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May-06-2012 12:56printcomments

Life of a Sri Lanka Tamil Catholic Bishop in Danger

Most Rev Dr Rayappu Joseph and others in danger 'Our Lady of Madhu' and Bishop Rayappu Joseph.

Sri Lanka clergy under threat

(BRISBANE, Aust.) - The following is a second edition to Dr. Senewiratne's article, 'Life of a Sri Lanka Catholic Bishop'.

LIFE OF A SRI LANKAN TAMIL CATHOLIC BISHOP
Most Rev Dr RAYAPPU JOSEPH
AND OTHERS IN DANGER
“Our Lady of Madhu” and Bishop Rayappu Joseph
The people’s Bishop
The bombed Madhu Church
BRIAN SENEWIRATNE
BRISBANE, AUSTRALIA

DEDICATED TO THE
THOUSANDS OF CIVILIANS IN THE
TAMIL NORTH AND EAST OF SRI LANKA
WHO HAVE BEEN SLAUGHTERED BY
THE GOVERNMENT OF SRI LANKA
FOR NO REASON OTHER THAN THAT THEY WERE TAMILS,
AND
THE THOUSANDS WHO SURVIVED THE KILLING,
WHO HAVE HAD THEIR BASIC HUMAN RIGHTS DENIED,
AND TO THE SCORES OF CONCERNED PEOPLE
IN AND OUTSIDE SRI LANKA
WHO HAVE STUGGLED TO BRING PEACE WITH JUSTICE
FOR THE TAMIL PEOPLE OF SRI LANKA,
AND STOP THE DISMANTLING OF DEMOCRACY.

This is an urgent appeal to prevent the possible assassination/ ‘disappearance’ of the outspoken Roman Catholic Bishop of Mannar, his fellow Catholic priests in the North and East, and others who call themselves ‘Civil Society’, the only voices for the Tamil people in that part of Sri Lanka.

Today, 6 April 2012, is Good Friday, when Christians remember the murder (crucifixion) of Jesus Christ 2,000 years ago, when Palestine was under the absolute rule of Herod Antipas. It is hoped that the followers of Jesus Christ, such as Bishop Rayappu Joseph, his fellow priests (and others), do not suffer the same fate under the absolute ruler of Sri Lanka, who is much more violent and murderous than Herod ever was.

I write, not as a concerned Christian, but as a concerned human being, to apprise the international community, including the Pope, of what might happen in the Democratic Socialist Republic of Sri Lanka.

The threat to life is not only of Bishop Joseph and his Tamil priests and members of ‘civil society’, but of Sinhalese human rights activists and media people. It is a risk that cuts across the ethnic divide. At risk are Tamils, Sinhalese and Muslims, in all walks of life. No dissent is tolerated by the Sri Lankan President, Mahinda Rajapaksa, and his junta.

Anyone who is even minimally aware of what is going on behind the closed and censored doors of President Rajapaksa’s Totalitarian State, masquerading as a ‘democracy’, will know that murder is rampant and accountability non-existent. Murder or ‘disappearance’ is the Government’s answer to any problem, and the only method of silencing the dissenting voice, not addressing the reasons for their dissent or protest.

Irreplaceable

If such a fate befalls Bishop Rayappu Joseph and his fellow priests, it will be a disaster for the Tamil people in the North and East. They, in particular Bishop Joseph, are the only voices that these people have, since their parliamentarians have gone ‘quiet’ – as so often happens when a democracy is closing down. Bishop Joseph, his fellow Roman Catholic clergy, and ‘civil society’, have done more to high-light the dreadful plight of a voiceless people than all their parliamentarians put together. In that blood-drenched country where so many thousands of Tamils have been butchered by the Rajapaksa junta, and some 350,000 Tamil civilians made ‘non-people’, Bishop Joseph, his clergy, and members of ‘civil society’, are the biggest threat to the murderous regime running the country. This could have disastrous consequences which must be prevented before it is too late.

Bump them off

Already 10 Christian priests, mainly Roman Catholics, have been murdered, abducted or have simply gone missing – ‘disappeared’.

In the Sinhalese South, the dreaded ‘white van’ with no number plates arrives, the victim is bundled in, and that is that.

In the Tamil North and East, these niceties are not considered necessary. Just a straightforward abduction by ‘unknown men’ (read ‘President Rajapaksa’s gang of thugs, some in army or police uniform, others in civilian clothes). They arrive, the victim goes with them (there being no option), and that is the last that is seen of him/her. A cassock is no protection.

It is brazen – plain simple murder, done with the assurance that the Sinhalese-dominated Government, the overwhelmingly Sinhalese (99%) ‘Sri Lankan’ Armed Forces (now running the North and East), the Police (95% Sinhalese), and the crumbling legal system under the heel of the Executive President with sweeping powers, will not bring the perpetrators to book. In fact, many of these crimes are directed by members of the ruling junta.

There is no investigation, not even the pretence of one. The Government of Sri Lanka (GoSL) does not think it is called for. If there are calls, those who do so are ‘enemies of Sri Lanka’, ‘traitors’, ‘terrorists’ or even ‘Tamil Tiger Terrorists’. In Sri Lanka, any Tamil is a ‘terrorist’ unless he stands close to the blood-soaked Sri Lankan flag. So are others (like the writer of this publication, who is a Sinhalese). To be critical of, or even to question, what the ruling junta does, is, by definition, ‘terrorism’ or ‘treason’, and dealt with as such.

George Bush’s “Either you are with us, or you are with the terrorists[1] is applied absolutely in Rajapaksa’s autocratic rule. Looking at it from a logical point of view, Bush’s statement commits the fallacy of ‘a false dilemma’. Being with us, or being with the terrorists, are not the only options. Another possibility is being with neither. What Bush really meant was, “Either you are with us, or we - the USA – will treat you as if you chose to be with the terrorists”. This fallacy of a ‘false dilemma’ is repeated over and over again by President Rajapaksa and his cronies.

Mannar and Bishop Rayappu Joseph

Mannar

Mannar district is one of 25 administrative districts in Sri Lanka, located in the North West, with a population of about 130,000, mainly Tamils (and some Muslims). It is linked to Mannar Island by a causeway. Mannar Island is a dry and barren area of about 50 sq km. Fishing is economically vital for survival. Deliberate destruction of this (as the GoSL has done) will result in starvation. The GoSL could not care less.

The Mannar Diocese has some 86,700 Catholics, 69 Diocesan priests, and 21 ‘Religious priests’[2]. Most Rev Dr. Rayappu Joseph is the Bishop of Mannar.

The Madhu Church, on the mainland in the Mannar district, is one of the ancient Churches of Asia. It is the holiest Roman Catholic Church in Sri Lanka, home to Sri Lanka’s most famous Catholic statue, the centuries old, priceless Blessed Virgin Mary – ‘Our Lady of Madhu’. In 1920, Bishop Brault (the then Bishop of Jaffna) obtained the Pope's sanction for the Coronation of the Statue.

In August, thousands of Catholics (Sinhalese and Tamils) from all over Sri Lanka go to Madhu for the annual ‘Madhu festival’. On 15 August 2010, there were more than 450,000 people.

In November 1999, the Sri Lankan (Sinhalese) Armed Forces thought nothing of shelling this Church, doing extensive damage. I will expand on this outrage later.

The Pesalai Catholic Church, one of the largest churches in Sri Lanka, is in Mannar Island. The Sri Lankan Navy thought nothing of tossing hand grenades into the Church, having asked the civilians to take shelter in ‘places of worship’ – which I hope a Church is. Bishop Rayappu Joseph in a letter to the Vatican said that the Church “has been desecrated by innocent blood being shed (in it) by unjust aggressors, the Sri Lankan Navy”. The GoSL equates such a letter as supportive of ‘Tamil Tiger terrorism’, when what it is, is a condemnation of Government terrorism.

The murder of Tamil Christian priests in Mannar is nothing new. Let me back-track to ensure that history does not repeat itself.

Fr Mary Bastian was a Catholic priest in Vankalai in the Mannar district. He was abducted on January 5th, 1985, by the Armed Forces, tortured and murdered. The body was clandestinely burnt. Several witnesses saw the Priest being taken away by soldiers. Pope John Paul had a special prayer for the departed soul of Fr Bastian. It needed a little more than prayer, since a few days later a Tamil Methodist Priest, George Jeyarajasingham, was ambushed and killed by the Sri Lankan Army.

Lalith Athulathmudali, the then President J.R. Jayawardene’s Minister of National Security (or rather, ‘Insecurity’), in typical Goebellian style, completely denied that the murder had occurred, adding insult to injury by tarnishing the dead priest’s reputation. He claimed that Fr Bastian had run away to India and was very much alive in Tamil Nadu.

Many Sinhalese Catholic priests in the South collaborated in this cover up. The most serious collaborator was Rev Oswald Gomis, later appointed the Roman Catholic Archbishop of Colombo. Rev Gomis, the government propagandist, with the tacit consent of the then Archbishop of Colombo, Nicholas Marcus Fernando, wrote to the Vatican that Fr Bastian was alive and well in India.

The Pope retracted his earlier statement – something that is unknown. The Vatican said that the Pope had erred in praying for Fr Bastian’s departed soul and that “joyfully” he was alive.

Despite overwhelming evidence that the priest was dead, Catholics did not push the issue, since it would have eroded the Pope’s credibility even further. With the Pope’s infallibility already dented, the faithful decided to let it pass. The Pope’s infallibility was undermined by Roman Catholic priests in the Sinhalese South cooperating with the Government - and lying.

Let us make sure that the Pope is well aware of the dangers facing Bishop Rayappu Joseph and his fellow priests in the North and East - not that he has not been apprised of this before (as we will see).

Bishop Rayappu Joseph

Born in Delft (an island off the Jaffna Peninsula) in 1940, ordained in 1967, he was appointed Bishop of Mannar in July 1992.

It is impossible to even list out, let alone present, what this outstanding Catholic Bishop has done for the people of Mannar, and the wider community in the Tamil North and East. As someone who is neither a Tamil nor a Roman Catholic, all I can say is that this extraordinary man and his lone voice of protest in a very dangerous country, has been an inspiration to all of us who have an interest in human rights in general, the brutalised Tamil ‘minority’ in particular.

What has Bishop Rayappu Joseph done?

What ‘hanging offences’ has the Bishop done to ‘warrant’ assassination or ‘disappearance’? In a sentence – he has looked after his flock – not just Catholic Christians, but Christians of all denominations, and those of other faiths and beliefs. The Bible says that they are all God’s children – which Bishop Joseph has applied absolutely. He is not only the leader of the Catholic Church in Mannar, but a humanitarian, which is why his ‘elimination’ will affect us all.

Let me take you through Bishop Joseph’s ‘hanging offences’, seen as such by the Sri Lankan government.

It will simply take too long to deal with what Bishop Joseph has done for his people in Mannar, traumatised and brutalised by the war. I will deal only with some of the more recent events.

The bombing of Mannar

When the Sri Lankan Armed Forces decided to bomb and shell Mannar in 1999, Bishop Joseph urged that civilians be spared. They were not. As scores of civilians, men, women and children, were slaughtered or injured, Bishop Joseph lodged a strong protest with the Armed Forces, went to care for the wounded, and to wipe the tears of those who survived.

That was unacceptable to the GoSL. Anyone who does any humanitarian work to help the suffering Tamils is, according to the GoSL, a ‘terrorist’ and, if Tamil, a “Tamil Tiger Terrorist” – a label attached to Bishop Joseph.

The bombing of the Madhu Church in Mannar.

With the bombing getting closer to the Madhu Church with its priceless Lady of Madhu statue, some people (I am told they were Tamil Tigers – some of whom were Roman Catholics) – rescued this treasure. They returned it to the Church when this outrage was over. Had it not been for them, this holy of holy statues would have been pulverised – as was the Jaffna Library which was destroyed in 1981[3].

On 28 November 1999, the Madhu Church was bombed. The Church was extensively damaged, some 40 civilians killed and another 60 injured. Jesus Christ lost an arm (I mean the statue), as I have documented in one of the dozen dvds I have recorded. Bishop Rayappu Joseph raised a voice of protest at this outrage.

These protests are completely unacceptable to the GoSL. Churches, Hindu shrines (kovils), and Mosques are there to be destroyed, and replaced by Buddhist Statues, dome-shaped Stupas (‘Dagobas’), and Buddhist Temples – despite the fact that there are no (or only a very few) Buddhists in the area. This is ‘necessary’ to make multiethnic, multireligious, multicultural, multilingual Sri Lanka into a Sinhala-Buddhist country – the indisputable intention of the GoSL, whatever the rhetoric. This is not an opinion to be debated, but a fact to be faced and addressed before it is too late. It almost is.

End of the war

Then came the end of the war, 19 May 2009.

Bishop Joseph, and many others in the North and East, waited for the return to normalcy and at least some accounting and reconciliation. With nothing but a seriously flawed “Lesson Learnt and Reconciliation Commission” (LLRC) appointed by the Rajapaksa government, he and two of his fellow priests made a detailed Submission to the LLRC.

