Sri Lanka

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  • Sri Lanka military budget raised

    The Sri Lankan parliament has approved an additional 20% budget for the country's military for the remainder of this year, reported the BBC.

     

    The government argued the cash boost was essential despite the end of the long-running war in May because the security forces still need strengthening.

     

    It was pushing for an additional $300m to be added to the military budget – on top of the record $1.6bn already allocated this year.

     

    The extra revenue is said to be for funding the armed forces' fuel and medical supplies and provide compensation for those who were injured or died. All three armed services wings will benefit, the government claimed.

     

    The money was approved by parliament which also extended by a further month the country's state of emergency, nearly five months after the end of the war, reported the BBC.

     

    When an opposition politician, speaking in parliament, asked why the extra military budget was needed given the end of the conflict, the government pointed to the need to prevent any resurgence of the Liberation Tigers and the need to maintain the heavy fortifications.

     

    There are plans to set up two major new military bases in areas captured from the Tigers and to increase military surveillance of the north which will last long after the planned resettlement of Tamil displaced people currently interned in camps, BBC reported.

     

    The country is plastered with posters glorifying the armed forces, most of them in the majority Sinhalese language whose speakers constitute the vast bulk of the military.

     

    Meanwhile, the Sri Lanka Army celebrated its 60th anniversary in early October.

     

    “[T]he renowned "Defenders of the Nation" which has triumphantly accomplished a record multiplicity of tasks in its sixty years of survival as a distinguished and admirable force to reckon with, marked its 60th Anniversary cum Army Day (Oct 10th) during a colourful parade and other important features,” reported the defence.lk website.  

  • Fonseka's legal perils

    As Major General Sarath Fonseka's military and political stars in Sri Lanka show signs of decline, the General may have to soon decide whether to stay in Sri Lanka and suffer ignominy under the Rajapakse brothers, or to use the lottery-won US Green Card, and seek safety with his children in the US. But safety in US may spell judicial danger.

     

    Without the cover of sovereign immunity, which had protected Fonseka's alleged war-crimes until now, the General will be exposed to answer charges, in the US Federal Courts, against his conduct of war in Sri Lanka's north.

     

    Both criminal and civil actions against Maj.Gen. Fonseka are likely in the US, and Colombo's resources, including legal help from US lobby-firms under Sri Lanka's payroll, will unlikely be available to him, legal sources in Washington said.

     

    "Slow decline of Fonseka's stature in Sri Lanka is quite clear to the public, and many are bewildered at the treatment given to the General, especially after his contributions to the military victory against a formidable foe," a political analyst in Colombo told TamilNet.

     

    Confusion prevails "whether former Army Commander Sarath Fonseka had accepted his new appointment as Secretary to the Ministry of Sports," adding, "even Sports Minister Gamini Lokuge expressing his lack of knowledge on the issue," Sunday Leader said today.

     

    "Fonseka is reported to have told close confidantes that he will not accept any position which was likely to be an insult to his stature. He had said it was better that he leaves the country in dignity rather than accept positions which discredit his standing," the paper further said.

     

    On July 14th Maj. Gen. Fonseka was moved from Commander of the Army, to the largely ceremonial post of Chief of Defence Staff (CDS).

     

    Meanwhile, here in the US, Attorney General and his prosecutorial staff possess enviable discretionary powers in criminally prosecuting foreign defendants in the U.S. However, Tamils Against Genocide (TAG), a Washington D.C based pressure group, said the model indictment against Gotabaya Rajapakse and Sarath Fonseka, TAG submitted to the Justice Department in January, is under review.

     

    "If and when the U.S. foreign policy interests converge to bring prosecution against Sri Lanka officials responsible for the alleged war-crimes, the Justice Department will begin a grand jury investigation," TAG officials said.

     

    According to TAG, possible crimes Maj.Gen. Fonseka will be charged under a criminal indictment are likely to be:

    ·        Charge of genocide, as recognized by Article 2(a), (b), and (c) of the 1949 Geneva Convention, punishable under subsection (a)(1), (a)(2), and (a)(4) of section 1091 of title 18, United States Code.

    ·        Charge of torture, a violation of the laws or customs of war, as recognized by Common Article 3(1)(a) of the Geneva Conventions of 1949, punishable under subsection (d)(1)(A) of section 2441 of title 18, United States Code, punishable under subsection (a) of section 2340A of title 18, United States Code.

    ·        Charge of murder, a violation of the laws or customs of war, as recognized by Common Article 3(1)(a) of the Geneva Conventions of 1949, and punishable under subsection (d)(1)(D) of section 2441 of title 18, United States Code.

     

    TAG officials pointed out that while the existing indictment document covered the crimes until January 2009, crimes allegedly committed between February and May 18th 2009 will also be added as a superseding indictment.

     

    Evidence collection based on Satellite-imagery, and independent verification of the Channel-4 broadcast extra-judicial execution video, will further add to the evidence pool for indictment, TAG officials said.

     

    For civil charges the situation is different, as individual victims, whether a US citizen or not, can use the US Federal court to file compensation for compensatory and punitive damages, according to TAG.

     

    "US Courts can exercise jurisdiction for the crime of torture, war-crimes, and crimes against humanity for tort action. TVPA (Torture Victims Protection Act) applies only to U.S Citizens committing crime outside the U.S, and therefore, this act will only apply to defendants such as Gotabaya Rajapakse.

     

    "Being a resident-alien without the cover of sovereign immunity, Maj.Gen. Fonseka's crimes can be prosecuted under the ATCA (Alien Tort Claims Act) for which there are illuminating precedents in US Courts," TAG official added.

     

    ATCA permits foreign nationals to seek relief in Federal court for actions that violate the “law of nations” or a U.S. treaty. U.S. courts have interpreted violations of the “law of nations” under the ATCA to include crimes against humanity, war crimes, genocide, torture, rape, and summary execution.

     

    With the international climate turning against Colombo in its disregard for human rights of the more than 280,000 Tamils civilians incarcerated in military supervised internment camps, rights organizations are urging the international community to take stern action against Rajapakse Government.

     

    "With evidence of alleged war-crimes slowly seeping past Colombo's harshly imposed blackout, many former officials stand exposed to prosecution in countries where courts exercise universal jurisdiction for war-crimes," TAG officials said.

  • ‘Sri Lanka’s stand not helpful’ - EU Ambassador

    With news emerging that Sri Lanka may still be able to hold on to the GSP+ concessions, EU Ambassador to Sri Lanka Bernard Savage warned that there are still issues to be overcome.

     

    “I reiterate my position that Sri Lanka’s stand of non-cooperation is not going to be helpful,” said Savage, following an increasing sense of confidence in Sri Lanka, that they may retain the GSP+ benefits.

     

     “It is likely to be extended with a negative recommendation,” Reuters reported earlier, quoting a diplomat briefed on the EU’s internal discussions.

     

    "There would then be some targets for Sri Lanka to meet," the anonymous source also added. 

     

    Sri Lanka has twice refused to co-operate with the EU, whilst they were investigating the possibility of withdrawing the programme from the island.

     

    When the EU tried to send a team to investigate allegations of human rights abuses in 2008, Sri Lanka refused to allow them entry into the country.

     

    Colombo also refused to respond to a damning 130-page report by the EU detailing human rights abuses, which indicated a possible cancellation of the concession.

     

    Sri Lanka’s Ambassador to EU and Belgium Ravinatha Ariyasinghe told the EU Parliament that “the government had not accepted the process of GSP+ investigation and a request for EU experts to visit Sri Lanka as a matter of principle, as it was felt inappropriate and unnecessary and the Government was not willing to compromise on its sovereignty.”

     

    “The process of obtaining the concessions is well known to the Lankan government,” commented Mr Savage, adding “we wish Sri Lanka very well” in its bid to obtain the GSP+ concession.

     

    There has been increased pressure on the EU to cease the GSP+ scheme to Sri Lanka.

     

    The Economist criticised Sri Lanka’s participation in the concession scheme in the 3rd of September edition, whilst the Times newspaper also published a damning letter on their website.

     

    The letter severely criticised the Sri Lankan Government stating that “it would be a flagrant abuse of the GSP Plus facility if the commission were to extend it under these conditions.”

     

    It was signed by former director of the Catholic Overseas Development Charity (CAFOD) Julian Filochowski, Professor of Peace Studies at Coventry University Andrew Rigby, Senior Vice President of the Salzburg Global Seminar, former Director of Communications in the Executive Office of the UN and former lead writer for the Financial Times Edward Mortimer, former Secretary of State for International Development and current MP for Birmingham Ladywood Clare Short, and MP for Leeds West John Battle.

     

    US group Tamils Against Genocide (TAG) also submitted a letter to the Chairperson of Human Rights Sub-commission of the European Union, calling for the EU to terminate the concession. The letter was supported by documents from Prof. Francis Boyle of the Illinois College of Law, the model indictment for genocide against Major Gen. Fonseka and Sri Lanka's Defence Secretary Gotabhaya Rajapakse, and court documents filed against IMF loan to Sri Lanka.

     

    "If the EU were to continue its preferential tariff arrangement for Sri Lanka, it would be actively facilitating and supporting Sri Lanka in its crimes, and funding the forced detention of civilians, the expansion of the oppressive security apparatus, and the ethnic cleansing of traditional Tamil areas," stated TAG’s letter. 

     

     

    Following these reports, the Sri Lankan Government has been working at full steam in order to try and secure the concession.

     

    "The government is working on a National Action Plan to develop human rights and guarantee the rights of all Sri Lankans. This is in its draft stages," Mahinda Samarasinghe, Minister of Disaster Management & Human Rights said.

     

    "The Action Plan will facilitate Sri Lanka’s commitments to secure (EU) GSP Plus (trade concessions) and other international commitments," continued Samarasinghe.

     

    Opposition UNP MP Lakshman Kiriella alleged that the Rajapakse administration had even sent a delegation of religious leaders to the EU in order to try and plead for the concession to continue.

     

    “The Government had boasted publicly that it would secure the concession without a problem but is secretly making a valiant effort to get it,” he added.

     

    President Mahinda Rajapakse recently appointed a team of four ministers  to try and win over the EU and removed S Rannugge from his post as secretary in Sri Lanka`s Export Development and International Trade Ministry.

