the mandates and powers of the Commission and IIGEP were being misleadingly overplayed by Sri Lankan officials and said it was not an alternative to international human rights monitoring.
     
    “We remain concerned that current measures taken by the Government of Sri Lanka and the Commission to address issues such as the independence of the Commission, timeliness and witness protection are not adequate and do not satisfy international norms and standards,” Independent Group of Eminent Persons (IIGEP), said.
     
    “We regret that public statements from State officials are creating the misleading impression that the Commission and IIGEP have wide mandates and powers and the resources to address ongoing alleged human rights violations in Sri Lanka. This is not the case,” the IIGEP.
     
    “It is critical that the Commission and IIGEP not be portrayed as a substitute for robust, effective measures including national and international human rights monitoring.”
     
    Criticising the close role of the Attorney General’s Department in the Commission, the IIGEP said: “we consider these to be serious conflicts of interest, which lack transparency and compromise national and international standards of independence and impartiality that are central to the credibility and public confidence of the Commission.”
     
    “We are concerned that the Commission’s finances are managed by the Presidential Secretariat,” the IIGEP said, saying the needed to
     
    “We are concerned that the Commission did not commence even preliminary investigations and inquiries until May 2007, despite being constituted six months earlier,”
     
    “Internal processes have not been transparent; no detailed work plan has been announced; essential staff have not yet been fully recruited; investigative and witness protection units are not functioning,” the IIGEP said.
     
    “Significantly, evidence already known to be in the possession of Governmental bodies relating to the cases has not been gathered and transmitted to us,” the experts said.
     
    “Such unnecessary delays undermine public confidence in the ability of the Commission to carry out its mandate in a timely manner.”
     
    Criticising the absence of witness protection under Sri Lankan law, the IIGEP said: “appropriate legislation that accords with international norms and standards should be enacted and implemented as soon as possible.”
     
    “Witness protection is absolutely essential in order to investigate serious violations of human rights that are within the Commission’s mandate,” the experts pointed out.
     
    The full text of the IIGEP’s statement, signed by the Chairman of the IIGEP, P N Bhagwati, follows:
     
    On 1 June 2007, we, the International Independent Group of Eminent Persons (IIGEP), submitted our first Interim Report to the President of Sri Lanka. The report contains our observations and concerns about the President’s Commission of Inquiry to Investigate and Inquire into Alleged Serious Violations of Human Rights (the Commission).
     
    We reported to the President that the Commission has so far made hardly any noticeable progress in investigations and inquiries since its inception in November 2006. Moreover, since our formation in February 2007, we have identified and raised a number of concerns with the Commission and the Government of Sri Lanka.
     
    We remain concerned that current measures taken by the Government of Sri Lanka and the Commission to address issues such as the independence of the Commission, timeliness and witness protection are not adequate and do not satisfy international norms and standards.
     
    Independence
     
    We are concerned about the role of the Attorney General’s Department as legal counsel to the Commission. The Attorney General’s Department is the Chief Legal Adviser to the Government of Sri Lanka. Members of the Attorney General’s Department have been involved in the original investigations into thosecases subject to further investigationby the Commission itself.
     
    As such, members of the Attorney General’s Department may find that they are investigating themselves. Furthermore, it is possible that they be called as material witnesses before the Commission.
     
    We consider these to be serious conflicts of interest, which lack transparency and compromise national and international standards of independence and impartiality that are central to the credibility and public confidence of the Commission.
     
    We are concerned that the Commission’s finances are managed by the Presidential Secretariat. The Commission does not have financial independence enabling it to exercise control of its human resources and operations.
     
    In particular, the Commission should be allocated sufficient funds to secure the permanent confidentiality, safety and integrity of its victim and witness protection scheme.
     
    Timeliness
     
    We are concerned that the Commission did not commence even preliminary investigations and inquiries until May 2007, despite being constituted six months earlier in November 2006.
     
    To date, internal processes have not been transparent; no detailed work plan has been announced; essential staff have not yet been fully recruited; investigative and witness protection units are not functioning; and significantly, evidence already known to be in the possession of Governmental bodies relating to the cases has not been gathered and transmitted to us.
     
    Such unnecessary delays undermine public confidence in the ability of the Commission to carry out its mandate in a timely manner.
     
    Witness protection
     
    We are concerned that there are no adequate victim and witness protection provisions under Sri Lankan law. We are of the view that witness protection is absolutely essential in order to investigate serious violations of human rights that are within the Commission’s mandate. Appropriate legislation that accords with international norms and standards should be enacted and implemented as soon as possible to protect victims and witnesses.
     
    We regret that the Commission still has no functioning victim and witness protection mechanism. In the absence of appropriate legislation, an effective scheme or functioning protection unit, we fail to understand how the Commission could have invited the public, as it did as recently as 14 May 2007, to come forward and give evidence.
     