This was despite Amnesty International (AI), Human Rights Watch (HRW) and International Crisis Group (ICG), when invited to appear before the Commission, refusing to do so. Kenneth Ross, Executive Director, Human Rights Watch wrote to the Commission: “There is little point in appearing before a fundamentally flawed commission. The Commission is nothing more than a cynical attempt by Sri Lanka to avoid serious inquiry that would bring genuine accountability”[4].

AI was scathing. In a 60 page detailed analysis, “When will they get Justice? Failures of Sri Lanka’s Lessons Learnt and Reconciliation Commission’, AI decimated the Commission[5], stating that it was “fundamentally flawed”.

Despite this, Bishop Joseph and his fellow clergy decided to appear before the Commission to clearly set out the problems facing the Tamil people – which is more than what their parliamentarians did.

LLRC: Submission by the Catholic Diocese of Mannar

Most Rev. Dr. Rayappu Joseph, Rev.Fr. Victor Sosai, Rev. Fr. Xavier Croos[6]

This is a crucially important Submission which deals with what the people in the North and East are going through behind the closed and censored doors of Sri Lanka. It is important to point out that despite the end of the war, internationally credible human rights organisations such as AI, HRW, and ICG, are not allowed into the North and East, nor are independent observers.

As such, we have to rely on people on the ground, like Bishop Joseph, his clergy, and ‘civil society’, to tell us what is happening to ordinary civilians.

Although the stated aim of the Submission was to deal with the situation in the Diocese of Mannar, what was presented applies to the entire Tamil area. It is so important that I have reproduced it in full in the Appendix 1. It is a ‘must read’ document.

The Submission opens with:

“At the outset, we must express our disappointment that previous Commissions of Inquiry have failed to establish the truth into human rights violations and extrajudicial killings they were inquiring, and bring justice and relief to victims and their families.”

Driving the point home, it goes on:

“In order to achieve genuine and lasting reconciliation, we believe it is crucial to address roots of the conflict and war, primarily issues affecting Tamils such as recognition of their political reality, language, land, education and political power sharing.”

This is the only document ever published that gives the actual number of people who are unaccounted for - a staggering 146,679.

“Based on information from the Kacheris[7] of Mullativu and Kilinochchi about the population in Vanni in early October 2008 and the number of people who came to government controlled areas after that, 146,679 people seem to be unaccounted for. According to the Kacheri, the population in Vanni was 429,059 in early part of October 2008 (Refer Annex 4 and 5). According to UN OCHA update as of 10th July 2009, the total number of people who came out of the Vanni to government controlled areas after this, is estimated to be 282,380 (Refer Annex 6)”.

This invaluable document says much more. I have set it out as an Appendix so that those who cannot cope with a long article, which this publication unapologetically is, do not need to read this - although I urge them to do so.

The US Envoys come to Sri Lanka

In February 2012, the US State Department, sent two officials to Sri Lanka to inform the Rajapaksa government that the US intended to submit a Resolution on Sri Lanka at the upcoming 19th Session of the UN Human Rights Council (27 February – 23 March 2012).

19 Tamils, non-politicians, (“Civil Society”), including Bishop Rayappu Joseph, immediately sent a letter to them (10 February 2012). It is a concise and precise letter, written by people with a genuine concern for the Tamil people, and the expectations (and responsibilities) of the UN Human Rights Council (UNHRC).

10 February 2012

Ambassador Maria Otero, Under Secretary of State
Ambassador Robert Blake, Asst Secretary of State,
US State Department.

Your Excellencies,

Tamils of Sri Lanka and the Forthcoming Sessions of the UN Human Rights Council.
In the context of the forthcoming sessions of the UN Human Rights Council in Geneva, we, members of the Tamil civil society in Sri Lanka, write this letter seeking to bring to your notice our expectations of the Geneva sessions.

1. With deep regret we take note of the fact that the report of the Presidential Commission of Inquiry on Lessons Learnt and Reconciliation (LLRC) has become the point of reference in the discussions on Sri Lanka in Geneva. We wish to emphasise that it is important to give pre-eminent status and importance to the UN Secretary General’s Expert Panel Report on Sri Lanka in the discussions and particularly to highlight the unbridgeable gaps between the LLRC report and the UNSG’s Expert Panel’s report.

2. It is no secret that the appointment of the LLRC was an attempt on the part of the Government to buy time from the International Community - to postpone the setting up of an international mechanism to investigate into the grave atrocities committed against the Tamil people. The contents of the LLRC report should be viewed from this perspective – the purpose that it seeks to serve in furthering the short and long term goals of the Government of Sri Lanka.

3. It is not disputed that the LLRC report has failed in reasonably addressing the question of accountability. On the other hand the recommendations relating to scaling down militarization, disarming paramilitaries et al have been deliberately included so that any reasonable reader cannot out rightly reject the LLRC. This means that the international community is in a way forced to welcome these ‘positive features’ of the LLRC report, pressurize for implementation of those recommendations and postpone any move towards setting up an international mechanism to look into the question of accountability. This is exactly what the Government of Sri Lanka wanted with the LLRC.

4. Though many are surprised that a Government appointed commission could come up with such ‘positive recommendations’, we on the contrary are not. We were right from the beginning aware that the appointment of the LLRC would be a time buying exercise and the report that has been released has its objective of further buying time for the GOSL. In fact none of the commissioners reflected the kind of views that are now considered to be ‘positive’ in the LLRC report. The Chairman of the LLRC in his questions to Dr. Jayantha Dhanapala, a former Under Secretary General of the United Nations, who appeared before the LLRC in a public hearing in Colombo, was of the opinion after visiting the North that the Tamil people were not seeking constitutional reforms but only job opportunities1. Hence it is not abnormal to be surprised that this very commission had chosen to go against the thinking of its Chairman and acknowledge that the Tamils have true political grievances, which require a political solution. But this only reiterates the point that we make, that the commission has made these positive recommendations which even some of its commissioners including its Chairman don’t believe in, to achieve the political purpose of its appointers.

Furthermore a careful reading of these so-­called ‘positive recommendations’ will only reveal that they do not accomplish much. For example the substantive recommendations on a political solution parrot the Government’s stated position on a political solution: empower Local Governments and establish a second chamber. (Paragraphs 9.231 and 9.232 of the report).

On the question of paramilitaries the report conveniently ignores the well-­acknowledged fact that the paramilitaries of the EPDP[8] and TMVP[9] are in fact controlled by Sri Lankan Army Intelligence. (Paragraphs 5.77 and 5.78 of the report). It is also no secret that the leadership of these two para military groups enjoy ministerial portfolios and that their cadre received monthly stipends for many years from the country’s defense budgets. It is also glaring that the commission does not call for the repeal of the PTA[10] (Paragraph 9.57 of the report). The recommendations relating to, for example, detainees are welcome. However such recommendations fall short of reflecting the overall complexity of the issues and have been included to cover up the report’s otherwise glaring failures. The report thus quite cleverly accomplishes its founding objective of giving the feel good while not straying too far and conceding too much from the current Government’s positions on many of these vital questions.

5. We have no faith whatsoever that these so called ‘positive recommendations’ of the LLRC report will be implemented. We state this not only from our past experience with presidential commission reports in Sri Lanka but also because we have completely lost faith in the governance framework of this country. We also have no trust in the negotiations taking place between the GOSL and the Tamil National Alliance, which we perceive, again, as a convenient time buying exercise by the Government of Sri Lanka.

We urge that it is imperative that the International Community that meets in Geneva this March for the UN Human Rights Council sessions takes a firm stance on accountability. As expressed by our elected representatives (the Tamil National Alliance) in their initial response to the LLRC on the 19th of December 2011 we urge the ‘international community to acknowledge the consistent failure of domestic accountability mechanisms in Sri Lanka and take steps to establish an international mechanism for accountability’. Any resolution coming out of the Human Rights Council, which gives more time to the Government of Sri Lanka, will have a devastating impact on the Tamil community. The Government’s current activities in the North and East are challenging the very existence of the Tamil people and more time to the GOSL to implement the LLRC’s recommendations will only mean further time for the Government to play havoc in the North and East and subjugate the interests and aspirations of the Tamil people. If the International Community does not act now, like they did not act in May 2009, the Tamils will cease to exist as a ‘people’ in this country.”

[Signed by 19 civil society representatives]

People who write such letters, uncomfortably near the truth, have no place in Rajapaksa’s ‘Democracy’ and must be ‘eliminated’. It was published in the ‘tamilnet’ website, which alone is a ‘hanging offence’ in the eyes of the GoSL.

Of crucial importance is the fact that the USA authorities, through their Ambassadors, were informed of what was needed in any Resolution that was to be introduced at the UNHRC. Anything short of it would ensure that ‘the Tamils will cease to exist as a ‘people’ in Sri Lanka.

To make sure that the UNHRC ‘got the message’, the Christian clergy in the North sent a Submission directly to the UNHRC which spelt out what was needed. Therefore the weak and useless Resolution submitted by the USA, and passed by the UNHRC, could not have been because of a lack of information as to what was needed to save the Tamil people in the North and East.

UNHRC Submission

On 1st March 2012, 31 Christian clergy in North Sri Lanka headed by Bishop Rayappu Joseph, made a Submission to the UN Human Rights Council 19th Session that had started on 27 February.

“Bishop's House, Pattim, Mannar, Sri Lanka

1st March 2012

To: The President and all members of the United Nations Human Rights Council

Dear Excellencies,

UN Human Rights Council sessions and resolution on Sri Lanka

We are writing to you as a group of concerned Christian clergy in North Sri Lanka who have been directly affected by war and have been working to ensure rights of people in our region before, during and after the war, while being concerned and committed to broader issues of human rights, democratization and rule of law in Sri Lanka. We have also been trying to monitor domestic and international developments in this regard and contribute constructively to such processes.

Although we are not privy to the official positions and documents of members of the Council in relation to actions contemplated related to Sri Lanka, we welcome that the UNHRC members appear to be taking some action towards protection of human rights in Sri Lanka, even though this comes a bit too late, after massive loss of life and sufferings. At least now, we urge the Council to act decisively in relation to Sri Lanka, to enable Sri Lankans to move towards genuine reconciliation.

Given the consistent denial of the Sri Lankan government about scale and nature of war time abuses as well as pre-war and post-war concerns, refusal to address these, and given also the seriousness of the allegations levelled against it as one of the parties to such abuses, we believe it is an independent international body that could best address concerns of truth seeking, accountability and reparations for victims in a way that victims, survivors and their families will have confidence. It is only by addressing these that we believe we can move towards genuine reconciliation.

The LLRC has quite rightly identified abuses by the LTTE[11] and also come up with some positive recommendations that has potential for reconciliation. But it has failed to address critical issues of truth seeking and accountability, despite strong evidence and testimony before it. The record of various domestic bodies whose recommendations successive governments have ignored, including the LLRC’s own interim recommendations issued more than a year ago and threats and intimidation of witnesses who gave testimony to the LLRC including a Christian Priest, had made us lose confidence that our concerns will be addressed through LLRC. In fact, the post LLRC track record of abducting human rights defenders in Jaffna, obstructing human rights day event in Jaffna, obstructing peaceful campaigns in the North, killing of a protesting fisherman in Chilaw, vicious hate campaigns against journalists and organizations critical of the government, singing of the national anthem in Sinhalese only and a host of such activities indicates the absolute disregard for the LLRC report by the Government of Sri Lanka.

Thus, we believe it is imperative that the UNHRC calls on the Government to:

1. Implement LLRC recommendations,

2. Present a time bound, detailed and specific action plan in this regard to the 20th session of the UNHRC,

3. Report back on progress made on implementation to the 22nd session of the UNHRC, and

4. Accept the appointment of and fully cooperate with an international independent and effective mechanism to monitor above and address accountability issues not dealt with by the LLRC.

Thank you.
Sincerely yours

1. Most Rev. Rayappu Joseph, Bishop of Mannar, Pattim, Mannar, Sri Lanka.
2. Rev. Fr. Kirubaharan, SFXS, Columbuthurai

(the list goes on to 31)

Conspicuously absent were the names of Cardinal Malcolm Rangith, the Catholic Archbishop of Colombo, and of even greater concern, the names of the Catholic Bishops of Jaffna, Bishop Thomas Savundranyagam, and of Trincomalee-Batticaloa, Bishop Kingsley Swarmpillai.

They clearly feel that there is no problem, and that all is well with their flock. If so, they are either out of touch with reality, or have an agenda that is highly questionable. A more charitable view is that they know the problems perfectly well but do not have the courage to speak up. One way or the other it is simply not acceptable.

UNHRC – Response of Civil Society

On 27 February, 2012, Minister Mahinda Samarasinghe Head of the Sri Lankan delegation, addressed the UNHRC. I heard his downright lies, or, as an epistemologist would put it delicately, “the speaker’s propositions did not correspond to the facts”. I am sure Bishop Joseph and co-workers did so in Sri Lanka. I had an advantage in that I was at home and not in Bishop’s house, and could shout “Liar! Liar!” as the egregious political whoppers were regularly emitted. However, there are anatomical limitations – how many times could you shout “Liar! Liar!” without becoming hoarse?