     

    Rannugge had earlier commented that it was “very unlikely” that Sri Lanka would be able to keep the GSP+ concessions.

     

    The Sunday Times reported that the Rajapakse administration would be willing to offer a subsidy to international garment buyers if GSP+ was lost.

     

    “We will provide the difference between the earlier price and the new price. That means if a buyer has to pay an extra Rs 10 per piece, we will reimburse this amount,” the newspaper quoted one official as saying.

     

    Sri Lanka’s textile industry netted a record $3.47 billion from EU markets last year, making it the country’s top source of foreign exchange. The EU is set to pass the final report on Sri Lanka and the GSP+ tariff to the Commissioners on October 15th. It will then be voted upon.

  • Tissainayagam: A travesty of justice?

    Seventeen months after being arrested, and almost three years after writing two articles the government claims were meant to incite “communal disharmony,” journalist J.S. Tissainayagam was sentenced to 20 years of rigorous imprisonment on August 30 by the Colombo High Court.

     

    Tissainayagam’s conviction drew worldwide condemnation, with Amnesty International declaring him a “prisoner of conscience,” and Reporters Without Borders calling the sentence “shameful.” Almost overnight, Tissainayagam became a symbol of government repression and a martyr for freedom of the press. To many observers, Tissainayagam’s treatment cemented Sri Lanka’s reputation as a totalitarian state in the making.

     

    How did Tissainayagam go from being a humble columnist for The Sunday Times to being mentioned by American President Barack Obama as an “emblematic example” of persecuted journalists?

     

    The story began in February of 2008, when he wrote an article about child recruitment for The Sunday Times. Soon afterward, Terrorism Investigation Department (TID) officers were dispatched to arrest Tissainayagam’s publisher, N. Jasikaran, and his wife Valamarthi. When Tissainayagam inquired about Jasikaran’s whereabouts on March 8, he too was arrested, along with the staff of his website, OutreachSL.com. (The staff members were later released).

     

    The only problem was that the TID had neither a detention order nor anything to charge Tissainayagam with. Fortunately for the government, a search of Tissainayagam’s house turned up about 50 back issues of Northeastern Monthly, a now-defunct magazine with a small circulation that Tissainayagam then edited. Although they couldn’t read English, as was revealed during Tissainayagam’s trial, the TID officers confiscated these magazines, and the TID later used them as a convenient pretext for Tissainayagam’s arrest and prosecution.

     

    Strange delays

    Tissainayagam’s imprisonment was a travesty of justice from beginning to end. When he was finally allowed to see a lawyer, two weeks after first being arrested, he could only do so in the presence of the Officer in Charge (OIC) of the TID. The same condition held for meetings with his wife; Tissainayagam has never met his wife in private since his arrest. Since he never received an explanation for his imprisonment, Tissainayagam quickly filed a Fundamental Rights petition challenging his incarceration.

     

    On March 27, 2008, during Tissainayagam’s first court hearing, the state counsel said they didn’t have the detention order in their possession, so High Court Judge Deepali Wijesundara ordered it to be produced. Later that afternoon, the order was delivered to Tissainayagam, backdated to March 7th.  Strangely enough, the detention order was signed by Wijesundara’s sister. Although this is not technically illegal, the defense could have asked the judge to recuse herself from the case given this incident’s strong appearance of impropriety. (Wijesundara’s sister was later promoted to the High Court.)

     

    On May 8, 2008, Tissainayagam’s lawyers finally received the OIC affidavit and a copy of Tissainayagam’s statement translated into Sinhalese. Crucially, however, the state withheld Tissainayagam’s original statement, which he wrote in Tamil. The defense would only get a look at the original confession during the cross-examination of the superintendent of police, who witnessed Tissainayagam writing it. According to the Emergency Regulations of 2005, detainees must be produced before court every 30 days to ensure that they haven’t been tortured, but the state disregarded this law time and again for Tissainayagam.

     

    On May 12, 23, and 26 of 2008 Tissainayagam was scheduled to be produced at the Magistrates Court, but mysteriously failed to turn up. He was finally produced on the 27th, when the TID legal officer told the court that he needed more time to investigate. The magistrate ordered Tissainayagam to be produced on June 6, after his 90th day of detention.

     

    Unsurprisingly, the state was unable to produce him on that day either, managing to delay his court appearance until June 13.

     

    Tissainayagam charged

    Ultimately, Tissainayagam would have to wait  for over five months before he was charged, under the Prevention of Terrorism Act (PTA), for inciting racial violence and communal disharmony by writing two editorials in 2006 for Northeastern Monthly. The first article, published in July 2006, criticized the government for failing to protect the northeastern Tamils, who Tissainayagam argued were being forced to seek protection from the LTTE.

     

    The second article, published in December of the same year, accused the army of deliberately bombing and starving Tamil civilians in Vaharai in an attempt to clear the area for military operations. In a statement to the court, Tissainayagam defended his writings: “I was and am still an advocate against terrorism,” he said. “I have criticized terrorism in whatever form...my objective was to generate non violent means of resolving the conflict.”

     

    The indictment consisted of three charges: (1) that Tissainayagam printed and distributed the Northeastern Monthly with the intention to “cause the commission of acts of violence or racial or communal disharmony and bring the government into disrepute”; (2) that Tissainayagam wrote the two above-mentioned articles, excerpts from which were reproduced in the indictment; and (3) that to fund the Northeastern Monthly, Tissainayagam collected money “for the purpose of terrorism.”

     

    The state claimed during the trial that Tissainayagam had confessed to accepting funding from the LTTE. Tissainayagam has always maintained that the “confession” was dictated to him and that he was forced to sign it under threat of torture. He believed the TID’s threats because he had heard his publisher, Jasikaran, being tortured in a nearby room. (Jasikaran recently testified about his torture during his own trial, which is ongoing.)

     

    Despite the dubious circumstances surrounding Tissainayagam’s “confession,” Judge Wijesundara ruled on December 5, 2008 that it was given voluntarily. The defense chose not to challenge this ruling, not knowing what was in Tissainayagam’s original statement.

     

    Mysterious alteration

    When the defense finally got a look at the original document, during cross-examination of the superintendent of police, it quickly became apparent that the statement had been doctored. In the statement, Tissainayagam admits that LTTE officials contacted him three times in 2006 to offer money to the Northeastern Monthly, but that each time he had refused. “However,” he wrote in Tamil, “I later discovered that Rs. 100,000 had been deposited in my bank account from an anonymous donor.”

     

    But where Tissainyagam had written that he said “no” to the LTTE for the third time, his words had been crossed out and replaced with “I said yes,” making it sound like he had accepted the LTTE’s money. The change to the statement was made in a different colour of ink and in different handwriting than the original statement. Unlike the many other changes to the statement, Tissainayagam had not signed in the margin to approve this alteration.

     

    As the defense pointed out, after the alteration the statement no longer made sense. Why would Tissainayagam, after admitting he had agreed to receive the money, then be surprised to find it in his account? Why use the word “however,” which implies that he had turned down the offer? When the defense brought these irregularities to Wijesundara’s attention, she said that she had already ruled the statement voluntary, and therefore couldn’t throw it out.

     

    She also disputed the defense’s claim that the document was altered. This decision paved the way for Tissainayagam’s ultimate conviction. As Wijesundara notes in her judgement, “once the confession is voluntary, the accused could be convicted on the confession alone.”

     

    In her judgement, Wijesundara also mentions that one of the defense’s witnesses, Kulasiri Hemantha Silva of the Human Rights Commission, contradicted what Tissainayagam wrote in his second article. On cross-examination, Silva stated that he had not seen the bombing and starvation of civilians in Vaharai. However, the defense later got Silva to admit that he had traveled to Vaharai two months before the article was written, and therefore wasn’t able to say what was happening at the later time. Silva also admitted that he had heard news of a Vaharai hospital being bombed by government forces around the time Tissainayagam was writing.

     

    In his statement to the court, Tissainayagam said that he grew up in Colombo with friends from every ethnic group, and that throughout his career as a journalist and human rights activist he has “always agitated for justice for the oppressed.” He concluded his statement by saying that by writing the two controversial articles he “never intended to cause violence or communal disharmony and no such thing ever occurred as a result of those articles.” The whole world, with the obvious exception of the Colombo High Court, now stands with Tissainayagam in agreement and solidarity.

  • Sri Lanka suppresses IMF documents

    The Sri Lankan Government has refused to release documents detailing the underlying basis of the IMF loan to Sri Lanka, but has started to comply with those terms.

     

    The USD2.6 billion standby loan to Sri Lanka was granted earlier this year.

     

    The Government released the memorandum of economic policies and technical memorandum of understanding, yet the staff report was not released.

     

    This is the report that provides details of the reasoning and rationale behind granting the IMF loan, insiders said.

     

    IMF mission Chief Brian Aitken told reporters in Colombo that "publishing that report is the prerogative of the government".

     

    "You have to direct that question to the government, because it is their decision to publish. It is not our decision."

     

    The IMF’s annual country report on Sri Lanka from last year has also been suppressed, contrasting with that of countries such as Pakistan, where the Pakistani Government have released all documents.

     

    The reports can actually be obtained by representatives of foreign governments that form the executive board of the multilateral lender.  But they are not available to the public, without authority from the Government.

     

    After the first loan instalment of $322.2 million was paid in July, the second is awaiting approval from the IMF executive board.

     

    Meanwhile, Sri Lanka is beginning to comply with the terms of the IMF loan, press reports said, even as they reiterated the Sri Lankan government’s claims earlier this year that there were no conditions.

     

    In return for the IMF loan, Sri Lanka agreed to reduce its budget deficit to 5 percent of gross domestic product by 2011, from 7 percent this year, and maintain flexibility in the exchange rate in order to build foreign reserves to cover 3 1/2 months of imports and bolster the economy.

     

    The Central Bank of Sri Lanka issued an official statement on October 8 stating that “the key targets and structural benchmarks as agreed with the IMF at the end of September 2009 were comfortably achieved by Sri Lanka.”

     

    The statement went on to reassure the public that “This follows the successful achievement of the targets set for July 2009 as well.”

     

    The Sunday Times newspaper questioned what the targets “agreed with the IMF” were, citing an earlier comment by the government that there were no conditions on the IMF loan.