    As the Commission is operating without witness protection legislation, it is unable to guarantee the safety and security of witnesses. Summoning and examining potential victims and witnesses may create fear in their minds about safety and security, deterring them from coming forward to give evidence.
     
    Mandates
     
    The Presidential Warrant limits the scope of the Commission to a retrospective and fact finding role. The core work of the Commission is to obtain information, investigate and inquire into alleged serious violations of human rights arising since 1 August 2005, including 16 specific cases; and to examine prior investigations into these cases.
     
    The Commission is required to make findings and report to the President on the facts and circumstances pertaining to each case; the descriptions, nature and backgrounds of the victims; the circumstances that may have led to, or resulted in, those persons suffering such deaths, injury or physical harm; the identities, descriptions and backgrounds of the persons and groups responsible for the commission of deaths and other acts; measures of reparation to be provided to the victims; and recommendations in order to prevent the occurrence of incidents in the nature of those investigated and any other recommendations considered as relevant.
     
    The IIGEP, comprising of 11 Members, has been invited by the President to observe the investigations and inquiries of the Commission, in order to ensure transparency and observance of international norms and standards.
     
    The IIGEP does not have a mandate to conduct independent investigations and inquiries; nevertheless, we are open to all persons who wish to provide information and evidence on the cases under review by the Commission.
     
    Although we are obliged by the Presidential Invitation to transmit third party information to the Commission, it would not be right for us to disclose any information without the consent of the third party, or which may impair the safety or security of such third parties until we are satisfied that effective, functioning and credible witness protection measures are in place.
     
    We regret that public statements from State officials are creating the misleading impression that the Commission and IIGEP have wide mandates and powers and the resources to address ongoing alleged human rights violations in Sri Lanka. This is not the case.
     
    In the current context, in particular, the apparent renewed systematic practice of enforced disappearance and the killings of Red Cross workers, it is critical that the Commission and IIGEP not be portrayed as a substitute for robust, effective measures including national and international human rights monitoring.
  • ‘Anything is fair’ when fighting LTTE
    Sri Lanka’s hard-line Defence Secretary launched a bitter attack on the international community Tuesday, saying Sri Lanka was being bullied by Western states over human rights. “We have to defend ourselves. I'm talking about terrorists. Anything is fair,” Gothabaya Rajapaksa told Reuters and the BBC. He said the United Nations agencies had been infiltrated and misled by the Liberation Tigers over 30 years.
     
    However the United Nations on Wednesday strongly reacted to Rajapakse’s accusations. Frederick Lyons, the resident and humanitarian coordinator in Sri Lanka, said he had "absolutely no grounds" to question the integrity of the UN staff in Sri Lanka.
     
    Gothabaya, who is also President Mahinda Rajapaksa's brother, accused foreign powers of applying double standards when it comes to human rights violations, saying all measures were fair to defeat “terrorists”.
     
    Last week the Sri Lankan government evicted hundreds of Tamils from Colombo triggering a chorus of condemnation from Western states.
     
    “This is discrimination and bullying by the international community,” Rajapaksa told Reuters and the BBC in an interview Tuesday.
     
    “Without understanding the problem, they are trying to bully us, and we won't be isolated. We have all the SAARC countries, the Asian countries,” he added. “Britain or Western countries, EU countries, they can do whatever. We don't depend on them.”
     
    “They think that they we get aid. No, they are not giving anything.”
     
    Both Britain and the United States have suspended small amounts aid to Sri Lanka this year citing rights abuse concerns – though both countries have sharply raised their arms sales to the Sri Lankan military this year.
     
    President Rajapakse last month shrugged off Britain's move to cut aid and vowing that his government would not be held hostage over aid.
     
    And Japan, Sri Lanka’s biggest donor by far, has refused to cut aid. Last week Japan’s peace envoy, Yasushi Akashi, visiting Sri Lanka said human rights may sometimes have to suffer in the war against terror.
     
    Although Prime Minister Ratnisri Wickremenayake apologised for last Wednesday’s expulsions in which hundreds of Tamils were put on busses at gunpoint and sent to the North and East, Mr. Gotabaya defended the government’s actions.
     
    “It is a good example where the whole world was misled,” he said. “Everyone knows the LTTE is infiltrating [the south] ... We can't arrest 300 people and detain them. What is the best option?”
     
    “So you can tell them, if you don't have any legal business in Colombo ... we don't want to detain you, you go back to your homes. In fact this operation was much better. We could have put all of them in detention.”
     
    He dismissed criticism by international human rights groups and international ceasefire monitors of the SLMM that Sri Lankan security forces are engaged in human rights abuses, including killings and abductions of civilians.
     
    “We have to defend ourselves. You can't risk the country ...,” Rajapaksa said.
     
    "What I am saying is, if there is a terrorist group, why can't you do anything? It's not against a community... I'm talking about terrorists. Anything is fair."
     
    “When the U.S. does operations, they say covert operations. When something is (done) in Sri Lanka, they call it abductions,” he added. “This is playing with the words.”
     