There are many things about politicians, especially in Sri Lanka, which I do not understand. I wonder how conscious they are of the errors in reasoning they regularly loft in our direction. Errors in reasoning such as, “If what the GoSL has done to the Tamils is so fantastic, why exclude AI, HRW and ICG from visiting the area to see these ‘wonders’?” Given that so many politicians appear to have no qualms about throwing outright lies at us, I believe they do know that they are lying.

When I heard Samarasinghe’s string of lies, I breathed a sigh and went to bed. Those in the Tamil North did not. They responded immediately, “Response by Civil Society” (29 February, 2012). This is so important that it has been reproduced in full in Appendix 2.

Here are the opening paragraphs :-

“This document is a response to the statement made by Minister Samarasinghe at the High Level Segment of the 19th Session of the United Nations Human Rights Council (UNHRC). At the outset it is noted that the responses by the Government including setting up the Lesson’s Learnt and Reconciliation Commission (LLRC) and the pledges made in the speech referenced here are as a result of increased international scrutiny and a counter to the growing call for a resolution to discuss Sri Lanka at the UNHRC. As civil society who work on human rights and rule of law issues in Sri Lanka, the pledges made are yet another indicator of the delaying tactics used by the Government to halt any genuine progress in Sri Lanka.

………., this document highlights areas of contention and counters some of the statements made by him. The table below contains two columns-one with highlights from the statements made by the Minister and the opposing column directly rebutting the specific claim and at times containing questions that should be posed by different actors to the Government of Sri Lanka.

This document is drafted by civil society based on its own reports and documentation, public interest litigation, news reports and other documentation. It is also drafted at a time when civil society and others who are critical of the Government have come under intense threats, resulting in no names being mentioned of those who drafted this document. The shrinking space for any action in Sri Lanka demonstrates the urgent and immediate need for action at the 19th Sessions of the UNHRC.”

The ‘table’ referred to (Appendx2) is a point by point response to the absolute untruths of the Sri Lankan government. It clearly documents the reality of life in the Tamil areas, rather than the fiction propagated by the GoSL.

What is of concern is the decision not to mention their names because they “have come under intense threats” – which is what this publication is all about. I know who they are, and what might happen to them, especially to Bishop Joseph – hence the need to circulate this publication widely, both in Sri Lanka and outside.

The opposition to Bishop Joseph

The opposition to Bishop Joseph comes, as would be expected, from the rabidly anti-Tamil political party of the Buddhist Monks, the JHU (Jathika Hela Urumaya) (National Freedom Front). They include frank threats.

Even more explicit threats, including threats of bodily harm and even murder, come from a Minister in Rajapaksa’s Government, Mervyn Silva, a very violent man. I will deal with these serious threats after I have dealt with the completely unacceptable attitude of Cardinal Malcolm Ranjith, the Roman Catholic Archbishop of Colombo.

Cardinal Malcolm Ranjith

Opposition, or rather a lack of support, for Bishop Rayappu Joseph and his Roman Catholic clergy in the Tamil North and East, came from Cardinal Malcolm Ranjith (a Sinhalese), Archbishop of the Roman Catholic Church in Colombo, and who also serves as the de facto Primate of Sri Lanka.

On 6 March, 2012, the media spokesperson of the Catholic Church, Rev Benedict Joseph, when questioned about the letter sent by 31 Catholic clergy headed by Bishop Rayappu Joseph, said that “the statement made by Bishop of Mannar Rev. Rayappu Joseph regarding the requirement of an international investigation into alleged war crimes in Sri Lanka, is not the stance of the Catholic community”.

He added that “ His Eminence Archbishop Cardinal Malcolm Ranjith had already established that the Catholic community believes that Sri Lanka should understand and implement the recommendations made by the LLRC report

Threats to Bishop Joseph, his clergy, ‘Civil Society’ in the Tamil North and East, and Sinhalese human rights activists in the South

To appreciate the reality of these threats, it is important to appreciate that the glossy tourist brochures not withstanding, Sri Lanka is a very violent country. Those who unleash violence are Members of Parliament who have their own ‘private armies’, politically-active Buddhist monks and their violent supporters, the ruling junta and their limitless bunch of thugs and hoodlums, and what I call ‘free-lance thugs/murderers’. To make a bad situation worse, there are now increasing numbers of military men who have left the Armed Forces – taking their weapons with them.

Before dealing with the threats, it is important to have some appreciation of Sri Lankan politics.

Sri Lankan politics and politicians

I will deal with this and the consequences in a separate document but some appreciation of this is important if only to show why the requests of Bishop Rayappu Joseph and others (including Sinhalese activists) for Peace with Justice, and the saving of democracy will not happen.

The problem from day one of Independent Sri Lanka (4 February 1948) has been the political opportunism of Sinhalese politicians to get the support of the Sinhalese majority (74% of the country) to get into, and remain, in power. This has been by discriminating against the Tamil ‘minority’ in every possible way. It is a problem that will not go away. It is, in fact, increasing at an alarming rate that threatens the very existence of the Tamils.

The strongest proponents of this blatant Sinhalese-Buddhist (70% of the country are Buddhists) ethno-religious chauvinism, are the politically-active Buddhist monks who see Sri Lanka as a Sinhalese-Buddhist nation. It is these bigots who for more than five decades have prevented any power-sharing with the Tamils.

This has been compounded by the installation of an Executive President (1978) with sweeping powers, who is above the law with Parliament reduced to a rubber stamp. He can do what he wants, with no accountability.

It has been further compounded by the election of Mahinda Rajapaksa as President ((November 2005), who is determined to make Sri Lanka into a Sinhalese-Buddhist country, whatever the human cost to the Tamils (and others), and establish absolute rule under him (and his family) for the foreseeable future, whatever the damage done to human rights and democracy.

Those who object to this, be it Bishop Rayappu Joseph, ‘civil society’ (Tamil), Sinhalese activists and others, ‘must be eliminated’ and silenced. To ask such a regime to settle the mounting problems in Sri Lanka without external pressure which, in effect, is what the UN, its bodies, and foreign governments (for their own geopolitical and economic gains) have done over the years – most recently in the March 2009 UN Human Rights Council meeting - is simply not going to work. This is what makes the future for the country in general, and human rights in particular, so bleak.

Victor Ivan, one of Sri Lanka’s most respected journalists, a Sinhalese, has this to say in his book[12]. The first sentence in the Sinhalese version of the book reads:-

“I have never considered Sri Lanka to be particularly civilized country. It has instead appeared to me to be a particularly immoral country, whose leaders embodied iniquity and baseness.”

Four days before the 2010 General Election, a leading Sri Lankan newspaper, set out the options facing Sri Lankan voters. In one of the most accurate descriptions of the vast majority of Sri Lankan politicians, the editorial was blunt[13]:-

“None of the individual contenders, political parties or opportunistic coalitions are worthy of our respect or our vote. Together they comprise the most mind-boggling array of crooks, thugs, conmen, hypocrites, unprincipled racists, rapists, drug dealers, money launderers, and general all-round scum that is without parallel elsewhere in the world. Other nations have their share of such undesirables, no doubt, but among them are a handful of honest, sincere, principled folk who have distanced themselves from the corrupt majority. Not so in miserable Sri Lanka.”

If this is what Sri Lankan politicians have come to (and they have), and, in addition, most of whom are virulently anti-Tamil to get the votes of the Sinhalese majority, then it is clear that for there to be Peace with Justice for the Tamil people, the Tamil areas in the North and the East will have to be freed from the stranglehold of the Sinhalese politicians in the South. The assessment of the quality of politicians cited above comes from Sinhalese, not Tamils.

The threats to Bishop Joseph, his clergy, ‘civil society’, and Sinhalese activists, are part of an ‘elimination strategy’ – of silencing dissent. They have come from ‘unspecified sources’ – which can readily be identified as the Rajapaksa regime and its junta, and politically active Buddhist monks. These threats have been freely aired by the Media in Sri Lanka, directly controlled by the ruling junta, such as the Sunday Divaina website.

This is why the likes of Bishop Rayappu Joseph and others who refuse to support what the ruling junta are doing are at such a high risk.

JHU – the political party of Buddhist monks

An open threat came from the party of the Buddhist monks – Jathika Hela Urumaya (JHU), a Government coalition partner, that accuses Bishop Joseph of aspiring to become the Cardinal of Tamil Eelam (Independent Tamil State), and that he should be arrested and prosecuted.

In a press release, JHU said,[14] “Rev Rayappu Joseph, the Bishop of Mannar, who requests the United Nations Organization that an investigation should be launched regarding the supposed war crimes allegations against Sri Lanka, should be immediately produced before court, as it is a violation of the constitution of this country.

Since Rev. Rayappu Joseph has appeared on behalf of the separatism of the LTTE terrorism for last 30 years, it is no surprise that he is issuing such statements supporting the LTTE, as he has appeared on behalf of a political ideology which did not acknowledge the unity of this country”.

JHU further stated that since the Bishop’s Conference has issued a statement requesting not to put pressure on Sri Lanka, Archbishop Rev Malcolm Ranjith should tell the country, whether the contradictory statement made by the Bishop of Mannar is the standpoint of the Bishop’s Conference.

The violence of politically-active Buddhist monks

Politically-active Buddhist monks can be, and are, very violent. It was one of them who assassinated Prime Minister S.W.R.D. Bandaranaike in 1959. Those who believe that Buddhist monks cannot be violent might like to know that Pol Pot was a Buddhist monk.

I have already alluded to the destruction of Christian Churches, Hindu shrines and Mosques by these very violent men in yellow robes.

I have documented in detail the destruction of Christian Churches and Hindu shrines (kovils) in the dozen dvs I have recorded and released. In these, one could see Buddhist monks destroying Hindu statues and Christian churches in the Sinhalese South. In a recently published article “Bigoted monks and militant mobs: Is this Buddhism in Sri Lanka today?” Raashid Riza, the Multimedia Editor of The Platform, has addressed this serious and escalating problem[15].

On 6th July 2008, the Calvary Church in Talahena, north-east of Colombo, was attacked by five Buddhist monks and their thugs. The Church was completely destroyed. They then beat the Pastor nearly killing him. My dvd ‘Sri Lanka: Genocide, Crimes against Humanity, Violation of International Law’ shows the damage done to the Church and the role of the Buddhist monks.

On 5th November 2009, a large number of Buddhist monks and thugs attacked the “Jesus Never Fails Good News Centre” in Battaramulla near Colombo. This is also in my dvd. The monks can be seen literally pulling down the sign board of the Centre and trampling it, while the Police looked on. Three days later, Ven Athureliye Rathana Thero MP, leader of the JHU in Parliament, demanded that the “Anti-Conversion Bill” be made law.

In a serious development, mosques and even Buddhist temples are now being targeted by these violent Buddhist monks. In September 2011, more than 100 Buddhist monks demolished a mosque in Anuradhapura claiming that it was on land ‘given’ to the Sinhala-Buddhists (by Buddha) more than 2,000 years ago.

They have just (April 2012) surrounded a mosque in Dambulla, not far from Anuradhapura, and demanded that it be removed for the same reason. 48 hours later, the Government ordered that the mosque be removed. The Buddhist monks threatened that if it was not removed, they would destroy it themselves.

In September 2011, over 100 Buddhist monks and supporters attacked a Japanese Buddhist Temple in Kollupitiya (in the heart of Colombo). The Sinhalese monks, followers of the Theravada Sect of Buddhism, launched the attack ‘to protect Sri Lanka’ from the Mahayana Sect of Buddhism practised in Japan. The monks said, “We should only have Theravada Buddhism in Sri Lanka, not Mahayana”. So, Sri Lanka is not a Sinhalese-Buddhist country but a Sinhalese-(Theravada) Buddhist country.

When the Police arrived to rescue the trapped worshippers, Five Buddhist monks sat in front of the closed door and refused to allow the police to enter. As is often the case, there were no arrests, which show the power of these politically-active Buddhist monks in Sri Lanka. The Laws of the country do not apply them nor do they respect the Constitution. They are a law unto themselves.

In February 2007, President Rajapaksa’s Minister for Environment and National Resources, Champika Ranawaka, from the Buddhist monks political party, advocated extrajudicial methods to deal with human rights groups, journalists and others who criticize the State’s militaristic aims.

“Those bastards are traitors. We can’t do anything because of wild donkey freedom in this country”, he told the Ravaya newspaper on 18 February 2007. “If those can’t be handled with existing laws, we know how to do it. If we can’t suppress those bastards with the law, we need to use other ways and means, yes”.

No one in President Rajapaksa’s government has condemned the Minister’s threat to move outside the law.

I do not know whether Bishop Rayappu Joseph in Mannar is within reach of these very violent men in yellow robes, but the Christian Churches (and their pastors and worshippers in the South) are at considerable risk. So will Bishop Joseph be if he comes to Colombo and is tracked down by these violent people.