     

    Separately Sri Lanka’s central bank kept its benchmark interest rate unchanged at a three-year low, failing to follow through on a suggestion that rates could be cut.

     

    Governor Nivard Cabraal had said the central bank has room to cut interest rates if inflation remains “persistently low” but there was no cut in rates.

     

     “With inflation low, the central bank can afford to cut rates,” said Danushka Samarasinghe, research manager at Asia Securities Ltd. in Colombo.

     

    Consumer prices will probably climb between 3 percent and 5 percent this year, and inflation may accelerate to between 5 percent and 6 percent in 2010, Cabraal said October 6.

     

    The International Monetary Fund said on Sept. 22 it’s “cautiously positive” on the island nation’s prospects as it reviews the economy for the release of a second payment in its $2.6 billion loan package to Sri Lanka.

     

    The outlook on Sri Lanka’s long-term foreign and local currency issuer default ratings was revised to stable from negative at Fitch Ratings on October 9. Fitch affirmed the country at B+.

  • SLA explosive expert arrested for van bomb

    A Sri Lanka Army (SLA) soldier and explosive expert attached to Minneriya camp in Polonnaruwa was arrested by Kurunegala Police Friday, October  2, in connection with the school van bomb blast the previous Friday that killed a 11 year old girl student and injured 11 others including school children and the driver.

     

    The soldier, a neighbour of the van owner, is suspected for making the bomb by smuggling C4 explosives from the military installation.

     

    Erandika Dissanayake, aged 11, succumbed to her injuries and 11 others, including school children, were wounded following a bomb blast in Uduwalpola area in Kurunegala

     

    The blast is reported to have occurred when the driver started the vehicle with the children inside a garage. The wounded including the driver were rushed to Kurunegala hospital.

     

    Carefree violence is becoming a social phenomenon in southern Sri Lanka as a consequence of an attitude arising from the war that didn't care for human rights, journalistic circles in Colombo commented.

     

    Meanwhile, Sri Lanka has formally discharged nearly 25,000 Sri Lankan military personnel, who deserted its forces at the height of the war, AFP reported, citing officials.

     

    The discharged include 20,000 from the army and 5000 from the navy and air force.

     

    According to military sources, the idea of getting the deserters off the books was to make way for fresh recruits.

     

    Thousands of deserters who had been jailed were freed in recent months and those who were discharged will not be court martialed.

     

    During the war SL government was wooing the deserters to come back and fight.

     

    Deserters and discharged of a military, orientated not to observe human rights, have become a serious social problem in southern Sri Lanka, social-work circles in the island said.

     

    The Guardian reported that almost ten percent of the prisoners in UK are ex-soldiers and there is a 30 percent increase of them in the prison population in the last five years.

     

    An estimated 20,000 ex-soldiers are in the criminal justice system of UK and 8500 are behind the bars.

     

    The number is more than double the total British deployment in Afghanistan, The Guardian said.

     

    The involved ex-service persons served in Northern Ireland, Bosnia, Iraq and Afghanistan. A survey found most of them having chronic alcohol or drug problems and half of them suffering from post-traumatic stress disorder or depression. Most conviction cases are connected to violent offences, particularly domestic violence.

     

    The Guardian quoted clinical psychologist professor Tim Robbins “If we are asking people to do appalling things, to take part in regular firefights and hand-to-hand combat, you get to the stage where it de-sensitises them to violence. It is not just these specific things, but also [for soldiers] there is the constant rising and falling of the level of tension. In combat, they are constantly on edge and after a while they become constantly on edge."

     

    A heavy price the contemporary world civilization pays is that in the name of ‘war on terror’ the establishments have brought in terror within their own societies. Sri Lanka that waged an unjustifiable war branding a people asking for political justice as ‘terrorists,’ is likely to get the worst of it, commented a social anthropologist in Colombo.

     

    A country like UK having an effective judicial and social system may able to bring the situation under control. But judicially failed in implementing human rights and deploying an ethnic biased military to rule ‘conquered people’, the crisis in Sri Lanka is going to be manifold, the anthropologist further said. 

  • ‘My life in Menik farm IDP camp from March to July 2009’

    This is a personal narrative by someone who was an inmate of the Menik Farm IDP camp from March to July this year.

    Introduction

    A quarter million people, who have been on the run from artillery fire for more than a year, are now restricted by barbed wire inside an area less than one kilometre square. A comparison with the size of some heavily populated cities (Table) gives some idea of the congestion that is made even more acute by restricting the freedom of movement of the inmates. The scenario has drawn the attention of United Nations, Amnesty International, Human Rights Watch, governments of many leading countries and several other local and international NGOs, as well as all the major media.

     

    The scenario has continued for over six months and there is no end in sight despite pressures applied on and promises made by the Sri Lankan Government. The account below adds to the existing descriptions of the camp conditions and is based entirely on my first hand experience as an inmate in the zone-3 camp (Figure) for more than four months.

     

    Administration

    The administration of each camp named zone-0 to zone-5 is conducted by one sub office inside each zone. These sub offices in theory comes under the Assistant Government Agent Division (AGA) of Cheddikulam-Vavuniya. Each sub office has a “figure head”, a Tamil, who used to be the head of an AGA division in Vanni prior to displacement and as a rule these “figure heads” are not interned inside the camp. Scores of staff, all of them Tamils, who worked under these heads in Vanni, who are presently interned inside the camps, staff the zone sub offices and live in fear and are eager to get out just like any of the other inmates.

     

    Above each of these “zone figure heads” are another head who are all Sinhalese and are employees of the Ministry of Resettlement. The military units that support these “Sinhalese civil servant heads” work in close association with them. The Tamils inmates, “the Tamil figure head” and all other interned staff, take orders from the military.

     

    Once when I was in the sub-office a convoy arrived with the Minister of Resettlement and several personnel with video cameras. While the minister took photographs standing in front of the sub office we, the inmates, were chased out. Then a van with video cameras drove by and started throwing bread and some “sambol” at the inmates crowded behind the office.

     

    The inmates rushed competing for the bread while the amused cameramen were videoing. Observing the scene it seemed to me that these video shots will be screened on the state television that night with the news of the minister’s visit to the camp for the pleasure of the Sinhala viewers. Inmates on many occasions have told me of seeing similar scenes being videoed.

     

    Military

    “When we risked our lives to escape from the war zone we viewed the Sri Lankan army as our saviours. Just three months later we hate them and see them as “masters”- a 40 year old male inmate.

     

    Gun and stick (long baton rods) wielding military control the inmates at all times. I have not witnessed the guns being used on inmates though I have heard guns being fired on many occasions. The sticks on the other hand were used regularly reminding me of the way black slaves were beaten in the “Roots” television drama. Being treated worse than animals is a very accurate description. The following incident is typical.

     

    A medical employee inmate was regularly carrying some refrigerated medicines from one OPD clinic to another inside the same camp. The employee used a short cut through the tents instead of using the longer gravel road. One military duo attempted to stop the employee suspecting that he is a seller of some goods. Such sellers are treated like criminals as described later. When this employee in question failed to stop because he never suspected that the target of the military order to stop was him. The angered military duo drove their motorbike through the narrow space between the tents; brining down clothes that were hanging on strings stretched cross the tents; and endangering young children playing in that space.

     

    They reached the employee, stopped and got off the motorbike and walked angrily towards the employee shouting something in Sinhalese. The Tamil employee who does not understand Sinhalese kept repeating “hospital.. hospital”, which is a word most of the people in world would understand. (Indeed 95 percent of the inmates all of whom are Tamils do not understand Sinhalese where as 99 percent of the military all of whom are Sinhalese do not know Tamil and give their orders as “masters” in Sinhalese which the “slaves” do not understand.)

     

    The enraged military man kicked the employee on his face and stomach several times with his boots while the employee kept repeating “hospital.. hospital”. It was only after the military man was too tired to deliver any more kicks that he stopped to look at what was in the box that the employee was carrying. Several of us witnessed this in close quarters frozen in fear. When the scene cleared I asked one senior government employee inmate if this misconduct by the military ought to be reported. I was told that if I attempt anything like that I will “disappear”.

     

    I have on many occasions taken the trek on the gravel road from one end of the zone-3 camp to its sub-office. This gravel road also separates zone-3 and zone-2 camps. It is therefore an area where the master-slave scenario is played out frequently when the inmates of one camp attempt to go to the other through the barbed wire to meet family members and friends. Anyone caught while attempting to cross are beaten brutally and the degree of brutality became worse as the inmates appeared undeterred by the military brutality.

     

    In reality, the people were desperate to see and help family members and friends in the adjacent camp who have arrived at different times from the war zone and have lost close relatives in the war. Military brutality in such circumstance was ineffective. Though some procedure was instituted to let a limited number of people to crossover to the other camp for the day, this was ineffective and people continued to defy the military and breach the barbed wire behind its back.

     

    Living area

    It was obvious when we arrived in the camp that even the basics like water, toilets and tent were not in place to hold the people they are detaining. Many of us drank the water that were not meant for drinking and ended up with diarrhoea almost immediately after arrival. One could go on about the conditions at the start. There were improvements as time went by but only in comparison to what was there to start with.

     

    The tent was unbearably hot once the sun came out but there were hardly any shade to take shelter from the sun; the place was like a desert with crowded tents. Within two months the tarpaulin material used for the tents were shredded to pieces by the strong winds that started in June. For more than a month we lived in shredded tents with no privacy at all until they were replaced. The wind during June/July was extreme and it was like living permanently in a sandstorm.

     

    Everyone was covered with sand that will come raining down every few minutes. There were a couple of heavy downpours soon after we arrived in the camp. Some of the camps in the lower lying areas were flooded. The wind that came with the downpours lifted the roofs of some of the tents. Fear of the monsoon rains was often expressed by the inmates during conversation. I had left the camp before the August heavy rains.

     

    The toilets are only less than five meters from my tent and the smell was strong when the emptying of the toilet pits is not carried out in time which is always the case. When there is water shortage, which is frequent, concern about how one is going to use the toilet becomes the most serious problem of the day, surpassing the problems of food, health and other major issues. Queues for toilets are common in the morning but is usually not so during the day.