    Rajapaksa said British Foreign Office Minister Kim Howells, who visited the island on Monday, had been “completely misinformed”.
     
    “Howells didn't talk a single word against the LTTE, a single word against terrorism,” Rajapaksa said. “They are threatening isolation, they are stopping aid.
     
    “They want us to suffer,” he added. “When America is attacked ... every country (calls it) war against terrorism, but why are the terrorists being treated in a different way in Sri Lanka? Is Britain talking about isolating America?”
     
    Rajapaksa also said U.N. agencies in Sri Lanka, which have also urged the government to halt rights abuses, had been misled by local staff sympathetic to the LTTE.
     
    “For 30 years or so, this LTTE planned this, they infiltrated the U.N.,” Rajapaksa said. “The problem is the U.N. organisations, they took a lot of locals (on).”
     
    "There are a lot of things happening in the UN," he said.
     
    The United Nations told Reuters the claim was groundless, and voiced concern such comments might expose humanitarian workers to increased risk given the number of aid workers killed in recent years.
     
    Frederick Lyons, of the UN said “Such groundless accusations could seriously endanger the safety and security of UN staff in an environment in which a number of humanitarian workers have lost their lives over the past year, he said expressing deep concern regarding the accusations by Mr. Gotabhaya.”
    A statement released by the UN on Wednesday June 13 stated “All UN staff are recruited under terms of employment in which they are responsible to the UN Secretary-General and to the principles of the United Nations. They are also honour-bound to work with complete neutrality and to receive no instruction from any third party.”
    Meanwhile, Britain’s Howells said Monday during a visit to Sri Lanka he was worried about growing rights abuses and an escalation in the conflict.
     
    The British minister called for talks with the LTTE.
     
    "I told President Rajapakse that Britain stands ready to offer its skills in peace building.... I told him I know of no conflict that was resolved through military means," Howells was quoted by AFP as saying.
     
    "At the end of the day, you need a political solution to meet the aspirations of the Tamil people," he said.
     
    "Sri Lanka runs the risk of isolation," Howells said, referring to growing international concerns over rights abuses in the island.
     
    "It is very important Sri Lanka is seen to have a human rights record that is clean," he said.
     
    "Human rights is the prime test of whether or not a state conducts itself with modern values."
  • Sri Lanka blocks access to TamilNet
    THE Sri Lanka government came under criticism from local and international media watchdog after it ordered local internet service providers to block access to TamilNet, the web-based news agency covering events in the island's northeast.
     
    "Tamilnet is a source of news and information that is known throughout the world and for the past 10 years its coverage of Sri Lanka's civil war has proved essential," Reporters Without Borders said in an appeal.
    "The government must put a stop to this censorship and restore access to the site at once."
     
    The Sri Lankan government has denied blocking the site, but the national security spokesman and minister Keheliya Rambuwella said he would love to hire hackers to disable Tamilnet Service providers rejected the
    Government claim.
     
    “We have blocked it as per a government directive," a Dialog Telecom spokesman said.
     
    Reporters have been stopped from visiting Tiger-held areas since August 2006 for what the government says are security reasons.
  • Rajapakse regime under pressure
    PRESIDENT Mahinda Rajapakse's government is coming under increasing international pressure over its continuing human rights abuses and hardline approach to the island's ethnic question.
     
    A chorus of international condemnations following the government's deportation of hundreds of Tamils back to their 'places of origin' in the Northeast has been following by a fresh burst of criticism from human rights and media watchdogs and a slew of negative articles in the international
    press.
     
    A visit to the United Nations in Geneva by President Rajapakse was a public relations setback with the government coming under fire just before from an
    international panel of experts tasked with overseeing his government's probes into a select group of killings and abuses.
     
    The pressure comes as Tamils are deported, abductions and killings are blamed on state security forces, and aid groups and truce monitors say they are obstructed from doing their jobs.
     
    Earlier this week Sri Lankan governmebnt told the Sri Lanka Monitoring Mission not to issue any statements on violation of the 2002 Ceasefire Agreement that are reported to them.
     
    "They have been told to entertain complaints but no statements will be issued on their rulings," government spokesman Minister Keheliya Rambukwella said.
     
    Press reports said the SLMM chief, Lars Solvberg, was told of government unhappiness over a recent report in which the SLMM said government troops had been involved in abductions. Both Britain and the United
    States have suspended some aid to Sri Lanka this year citing rights abuse concerns - though both are selling large quantities of arms this year.
     
    "The abductions have got to cease, the human rights abuses have got to cease... The kind of tactics that were used to clear Tamil people out of Colombo suburbs must never happen again." British Foreign Office Minister Kim Howells said earlier this month.
     
    But President Rajapaksa says many of the reports of abductions and abuses are fake and designed to discredit his government, and denies the security forces are involved.
     
    Gotabaya Rajapaksa, the president's brother, says Western powers apply double standards when it comes to rights violations.
     