To appreciate the totality of the picture – the risks to even members of ‘civil society’ (some of whom are academics in Jaffna) - I must refer to the fate of the Vice-Chancellor of the Eastern University in Batticaloa, Professor S. Ravindranath (a Tamil). He was repeatedly threatened by supporters of President Rajapaksa. He resigned, but the resignation was not accepted by the University Grants Commission which moved him to Colombo. There he was abducted on 15 December 2006, and has ‘disappeared’. A cable sent by the US Ambassador in Colombo[16] gives the details. A Minister in Rajapaksa’s Government, a Tamil, from Batticaloa is a convicted criminal. He was serving jail-time in the UK for arriving there on a false diplomatic passport issued in Sri Lanka. He was sent back to Sri Lanka at the request of President Rajapaksa. As soon as he arrived he was appointed as a Minister in the government and given the Eastern Province as his fiefdom. Amnesty International called it “A Travesty of Justice[17]. This Minister should know all about this outrageous abduction and ‘disappearance’ of the Vice-Chancellor.

There is no doubt that Tamils, irrespective of their position, who come to Colombo from the Tamil North and East, are at risk, unless they are strong supporters of the Rajapaksa regime. The risks run by Bishop Rayappu Joseph, his clergy and members of ‘civil society’ are very real risks. I have no doubt that they are aware of these risks. The question is whether the rest of the world knows this – which is why this publication is being circulated widely.

Minister Mervyn Silva

Mervyn Silva, President Rajapaksa’s Minister of Public Relations and Public Affairs, is a very violent person, operating with his ‘private army’ of goons and gangsters.

In what might appear to be an inordinate time dealing with this man who should have been put behind bars and kept there, it is important to do so, since he is a dangerous player. I hesitate to call him a ‘thug’ because the ordinary common or garden thug will protest at being lumped with the Honourable Minister who is in a class of his own.

Minister Silva can unleash violence, not only on those struggling to restore human rights in Sri Lanka, but on anyone. He is making a mockery of the rule of law and is dismantling democracy.

Mervyn Silva has a long history of violence, which includes several episodes of serious assault of individuals and even of television studios. He operates with a band of underworld characters, drug dealers, goons and criminals.

On 27 December 2007, accompanied by his hoodlums, he stormed the State-run television station, Rupavahini, and assaulted the news Director, T.M.G.Chandrasekera, (a Sinhalese), because a speech by Silva the previous day had not been fully reported. The staff of the television station gave Silva the hiding he richly deserved. He was left with a black eye, and was crouching petrified, till the Police arrived to rescue him. Like most men who unleash violence, he is a coward when his goons are not around. The world saw Colonel Muammar Gaddaffi, no stranger to violence, looking petrified in a hole when he was finally caught. .

It is of interest (and relevance to the Sri Lankan situation), that in 1995, Gaddaffi had issued a blood-curdling order for assassination of expatriate dissidents. Three years later the UN Human Rights Committee (as it was then), issued a verdict, complimenting Libya on its treatment of women, and expressing polite ‘concern’ at the murder and torture of oppositionists, and the lack of any independent legal system. Libya was unconcerned at these ‘comments’ – perhaps the most critical the HRC has ever issued. So also Sri Lanka and the 2012 USA-Resolution “promoting resolution and accountability in Sri Lanka” adopted on 22 March 2012 at the Human Rights Council. Sri Lanka is unconcerned.

On 1 June 2009, Poddala Jayantha, Secretary of Sri Lanka Working Journalists, a Sinhalese senior journalist working in the Daily News group of newspapers, was abducted on his way to work in Colombo, severely assaulted, his legs broken, and dumped by the roadside. He needed treatment in an Intensive Care Unit. On 23 March 2012, Minister Mervyn Silva boasted that he was responsible for this.

On 3 August 2010, Silva had a government official tied to a tree for not attending a meeting organised by him (the official could not attend because his child was ill). Minister Silva invited the Media to come and witness this crime (the video is on ‘youtube’).

Minister Silva does what he likes to whomever he likes, functioning well outside the law – beyond even the law of the jungle. How he gets away with it is a separate issue, but he does. President Rajapaksa should explain why this man with a long history of criminality has been given Ministry after Ministry, once even in charge of the Media, despite the fact that he personally destroyed a Media outlet in Colombo. He boasted that as long as President Rajapaksa and the Rajapaksa family are in power, “no one can touch me”.

A leading newspaper in Sri Lanka, the Sunday Leader, set out the criminal record of this man, “Meet the Real Mervyn Silva”.[18] This is worth reading.

On 23 March 2012, in Kiribathgoda, a suburb of Colombo, Minister Silva said the he will “break the bones” of those who supported the US Memorandum on Sri Lanka.

Claiming that the people of Kelaniya (a suburb of Colombo) were behind him, the MP lashed out at Sunanda Deshapriya, Nimalka Fernando, Poddala Jayantha and Paikiasothy Saravanamuttu for being involved in undermining the country during the Geneva sessions. Calling them traitors, the MP warned that he would break their limbs in public, and do it himself. I will set out the outstanding human rights record of these people who are Mervyn Silva’s potential victims, later.

Minister Silva boasted publicly at the meeting, that he was responsible for chasing out Poddala Jayantha, a senior journalist, from the country and warned that he would break the limbs of other journalists and human rights defenders regarded by him as traitors.

Silva is the MP for Gampaha district near Colombo, but hails from the Hambantota district in the deep South, (from where President Mahinda Rajapaksa hails). This ‘common origin’ probably gives him immunity from prosecution for the crimes he has committed and continues to commit.

Minister Mervyn Silva’s speech

Here is some of what he said on 23 March 2012:

I will break the limbs of some journalists, who have gone abroad and made various statements against the country, if they dare to set foot in the country.

“I’m the one who chased one of those journalists ‘PoddalaJayantha’ out of this country[19]. ”

“Even if a Tsunami flows from Sigiriya I’m sure that no Tsunami will flow against me from President Mahinda Rajapaksa. Only Mahinda Rajapaksa can sack me, no other big shot can lay their hands on me. Until that happened I won’t leave Kelaniya. I know the sons of D.A. Rajapaksa[20] from the time they were kids. The King of this country loves me, the King of this country trusts me”

He hopes to establish a dynasty, with his son taking over.

“I’m not afraid to die; two drug dealers from Colombo want to chase me away. But I’m not frightened to die, if something happens to my life, my wife and two children will still be there. From this day onwards my son will be in your hands.”

Minister Silva went on, “I am a good Sinhala Buddhist. I will not allow anybody to auction my Sinhala Buddhist traits”.

Although I am a Christian, my mother was a devout Buddhist, and I am familiar with Buddha’s teaching. Could Minister Silva tell us which Buddhist stanza sets out what this “good Sinhala Buddhist” is doing, and has done (repeatedly)? It is time for the Buddhists in Sri Lanka to take this man to task for defaming a great religion.

In what is clearly a death threat, Minister Silva said that past kings would execute those acting against the country, and that, “The time has come now to do what the kings did then”.

Minister Silva, who functions with a band of armed hooligans, murderers and underworld characters, not only threatens but carries out his threats. As such, his threat cannot be taken lightly.

I do not know whether Bishop Rayappu Joseph, his clergy and members of ‘Civil Society’ in the North are within the reach of Minister Mervyn Silva and his goons. However, I do know that the human rights activists and anyone even mildly critical of what President Rajapaksa and his junta are doing, are at considerable risk. I gather that the risk is so great that lawyer Nimalka Fernando is wisely in India, where she should remain until these very violent men are brought under control and sanity returns to Sri Lanka. Having met her some years ago, I did not get the impression that this very brave person will do anything other than return to Sri Lanka to take on the Rajapaksa regime. She will do so at considerable risk.

The UN High Commissioner, Navanethem Pillay’s ‘warning’ to Sri Lanka that there must be no reprisals against human rights defenders after the adoption of the Resolution at the 19th UNHRC, will have absolutely no effect on Minister Mervyn Silva who operates an even more violent group within an already violent regime of the ruling junta in Sri Lanka.

Threats in Sri Lanka from the ruling junta, be it from Mervyn Silva or from Gotabaya Rajapaksa, the President’s very violent brother and Defence Secretary (in reality the de facto President of Sri Lanka – Mahinda Rajapaksa being only the de jure President), or the violent Buddhist monks, cannot be ignored.

They are not empty threats in Sri Lanka, as Lasantha Wickrematunga, the Sinhalese owner/editor of the Sunday Leader (the only newspaper in Sri Lanka to be critical of the Government) found out on 8th January 2009. He was assassinated in broad daylight by four masked men when he was on his way to work in a suburb of Colombo. Many others critical of the Government or even those who dare to question what the Government is doing, have gone the same way, or have been bundled into a “white van”, never to be seen again.

There have been 56 ‘disappearances’ in the past 6 months[21]. In February and March 2012, there were 29 ‘disappearances’, 16 from the Colombo district, 9 from the Northern Province. Five of them were ex-LTTE (Tamil Tigers), detained, released, and then abducted. 19 people ‘disappeared’ while the UNHRC Session was in progress (27 February - 23 March, 2012).

In its presentation on 13 March 2012 to the Session, AI stated that “Gross and systematic violations continue to take place in Sri Lanka. Sri Lankan organisations have documented 32 cases of involuntary and enforced disappearances and related extra-judicial executions since October 2011[22] i.e. in just five months.

All these figures, alarming though they are, are almost certainly underestimates because many families are too afraid to report ‘disappearances’ to the Police or the Armed Forces who run the North and the East. When they have, they have ‘disappeared’ too.

The same applies to rape, as I will set out in a paper I am about to publish – “An epidemic of Rape of Tamil women and girls in the North and East of Sri Lanka by the Sri Lankan Armed Forces”.

Concern and support for Bishop Rayappu Joseph

Forum Asia at the UNHRC Oral and written statements

Forum Asia for Human Rights and Development (FORUM-ASIA) is a regional human rights group with 49 member organisations in 17 countries across Asia. It made an oral and written statement to the 19th Session of the UNHRC on 13 March 2012. The written statement is in Appendix 3.

Here I will refer only to the oral presentation, in particular, the reference to ‘Civil Society’.

The first part confirmed what Bishop Joseph and ‘Civil Society’ had detailed in their Submission, and then went on to deal with the concerns for their safety. Here is part of what they said. It referred:

“…..to the emerging trends of land grabbing and development-induced displacement in post-war Sri Lanka. Contrary to Minister Mahinda Samarasinghe’s portrayal during the High-level Segment - about the progress in the “removal of military from facilitation of civil administration in the north making land previously used for security purposes available for resettlement/return”, the forcible acquisition of these lands by the Ministry of Defense and Rural Development for the purposes of military camps, Special Economic Zones, tourist resorts or infrastructure development has increased the militarization of the former conflict areas in addition to displacing thousands of vulnerable communities, particularly farmers and fisherfolk, as further elaborated in.”

It then went on to deal with intimidation by the GoSL:

“Madam President[23], the systematic intimidation by the government and state media against those Sri Lankan civil society organizations engaging with the UN human rights mechanisms does not amount to genuine and constructive cooperation of the government with this Council… ..

The Submission continued:

“Madam President, in response to the reservations put forward by some States on the added value of the Council’s action at the current session concerning the accountability and reconciliation issues in Sri Lanka, FORUM-ASIA highlights the followings: 1) The Council has a responsibility to complement and fill the gaps in the domestic accountability process as it endorsed the joint communiqué between the UN Secretary-General and the President of Sri Lanka three years ago in 2009;……

The support of the international community as well as the Office of the High Commissioner for Human Rights (OHCHR) and Special Procedures through the action by this Council will enhance the space for those embattled Sri Lankan human rights defenders and victims to raise their legitimate concerns on justice.

The Isolation of Bishop Rayappu Joseph

Opposition to Bishop Joseph by the Rajapaksa junta and the Sinhalese-Buddhist extremists in the Sinhalese South is understandable. That is what ‘patriotism’ has come to mean in Sri Lanka – standing close to the Sri Lankan flag, however blood-drenched it is.

What is deeply disturbing is the isolation of Bishop Joseph by Roman Catholic Bishops (and clergy) in the Tamil North and even by Anglican Bishops and clergy in this area.

The result is that Bishop Joseph is seen as a heretic and by the Sri Lankan government as a ‘terrorist’.

The clergy in the Tamil North and East are there to look after their flock (and other civilians). Their failure to support Bishop Joseph in his entirely justifiable concerns about the plight of people in this area implies that they feel that the civilians have no problems. This is simply not acceptable.

The Tamil National Alliance (TNA), the elected and nominated MPs who are there to look after the interests of these people, published a detailed report, ‘Situation Report: North and East Sri Lanka,’ on 21 October 2011, and tabled it in the Sri Lankan Parliament. It is on the net.[24] It is a chilling report of the ground situation in the Tamil North and East.