     

    Each camp is divided in units of around 300 tents, averaging 2000 inmates, with most units having an enclosed bathing space for 20 people, one for males and one for females. The spacing of this bathing area is such that the water running off the bathing of one person runs into the basin containing the bathing water of the person next to them. Majority of the inmates therefore prefer to bath in the open though lacking in privacy.

     

    I have never seen flies and mosquitoes in such numbers in my life. While eating, one hand is fully occupied with chasing the flies; a practice that children will not adopt thus consuming food contaminated by flies that come straight from the toilets very nearby. Inmates attempted with no success to keep the flies out of their tent by cutting the mosquito nets given to them and draping it around the tent. A few weeks later when mosquitoes were on the rise inmates did not have enough nets to sleep at night. Once the sun sets, one can literally sense dust falling on the face while sitting inside the tent which is in fact the swarms of mosquitoes flying around.

     

    The camp sites are zigzagged with open canals that take away the dirty water. This is the best breeding area for the mosquitoes and the water in the canal is always covered with a thick layer of mosquitoes lying low during the daytime ready for swamping once the sun sets. These canals are always more than a meter wide and there are never adequate cross over points to walk over. Older people and young children frequently fall into these dirty canal water while jumping across it.

     

    Retailers

    The very first commercial event in the camp after our arrival was the bank. First came the state run banks, with loud announcements of caring for the people. This was quickly followed by other private banks. Banking advertisements were the most prolific in the camp and everyone knew that they were all competing for the savings of the war refugees now interned in terrible conditions.

     

    The trucks of items for sale were first brought in by the Multi-Purpose-Cooperative Societies (MPCS). The struggle people went through to buy small quantities of sugar and tea were stories in their own right. The reason is the huge number of people dying to have a hot cup of tea and the tiny amounts that were brought in for sale. This situation lasted for a few months before more trucks of items for sale and more retail outlets were installed.

     

    Other sellers came along and curiously all of these sellers were Sinhalese except for an odd Muslim seller. A large supermarket style building was erected by “Sathosa” chain to sell mostly expensive items. Ice-cream and Soda outlets were erected. Vegetable and fruit sellers came in substantive numbers. The camp inmates attempted to buy some of these items and resell it with a small profit in order to generate some income for themselves.

     

    This was banned by the military and thus was the basis for the frequent cruelty of the military against inmates. There were regular incidents where the military will scatter the wares of these inmate sellers and beat them severely. The inmates came to understand this as a deliberate effort to stop inmates making money whereas selected Sinhalese sellers were given all rights to sell what they like at the price they chose. There was always a market for these wares because the camp inmates included regular salaried people like teachers, health workers, administrative staff etc. Most of the items brought in for sale were those that could be sold with big profit like ice-cream, soda, and biscuits. Basic needs, such as sun hats for children were not sold. Anyone who visited the camp could see very young children roaming around without a hat, one cause for the frequent illness suffered by the children. It was a profit driven retailing with no concern for the people and the inmates understood this clearly.

     

    I was once in the zone-3 camp office when some UNHCR staff were talking to the senior Tamil staff in the office. This was at the time when zone-3 camp was moving from large scale cooking to family level cooking. WFP had started providing the basic dry items (rice, white flour, lentils, sugar and vegetable oil). The UNHCR staff inquired the Tamil officers about vegetables and they were told that Tamil officers have been instructed by the Vavuniya District Secretariat that no vegetables are to be given to inmates. This remained the case until I left the camp. The people with regular salaries could afford to buy the vegetables which were very expensive and the others, the majority just survived with the dry rations.

     

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

     

    The remnants of trees that were chopped to clear the forest to set up the camp were initially used by the inmates for firewood. This quickly ran out once self cooking was begun with WFP dry rations. No axes were given to the inmates to chop the wood and people could be seen going around pleading a few who had bought an axe for loan of the axe. People were forced to go to edge of camp to collect firewood and were often beaten up by mindless military personnel. Collecting firewood also thus became synonym with military brutality.

     

    Health service

    Each zone has two or three OPD clinics of varying sizes. Most of the doctors attending the clinics are non-Tamil speakers. Most of them are Sinhalese and sometimes Indian doctors are in attendance too; necessitating an interpreter. Skilled interpreters are rare and anyone with a minimum knowledge of Sinhala is recruited from the inmates. Older women not wishing to use the young male unskilled interpreter have approached me to explain their reproductive system related illness to the doctor in English.

     

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

     

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

     

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

     

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

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

     

    Family separation

    Family separation caused by many factors is yet another ordeal that runs through the community. Contacting family living elsewhere also became an ordeal because most people have lost the addresses and phone numbers during the escape. Until after May, the camp postal service was non-existent and the camp phone service that permitted a three-minute call required standing in queues for two days; most of the time without success. Possessing a mobile phone was a crime and remained a crime until the time I left the camp. For a short period during July the military was even confiscating radios because of the rumour that the Voice of Tiger radio service had restarted.

     

    Hundreds of injured people were taken by ICRC ship throughout the war period from Vanni. Often an adult family member and sometimes young children who had no other care giver left in Vanni accompanied the injured. The injured person and the accompanying family members were separated within a day or two of arrival and the family members were taken to the camps while the injured was sent away to some hospital. I have known family after family desperately trying without much assistance from any authorities to locate the injured family member who could have been transferred to any number of the hospitals. Many a tearful months were spent by these families not knowing anything about the fate of their injured family member. Reunion of the injured with the family in many cases took place purely by the efforts of the family with next to no help from the authorities.

     

    The war conditions and the eventual escape from the war zone separated families. Often while escaping part of the family would cross over while the others failed to cross over. Again many families wrote dozens of letters and made many tearful trips to the sub-office trying to locate the missing members. The success often came by sheer luck and not through any set procedure. It was chaos all around. The most heartbreaking scenes prior to June was when bus loads of refugees were just arriving in the camps. People in the camps would run behind these buses hoping to catch a glimpse of a missing relative. If someone in the bus waves at them, there would be endless speculation on to whom the wave was directed and who that person was. These were all signs of longing that the family members who were not already in the camp had survived and made it across.

     

    It is these people suffering intense anxieties about friends and families who were brutally stopped by the military from entering adjacent camps to checkout if the missing loved one has arrived there. The number of times inmates were brutally beaten when caught attempting to cross is countless. The camps were full of stories on how even women were beaten up. Walking down the gravel road that separates zone-2 and zone-3 one can see the barbed wire being breached at several places where the determined people have made spaces to crossover. The military would at gunpoint gather young men to mend these breached places and the people kept breaching them again and again. Once I saw an old man just squatting on the zone-3 side of the gravel road watching through the barbed wire the goings on in zone-2. A military person walking past called the old man on to the road and started beating him. It was clear to me that the beating on this occasion was purely for sadistic pleasure. I have seen a few more instances of sadistic actions by the military. The beating of the hospital worker described earlier also was of this category.

     

    The military also separated families by taking away people suspected of LTTE membership at Omanthai where all refugees were first recorded. Trying to locate the whereabouts of such members was the most traumatic. In many cases families did not even know if the member had perished in Vanni or were taken away by the military. ICRC played a part in giving information to the families whenever it managed to find out the whereabouts of the missing person. If the names are not in ICRC list then locating such cases is impossible. Many families were still searching for members in this category when I left.

     

    If there was any doubt that the Menik Farm camps are anything other than prisons the procedure in place for outside visitors to meet inmates will clear away any doubt. Each zone has a space allocated where outsiders must come to seek face to face meeting with inmates. There were times when they were barred from brining anything to be given to the inmates. This was relaxed later. The visitor gives a piece of paper to the personnel manning the place with the names of the inmates they wish to meet. This will be announced in the public announcement system. Mind you, not every tent is within the audible limits of this announcement system. By the time the inmate hears the announcement and takes the long trek to the meeting place anything from one to two hours would have passed. Across a divide separated by barbed wires the inmates and visitors must identify and signal to each other that they will enter the meeting area on the next turn. A fixed number of inmates (around 50 in zone-3) are permitted into the meeting area at a time and their corresponding visitors are also then permitted in.

     

    The actual meeting area is divided by iron sheets up to the chest and above it are wooden grills similar to what one would find in a prison. The visitors and inmates can talk through this grill and also exchange items over the grill. One is permitted only around 20 minutes maximum to talk because there will be hundreds more waiting. Even within this short time one is often interrupted by the military demanding the national identity card of the visitor and details about the relationship to the inmate. The waiting area for the zone-3 visitors has no shade and they will be waiting in the burning sun for hours.

     

    Deaths

    If an inmate dies in a hospital outside camp to which the inmate was transferred earlier, there is a small chance he or she will get something resembling a funeral. Of course there must be a relative who is a permanent resident of Vavuniya who is willing to hold the funeral in their home. If this is the scenario then only three relatives from inside the camp are permitted to leave the camp to attend the funeral. A police person is sent with them and the very next day this police person must ensure that the inmates are back in camp. A three and a half year old boy died near my tent and his aunts who brought him up were not allowed to even go and see the dead body of the boy. Any death within the camp has no chance of a funeral. The body is just removed by the military and nothing is heard of after that.

     

    Even in death families have no privacy to mourn. While people close to the deceased mourned onlookers would gather around because it all had to be done in the open space.

     

    Mysterious happenings

    Once there were rumours of three to six bodies of young women floating in the river adjacent to the camp. There were speculations as to the reasons for the presence of these bodies. There were rumours of white-van abductions within the camp. There were also stories of a young man disappearing while going to collect water. We were not treated like people with intelligence who deserve to find out what is going on. There were only rumours based on such facts and no way of finding out anything else.

     

    There were these people whom the camp inmates called ‘CIDs”. They were apparently senior LTTE members who had been taken away and then “released” into the camp to be with their families. Their job is to spot LTTE members and LTTE Police members who have not reported to the military. One such CID man was living close to my tent. I have seen him interrogating other men suspected of close liaison with LTTE. This CID man has apparently said that he is doing this after he was beaten severely until he agreed to do this task. We also heard another well known female LTTE member coming in Sri Lankan military uniform to the camps and identifying LTTE members in the camp.