    The UN food agency, the World Food Programme, has slapped conditions on food aid to avoid war refugees being resettled against their will.
     
    Diplomats say Sri Lanka is also hurt by often contradictory statements ministers and senior officials make to local and international audiences, in a complex political arena that includes hardline Marxists and activist
    Buddhist monks.
     
    "At a certain point in time, you give up on Sri Lanka," one foreign ambassador based in Colombo, declining to be named, told Reuters.
     
    "There are so many mixed messages that you get a totally blurred vision of their foreign policy."
    "Officials constantly contradict one another to score domestic points. This is  the danger of having one message for your domestic audience and one for the international community. That's exactly what isolates them."
     
    Meanwhile the fighting between the Sri Lankan armed forces and the Tamil  Tigers is continuing.
     
    Recent clashes have raised the prospect of widening conflict in the island  nation of 19.5 million that could severely damage the economy and isolate the government, former Sri Lankan diplomat Nanda Godage said.
     
    "We could be heading in the direction of sanctions," he said.
     
    Top Sri Lankan defence officials have said in the past they will need about two to three years to subdue the LTTE and force them to talks, an outcome the Tigers say is impossible.
     
    "The LTTE and the Tamil people under no circumstances will come to the table in a position of political and military weakness," LTTE Political Wing leader S.P. Thamilselvan said recently.
    Last week a resolution was tabled before the US Congress calling on all parties to the Sri Lankan conflict to negotiate a political solution that will be  fair to all ethnic communities whilst ruling out a military solution to the conflict.
     
    The sponsoring Congressmen said the US has a strategic interest in promoting peace in Sri Lanka and throughout South-East Asia. Also this week, India's Foreign Minister Pranab Mukherjee urged Sri Lanka to negotiate a solution to the conflict.
     
    "The recent developments in Sri Lanka, the violence, have been a cause of concern to all," he said.
     
    Tigers say is impossible. "The LTTE and the Tamil people under no circumstances will come to the table in a position of political and military weakness," LTTE Political Wing leader S.P. Thamilselvan said recently.
     
    Last week a resolution was tabled before the US Congress calling on all parties to the Sri Lankan conflict to negotiate a political solution that will be fair to all ethnic communities whilst ruling out a military solution to the conflict.
  • Stepping Up
    Sri Lanka's President Mahinda Rajapakse is now under greater international pressure than ever before. The two issues are his refusal to halt the blatant human rights abuses by the Sri Lankan armed forces and also to put forward a proposal for a solution to the protracted ethnic conflict. With their friendly advice falling on deaf ears, the Western states have ratcheted up their pressure on the Rajapakse regime with public criticism and threats of action
    It is on the human rights front, quite rightly, that the government is under the
    greatest pressure.
     
    While international human rights groups have been making vocal protests for some time, international media has now ramped up coverage of the deteriorating conditions in Sri Lanka. And, as if on cue, the international panel of experts overseeing President Rajapakse's much-heralded probe into a handful of incidents of past abuses has also come out with strong criticism about conduct of the probes. There are reports and claims of visas being denied to security forces' personnel involved in rights abuses and rumblings of sanctions being prepared.
     
    There is almost unanimous agreement amongst the international critics that
    international human rights monitoring must be introduced to the island.
    So far the regime is unrepentant. The President himself simply denies that abuses are taking place. Those said abducted have either gone abroad or joined the Tigers he says. He blames the LTTE entirely for the ongoing killings - a daily occurrence across the Northeast and even Colombo, marked by the dumping of mutilated corpses.
     
    Meanwhile, his brother, Gotabhaya Rajapakse, the Defence Secretary, is openly contemptuous of the international hand wringing over rights abuses. He compares Sri Lanka's brutal counter-insurgency to US actions elsewhere and charges hypocrisy.
     
    The international pressure on the Sri Lanka state to halt its abuses is, of course, welcome. However, the inherent character of the atrocities is studiously not being acknowledged: that the state is using a systematic campaign of terror to subdue the Tamil demand for self-determination. A cursory survey reveals the pattern: the victims are activists or relatives of those involved even peripherally in the Tamil political struggle.
     
    In this context, the international pressure has been a long time coming.
     
    The abuses came out of the escalating shadow war between Sri Lankan military intelligence (and its allied paramilitaries) and the LTTE which began in late 2003. But beyond these atrocities, for the past year the Sri Lankan military has waged a war that has targeted the Tamil population: indiscriminate and deliberate bombing and shelling has systematically cleared the Tamils from larges swathes of the Northeast: The government has ruthlessly used starvation and denial of medicine as a tactic to compel populations to move out of LTTE-controlled areas.
     
    Yet throughout all that, the international community has supported President
    Rajapakse. Even at the peaks of human suffering in the Northeast countries like the United States have come out stridently in support of Sri Lanka. The self-styled 'war on terror' has by far taken priority over international human rights and humanitarian norms.
     