This was followed by a detailed 41 page Report by the Brussels-based International Crisis Group, Sri Lanka: Women’s Insecurity in the North and East[25]. It is impossible to believe that the clergy (and others) in the North and East, and for that matter in the rest of Sri Lanka, are unaware of what the Tamil and Muslim civilians in this area are going through.

I am aware that most of the members of “Civil Society” come from Jaffna. To claim that the Bishop of Jaffna was not aware of them and was unable to contact them to listen to their concerns is taking credibility to absurdity.

If those in authority in the North and East, including and especially the Bishops, do not agree with the serious concerns that have been expressed by people on the ground in Sri Lanka and credible international organisations, then they must submit a dissenting report, if they are to retain an iota of credibility.

They must then get the GoSL to allow internationally credible organisations such as AI, HRW and ICG to visit this area and check out the humanitarian/human rights situation. If, as the GoSL claims, and, by their silence, the clergy and others support, there are happy smiling Tamil faces in the North and East, what rationale can there be to refuse to allow internationally credible human rights organisations to visit this area and see for themselves the ‘wondrous things’ the GoSL has done for the Tamil people? This is a straightforward, but crucially important, question that was unfortunately not raised, even by AI, at the recent 19th UNHRC meeting.

The failure of the Bishops in the Tamil area to strongly support Bishop Rayappu Joseph is of serious concern. If I am treading on people’s toes, it is entirely intentional. Lord Reith, the founder of the BBC rightly said, “There are some whom it is our duty to offend”. This is precisely what I am doing. My only hope is that the civilian population in this area will work this out sooner or later, and get behind the outstanding and outspoken Bishop Rayappu Joseph, his fellow clergy and ‘Civil Society’.

Sinhalese clergy and civilians

In striking contrast to the Tamil Bishops in the North and East, and the Archbishop of Colombo, Cardinal Malcolm Ranjith, who are unable to support an outstanding Tamil Bishop in the North West, support for him has commendably come from my community, the Sinhalese, in the South.

Headed by the fine upstanding Sinhalese Bishop, Kumara Illangasinghe, (Anglican) Bishop Emeritus of Kurunegala, Christian clergy, nuns and laity from the South wrote to UNHRC in support of the letter by Northern clergy:

“12th March 2012

To: The President and all members of the United Nations Human Rights Council

We the undersigned, endorse the concerns and calls made in the letter of 1st March 2012 to the President and Members of the UN Human Rights Council by 31 Catholic clergy from Northern Sri Lanka, including the Bishop of Mannar.

We also express our grave concerns about intimidation and discrediting of the signatories of the initial letter and in particular the Bishop of Mannar, by media such as the Sunday Divaina, websites and even government’s coalition partners such as the Jathika Hela Urumaya and National Freedom Front by accusing the Bishop of aspiring to become Cardinal of Tamil Eelam and that he should be arrested and prosecuted.”

Bishop Kumara Illangasinghe (and others).

63 people signed it – 25 priests, 7 nuns, and 31 civilians.

As a Sinhalese, I am proud of members of my ethnic group who have come forward, not just to support Bishop Joseph, but to rescue the name of the Sinhalese. The former President of Sri Lanka, Chandrika Bandaranaike Kumaratunga, in a recent public speech in Colombo said that after watching the shocking (UK) Channel 4 video, Sri Lanka’s Killing Fields, her son had called her from London, sobbing, “I am ashamed to be called a Sinhalese”. She can be seen in the just-released second Channel 4 documentary “Sri Lanka’s Killing Fields: War Crimes Unpunished”.

A predecessor of Bishop Illangasinghe in the Anglican Church in Kurunagala, was the irreplaceable (Sinhalese) Bishop Lakshman Wickremasinghe, whose name is synonymous with integrity, decency and humanity. He was the only one I know of, who has publicly apologised to the Tamils (after the 1983 massacre of Tamils in Colombo), for what had been done to them. His third (and final) Pastoral Letter is well worth reading. He is what all clergy should aspire to be. I know exactly where he would have stood in the current dreadful situation facing the Tamils in the North and East.

Asian Center for the Progress of Peoples (ACPP) Hong Kong

ACPP is a regional non-government organization inspired by Pope Paul VI’s Populorum Progressio and serving justice and peace efforts in Asia through advocacy, education and training, and networking for solidarity.

“Urgent - request for solidarity with Northern Priests and Bishop of Mannar for taking a stand on Geneva UN HRC sessions

Dear Friends,

Greetings from ACPP, Hongkong.

As some of you may already be aware, the Bishop of Mannar in Northern Sri Lanka, together with 30 priests, has written to the UN Human Rights Council urging them to call on the Government of Sri Lanka to implement the positive recommendations of the LLRC (Lessons Learnt and Reconciliation Committee, the body of inquiry it set up to look back at the Sri Lankan Civil War and provide recommendations for moving forward to an era of healing and peace building), among other things.

The Bishops and the priests have since been attacked through intimidation and discredit by media and government-friendly groups.

Concerned civil society groups in Sri Lanka and abroad are rallying around Bishop Rayappu Joseph and the priests for their principled and courageous position in the light of UN’s belated interest in the human rights situation in Sri Lanka. As the UN is discussing a US-led resolution on Sri Lanka this week, letters of support for the bishop’s letter have been solicited and directed sent to the UN HRC.

However, the on-goings at the Human Rights Council in Geneva is anyone’s guess, and already there are those who are questioning the US resolution, which even if passed, are predicted to be much watered down. This means it would not have any meaningful effect on the human rights situation and national reconciliation efforts in Sri Lanka.

Given this scenario, the pressure is thrown back to those opposing the government of President Mahinda Rajapaksa, and civil society actors like Bp. Joseph and his priests. It is imperative thus, that they be affirmed and supported in their action, now more than ever.”

The ACPP appealed to people “to send your notes and messages of solidarity to Bishop Rayappu Joseph and the 30 priests to affirm their courageous act of writing to the UN, to encourage them to be steadfast in their public stand and prophetic witness, and to give them support in the continuing and expected increased backlash on their action.

You may address your messages of solidarity to:
E-mail: bpjoseph@sltnet.lk
Fax No. 0094-23-2232709

Thank you very much and hope that you will send your letters as soon as possible to support these men of God who have taken upon themselves to be the voice of the voiceless in Sri Lanka.

May God bless all our efforts for Justice and Peace,

Terence Osorio

Coordinator

Asian Center for the Progress of Peoples

Protests (or their lack) by the Churches in Sri Lanka at the threats against Bishop Joseph

What about the Christian Church in Sri Lanka? The Church in the Sinhalese South is more Sinhalese than Christian. The Archbishop of Colombo, Cardinal Malcolm Ranjith, behaves as if he is an honorary member of the Rajapaksa government. His predecessor, Archbishop Ostwald Gomis, was the same.

Gomis (a Sinhalese) was holding the bloodstained hands of President Rajapaksa, singing Christmas carols while his flock, yes, the Tamils in the North and East are also his flock, were being decimated and their homes reduced to rubble by the Armed Forces of the man who he was singing carols with, who is not only the Executive President with sweeping powers, but also the Minister of Defence and the Commander-in-Chief of the Armed Forces.

Cardinal Malcolm Ranjith (a Sinhalese) said that the Report by the UN Secretary General’s Panel of Experts to look into accountability issues in the closing stages of the war, was part of “an international conspiracy” against the country. This is, of course, what the GoSL claims. The Cardinal might consider quitting his position and accepting a Cabinet post in Rajapaksa’s government. He can then fly the flag for the GoSL, rather than do so from the position he holds. He cannot do both.

As for the Bishops in the Tamil North and East (other than Bishop Joseph), I have already dealt with them. Bishop Thomas Savundranayagam, Bishop of Jaffna, has not expressed any concern that I am aware of, at the threats against a fellow Bishop in the North, or of the suffering Tamil people. Presumably he thinks that all is well. If so, he is on a different planet (already).

Bishop Kingsley Swarmpillai, Bishop of Trincomalee-Batticaloa, is only marginally better. I have not heard any concerns from him either.

In such a setting, Bishop Rayappu Joseph was a gift from God.

Other human rights activists threatened

It is not only Bishop Rayappu Joseph, his Tamil clergy and ‘Civil Society’ who have been threatened. As I have mentioned, Sinhalese activists of standing have also been threatened.

Sunila Abeysekera, recipient of the UN Human Rights Award in 1999 and described by Human Rights Watch as one of the best known activists in Sri Lanka, Nimalka Fernando, a lawyer, women’s rights activist, a member of the Democratic People’s Movement in Sri Lanka and the President of the International Movement Against All forms of Discrimination against Women (IMADR), Sunanda Deshapriya the former Head of the Free Media Movement before going into exile in 2009, and Dr Paikiasoothy Saravanamuttu, Executive Director of the Centre for Policy Alternatives, a much respected organization in Colombo, have been threatened.

Three of them decided to issue a Joint Statement on 23rd March 2012 in Colombo:

As the three Sri Lankan human rights defenders who have come most under attack by the state media in Sri Lanka in the past week, because of our active involvement with the on-going session of the UN Human rights Council in Geneva, we feel compelled to issue this statement of clarification.

We do not deny that we are critical of the conduct of the government of Sri Lanka, and the institutions and agencies under its control, whenever disregard for the human rights obligations imposed on the government by virtue of its being signatory to almost all international human rights conventions comes to our attention. As the President of Sri Lanka, and his Special Envoy on Human Rights well know, the three of us have offered our services to this government to ensure human rights accountability in the past. For example, all of us served on the National Advisory Council appointed by Minister Mahinda Samarasinghe, when he held the portfolio for Human Rights.

Nor do we deny that we work with a range of human rights organizations, nationally, regionally and internationally, to draw attention to human rights violations in Sri Lanka as well as to the culture of impunity and the lack of accountability for violations of the past and of the present. This is our right, as human rights defenders, and we have exercised that right for many years, under various governments, in spite of a barrage of attacks and intimidation from various quarters, including state and non-state entities.

It is indeed regrettable that at a time in the history of our country when we have the opportunity to transform our society, to move from a post-war to a post-conflict phase, and to enjoy the support of the international community to rebuild a just, humane and prosperous Sri Lanka in which all its citizens can live together with peace and dignity, the government and its media have seen it necessary to launch into an unprecedented and utterly personalized attack against the three of us.

There is no attempt to challenge us substantively on any point. None of the comments attributed to us, were actually ever made by any one of us; there are many who were present at the side events where we have spoken who can testify to that.

This attack is totally counter-productive in terms of the government’s campaign to resist the Resolution on Sri Lanka, which has been tabled at the Council. In fact, in Geneva today, there is more focus on the attacks and acts of intimidation of Sri Lankan human rights defenders than there is on the negotiations around the Resolution.

Those who accuse us of bringing the country into disrepute would do well to examine both their own motives and the consequences of their actions. Instead of carrying on with advocacy for defeating the Resolution, Sri Lanka’s ambassador to the Council, Ms. Tamara Kunanayagam has had to spend hours of her valuable time talking to delegations, to the President of the Council and to officials of the Office of the High Commissioner on Human Rights about the campaign of intimidation and attack against Sri Lankan human rights defenders at the Council and in Sri Lanka.

As human rights defenders working to defeat impunity in Sri Lanka and to build a strong system of justice and accountability for human rights violations, whether committed in the past or in the present, we remain committed to our ideals and to our goals. For us, whether there is a Resolution on Sri Lanka at the UN Human rights Council or not, our work to defend human rights in Sri Lanka must, and will, go on.

Sunila Abeysekera Nimalka Fernando Dr Paikiasothy Saravanamuttu

On 5 February 2012, Sunanda Deshapriya, Media and Communications, Peace and Conflict, Politics and Governance, Colombo, wrote an Open Letter to Minister Keheliya Rambukwella, Minister of Mass Media and Information,

Mr Minister, my name is Sunanda Deshapriya. I am not a Terrorist.[26]

All of them, except Saravanamuttu, are Sinhalese, although in the eyes of the Sri Lankan government and the likes of Minister Mervyn Silva, they are ‘Terrorists’ or even “Tamil Tiger Terrorists”. Ethnicity no longer matters, it is where one stands that does. Hence the ‘need’ for Deshapriya to state his position. This label is also attached to Bishop Rayappu Joseph, his fellow priests and members of ‘Civil Society’.

The High Commissioner for Human Rights warns Sri Lanka

On 23 March 2012, at the close of the 19th Session of the UN Human Rights Council, the High Commissioner for Human Rights, Navanethem Pillay, warned that there must be no reprisals against Sri Lankan human rights defenders in the aftermath of yesterday's adoption by the Human Rights Council of a resolution on Sri Lanka.

The Spokesperson for the High Commissioner, Rupert Colville, quoting Mrs Pillay said that during this Human Rights Council session, there has been an unprecedented and totally unacceptable level of threats, harassment and intimidation directed at Sri Lankan activists who had travelled to Geneva to engage in the debate, including by members of the 71-member official Sri Lankan government delegation. Intimidation and harassment of Sri Lankan civil society activists have also been reported in other locations around Geneva.