     

    What inmates talked about

    Until end of May, till the last of the displaced arrived, most people talked a lot about who were killed since they had left. Stories of entire families being killed were common in the conversations of the inmates. Especially when extended families or people from the same locality met for the first time since getting out of the war zone, they had numerous stories to share about the fate of the unfortunate relatives and villagers. How best to trace missing relatives was always part of this topic of conversation. Descriptions of the experience of crossing over from the war zone were the ones described in minute details by those who had displaced in March. While crossing over people faced intense fears of being shot at either by the military or by the LTTE. Families often got separated when they were fired at. Wealthier people hired boats to cross over. One mother lost all of her four children when her boat was fired at by the military suspecting it to be an LTTE boat.

     

    Those who arrived in May described the experience of the last few days of the war in great detail. Many said that during the last few days they never walked erect due to fear of being hit by shelling. When making the move to exit the area they said that they had to walk over dead bodies.

     

    Other topics included the amount of money they had wasted in transporting their possessions as they displaced again and again in Vanni. The loss of their entire possessions was acutely felt and discussed over and over again. When feeling a little less tense the inmates never tire of describing their yard and all the trees and vegetables that would be growing in their yard. The soothing shades of large mango and jack trees in their yard were frequently remembered and contrasted with the lack of shade from the scorching sun in the camp.

     

    The going on in the camp itself also dominated the conversation of inmates who were living near each other. The most common topic is the fights among inmates that always took place at the water collection queues. These fights indicative of the tension caused by competition for the limited availability of water created a very bad atmosphere among the inmates who were otherwise very amicable and helpful to each other.

  • War's over, but what about peace?

    It has been three months since Sri Lankan President Mahinda Rajapakse declared the country "liberated" from Liberation Tigers of Tamil Eelam (LTTE) after a 26-year war.

     

    He said he wanted to settle most of the displaced Tamil civilians within 180 days.

     

    But today, with more than half that time elapsed, nearly 300,000 are still being held in "internment camps", to which the media and humanitarian organisations have virtually no access.

     

    One person who was able to visit some of them in May was United Nations Secretary-General Ban Ki Moon.

     

    He said: "I have travelled around the world and visited similar places, but these are by far the most appalling scenes I have seen."

     

    In the middle of this month, the camps were flooded by downpours that, according to The New York Times, "sent rivers of muck cascading between tightly packed rows of flimsy shelters, overflowed latrines and sent hundreds of families scurrying for higher ground".

     

    Moreover, there is no public list of those being held in the camps, and many families do not know whether their loved ones are alive or dead.

     

    The brutal and violent methods used by the LTTE during the conflict are beyond dispute. But the government claimed to draw a distinction between LTTE fighters and the law-abiding Tamil population, whose genuine political grievances it would address once the "terrorists" had been defeated. So far, nothing like that has happened.

     

    Although it has screened out those it believes were LTTE cadres and sent them to separate camps, the government has repeatedly extended its own deadline for releasing the civilians who are still in the main camps.

     

    People who question this inside Sri Lanka are accused of being traitors in the pay of "the LTTE diaspora", while outsiders are accused of using humanitarian concerns as an excuse for neo-imperialist intervention.

     

    Sri Lankan journalists who criticise the government have been arrested, beaten and in some cases murdered in broad daylight, while many more have fled the country. Foreign journalists have been kicked out, and Human Rights Watch and Amnesty International are not allowed into the country.

     

    In the last weeks of the fighting, an estimated 20,000 civilians lost their lives. Government forces were accused of shelling Tamil civilians and killing people who tried to surrender.

     

    The LTTE was charged with using civilians as human shields, forcibly recruiting them as fighters and shooting those who tried to flee. There were rumours of mass graves but no independent observer has been able to investigate.

     

    The government claims to have won the "war on terror" within its own frontiers, and denies the right of countries that have been less successful to question its methods.

     

    As one of the five "Colombo Powers" that organised the historic Bandung Conference in 1955, and a leading member of the Non-Aligned Movement, Sri Lanka was, for many decades, a responsible democracy, even a model member of the international community. Surely, the people of Sri Lanka do not want to compromise that enviable status.

     

    Friends of Sri Lanka, especially in the developing world, do not understand why President Rajapakse chose Myanmar as the first country to visit after winning the war.

     

    They were concerned to read, on the government's own website, that one reason for this choice was that "the (Myanmar) generals are increasingly finding it difficult to contain insurgent groups in the country's northern frontier and are willing to learn some fresh lessons from President Mahinda Rajapakse on how to defeat the enemy".

     

    That is not what the international community wishes to learn from Sri Lanka. Rather, it is expecting the country to be faithful to its democratic tradition and act on Mr Rajapakse's promises that the rights of minorities would be respected, that the displaced would be helped to return home, and that prisoners would be treated humanely.

     

    We do not believe that most people in Sri Lanka agree with the view that developing- country governments can best deal with internal opposition by crushing it ruthlessly and treating any advice to respect human rights and humanitarian law as hypocritical. Sadly, the government's willingness to ignore these principles has met with very little international resistance.

     

    Even the United States, which has urged the rapid release of all civilians and deplored the Sri Lankan government's slow timetable on political reform, is simultaneously encouraging US investors to "make Sri Lanka your next business stop".

     

    This puts a heavy responsibility on Asia's key powers - India, Japan and China - which have been staunch supporters of the Rajapakse government and have channelled large sums of money to it (mainly, recently, for humanitarian purposes).

     

    It is time for these governments to say clearly that further economic and political support will depend on the following conditions being fulfilled:

     

    1. The UN, International Red Cross and voluntary agencies must be given full and unhindered access to care for and protect the civilians in the camps, and then help them return to wherever in their own country they choose to live.

     

    2. A list of all those still alive and in custody should be published.

     

    3. Those who continue to be detained as alleged LTTE combatants must be treated in accordance with the provisions of international law, and given urgent access to legal representation.

     

    4. Accountability processes must be established to ensure that international aid is not diverted to purposes other than those for which it was given.

     

    5. The Sri Lankan government should invite regional and international specialists in conflict reconciliation to help rebuild lives and communities.

     

    6. Sri Lanka should request or accept a full UN investigation into war crimes committed by all parties during the war.

     

    The government has won the war, and the world shares the feeling of relief visible among Sri Lanka's people. It remains for it to win the peace, and the rest of the world must help by insisting on the above conditions. Peace won by the brutal humiliation of a people is rarely secure.

     

    Lakhdar Brahimi is a former Algerian foreign minister and United Nations Special Envoy. Edward Mortimer is Senior Vice-President of theSalzburg Global Seminar and was the chief speech-writer for former UN secretary-general Kofi Annan. Both are members of the Advisory Council of the Sri Lanka Campaign for Peace & Justice.

  • “Very challenging times” if GSP plus is denied – Chairman of MAS Holdings
    The Chairman of MAS Holdings, warned of “very challenging times” ahead, with the prospect of GSP Plus concessions being withdrawn by the European Union. 

    “This duty-free facility is extremely vital to Sri Lanka as the country benefits significantly from these concessions to remain competitive in markets in the EU” said Mahesh Amalean of MAS holdings, South Asia’s largest manufacturer of intimate apparel. 

    If the program is not renewed, Sri Lanka’s garment industry, which sells around $3.47 billion to the EU alone, would be severely hit. Sri Lanka could no longer compete with countries such as Cambodia and Bangladesh, which also suffers concessions under a separate program, said Mr Amalean.

    Companies who regularly export goods into the EU, such as Marks & Spencer’s, Next & Tesco could relocate their factories into these countries, if the GSP+ facility is withdrawn.

    `The cost of manufacturing in these countries is also far less than in Sri Lanka`, he noted. `If the GSP Plus is withdrawn, they will have a competitive edge in the EU marketplace`.

    `All these factors put together will pose a very big challenge to Sri Lanka`, the MAS Holdings boss underlined. `We need to take cognizance of this`.

     This was echoed by the head of the Sri Lanka Apparel Exporters Association, Kumar Mirchandani.

    “Price pressure is so high... people move away over a difference of 10 cents,” he said. “We can’t take 10 per cent off our prices — we don’t have those margins.”

     The Sri Lankan Government has promised to pump $150 million into the apparel industry, in order to try and increase exports to countries such as India and China. The European Union however, made up 52% of all Sri Lanka’s garment exports, and 36% of all goods exports, making it an extremely hard market to replace. 

    “GSP Plus is crucial... withdrawing it would mean a lot of hardship,” said Mr Mirchandani. 

    The situation has become so critical, that even UNP Deputy Leader Karu Jayasuriya pleaded with the both the Sri Lankan Government and EU to allow the concessions to continue. 

    “As a responsible opposition, the UNP does not wish to see all our people suffer the consequences of the sins of a few. It is in this spirit that we have appealed to the EU recently to reconsider before withdrawing the trade concessions to Sri Lanka since more than a million of our poorest people will be affected by such an action while the perpetrators of violence who are responsible for our predicament will be largely untouched,” he said. 

    He slammed the current government and said they “must realize how serious the consequences of its actions are going to be for the people of this country. Today more than a million, direct and indirect jobs are in jeopardy.” 

    “The people of Sri Lanka need to understand that this government has long since perfected the art of propaganda and spin doctoring... What the democratic world is asking of us is the restoration of democratic rights in Sri Lanka.”

    Meanwhile, the team of four ministers appointed by President Rajapakse concluded that they had met all conditions laid down by the EU for the concessions to continue. 

    “I see no reason for the EU to prevent the GSP+ facility being extended to Sri Lanka for a further period,” commented Deputy Finance Minister Sarath Amunugama, who is part of the team. 

    Sri Lanka’s admission into the GSP Plus program has been under review since October 2008, after increasing pressure on the EU to investigate human rights abuses. Since then, investigators have been refused entry into the country and categorically rejected by the Sri Lankan Government. 

    The EU is set to vote on the termination of the GSP+ tariff on October 15th.

  • Why peace seems elusive in Sri Lanka

    If war-scarred Sri Lanka is to re-emerge as a tropical paradise, it has to build enduring peace through genuine inter-ethnic equality and by making the transition from being a unitary State to being a federation that grants local autonomy. Yet even in victory, the Sri Lankan government seems unable to define peace or outline a political solution to the long-standing grievances of the Tamil minority.

     

    A process of national reconciliation anchored in federalism and multiculturalism indeed can succeed only if possible war crimes and other human-rights abuses by all parties are independently and credibly investigated.