    Even the international pressure on President Rajapakse to forge a southern
    consensus and put forward a solution to the ethnic question is driven by the logic of counter-insurgency, rather than justice. A solution must be offered, some suggest, to encourage the Tamils - who are said to be 'moderates' - to distance themselves from the Tigers - the 'extremists'. What is important then is not whether President Rajapakse can actually deliver a solution
    (in fact he can't: it is well known that the shaky ruling coalition built on handouts, blackmail and coercion is moribund and the state is being managed by a Rajapakse family-led coterie).
     
    It is for these reasons that the international community continues to laud the
    now discredited All Party Representative Committee (APRC). This body can never deliver a proposal that all major Sinhala parties can accept and yet offer credible power-sharing to the Tamils. Sri Lanka's post-independence history demonstrates that the southern polity, which operates in the logic of majoritarian anti-minority outbidding, will never agree on a reasonable solution for the Tamils. Some voices suggest over a year of brutalizing has softened up the Tamils and produced a desperate yearning for an end to the violence.
     
    In this climate all that is required is a credible solution from the government for the LTTE to have to negotiate or see its support amongst the Tamils ebb away. But this is a plan that is as old as the conflict itself.
  • Bussed out at gunpoint
    Hundreds of Tamils staying in lodges across the capital Colombo were evicted at gun point and forcibly returned to the Northeast by the Sri Lankan security forces on Thursday, June 7.
     
    In overnight operations, described by human rights organisations as tantamount to ‘ethnic cleansing’, Sri Lankan police raided number of lodges from Kochichkade down to Wellawatte across the city and forced the Tamils dwelling their onto waiting buses to be transported to Vavuniya in the north and Trincomalee and Batticaloa in the east.
    The forcible eviction of innocent Tamils drew widespread condemnation from human rights organisations and foreign governments.
    Initially the Sri Lankan state attempted to justify its actions citing national security.
    “We are doing this to protect the people and because of a threat to national security” Inspector General of Police Victor Perera told reporters prior to the eviction.
    However the human right organisations, opposition politicians and international community branded the exercise as ethnic cleansing and gross human right violation.
    “This is like ethnic cleansing and we strongly condemn it.” said Sirithunga Jayasuriya, chairman of the Civil Monitoring Committee.
    Nothing could be more inflammatory in Sri Lanka's polarized climate than identifying people by ethnicity and kicking them out of the capital," said Brad Adams, Asia director at Human Rights Watch.
     
    Following outcry from local and international bodies, the Government defence spokesman Keheliya Rambukwelle tried to portray the operation as ‘voluntary’ rather than ‘forced’. He said the Tamils had “voluntarily come forward to be sent out of Colombo," and that the GoSL was transporting them "free of charge."
     
    Then the government attempted distance itself from the operation and promised a thorough investigation.
    "Allegations that officials exceeded their authority in implementing this initiative will be thoroughly investigated and appropriate remedial action taken, including disciplinary action against any wrong doing on the part of any government official,"  president Mahinda Rajapakse said in a statement.
    However as criticism mounted the government caved in and apologised.
    "The government regrets this and it should never have been done," Prime Minister Ratnasiri Wickramanayake said at a press conference in Colombo.

    "We accept responsibility," he said, and added it would not happen again.
    On May 31 the authorities ordered the owners of 68 lodges in Pettah (Peaddai) Police Division in Colombo to immediately expel around 5000 Tamil tenants from Northeast and Upcountry to their “native places” within 24 hours.
     
    And on June 7 armed security personnel raided lodgers occupied by Tamils and woke up old and young and ordered them to board buses without carrying any food, clothes or money.
     
    According to press reports 291 men and 85 women were sent off in seven buses to front line districts that are volatile and have seen heavy fighting in recent weeks.
     
    Yathavan, a hotel owner's son said the police often come to the hotel in the early morning to check the registry, particularly on days when soldiers were killed in the country, but this time was different.

    ”They said, Pack your bags, we have to send you back to your own place,”
     
    Many people were given less than half an hour to pack all their belongings and board waiting buses.
     
    "Many lodge managers and the remaining tenants complained to us that people were given less than half an hour to pack all their belongings and board the CTB [Ceylon Transport Board] buses that were parked outside these lodges.” said the Free Media Movement in a letter to the Sri Lankan President.”
     
    “They were also not told their exact destination - only that the return to their homes was being 'arranged'," it added.
     
    A kidney transplant patient was forced out of bed and bundled into a bus despite pleas by his wife that the man needed regular medication in Colombo. Some were not even allowed to change out of their night clothes, use the toilets or take all their belongings.
     
    "We were not allowed to change our clothes or even use the toilet," one of the expelled Tamils told a television station.
     
    Another expelled Tamil, 65 years old Rasamma said she knelt before the four policemen standing at her bedroom door, and touched their feet to ask for mercy. They didn't listen, reported Associated Press.
     