On the other hand, the Sri Lankan ambassador in Geneva received an anonymous threatening letter which is being followed up by the police and UN security.

At the same time in Sri Lanka itself, newspapers, news websites and TV and radio stations have since January been running a continuous campaign of vilification, including naming and in many cases picturing activists, describing them as an “NGO gang” and repeatedly accusing them of treason, mercenary activities and association with terrorism. Some of these reports have contained barely veiled incitement and threats of retaliation. At least two comments posted by readers of articles of this type have called for burning down of the houses of the civil society activists named in the articles, and at least one such comment called openly for them to be killed.

The High Commissioner noted that some of the attacks on human rights defenders were carried in Sri Lankan state media and Government websites or were filed by journalists who had been officially accredited to the Human Rights Council session by the Sri Lankan permanent mission. She called on the Government to ensure the protection of human rights defenders, to publicly disassociate itself from such statements, and to clearly uphold the right of Sri Lankan citizens to freely engage in international debate of this kind.

The High Commissioner has also noted that Sri Lanka's own Lessons Learned and Reconciliation Commission, in its report published in December (2011), made extensive and positive references to the role civil society can play in reconciliation and rehabilitation efforts, and stressed this would require greater tolerance towards differing views within Sri Lankan civil society and the protection of Sri Lankan human rights defenders.

My comment on all of this is that once totalitarian regimes start on this slippery slope of intimidation, murder and ‘disappearances’, the target expands. Today it is Bishop Joseph and his 30 Tamil priests who are in the line of fire, tomorrow it will be human rights activists, two of whom are renowned Sinhalese activists who have already been threatened. Others will follow, as surely as day follows night.

How serious are these threats?

Given the track record of the GoSL, its undisciplined Armed Forces and the breakdown of law and order with hooligans and thugs doing as they please, often with the blessings of the Government and the regime in power which has a very violent man, Mervyn Silva, as a Minister in the Rajapaksa government, it would be of the utmost stupidity to treat these threats lightly.

This is precisely what happened to Fr Jim Brown (mentioned in one of Bishop Joseph’s documents).

Rev. Fr. Thiruchelvan Nihal Jim Brown, a young Roman Catholic priest, had been sent as the parish priest to the Philip Neri Church, Allaipiddy village, on Kayts Island, off the Jaffna Peninsula. He had replaced a priest who said he was too afraid to return because of threats from the Sri Lankan Navy.

Hundreds of Tamil Christians and Moslems had taken refuge in the Church during the fighting between the Sri Lankan Navy and the Tamil Tigers. On 13 August 2006, the Church was shelled, killing dozens of people and injuring many more.

Fr Brown was known to have helped many civilians to move from Allaipiddy to the town of Kayts. He, like his predecessor, continued to receive threats from the Navy. He received a number of death threats from the Commanding Officer of the Allaipiddy Naval camp. How real were these threats?

We found out on 20 August 2006. Fr Brown and another man, Wenceslaus Vimalthas, left Allaipiddy to visit the nearby village of Mandaithivu. The Sri Lankan Navy refused to allow them to enter the village. On the way back to Allaipiddy they were stopped at a Navy check-point. They have not been seen again.

Amnesty International launched two appeals (on 29 August 2006, and again on 12 September 2006) “Fear for Safety: Possible Disappearance”. So did Human Rights Watch. His body has recently been found in a bag weighted down with stones, at the bottom of the sea near the Sri Lankan Naval position. Rear-Admiral Upali Ranaweera, the Commander of the Sri Lankan Navy in the Northern region should know all about this. (I do not know where he is today. Perhaps in a Sri Lankan diplomatic position outside Sri Lanka, where many with a case to answer have now been posted).

On 17 April 2007, the Roman Catholic clergy sent a letter to Pope Benedict XVI[27] on the situation in Sri Lanka – “Members of the clergy have been among those targeted. We are particularly troubled by the case of Reverend Fr Thiruchelvan Nihal Jim Brown who ‘disappeared’ after he stopped at a Naval check-point on Kayts Island near Jaffna on August 20, 2006. He had been receiving death treats from senior Navy”.

So, the Pope has been informed. Just to show that appeals to the Pope, or anyone else for that matter, meant nothing, Fr M.X.Karunaratnam, Head of North East Secretariat of Human Rights (NESoHR), was slaughtered. Fr Karunaratnam regularly travelled on the road in the North administering Holy Communion to groups of villagers on the road. He had been regularly threatened by the Army, but did what was expected of him as a priest.

On 20 April 2008, the Sri Lankan Army’s “Deep Penetration Unit” unleashed a claymore mine, killing him instantaneously. The GoSL could not care less, nor could the Roman Catholic hierarchy in Colombo who had direct access to the President.

What this (and numerous other threats that would take too long to detail) show, is that threats by the Sri Lankan government and its Armed Forces are real threats that are carried out. That is why they cannot be ignored.

What was passed at the 19th Session of the UNHRC

“United States of America: the verbally revised resolution adopted on 22 March 2012 at the 19th session of the UNHRC

Promoting reconciliation and accountability in Sri Lanka

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant instruments,

Recalling Council resolutions 5/1 and 5/2 on institution building of the Human Rights Council,

Reaffirming that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law, as applicable,

Taking note of the report of the Lessons Learnt and Reconciliation Commission of Sri Lanka and its findings and recommendations, and acknowledging its possible contribution to the process of national reconciliation in Sri Lanka,

Welcoming the constructive recommendations contained in the Commission’s report, including the need to credibly investigate widespread allegations of extra-judicial killings and enforced disappearances, demilitarize the north of Sri Lanka, implement impartial land dispute resolution mechanisms, re-evaluate detention policies, strengthen formerly independent civil institutions, reach a political settlement on the devolution of power to the provinces, promote and protect the right of freedom of expression for all and enact rule of law reforms,

Noting with concern that the report does not adequately address serious allegations of violations of international law,

1. Calls upon the Government of Sri Lanka to implement the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission and to take all necessary additional steps to fulfil its relevant legal obligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation for all Sri Lankans;

2. Requests the Government of Sri Lanka to present, as expeditiously as possible, a comprehensive action plan detailing the steps that the Government has taken and will take to implement the recommendations made in the Commission’s report, and also to address alleged violations of international law;

3. Encourages the Office of the United Nations High Commissioner for Human Rights and relevant special procedures mandate holders to provide, in consultation with, and with the concurrence of, and the Government of Sri Lanka to accept,, advice and technical assistance on implementing the above-mentioned steps;, and requests the Office of the High Commissioner to present a report on the provision of such assistance to the Human Rights Council at its twenty-second session”.

That was it. The introductory clap-trap excluded, it merely calls on the GoSL to implement the LLRC and to present an action plan, and encourages the UNHRC to ‘advise’ the GoSL and report back to the UNHRC at its 22nd Session – March 2013!

It is worth repeating what the 19 Tamils in Civil Society, including Bishop Rayappu Joseph, pointed out to the US Envoys who visited Sri Lanka in February 2012. Their concluding paragraph is so important that it is worth repeating:

“…..we urge the ‘international community to acknowledge the consistent failure of domestic accountability mechanisms in Sri Lanka and take steps to establish an international mechanism for accountability’. Any resolution coming out of the Human Rights Council, which gives more time to the Government of Sri Lanka, will have a devastating impact on the Tamil community. The Government’s current activities in the North and East are challenging the very existence of the Tamil people and more time to the GOSL to implement the LLRC’s recommendations will only mean further time for the Government to play havoc in the North and East and subjugate the interests and aspirations of the Tamil people. If the International Community does not act now, like they did not act in May 2009, the Tamils will cease to exist as a ‘people’ in this country.”

To establish “an international mechanism for accountability” was not done. What was done was to give more time to the Government of Sri Lanka, which, as Civil Society rightly pointed out, “will have a devastating impact on the Tamil community”. It will “only mean further time for the Government to play havoc in the North and East and subjugate the interests and aspirations of the Tamil people”.

The concluding sentence is crucial, and is what will undoubtedly happen. “If the International Community does not act now…… the Tamils will cease to exist as a ‘people’ in this country.”

What the US-Resolution did was to enable the Sri Lankan government to make sure that the Tamils will cease to exist as a ‘peoples’ in Sri Lanka. I completely agree with what ‘Civil Society’ has written to the UNHRC.

In the event of the GoSL refusing to accept the Resolution (which has just been done – see below), there were no penalties.

What was urgently needed is a Resolution demanding the immediate admission of internationally credible Human Rights organisations (AI, HRW, ICG), and international humanitarian organisations into the North and East to check on what was happening to the Tamil people, their land and their survival. That was most certainly not done.

As such, the UNHRC Resolution made a bad situation (for the Tamil people in the North and East) even worse. I will deal with what can be done about this in a separate publication. Although expatriate Tamils all over the world are ‘celebrating’ the US-sponsored Resolution passed at the UNHRC meeting, as a ‘win’ for the Tamils, careful appraisal of its contents shows that it is a sell-out of the Tamil people in the North and East of Sri Lanka. It has given the GoSL permission to do what it wants to the Tamil people for another year (till March 2013).

This is not the first time that the UNHRC has failed to take meaningful action against the GoSL. The last time it was worse. It actually praised the Sri Lankan government for what it did to the Tamil civilians.

On 25th May 2009, a week after the end of the slaughter of Tamils, the UNHRC had an Emergency Session. Sri Lanka put up a self-congratulatory motion “Assistance to Sri Lanka in the Promotion and Protection of Human Rights”. The proposed text was co-signed by 12 countries, China, Saudi Arabia, India, Pakistan, Malaysia, Indonesia, Philippines, Cuba, Egypt, Nicaragua, and Bolivia.

It was sponsored by, of all countries, Switzerland, and co-sponsored by 25 other countries. It was one of the most unprincipled and shameless Resolutions ever passed by the UNHRC. Paragraph 12 was unbelievable:

“12. The Council stresses the importance of combating impunity and calls on the government of Sri Lanka to investigate all allegations and bring to justice, in accordance with international humanitarian law, including hostage taking, torture, enforced disappearances and extrajudicial, summary or arbitrary executions, and to increase its efforts to further prevent such violations”.

What it did was to call on Sri Lanka to investigate and prosecute itself for war crimes and crimes against humanity!

Geoffrey Robertson QC, a world authority on Human Rights, dealt with some of this in an interview with the BBC in London on 2 July 2009. I have recorded this in my dvd, Sri Lanka: Genocide, Crimes against Humanity, Violation of International Law. Here is part of what he said:-

BBC: What is the answer? The Human Rights Council is the body that’s meant to be…..

Robertson: (interrupting) The Human Rights Council is a highly politicised body. It is made up, not of experts on human rights, but of paltering diplomats. Europe is allocated only seven of the forty seven seats. We have countries like Russia and China obviously concerned to keep their own internal problems down and away from oversight. We have Egypt, we even have Cuba. So the decision is not really surprising (to praise Sri Lanka for committing mass murder).

It is not surprising that this “highly politicised” body made up of “paltering diplomats” passed a meaningless Resolution at the 19th UNHRC Sessions in March 2012 that gave the Sri Lankan government another year to do what it wants to the Tamils, and report back in March 2013. Those who expect justice for the Tamil people from the UNHRC are not in the real world.

That is yet another example of realpolitik, which still rules when human rights come up against superpower interests – be they financial, commercial, economic or geopolitical.

Also on display at the March 2012 UNHRC Session in Geneva was the hooligan behaviour often seen in Sri Lanka. It is what goes on in the Sri Lankan Parliament so often, and is now one of Sri Lanka’s main exports, which the writer of this article has been subjected to many times, even in a recent address in a Christian Church in Brisbane to a mainly Australian (non-Sri Lankan) congregation. The meeting was ‘invaded’ by Sinhalese hooligans who violated the rights of the rest of the people who had come to be apprised of the humanitarian situation in Sri Lanka.

The basic problem with the UN

The basic problem, of which the UNHRC Resolution was a typical example, lies with the United Nations. This must be gone into in some detail, to disillusion the ‘hopefuls’ that the UN or its bodies will settle the serious humanitarian problems in the Tamil areas in Sri Lanka, or for that matter, anywhere else.

The Universal Declaration of Human Rights was adopted by the UN General Assembly on 10 December 1948 “Human Rights Day”. This Declaration and the Genocide Convention have been the high-water marks for human rights. These, and more than a hundred international treaties, conventions, and declarations that followed, defined and extended human rights on paper – endless reams of paper – but never to seriously discomfit any barbaric regime.

The General Assembly of the United Nations adopted the Vienna Declaration in 1963 by which the United Nations High Commissioner for Human Rights was established. In 2006, the UN Human Rights Commission was name-changed to UN Human Rights Council.

However impressive all of these are, the fact is that from the human rights view-point, the United Nations system is not structurally or psychologically geared to deliver on these promises.