     

    United Nations Secretary General Ban Ki-moon has acknowledged civilian casualties were 'unacceptably high,' especially as the war built to a bloody crescendo earlier this year. The continuing air of martial triumph in Sri Lanka, though, is making it difficult to heal the wounds of war through three essential 'Rs': Relief, recovery and reconciliation.

     

    In fact, the military victory bears a distinct family imprint: President Mahinda Rajapaksa was guided by two of his brothers, Gotabaya, the powerful defence secretary who fashioned the war plan, and Basil, the presidential special adviser who formulated the political strategy. Yet another brother, Chamal, is the ports and civil aviation minister who awarded China a contract to build the billion dollar Hambantotta port, on Sri Lanka's southeast.

     

    In return, Beijing provided Colombo not only the weapon systems that decisively titled the military balance in its favour, but also the diplomatic cover to prosecute the war in defiance of international calls to cease offensive operations to help stanch rising civilian casualties.

     

    Through such support, China has succeeded in extending its strategic reach to a critically located country in India's backyard that sits astride vital sea-lanes of communication in the Indian Ocean region.

     

    India also is culpable for the Sri Lankan bloodbath. Having been outwitted by China, India was compelled to lend critical assistance to Colombo, lest it lose further ground in Sri Lanka.

     

    From opening an unlimited line of credit for Sri Lanka to extending naval and intelligence cooperation, India provided war-relevant support in the face of a deteriorating humanitarian situation in that island-nation.

     

    Sinhalese nationalists now portray President Rajapaksa as a modern-day incarnation of Dutugemunu, a Sinhalese ruler who, according to legend, vanquished an invading Tamil army led by Kind Elara more than 2,000 years ago. But months after the Tamil Tigers were crushed, it is clear the demands of peace extend far beyond the battlefield.

     

    What is needed is a fundamental shift in government's policies to help create greater inter-ethnic equality, regional autonomy and a reversal of the State-driven militarisation of society.

     

    But Rajapaksa, despite promising to address the root causes of conflict, has declared: 'Federalism is out of the question.'

     

    How elusive the peace dividend remains can be seen from Sri Lanka's decision to press ahead with a further expansion of its military.

     

    Not content with increasing the military's size fivefold since the late 1980s to more than 200,000 troops today, Colombo is raising the strength further to 300,000, in the name of 'eternal vigilance.'

     

    Soon after the May 2008 victory, the government, for example, announced a drive to recruit 50,000 new troops to help control the northern areas captured from the rebels.

     

    The Sri Lankan military already is bigger than that of Britain and Israel. The planned further expansion would make the military in tiny Sri Lanka larger than the militaries of major powers like France, Japan and Germany.

    By citing a continuing danger of guerrilla remnants reviving the insurgency, Rajapaksa is determined to keep a hyper-militarised Sri Lanka on something of a war footing.

     

    Yet another issue of concern is the manner the government still holds nearly 300,000 civilians in camps where, in the recent words of UN High Commissioner for Human Rights Navi Pillay, the 'internally displaced persons are effectively detained under conditions of internment.'

     

    Such detention risks causing more resentment among the Tamils and sowing the seeds of future unrest. The internment was intended to help weed out rebels, many of whom already have been identified and transferred to military sites.

     

    Those in the evacuee camps are the victims and survivors of the deadly war. To confine them in the camps against their will is to further victimise and traumatise them.

     

    Sri Lanka's interests would be better served through greater transparency. It should grant the UN, International Red Cross and nongovernmental organisations at home and abroad unfettered access to care for and protect the civilians in these camps, allowing those who wish to leave the camps to stay with relatives and friends.

     

    Then there is the issue of thousands of missing people, mostly Tamils. Given that many families are still searching for missing members, the government ought to publish a list of all those it is holding - in evacuee camps, prisons, military sites and other security centres. Even suspected rebels in custody ought to be identified and not denied access to legal representation.

     

    Bearing in mind that thousands of civilians were killed just in the final months of the war, the authorities should disclose the names of those they know to be dead - civilians and insurgents - and the possible circumstances of their death.

     

    The way to fill the power vacuum in the Tamil-dominated north is not by dispatching additional army troops in tens of thousands, but by setting up a credible local administration to keep the peace and initiate rehabilitation and reconstruction after more than a quarter of a century of war. Yet there is a lurking danger that the government may seek to change demography by returning to its old policy of settling Sinhalese in Tamil areas.

     

    More fundamentally, such have been the costs of victory that Sri Lankan civil society stands badly weakened. The wartime suppression of a free press and curtailment of fundamental rights continues in peacetime, undermining democratic freedoms and creating a fear psychosis.

     

    Sweeping emergency regulations remain in place, arming the security forces with expansive powers of search, arrest and seizure of property. Public meetings cannot be held without government permission. Individuals can still be held in unacknowledged detention for up to 18 months.

     

    For the process of reconciliation and healing to begin in earnest, it is essential the government give up wartime powers and accept, as the UN human rights commissioner has sought, 'an independent and credible international investigation...to ascertain the occurrence, nature and scale of violations of international human rights and international humanitarian law' by all parties during the conflict.

     

    According to Ms Pillay, 'A new future for the country, the prospect of meaningful reconciliation and lasting peace, where respect for human rights and fundamental freedoms can become a reality for all, hinges upon such an in-depth and comprehensive approach.'

     

    Rather than begin a political dialogue on regional autonomy and a more level playing field for the Tamils in education and government jobs, the government has seen its space get constricted by the post-victory upsurge of Sinhalese chauvinism opposed to the devolution of powers to the minorities.

     

    The hard-line constituency argues that the Tamils in defeat shouldn't get what they couldn't secure through three decades of unrest and violence.

     

    Indeed, such chauvinism seeks to tar federalism as a potential forerunner to secession, although the Tamil insurgency sprang from the State's rejection of decentralisation and power-sharing. The looming parliamentary and presidential elections also make devolution difficult, even though the Opposition is splintered and Rajapaksa seems set to win a second term.

     

    Add to the picture the absence of international pressure, despite the leverage provided by a cash-strapped Sri Lankan economy. The United States enjoys a one-country veto in the International Monetary Fund, yet it chose to abstain from the recent IMF vote approving a desperately needed $2.8 billion loan to Sri Lanka.

     

    In the face of China's stonewalling in the UN, Ban Ki-moon has been unable to appoint a UN special envoy on Sri Lanka, let alone order a probe into possible war crimes there. By contrast, the UN carried out a recently concluded investigation into Israel's three-week military offensive in Gaza earlier this year.

     

    Today, reversing the militarisation of society, ending the control of information as an instrument of State policy and promoting political and ethnic reconciliation are crucial to post-conflict peace-building and to furthering the interests of all Sri Lankans -- Sinhalese, Tamils and Muslims. So also is the need to discard the almost mono-ethnic character of the security forces.

     

    Colombo has to stop dragging its feet, as it has done for long, on implementing the Constitution's 13th amendment, which requires the ceding of some powers at the provincial level. But these tasks are unlikely to be addressed without sustained international diplomatic intervention.

     

    As world history attests, peace sought to be achieved through the suppression and humiliation of an ethnic community has proven elusive. It will be a double tragedy for Sri Lanka if making peace proves more difficult than making war.

     

    Brahma Chellaney, a professor of strategic studies at the independent, privately funded Centre for Policy Research in New Delhi, is on the international advisory council of the Campaign for Peace and Justice in Sri Lanka.

  • Colombo risks squandering Sri Lanka's hard-won peace

    Yet even in victory the Sri Lankan government seems unable to define peace or outline a political solution to the long-standing cultural and political grievances of the Tamil minority, which makes up 12 percent of the 21.3-million population. A process of national reconciliation anchored in federalism and multiculturalism can succeed only if human-rights abuses by all parties are independently investigated. United Nations Secretary General Ban Ki Moon has acknowledged that civilian casualties were "unacceptably high," especially as the war built to a bloody crescendo.

     

    The continuing air of martial triumph in Sri Lanka, though, is making it difficult to heal the wounds of war through three essential "Rs": relief, recovery and reconciliation. In fact, the military victory bears a distinct family imprint: President Mahinda Rajapaksa was guided by two of his brothers, Gotabaya, the defense secretary who authored the war plan, and Basil, the presidential special adviser who formulated the political strategy. Yet another brother, Chamal, is the ports minister who awarded China a contract to build the billion-dollar Hambantotta port, on Sri Lanka's southeast.

     

    In return, Beijing provided Colombo not only the weapon systems that decisively tilted the military balance in its favor, but also the diplomatic cover to prosecute the war in defiance of international calls to cease offensive operations to help stanch rising civilian casualties. Through such support, China has succeeded in extending its strategic reach to a critically located country in India's backyard that sits astride vital sea-lanes of communication in the Indian Ocean region.

     

    Sinhalese nationalists now portray Rajapaksa as a modern-day Dutugemunu, a Sinhalese ruler who, according to legend, vanquished an invading Tamil army led by Kind Elara more than 2,000 years ago. But four months after the Tamil Tigers were crushed, it is clear the demands of peace extend far beyond the battlefield. What is needed is a fundamental shift in thegovernment's policies to help create greater interethnic equality, regional autonomy and a reversal of the state-driven militarization of society.

     

    But Rajapaksa, despite promising to address the root causes of conflict, has declared: "Federalism is out of the question." How elusive the peace dividend remains can be seen from Colombo's decision to press ahead with a further expansion of the military. Not content with increasing the military's size five-fold since the late 1980s to more than 200,000 troops today, Colombo is raising the strength further to 300,000, in the name of "eternal vigilance." Soon after the May victory, the government, for example, announced a drive to recruit 50,000 new troops to help manage the northern areas captured from the rebels.

     

    The Sri Lankan military already has more troops than that of Britain or Israel. The planned further expansion would make the military in tiny Sri Lanka larger than the militaries of major powers like France, Japan and Germany. By citing a continuing danger of guerrilla remnants reviving the insurgency, Rajapaksa, in fact, seems determined to keep a hyper-militarized Sri Lanka on something of a war footing. Yet another issue of concern is the manner the nearly 300,000 Tamil civilians still held by the government in camps where, in the recent words of U.N. High Commissioner for Human Rights Navi Pillay, the "internally displaced persons are effectively detained under conditions of internment."