    “We were not told where we were being taken, she said.

    The expelled lodgers were brought to frontline towns where they did not know anyone and in some cases didn’t have any money to buy food or pay for accommodation.
    The people brought to Vavuniya were taken a school yard and were given mats to sleep on.
    According to the Sunday Leader paper, although the police had pledged to make all arrangements to send the Tamils to their home towns, on arriving at the frontline towns, the evictees had to pay Rs.2500 to the army for their voyage to the war-torn Jaffna penisula.
    Lakshmi, one of evictees, said they had been issued orders by the security forces to keep the money ready the day they are taken away, to pay for their bus tickets to Trincomalee, and then for a boat ride to Jaffna, the paper added.
    "We can hardly afford to eat and we have to pay Rs.2500 per person. I thought all arrangements were made for us to return," Lakshmi said in despair.
    On Friday June 8, Centre for Policy Alternatives, a Colombo based think tank filed a fundamental rights (FR) application at the Supreme Court against the forced eviction.
    The Supreme Court, after preliminary inquiry into the FR application, issued an interim injunction on the law enforcement authority to stop expelling Tamil civilians until the inquiry is completed.
    Following the court ruling, in an attempt to defuse the international outrage, Sri Lankan state also agreed to return the evictees back to Colombo.
    According to Associated Press, human rights organisations visited the evicted the next day to take down names, and that evening they got back on buses again to return to Colombo - scared, tired, but safe.

    ”On Saturday, 186 of the expelled Tamils returned to Colombo on government buses from the northern city of Vavuniya,” said Rohan Abeywardana, a top police official.
    Fearing further harassment by the Sri Lankan security forces, not all evictees returned to Colombo but the ones returned are living in fear.
    “I'm scared, it could happen again,” said Rasamma.
    Rasamma’s feelings were reflected by another Tamil.
    “We were taken from the lodge so the manager and others knew what happened. But if you're caught alone, no one would know what was happening,” said the young man said.
    “I'll sleep afraid tonight. Every night, now I'm afraid”.
  • Life in Colombo is dangerous
    Abductions, killings and robbery have become regular incidents in Sri Lanka. The telltale symptoms of a broken down rule of law and a system that has failed to address it. The Asian Human Rights Commission (AHRC) has issued several statements in the past expressing its concern over the widening gap between the fact and fiction in Sri Lanka.

    Relatives of those missing after being abducted mourn at a recent protest in Colombo. Photo TamilNet
    The fact is that there is no semblance of rule of law in Sri Lanka whereas the fiction of governance is projected. Rule of law has broken down to such a state that people look at their law enforcement agencies with suspicion. The fear of suspicion has crept into every facets of human life. No body is certain of anything. This is reflective in the day-to-day human conduct. A capital city that gets deserted by early in the evening is nothing but a visible symptom of enormous fear that has engrossed the society.

    The recent abduction of the Sri Lankan Red Cross workers and the recovery of their bodies with gun shot wounds is the latest in the series of incidents that has fortified peoples’ fear. The very fact that often the law enforcement agencies itself are being blamed or suspected for such gruesome incidents shows the extent to which the system has broken down. As of today, even police officers are not immune from fear of abduction and insecurity.

    A policing system that is corrupt to the core and a judiciary which has made a mockery of justice alienated the people from their administrators. What Sri Lanka is witnessing today is the collapse of the centre, a wilt within the core. Justice institutions within the country have become non-functional as far as an ordinary person is concerned. Even professional communities like the lawyers have succumbed to this fall.

    A government that cannot address these problems do not have a right to claim that they are in power. What was reflected time and again from various sources within the government in the past few years is the utter unwillingness and helplessness of the government to deal with the breakdown of rule of law in the country. Every imaginable pivot of administration and governance was let to be manipulated for personal and short-term gains and the imbalance within the system has reached a level that it cannot be set straight anymore.

    In circumstances of complete chaos arising out of the absence of rule of law often the people look to the centre – government – to reinstate law and order. The life in the capital city is what the people in such circumstances look up to witness the presence of relative safety. However, in Sri Lanka life in the capital itself has become dangerous. Abductions in Colombo have become so regular that people have started referring to abductions in casual conversations as a hazard that they have to live with like their police.

    Abduction is a crime that requires meticulous planning and execution. It often requires the involvement of more than one person and plans to meet contingencies. This is because crimes of such nature are hard to be kept hidden and is difficult to avoid prosecution. The ease with which such crimes of serious nature is committed in Sri Lanka indicates the there is nothing much to be concerned about for the perpetrators and that crimes of such nature does not anymore require any planning.

    Indeed what is reflected in Sri Lanka today is the result of the absence of sensible planning and execution of ways and means to address the downfall of a justice system. What was done instead was trying to cover holes of imperfection and ineptitude with darkens of lies and deception of varying nature. Lies and deceptions practiced at the highest order to satisfy the greed of a few persons. This is not however what the people in Sri Lankan deserve. They deserve an honest administration that is willing to bring back sanity to the day-to-day affairs of life that is now challenging their existence as a civilised society.