The two wide-covering Covenants adopted in 1966 were the ‘The International Covenant on Civil and Political Rights’ (the Civil Covenant) and the International Covenant on Economic, Social and Cultural Rights, and a number of treaties and conventions[28] which are very relevant to the situation in Sri Lanka but which we do not need to go into here.

The major problem with the Civil Covenant is its Article 40 which permits it only to make ‘such general comments as it may consider appropriate’. In practice this means making uncritical and unspecific comments couched in weasel words (so-called because of the weasel’s ability to suck the contents of an egg without breaking the shell). These weasel words describe some of the most appalling violations of human rights with ‘regret’ or ‘disappointment’ or an ‘expression of deep concern’.

There has been a worrying trend within the UN bureaucracy to ‘coach’ diplomats of States that have a dreadful record of human rights violations (or even States critical of such regimes) to ‘dress them up’, and to use UN-appropriate language at UN Human Rights Council meetings.

Adding to this abysmal failure of the UN to develop an effective system for the protection of human rights, is the problem of super-power politics - realpolitik.

To compound the problem there is the veto that can be applied in the Security Council by a handful of the most powerful countries in the world that can (and do) block any meaningful action by the UN. In Sri Lanka’s case it is China and Russia with their own agenda that has nothing to do with the protection of human rights. They can, and will, block any meaningful action against Sri Lanka, however barbaric its human rights record.

The result is that crimes against humanity go unpunished, as part of the latitude allowed by sovereign States to trample on human rights in any way they choose, or at least in a way condoned by their super-power protectors.

What I am trying to point out is that whatever the Resolution passed ‘against’ Sri Lanka, the UN will not take any meaningful action to address the serious violations of human rights in Sri Lanka, or will do so when it is all over and the situation irreversible (eg once the Tamil area has been swamped by Sinhalese relocated from the South).

This is why the Resolution that has been passed at the 19th UN Human Rights Council meeting is so damaging to the future of the Tamil people in the North and East, which allows Sri Lanka to do what it wants to the Tamil people for a year (till March 2013), by which time “the Tamils will cease to exist as a ‘people in this country (Sri Lanka)”, as the 19 members of Civil Society headed by Bishop Rayappu Joseph put it.

A specific example of the failure of the UN and its Secretary General, Ban ki-Moon, was that when the latter was urged to go to Sri Lanka when the massive slaughter of Tamil civilians was about to occur (in early 2009), he said he was ‘too busy’, and would go to Sri Lanka only of he ‘could do something about it’. In other words, do nothing till the genocidal Sri Lankan regime did what it wanted to do. We have a right to question Ban ki-Moon’s agenda and he has a duty to clarify this.

Ban ki-Moon did finally show up after the slaughter was over. He visited, literally showed his face (for 15 minutes!) in Government - run concentration camps in the North and East where some 350,000 Tamil civilians were illegally held in violation of the UN Refugee Convention, and even Sri Lanka’s own Constitution. He smiled, was garlanded, said it was ‘dreadful’, and left. It is all in the (UK) Channel 4 video, “Sri Lanka’s Killing Fields”, recorded by someone who was there.

He has shelved the damning Report of his own Panel of Experts to look into accountability issues in the closing stages of the war, and has done nothing – for the past 3 years. He says he has no power to act. The question is why then did he appoint the Panel in the first place?

The hypocrisy of the UN is best seen in its recent action on Syria. The Security Council passed a Resolution to send 30 ‘observers’ to Syria, and a few days later another Resolution to increase this to 300. This because the UN estimates that 9,000 people were killed in 13 months since the Syrian government’s crackdown on the uprising against a dictator.

This is in striking contrast to the failure of the UN to act when the murderous government of Sri Lankan President Mahinda Rajapaksa had slaughtered some 40,000 Tamil civilians in 5 months!

Barack Obama signed an executive order penalising countries and individuals that provides technology that helps Syria to oppress its people. With hypocrisy that beggars belief, no such action was taken against President Rajapaksa’s regime that is most certainly oppressing its people.

The European Union got into the act and banned the export of items that the Syrian regime could use for internal repression as well as for commercial purposes. No such action was taken against the Sri Lankan regime.

Why? Because Syria has oil (albeit a diminishing supply) and gas, while the Tamil areas have neither. Presumably no action is warranted to prevent the oppression or repression of the Tamil people by a ruthless regime. That is realpolitik.

A new event

This paper was ready for publication when there was an important announcement.

The UNHRC Resolution will not change what Sri Lanka will do.

On 26 March 2012, in the first announcement following the UNHRC Resolution, Foreign Minister G.L.Peiris said that Sri Lanka will not alter what is being done, no matter the consequences.

1. Sri Lanka does not agree with the Resolution, and “we have no reason to fear or panic”.

2. There will not be a change in the future course of action and “will not do anything new”.

In other words, passing the Resolution was a waste of time. What has gone on will continue. The serious problem was that the UNHRC Resolution did not spell out what the consequence of non-compliance will be.

In fact, President Rajapaksa has just told a visiting Indian delegation that it will be “unreasonable” to expect Sri Lanka to remove the military from the Northern Province.

Getting into absurdity (which he often does) he asked, “Can I send them to India?”

Economic sanctions would have been one possibility, but as Foreign Minister Peiris rightly pointed out, “because of the resolutions in Geneva there aren’t going to be economic sanctions. These two things are not inter-related…….This will not take place that way”.

How effective economic sanctions are has been demonstrated in Burma. It was economic sanctions that forced the ruling Burmese military to hold elections after decades of military rule. That some 25% of the seats in parliament will still be reserved for the military is not the issue or whether any meaningful change will occur in that military dictatorship. What is important is that elections were held.

Sri Lankans are not stupid. It is the UNHRC members who are stupid (or acting stupidly) for geopolitical and economic gains. Sri Lanka knows full well how ‘to play them’, and does it to perfection. That was how the war against the Tamils was ‘won’ by the GoSL and why the human rights violations of the Tamil people in the North and East continues.

The Vatican

Threats to a Roman Catholic Bishop and clergy, is clearly a matter that should concern the Vatican. However, Vatican diplomacy has blessed many of the tyrants and torturers of recent history, betraying Catholic idealists in Singapore to Lee Kuan Yew, and secretly exerting pressure on the British government to free the unrepentant General Augusto Pinochet, torturer-in chief, of Chile. The Pope personally urged the British Government, through the high diplomatic channels which statehood accords to the Vatican, to release Pinochet.

I will be sending this document to the Vatican although I am not holding my breath that action will be taken. However, if 100,000 Catholics also write to the Vatican (on the Amnesty International strategy which I will set out), there is a remote chance that some action will be taken, if only an ‘expression of concern’ by the Pope.

With the abysmal failure of the UN and of self-appointed moral custodians such as Churches, to address the problem of human rights, the actions of human rights NGOs such as AI, HRW and ICG, are crucial. I will deal with the AI strategy, since I am very familiar with it, and have known its visionary founder, Peter Benenson since 1957.

The Amnesty International strategy

My personal contact with Peter Benenson, the founder of AI, does have relevance to the current situation in Sri Lanka. I met him in 1957, four years before AI was launched. Our meeting was, interestingly, to do with Ceylon – the Plantation Tamils. A group of British lawyers had formed a group called “Justice” in the late 1950s to look into what the British Parliament had done, or was responsible for, in its territories and colonies.

I do not need to go into the details of how/why I was picked. I was a medical student in Cambridge when I was invited to address this group on the plight of the Plantation Tamils who had been brought to Ceylon (as it then was), by the colonial British, virtually as slaves to work on the tea plantations. I addressed this group in 1957 and met Peter Benenson, with whom I kept in touch.

When I came to London in 1957 to finish my medical training, Benenson’s modest chambers in Mitre Court were only a few minutes by the tube train, and I met up with him from time to time.

Towards the end of 1960, he had read a short news clip that two Portuguese students had been jailed for seven years for raising their glasses to toast a free Portugal from the ruthless dictator Antonio Salazar. I asked him what he intended to do. He said that we should write a letter. I thought the idea was absurd. “Do you think that a few letters arriving on his table would do anything other than end in his dustbin?” He agreed “Yes, 10 or even 100 might end in the dustbin but 100,000 might be different. They might still end in the dustbin. Well, let us fill his dustbin”.

Amnesty was launched a year later in 1961. I was there in that magnificent Church, St Martins-in-the-Fields in Trafalgar Square on December 10 (Human Rights Day), when the now famous candle was lit. It was based on an old Chinese saying that “it is better to light a candle than to curse the darkness”. Some years later Beneson said, “The candle burns not for us but for all those whom we failed to rescue from prison, who were shot on the way to prison, who were tortured, who were kidnapped, who “disappeared”. That’s what the candle burns for.”

What Peter Benenson suggested in 1960 and which Amnesty International has done over the years is to write letters (to ‘fill the dustbin’) of tyrants, dictators and others who commit violations of human rights.

AI has two key strategies – to publicise information and mobilise public opinion. The essential components have been, 1) the publication of accurate and impartial reports, and 2) to get citizens on board by letter writing, media and publicity work, and public demonstrations. These influence countries and governments. The striking success of this strategy is why AI won the Nobel Prize for Human Rights in 1978.

What can be done?

To give the Bishop, his clergy and members of ‘civil society’, and now even human rights activists in the Sinhalese South, physical protection is impossible. The Sri Lankan regime can do whatever it wants to whomever it wants with complete impunity. It has and it will. So will the likes of Minister Mervyn Silva and his goons.

The only possible ‘protection’ that can be given is the force of public opinion, in particular, international opinion. This might well be insufficient but is all that can be done, other than the physical removal of vulnerable people from that country. That is neither possible nor desirable since what is being removed is the only voice of a voiceless people – the Tamil people in the North and East, and the voice of reason in the South. To remove them is not only impossible but irresponsible. It is as irresponsible as what the UN and Humanitarian organisations did in 2008 – remove themselves from the conflict zone (on the orders of the Government’s, enabling the Government Armed Forces to commit the most serious atrocities on the civilians in the North and East).

What can be done (if anything) is to apprise the world of what might happen to Bishop Joseph, his fellow clergy and others, and to let the regime in Sri Lanka know that the world is watching.

Harold Pinter, the 2005 Nobel Prize winner in Literature, titled his Nobel Lecture – Art, Truth and Politics. I will quote from this outstanding lecture since that is what is happening in Sri Lanka.

“The majority of politicians…...are not interested in truth but in power and the maintenance of that power. To maintain that power it is essential that people (in Sri Lanka and abroad) remain in ignorance of the truth. What surrounds us is a vast tapestry of lies, upon which we (in the outside world and those in Sri Lanka) feed. It never happened. Nothing ever happened. Even while it is happening, it wasn’t happening. It didn’t matter. It is of no interest”.

President Rajapaksa, on the first anniversary of the slaughter, said, “Not a single civilian was killed by our soldiers. It was all done by the Tamil Tigers”. To his ‘tapestry of lies’ he added, “Our soldiers went to war with a gun in one hand and the human rights convention in the other”. This, mind you, was to hundreds of people, several from the diplomatic community invited for the tamasha in Colombo.

In Sri Lanka today, the Rajapaksa regime is without doubt the greatest show on the road. Brutal, ruthless, scornful and indifferent it might be, but also very clever. As a salesman, President Rajapaksa is in a class of his own, and his most saleable commodity is himself. That is why it was ‘necessary’ to jail General Sarath Fonseka, the former Army Commander, on a trumped up charge and hand-picked Judges.

The Rajapaksa junta no longer bothers about the truth. They see no point in being reticent or even devious. They put their cards on the table without fear or favour. They simply do not give a damn about the United Nations, International Law or critical dissent, which they regard as impotent, irrelevant and a joke. They might well be right!

The problem is how one can protect outspoken people such as Bishop Rayappu Joseph from such a regime. I do not think it is possible – except to let the junta know that the world is watching. It is for this reason that this paper is being published.

I suggest that you send a letter to the President, the Pope and to all your Churches, and Parliamentarians to express your concerns. This is the very least you can do for the embattled and voiceless people in the North and East and the outstandingly brave people who are putting their lives on the line to address the terrible plight of the people in the Tamil North and East, and apprise the world of what is going in an area to which independent observers and internationally credible human rights organisations are still being denied access by the Sri Lankan Government.

President Mahinda Rajapaksa His Holiness, Pope Benedict XVI

“Temple Trees” Apostolic Palace

150 Galle Rd 00120 Vatican City

Colombo 3,

Sri Lanka. email benedictxvi@vatican.va

email secretary@presidentsoffice.lk

Appendix 1

LLRC: Submission by the Catholic Diocese of Mannar [29]

by Rt. Rev. Dr. Rayappu Joseph , Rev. Fr. Victor Sosai, Rev. Fr. Xavier Croos

A. Introduction:

This is a presentation on behalf of the people of Mannar district by the Roman Catholic Bishop and Priests of the Diocese of Mannar[1] to the Lessons Learnt and Reconciliation Commission (LLRC).