     

    Such detention risks causing more resentment among the Tamils and sowing the seeds of future unrest. The internment was intended to help weed out rebels, many of whom already have been identified and transferred to military sites. Those in the evacuee camps are the victims and survivors of the deadly war. To confine them in the camps against their will is to further victimize and traumatize them.

     

    Sri Lanka's interests would be better served through greater transparency. It should grant the U.N., International Red Cross and nongovernmental organizations at home and abroad full and unhindered access to care for and protect the civilians in these camps, allowing those who wish to leave the camps to do so and live with relatives and friends. Otherwise, it seriously risks breeding further resentment.

     

    Then there is the issue of thousands of missing people, mostly Tamils. Given that many families are still searching for missing members, the government ought to publish a list of all those it is holding — in evacuee camps, prisons, military sites and other security centers. Even suspected rebels in state custody ought to be identified and not denied access to legal representation.

     

    Authorities should disclose the names of those they know to be dead — civilians and insurgents — and the possible circumstances of their death. Also, the way to fill the power vacuum in the Tamil-dominated north is not by dispatching additional army troops in tens of thousands, but by setting up a credible local administration to keep the peace and initiate rehabilitation and reconstruction after more than 25 years of war.

     

    Any government move to return to the old policy of settling Sinhalese in Tamil areas is certain to stir up fresh problems. More fundamentally, such have been the costs of victory that Sri Lankan civil society stands badly weakened and civil liberties curtailed. The wartime suppression of a free press and curtailment of fundamental rights continues in peacetime, undermining democratic freedoms and creating a fear psychosis.

     

    Public meetings cannot be held without government permission. Sweeping emergency regulations also remain in place, arming the security forces with expansive powers of search, arrest, detention and seizure of property. Individuals can still be held in unacknowledged detention for up to 12 months. For the process of reconciliation to begin in earnest, it is essential the government shed its war-gained powers and accept, as Pillay says, "an independent and credible international investigation . . . to ascertain the occurrence, nature and scale of violations of international human-rights and international humanitarian law" by all parties during the conflict.

     

    Pillay has gone on to say: "A new future for the country, the prospect of meaningful reconciliation and lasting peace, where respect for human rights and fundamental freedoms can become a reality for all, hinges upon such an in-depth and comprehensive approach."

     

    Unfortunately, Colombo still seeks to hold back the truth. Those who speak up are labeled "traitors" (if they are Sinhalese) or accused of being on the payroll of the Tamil diaspora. Last year, a Sri Lankan minister accused the U.N. undersecretary general for humanitarian affairs, John Holmes, of being on the rebels' payroll after Holmes called Sri Lanka one of the world's most dangerous places for aid workers.

     

    The media remains muzzled, and a host of journalists have been murdered or imprisoned. Lawyers who dare to take up sensitive cases face threats. Recently, a well-known astrologer who predicted the president's ouster from power was arrested. And this month, the U.N. Children's Fund communications chief was ordered to leave Sri Lanka after he discussed the plight of children caught up in the government's military campaign.

     

    Rather than begin a political dialogue on regional autonomy and a more level-playing field for the Tamils in education and government jobs, the government has seen its space get constricted by the post-victory upsurge of Sinhalese chauvinism opposed to the devolution of powers to the minorities.

     

    The hardline constituency argues that the Tamils shouldn't get in defeat what they couldn't secure through three decades of unrest and violence. Indeed, such chauvinism seeks to tar federalism as a potential forerunner to secession, although the Tamil insurgency sprang from the state's rejection of decentralization and power-sharing. The looming parliamentary and presidential elections also make devolution difficult, even though the opposition is splintered and Rajapaksa seems set to win a second term.

     

    Reversing the militarization of society, ending the control of information as an instrument of state policy and promoting political and ethnic reconciliation are crucial to postconflict peace-building and to furthering the interests of all Sri Lankans — Sinhalese, Tamils and Muslims. So also is the need to discard the almost mono-ethnic character of the security forces. Colombo has to stop dragging its feet on implementing the constitution's 13th amendment, which requires the ceding of some powers to the provincial or local level.

     

    Sadly, there is little international pressure on Colombo, despite the leverage offered by the Sri Lankan economy's need for external credit. The U.S. can veto any decision of the International Monetary Fund, but it chose to abstain from the recent IMF vote to give Colombo a $2.8 billion loan. In the face of China's stonewalling at the U.N., Ban has been unable to appoint a special envoy on Sri Lanka. A U.N. special envoy can shine an international spotlight to help build pressure on a recalcitrant government. But on Sri Lanka, the best the U.N. has been able to do is to send a political official to Colombo this month for talks.

     

    It is thus important for the democratic players, including the United States, the European Union, Japan and Norway — co-chairs of the so-called Friends of Sri Lanka — and India, to coordinate their policies on Sri Lanka. If Rajapaksa continues to shun true reconciliation, these countries should ratchet up pressure on Colombo by lending support to calls for an international investigation into the thousands of civilian deaths in the final weeks of the war.

     

    The International Criminal Court has opened an initial inquiry into Sri Lankan rights-abuse cases that could turn into a full-blown investigation. Sri Lanka, however, is not an ICC signatory and thus would have to consent — or be referred by the U.N. Security Council — for the ICC to have jurisdiction over it. As world history attests, peace sought through the suppression and humiliation of an ethnic community proves to be elusive.

     

    If Rajapaksa wants to earn a place in history as another Dutugemunu, he has to emulate that ancient king's post-victory action and make honorable peace with the Tamils before there is a recrudescence of violence. It will be a double tragedy for Sri Lanka if making peace proves more difficult than making war.

     

    Brahma Chellaney, a professor of strategic studies at the independent, privately funded Center for Policy Research in New Delhi, is on the international advisory council of the Campaign for Peace and Justice in Sri Lanka.

  • IMF issues warning to Sri Lanka

    The International Monetary Fund has issued a statement warning Sri Lanka from building up its foreign currency reserves by borrowing from overseas investors.

    Sri Lanka’s foreign currency reserves reached a high of $4 billion, as estimated by Central Bank, enough to cover four months of imports and the highest in the island’s history.

    This is in stark contrast to earlier in the year, at the height of the civil war, when foreign currency reserves fell to $1.7 billion, enough to cover just one month’s worth of imports. Foreign investors also withdrew over $600 million in government bills and bonds, as the climax of the war coincided with the global economic crisis.

    The reserves were built up by the sale of government debt to foreigners. "Total net foreign inflows to the government Treasury bills and bonds since mid May 2009 to 11 September 2009 amounted to US$ 1.2 billion,” said Central Bank governor Nivard Cabraal.

    However, this has aggravated the International Monetary Fund, which is providing a $2.6 billion loan to Sri Lanka.

    "We don't want Sri Lanka to borrow its way to build reserves," said head of the IMF mission to Sri Lanka, Brian Aitken. "The central bank has been building a war chest of reserves lately through debt. We would prefer if Sri Lanka built up reserves from exports and from remittances and not by borrowings."

    Mr Aitken was in Colombo on a two week review of the island’s economy, as the loan is to be paid in instalments, subject to quarterly reviews. After the first instalment of $322.2 million was paid in July, the second is awaiting approval from the IMF executive board. IMF offices have also re-opened in Colombo, in order to keep a close eye on its lending programme. The organisation left the country in 2007, when it decided that it would no longer lend to the island.

    Meanwhile, Iran has agreed to extend an interest free credit facility to Sri Lanka for one more year, to purchase Iranian crude oil.

    In November 2007, after President Rajapakse’s visit to Iran, this facility was first introduced, which allowed Sri Lanka to import more than $1.05 billion worth of crude oil in 2008.

    "There was no denying that the country was hard pressed for foreign currency to fund the purchase of essential military hardware," an official said. He said, "Last year, crude oil imports exceeded US$1 billion in total value with Sri Lanka not having to pay hard cash to open Letters of Credit, while Iran provided 4 months interest free credit and a further three months at a concessionary rate of interest."

    Iran also agreed to supply $1.03 billion in order to fund the refurbishment and expansion of the Ceylon Petroleum Corporation owned oil refinery at Sapugaskanda. This is repayable over 15 years, with a 5 year grace period. Current plans, forecast that at the end of the project, oil output capacity will be doubled from 50,000 to 100,000 barrels of oil a day.

  • Colombo's paranoid secrecy

    What Ranil, Mangala and Mano Ganesan said on 3 September at a Platform for Freedom Press Conference on the IDP issue was fairly widely covered in the print and electronic media, but three other contributors, Siritunga Jayasuriya, Nimalka Fernando and Herman Kumara failed to attract coverage. They were more sharp and interesting, but not being parliamentarians, I guess, less news worthy. I will focus on them to redress this imbalance. But first a Mangala snippet which was both catchy and accurate; he defined the Vanni interns as FDPs (Forcibly Detained Persons) insisting that calling them internally displaced persons (IDPs) was simply not true.

     

    First, let me have my say. It is my view that it is the FDP issue that will have more severe repercussions on the relationship between the Tamils and the government and on Sinhala-Tamil relations than the hotly canvassed political package uproar. Astute folks are pretty well reconciled that nothing will happen in the foreseeable future about devolution, thirteen plus, minus or zilch, and home-grown solutions. It’s going to be the same old unitary state and constitution, with or without some superficial tinkering, until and unless something dramatic happens, such as the change to a left government; and that’s not on the cards.

     

    But between two and three hundred thousand people of one community, held in indefinite and illegal detention by the hegemonic state of another community, well that’s tertiary stage cancer and its repercussions are going to be far, far more serious than people seem to realise. I give it three more months and if the FDPs are not all released from forcible detention, then the gulf will again widen to distrust similar to the post 1972-Constitution, post Vattukkotai Resolution, or intensifying LTTE periods. The gulf will become unbridgeable again. In a word, it’s the FDPs stupid, not the package that will hinge, or if you prefer unhinge, Tamil consciousness.

     

    Siritunga’s take on it: For those who need some background, Siritunga is the leader of the United Socialist Party (USP), a non government left party and as presidential candidate in 2005 he polled 36,000 votes, certainly much more than I expected. I have been closely associated with him politically from 1970 when he was a key leader in the Vama or left tendency in the LSSP which matured into the NSSP in 1977. He parted company with us on the Indo-Lanka Accord and 13th Amendment which he opposed while we (the majority in the NSSP) gave these measures our conditional support. Nevertheless, he and I have remained personal friends. The USP has fraternal ties with international Marxist currents in many countries but I am not aware what its active membership within the country is.