    There is no place within the country that could provide these though, neither are there any capsule solutions. The possible recourse is through the intervention of the international community that has recently expressed its interest in addressing these issues in Sri Lanka. This could be possible by facilitating a process by which an interim administration could be put in place in Sri Lanka to address immediate concerns of the country, particularly concerning issues of law and order.

  • Violence round up – week ending 27 May

    Corpse of a Tamil youth with gun shot wounds

    27 May

    ● SLN soldiers confiscated all outboard engines belonging to Neduntheevu fishermen while allowing passenger transport by boat between Kurikaduvan in Punkudutheevu to Neduntheevu. Neduntheevu residents trapped in the Jaffna peninsula for three days were able to return to the islet. SLN commanders summoned fishermen for a meeting and accused residents of not providing vital information on impending attack by the Tigers and of failing to co-operate with the troops. The Commanders then ordered all fishermen to handover the outboard motors to the SLN camp.

    26 May

    ● Eighteen elite STF commandos were wounded when the STF launched an offensive into LTTE controlled Kudumpimalai (Thoppigala) jungles. 18 STF personnel were wounded in LTTE mortar and artillery attack.

    ● Unknown men in a white van, pretending to be CID officers, took away a trader, Nadarajah Swaranathan, 43, in Dehiwela, Colombo, according to complaints made by his wife to the Dehiwela police.

    ● The SLA and police arrested eleven Tamil civilians in a cordon and search operation in Poonagala estate, Bandarawela. The operation was conducted on a tip off that several LTTE cadres had infiltrated in the tea estate.

    ● Unidentified persons shot and killed a mother of six children, Mahendran Thankeswary, 45, of KaliKoyil Veethi in Kathtankudi, Batticaloa, when she went out on a personal errand.

    25 May

    ● Fourteen Tamil civilians aged between 18 and 26 were arrested in Wennapuwa, Puttalam, in a cordon and search operation by the SLA. All were employees at a local shoe factory and are natives of Hatton and Pussellawa. Among them four are women.

    ● The ICRC Batticaloa representative handed over the bodies of six LTTE combatants shot dead by the SLA on Wednesday in Eravur, Batticaloa. The SLA said it had shot and killed seven who launched a hand grenade attack on its troopers as they were engaged in a search. One body was handed to the dead man's mother from Thalavay, who identified her son's body. Two of the LTTE combatants killed were females.

    ● The SLA command at Palali extended the nightly curfew into the next morning in Thenmaradchi, Jaffna. The announcement did not say how long the extended curfew hours would continue.

    ● Unidentified armed men opened fire on the SLA sentry post in front of Chavakachcheri Divisional Secretariat, Jaffna, within the SLA HSZ, killing a trooper and seriously injuring another.

    ● Three Tamil traders arrested by Wellawatte Police in a lodge in Colombo on January 27 with a consignment of wristwatch batteries were released on a report from the Attorney General that they did not commit any offence, after four months in detention under the Emergency Regulations. Nithiyanandam Mayuran, 32, Gopalan Senthooran, 28, and Gopalan Gangatharan, 24, owners of business establishments in Thirunelveli, Jaffna, had gone to Colombo to buy goods in short supply in Jaffna.

    24 May

    ● The Sea Tigers attacked Delft islet off the Jaffna coast, inflicting heavy losses on the SLN (see separate story).

    ● Two SLA soldiers were reported killed in Mesalai, Thenmaradchi, Jaffna. The killings, not officially confirmed by the SLA, took place a day before an SLA trooper was killed and another injured in attacks by unidentified armed men in Thenmaradchi.

    ● A SLA soldier succumbed to his injuries and six people, including three soldiers, were injured after a bomb attack targeting a bus carrying SLA soldiers through the capital Colombo. The bomb, attached to a bicycle, was detonated near the main entrance to the Colombo port. The dead soldier was identified as Corporal Nanayakkara.

    ● A female IDP and her brother were killed on the spot when a SLA DPU triggered a claymore mine targeting their motorbike near Kunchukulam on the Vavuniya-Mannar border. The two siblings, Nathiya Selvarajah, 22, and her 24-year-old brother, Kobi Selvarajah, were on their way from Nadankandal to Kunchukulam to check their vacated house.

    ● Four people, including a child and two women, were shot dead by a home guard at Keppitgollawa in Anuradhapura. One of the women killed was the wife of the home guard, who fled after the shooting. Police began a search operation to apprehend the home guard.

    ● The courts released four Tamils who had been arrested and held under the Emergency Regulations on the basis that there was no evidence against them. Velupillai Rajkumar, 21, and Gnanaseelan Gajendran, 21, natives of Jaffna, had been arrested in Jaffna. Separately, Kanthasamy Ravichchandran, 36, of Kaarainagar in Jaffna and Tharmalingam Thirukumaran, 26, of Vavuniya had been detained since March 30.