     

    As a Sinhalese Marxist he expressed shock at the inadequate response in the South to the fact that such a large number of Tamils could be held in illegal detention for over 100 days. “Imagine the uproar in the country if two to three lakhs of ordinary Sinhalese people had been held behind barbed wire like this”. How much longer is this going to continue he inquired? And this inquiry continued to the heart of the matter. “These people have lived under LTTE Administration for nearly two decades. Of course a large number of them or a family member would have worked in that Administration, many would have associated with the LTTE, and to be perfectly frank, most would have supported or been sympathetic to the LTTE point of view”. This goes to the heart of the government’s conundrum; if the government intends to hold everybody who is or was sympathetic to the LTTE indefinitely, then it will have to hold some hundreds of thousands of people forever. The real problem is not a few thousand ex-cadres, the problem is hundreds of thousands who, come on be sensible about it, must have been pro-LTTE.

     

    I think it is inevitable that he comes to the same conclusion as I have done in my third paragraph, but from an inside the camps perspective. I asserted that the FDP issue is destined to be the crucible in which the fires of broad ethno-political conflict will light up again. Siritunga says “If you hold people like this you are operating a farm for breeding the next generation of LTTEers, by whatever name they sprout. Is the government trying to breed another one lakh of terrorists?”

     

    Insensitivity and secrecy: Nimalka introduced a women’s and welfare perspective as one would expect from a person of her background. Initially though she made a comment that was news to me. Most of the food, dry rations and other essential needs of the FDPs are provided by UN agencies and NGOs she said.

     

    It is not GoSL but these organisations that foot the bill; the work in the camp is done by NGO volunteers and GoSL’s expenses, other than paying for the military, are small. Nimalka’s main grouse however was framed in these questions. “Do mothers have the right to take a fevered child to hospital? Can a woman who is bleeding seek emergency medical help?” The questions are rhetorical, the answers obvious.

     

    Why must the military be in control of the camps, why not civilian agencies? Herman Kumara of the Fishermen’s Welfare Association was quite pointed in his repetition of the question on many people’s mind. Why can’t visitors enter the camps? Why are journalists barred? Why are international agencies kept out? Why is it taking the courts so long to make a straightforward order to allow members of parliament to visit the camps? As Mangala added “I can walk into any prison at will and meet any criminal, but I am not allowed to meet these people held in detention for no reason.” The reasons offered for this paranoid secrecy varied from the need to hide human rights violations to calculations relating to the upcoming elections. I think it will be some time before the real reason comes seeping out. 

  • Sri Lanka’s victory speech to near empty UN hall

    Sri Lankan Prime Minister Ratnasiri Wickramanayaka gave a long triumphant speech at the 64th UN General Assembly in New York, to a hall that was more than half empty, reported Inner City Press.

     

    According to the non-profit public interest organisation, the Prime Minister “droned on” as the Sri Lankan Foreign Affairs and Defense Ministers “sat with their head in their hands”.

     

    In his speech, Wickramanayaka repeated promises that the government were doing all they could to help resettle the civilians in camps. He however warned that "the stability and security that we have restored at great human cost cannot and must not be compromised, particularly when a large number of self-confessed ex-LTTE cadres continue to mix with the IDPs (internally displaced persons)," hinting that the resettlement may be delayed even longer.

     

    The Prime minister also made it clear that Colombo would not allow the UN to “interfere in internal affairs”. Relations between the UN and the Sri Lankan government have been strained, since the climax of the war in May, amid allegations of human rights abuses.

     

    As the Prime Minister spoke, Tamil Americans rallied in front of the UN to protest over the organisation’s inaction.

     

    Before the Prime Minister addressed the UN General Assembly, he spoke at the Asia Society at Park Avenue, Manhattan, where he started his speech by saying "our country is nourished by Buddhism". It has been reported that the only questions   Wickramanayaka answered were “pre screened softball questions”, according to Inner City Press.

     

    The organisation also claimed that “several facts were plainly misrepresented.”

     

    “The Asia Society's questioner -- who multiple times and accurately said, "I am by no means an expert on Sri Lanka" -- asked if the International Committee of the Red Cross has access to all the IDPs. Yes, Wickramanayake replied. But the ICRC has complained of no access to at least 10,000 people.”

     

    Then Wickramanayake said that two ICRC staffers were found to have "direct" ties to the LTTE and were arrested. Presumably he was referring to the two UN system staff, a question that Inner City Press wrote on a note card that was never read out by the moderator. Nor was a question about the GSP Plus tax benefit in Europe, which Sri Lanka stands to lose for human rights violations.”

     

    The UN Secretary General, Ban Ki-moon met with the Prime Minister after his speech, to discuss the situation in these camps, and in particular to urge rapid resettlement as the monsoon season approaches.

     

    “Failure to rapidly resettle nearly 300,000 Sri Lankans displaced by the government's final onslaught against Tamil separatists and further suffering under harsh conditions in the camps could result in growing bitterness,” said the UN Secretary General.

  • Missing the Enemy

    Is the Rajapaksa regime caught in the grips of the ME Syndrome? - Missing the Enemy, that is. Over the last two weeks, the leading lights of the regime have warned of conspiracies to destabilize the regime and even to replace it and have used the state controlled media as well as the defence ministry website to launch propaganda attacks against alleged conspirators, this columnist included.

     

    It is the dirty nasty imperialist West and their local hirelings who are at the bottom of this. They tried to save the LTTE and failed. Now, they are determined to ensure regime destabilization and change. The extension of the GSP Plus concession, the report on war crimes to the US Senate, the Pascoe visit and continuing international concern about the plight of the IDPs are all elements of this dastardly plan. It is only the love of country of the mass of patriots, in the south in particular, their political savvy and courage that can stop this insidious plan in its tracks, whether it be through a resounding mandate for the regime in the provincial elections or through entirely suitable and grisly punishment of those identified as traitors.

     

    The regime clearly misses an enemy. It seems to be dangerously unsure of itself in the absence of one. The emperor of yore was unaware of his nakedness. What would have happened if he were aware?

     

    What is especially worrying is that these accounts of conspiracies to stabilize the regime and change it emanating from the heart of the regime are destabilizing in themselves. They suggest that the war in effect is not over and that Sri Lanka has no choice but to embark on a collision course with an influential section of the international community, which has traditionally been an ally of this country. What is the hard evidence for this?

     

    It would seem to be the case that the report of the EU investigators in the context of the extension of the GSP Plus concession, has served as a catalyst for conspiracy theories. The GSP Plus trade concession was based on the ratification and effective implementation of some twenty-seven international human rights instruments and labour standards. In the Sri Lankan case, as per the terms of the concession, the EU decided to instigate into the ratification and effective implementation of the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture (CAT) and the Convention on the Rights of the Child (CRC). The findings of the investigation will feed into the decision on whether to extend the concession to Sri Lanka. The concession was granted in the aftermath of the tsunami.

     

    Media reportage of the report of the investigation and a public statement to this effect by a ministry secretary, indicate that it is negative and that the crux of the issue is human rights. Human rights, underpins the US Senate request for a report on war crimes from the State Department. Accountability in respect of human rights violations was flagged by the UN High Commissioner for Human Rights on a number of occasions and as far back as March of this year. It was also mentioned in the communiqué issued after the visit of the UN Secretary General at the end of May in which the point was made that this was best dealt with nationally. The issue also featured in the visit to Sri Lanka by the UN Under Secretary General for Political Affairs Lyn Pascoe. It further features in the controversy over the Channel 4 video and the comments on the investigation into it conducted by the regime, which concluded that the video was a fake. Philip Alston, the UN Secretary General’s Special Representative on Extra Judicial Killings has called for an independent investigation into the authenticity of the video.

     

    This week, Walter Kaelin, the UN Secretary General’s Special Representative on the Human Rights of IDPs will visit Sri Lanka and yet again human rights issues will be highlighted. Indeed, the fate of the IDPs encompasses many of the dimensions of the human rights issue and constitutes the litmus test for peace, reconciliation and national unity. The central concern here is that of the freedom of movement of IDPs – Sri Lankan citizens who are being detained in camps without any legal basis and in violation of international human rights and humanitarian norms.

     

    The onset of monsoonal rains has alerted the regime to an impending humanitarian catastrophe, a foretaste of which was produced by rains in August. Consequently, there were announcements of action on the assurance given that 80 per cent of the IDPs would be returned in 180 days. IDPs, it was announced could go and live with relatives once the latter were screened and it clearly established that they were not LTTE supporters or sympathizers. However, there are reports that the IDPs are being relocated from one camp to another – from the Menik Farm camp complex to “transit” camps elsewhere in the north and east. Clearly the “decongestion” of the Menik Farm complex, which houses double the number of human beings it was built to accommodate, is being prioritized on account of the onset of the monsoon at the expense of the freedom of movement of our fellow citizens. A case in the Supreme Court taken by the Centre for Policy Alternatives and this columnist in the public interest on the rights of the IDPs is still to be concluded, on way or another.

     

    Other aspects of the situation of the IDPs relate to the legal status and fate of those who have been identified as LTTE cadres, supporters and sympathizers, access and basic facilities. Other human rights issues that are the focus of international concern are the Tissainayagam verdict, the expulsion of the UNICEF spokesperson James Elder and the fate of UN workers held by the regime.

     

    Human rights issues are stubborn ones. They will not go away. They cannot be dealt with by denial, bravado, defiance, conspiracy theories or neglect. Moreover they are indubitably in the national interest and to the detriment of no one other than the perpetrators of violations. At the same time, foreign policy cannot be conducted through allegation and counter allegation, shrill incoherence and what increasingly looks like incomprehension and incompetence. Most importantly governance cannot be served or sustained by conflict and conspiracy, fear, paranoia and insecurity. We are part of an international community. Human rights and the international community have to be dealt with maturely, responsibly, constructively. Surely this is not beyond a regime, which enjoys such unprecedented popularity?

     

    This is surely not the time for enmity, but for peace, reconciliation and unity to realize the full potential of this country and capitalize on the military defeat of the LTTE.

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