    ● A young Tamil mother taken into custody in Colombo two weeks previously on suspicion of being a member of the LTTE was released when the prosecution told the court there was no evidence to implicate her in any offence. Fort Police took Alagarajah Koushalya, 27, of Vepankulam in Vavuniya into custody with her three-year-old child in a cordon and search operation as she was in possession of three SIM cards for a cell phone in her handbag.

    ● Kandy Police town took four Tamil youths, natives of Vavuniya, Walapane, Ginigathena in Kandy, and Mahiywa into custody. All except the youth from Vavuniya were not in possession of national identity cards at the time of arrest. The youth from Vavuniya was visiting his sister but was found in another town and was taken into custody to find out the reason for his visit to Kandy.

    23 May

    ● Ganeshan Ushananth, 30, a former employee of Jaffna Secretariat presently living in Colombo, was reported missing since Sunday, when he went to a shop near his residence. The father of one from Anaikoddai, Jaffna, who was working at a church in Colombo, had been receiving death threats on his mobile phone, his wife told the Colombo office of the SLHRC as she reported his disappearance.

    ● Sri Lanka security forces conducted a cordon and search operation in Anuradhapura town and arrested about 23 Tamil civilians, from lodges and rental houses. Most of them are said to be natives of Batticaloa and Vavuniya, while some are natives of Badulla.

    ● Twenty-five Tamil civilians were arrested in a cordon and search operation by Sri Lanka security forces at Uddapu, a traditional Tamil village in Chilaw. One is a Jaffna native and another is from Trincomalee. Six civilians were natives of Thampalakamam, a Tamil village in Trincomalee and eighteen are residents of Uddapu. All were taken into custody as they failed to prove their identity and provide satisfactory reason for their stay in location.

    ● The police claimed three LTTE cadres and a SLA trooper were killed and a STF trooper injured in Chavukkadi, Thalavai, Eravur, Batticaloa. The SLA and STF had been conducting a search operation in the Chavukkadi coastal area after receiving a tip-off of LTTE presence, and a clash erupted during the search, the police said. The police claimed that many LTTE combatants were injured in the fight and that 6 claymore devices, 4 T56 rifles, mortars, rounds, machine guns, pistols and many hundreds of thousand rupees were recovered.

    22 May

    ● The body of Thiruchelvam Thiruparan, 19, from Chunakam, was found dumped in shrub land near an Electricity Power Plant in the Jaffna suburb. He had gone missing in Chunakam while taking food to his father who works at the power plant. Thiruparan, who had been receiving continuous death threats, had obtained permission from the SLA to travel to Colombo with the view to escape death. He was killed two days after the travel permit was granted. He is the latest in a series of young men from the Inuvil and Chunakam areas who were killed within three days of obtaining permission to leave the peninsula.

    ● Six Tamil youths were taken into custody in Anuradhapura, on an anonymous tip that they were taking photographs of Anuradhapura police station with their mobile phone cameras while hiding in a bush. The arrested are said to be natives of Valaichchenai, Vaharai, and Batticaloa.

    21 May

    ● Kayts police recovered the body of a EPDP member hacked to death at the beach in Naranthanai north in Kayts, an islet of Jaffna. Chithiravel Shanthakumar alias Vastin, 30, who left the office of EPDP Kayts the previous morning had been missing since then.

    ● Relatives told the SLHRC that two men from Karaveddi, Jaffna, had been missing since April. Sithamparapillai Vimalaraj, 17, a student on his way to his relatives house on April 25 by bicycle had gone missing in Charachalai, Thenmaradchi. Finansco employee, Krishnapillai Vivekanandan, 31, went missing on April 30 while he was on his way by motorcycle from his home at Karanavay north, Karaveddi, to his workplace.

    ● Four fishermen from Mannar, arrested by the SLN in Neduntheevu seas, were released unconditionally after being produced in the courts. The SLN arrested the fishermen and confiscated their boat on the charge that they had entered Neduntheevu seas without permission. The fishermen explained that they lost control of their boat due to the rough seas, and were set free. Another five fishermen who disappeared in the area have yet to be found.

    ● The body of Ananda Rajendran, 28, of Udaperadeniya, Peradeniya, was recovered from a drain in Peradeniya, Kandy.

    ● Mahendran Krishnaraj, 19, a fisherman was shot dead by gunmen in Kaluvankerni, Eravur, Batticaloa, while he was riding to his employer's house on his bicycle. Krishnaraj, who lived with his elder sister, was on his way after dinner to his employer so that he could go fishing with him early next day.

    ● Sivalingam Indran, 31, a fisherman and a father of a child of Kaluvankerni, Eravur, Batticaloa, has been missing since he left for Kathankudi on his motor cycle with money to buy a van. Relatives allege he was abducted by the Karuna Group, which has camps in Batticaloa.

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