At the outset, we must express our disappointment that previous Commissions of Inquiry have failed to establish the truth into human rights violations and extrajudicial killings they were inquiring and bring justice and relief to victims and their families. For example, the attack on the Pesalai Catholic Church while civilians were taking refuge and the disappearance of Fr. Jim Brown, both in 2006, were amongst the 16 cases that the Presidential Commission of Inquiry to Investigate and Inquire into Alleged Serious Violations of Human Rights was mandated to look into, but we have not heard of any progress. It is also disturbing that reports of these Commissions have not been made available to those who came before the Commission, victims, their families and general public.

However, we believe the appointment of the LLRC by His Excellency Mahinda Rajapakse is an opportunity for all Sri Lankans to move towards reconciliation. We recognize the importance of learning lessons from our history, in order to move forward as well as prevent further conflict and violence. Thus, our willingness to come before the LLRC and assist the LLRC by working with the Kacheri and Grama Sewekas[30] to make it better known amongst our people.

We appreciate the positive response of the LLRC to our request to visit Mannar district and meet people here who have been seriously affected by the war, especially the last phase of war from 2006-2009. However, Mannar being a district that tens of thousands of people have been affected by war for 3 decades, we are disappointed that the time allocated to listen to our people is very small. We request that special period of time be allocated for further submissions by the public even after the formal sessions of the LLRC are completed.

We also believe that it is crucial for any serious effort towards reconciliation to go back into our history beyond February 2002, as roots of the conflict and reasons for the war that caused so much pain, destruction and polarization dates much further. Infact, the LTTE, other armed Tamil groups and the war are not the cause, but only results of the conflict. Although LTTE and other Tamil armed groups have caused much suffering, their actions were prompted by the failure of successive governments to respond favourably to Tamil’s efforts to resolve their problems through peaceful and political means. While acknowledging the part played by LTTE and other armed groups in the suffering of the people, we wish to point out that the state military and their secret agents are feared more by the people and are held responsible for much of their woes.

In order to achieve genuine and lasting reconciliation, we believe it is crucial to address roots of the conflict and war, primarily issues affecting Tamils such as recognition of their political reality, language, land, education and political power sharing.


B. Importance of truth:

We are convinced that recognizing in public the objective truth of the events of destruction that has taken place during the decades of war and violence is indispensable for any attempts at reconciliation. Although establishing the truth is not explicitly mentioned in your mandate, we believe you will share our conviction that there can be no genuine and lasting reconciliation without truth. In particular, the truth about violations of international human rights and humanitarian law, such as enforced disappearances, extrajudicial killings, arbitrary detention, torture, bombing and shelling of civilian’s spaces including hospitals and religious institutions etc. must be publicly acknowledged bearing also in mind the principle of “Command Responsibility”. We note that except in one case (rape and murder Krishanthy Kumarasami) no perpetrators have been convicted for numerous crimes such as extrajudicial killings, disappearances, torture, arbitrary detention, rape and sexual abuse. It is our belief that this culture of impunity over the years, led to more and more crimes against Tamil civilians during the course of the conflict. Measures such as forgiveness, amnesty are only possible when there is genuine acceptance and repentance of wrongs done and the truth is acknowledged.

It is our earnest appeal that the LLRC will give high priority to establish in public the truth of what has happened in the course of conflict and war.

C. Importance of political solution:

It should be recognized that Tamil people along with other inhabitants are part of one Sri Lanka, while having their own identity, culture, language, religion and traditional habitation. This reality in Sri Lanka has to be duly recognized by the government, considering also international law and practices in resolving conflict through political processes. Basic principle of power sharing and rights of minorities must be legally entrenched in the Constitution. The constitution and legal system must not favor and should not leave any room to be even perceived as favoring majority or any one community or religion.

We believe that this process should be done with full participation of all communities, with the assistance of Sri Lankan experts as well as drawing on relevant international experience.

We acknowledge that this will be a long process. We note that several such processes initiated in the past had been abandoned, including the All Party Representative Committee appointed by the present President. Political solution could be carved out taking into consideration previous attempts at a political solution and relevant amendments made to the constitution.

We believe it is crucial to take initial steps immediately, with a clear time frame for completion of the process and implementation of the final political solution.

D. Immediate issues to be addressed

While a political solution to the conflict is essential, we would like to highlight several immediate issues that need to be addressed to ensure that we move forward on the path to reconciliation. Without addressing these needs, people affected by the war will not be able to move towards reconciliation and neither will they have any confidence or hope in any reconciliation process initiated at macro level.

Below are some such concerns with some practical suggestions:

1. Enforced disappearances:

We are submitting herewith a list of 100 persons that have disappeared as reported by their loved ones. (Annex 1 – parts I and II) The actual numbers would be much more. Existing mechanisms such as the Police, National Human Rights Commission and previous Presidential Commissions that many family members had complained to, have been unable to assist the families of the disappeared people. We are particularly worried that there is no news about two Tamil priests from the North who disappeared in this period, namely Rev. Fr. Jim Brown and Rev. Fr. Francis Joseph, although not from the Mannar diocese. Fr. Jim Brown’s case was even part of the mandate of the previous Presidential Commission of Inquiry in 2006.

Suggestions:

1.1 Establishment of a special fast track mechanism that is independent of state institutions and will be perceived as independent by affected families.

1.2 In cases where it is clearly established that the person cannot be found, processes for death certificates and compensation should be expedited.

1.3 Procedures for applying for same should be simple, time bound and should be made public.

2. Remanded LTTE suspects:

We are submitting a list of 274 persons who have been reported to us as being remanded. We are again aware that the actual number of persons in detention is much more than we present. There are thousands of LTTE suspects detained in prisons all over the country, such as in Welikeda in Colombo, Bogambara in Kandy, Jaffna, Batticaloa, Vavuniya, Anuradhapura etc. Almost all are Tamils. Most are detained purely on suspicion of links to the LTTE, with no charges brought for years. Others have been charged, but their trials are going on for years. Some of those, such as those detained in Omanthai under the Terrorist Investigation Department (TID), have been denied access to lawyers, ICRC and National Human Rights Commission and right to participate in religious services. Their relatives face a lot of problems visiting them and are often compelled to talk in inhumane manner through wire mesh, with more than 10 at a time in congested small room. There is no centralized list of detainees in each detention centre that relatives could refer to.

It is very important also to identify and pay special attention to vulnerable groups with special needs, such as those with young children and physically disabled.

Suggestions:

2.1 A centralized, comprehensive list of detainees should be made public – with names, places of detention as well as record of transfers, so families are made aware of the whereabouts of their family members. The list should also provide the reasons for detention and under which legal provision they are being detained.

2.2 Unhindered access to detainees, by their families, religious leaders, lawyers, ICRC and other statutory bodies and individuals.

2.3 Release all those who are not charged or detained in accordance with the legal framework and expedite the cases of those who have been charged.

2.4 A proper screening process should be in place to identify special cases, such as those with young children and with physical disability and provide special assistance they need.

3. Extrajudicial killings:

We present herewith a list of 166 people who had been reported to us as killed during the last phase of the war, from Mannar district. (Annex 3) This number is not complete. Thousands of persons have been reported killed during the three decade old war from the North and East, most of them, since 2007 and particularly in the last five months of war in 2009. This includes a large number from the district of Mannar. Rev. Fr. Pakiaranjith, a priest of our diocese was also killed on 26th September 2007 in Vellankulam Road near Thunnukai, while he was taking assistance to displaced people. Hundreds of civilians from the Mannar district have also been deliberately killed by the military at the beginning of the war in early 1980s, such as the mass massacre at 11th mile post on the Mannar – Medawachiya Road on 4th December 1984.

Based on eyewitness testimonies, we believe thousands of people would have been killed in the last five months of war between January – May 2009 and we believe a large number of these people are also from the Mannar district.

Based on information from the Kacheris of Mullativu and Killinochi about the population in Vanni in early October 2008 and number of people who came to government controlled areas after that, 146,679 people seem to be unaccounted for. According to the Kacheri, the population in Vanni was 429,059 in early part of October 2008 (Refer Annex 4 and 5). According to UN OCHA update as of 10th July 2009, the total number of people who came out of the Vanni to government controlled areas after this is estimated to be 282,380 (Refer Annex 6).

Suggestions:

3.1 All killings should be formally acknowledged

3.2 The number of civilians killed during the last phase of the war should be made public

3.3 Due clarification should be made regarding what happened to 146,679 people, which is the discrepancy between the number of people who came to government controlled areas between October 2008 – May 2009 and the population reported to be in Vanni in early October 2008.

3.4 Processes for death certificates and compensation should be expedited.

3.5 Procedures for applying for same should be simple, time bound and should be made public.

4. Rehabilitation of civilians affected by war

Thousands of civilians have also been injured, some seriously during the course of the war, especially in the last few months of war in the North in 2009. Many suffer permanent physical disability and are unable to get about their daily lives, including education and livelihoods without special assistance. There are also many who are traumatized due to being eyewitness to the war and having family members killed and made to disappear after being detained by the military, being admitted to hospitals etc.

Suggestions:

4.1 All civilians physically affected should be offered needed special care and assistance.

4.2 All those who are in need of trauma counselling should be offered opportunities to receive trauma counselling and psychosocial support.

4.3 Government should facilitate and assist religious groups and NGOs to collect correct data in order to provide these services, including financial assistance where needed.

5. Rehabilitation of ex-LTTE cadres

We welcome the release in batches of ex-LTTE cadres. But there is no clear official number for those being detained and rehabilitated.[2] There is no transparent classifications and distinctions between those alleged as ex-combatants and others who were not in the frontlines (e.g. cooks, medics, admin staff etc.). There is also no clear indication about how many ex-combatants would be charged, and under what laws, with different Government MPs saying different numbers at different times.[3]

We have also been told by several ex-LTTE cadres who had been released that they had not received any serious rehabilitation, such as counseling and livelihood skills. Those who have been released after rehabilitation have reported that their freedom of movement has been restricted and several have been reported as threatened and even abducted after release.

Suggestions:

5.1 Ensure freedom of movement and security of those released after rehabilitation

5.2 A comprehensive programme to address the psychological needs of ex-LTTE cadres and those rehabilitated and reintegrated should be implemented by the Government in partnership with agencies who have expertise in the area.

5.3 There should be an independent authority/body to monitor the rehabilitation and reintegration of detainees, so as to ensure that proper rehabilitation is conducted, and if the reintegration process is taking place effectively. (e.g. facilitate family units to re-start their lives etc.,)

6. Permanent housing, Livelihoods, Healthcare, Education and Transport:

We appreciate the fact that most people displaced during the war have been allowed to go back to their villages. We particularly appreciate the efforts made to demine these areas. However, although many people have returned to their villages, they are not able to live in dignity.

Almost 20 months after the end of the war, most of displaced people still have no housing and live under tarpaulin sheets. Others live in makeshift and temporary houses, mainly cadjan[31] and tin sheets. There is no comprehensive housing scheme in place. We are also disturbed that a limit of Rs. 325,000 has been placed as the amount that should be spent for one permanent house for houses being built by The North East Housing Reconstruction Program (NEHRP). Based on present construction costs, it would be difficult to complete a good quality permanent house within Rs. 325,000. Further, we are also concerned that only few agencies are involved in building permanent houses, which we understand is due to undue restrictions and formalities of the government.

In this context, we were relieved and happy to hear about the offer of the Indian government to build 50,000 houses. We believe it is essential that the Government of Sri Lanka cooperates fully with the Indian government to ensure that people without housing can benefit in full from this generous offer.

Newly resettled people also lack assistance to restart livelihood (fishing / farming / shops etc.). The large number of shops runs by the military and businesses started by people from other parts of the country are negatively affecting the ability of local people who are trying to restart their lives through small shops and restaurants.

People also lack water supply, nutritious food – including milk foods for children and education facilities, health care and transport facilities are inadequate.

Although we are allowed to extend our services to affected people at the moment, we have faced restrictions in earlier in our (Catholic Church) attempts to provide some such services and facilities and have received reports from NGOs who are ready to provide such services about restrictions presently in effect by multiple government bodies such as the Presidential Task Force and Ministry of Defense.

Suggestions:

6.1 Government should assume primary responsibility to provide decent permanent housing to displaced people who have now returned to their own villages.

6.2 Government should ensure that religious groups and NGOs who are willing to provide assistance and services are able to do these without long and complicated procedures.

6.3 The Indian government should be given the opportunity to build the 50,000 houses they have committed themselves to build, without leaving space for any local politicians, government officials and middlemen to engage in any corrupt practices.

6.4 High priority should be given to provision of quality healthcare, education and transport facilities to newly resettled areas such as Manthai West, Madhu and Musali divisions.

6.5 Due compensation should be paid to properties damaged, and a simplified, fast and transparent procedure must be put in place for this process.

6.6 No limitation should be placed on the amount to be spent on building permanent houses.

7. Creating a positive environment for displaced Muslims to return:

The forced evacuation of the Muslims in 1990 by the LTTE is a sad event in the conflict and we are happy that good number of them is able to return back to their places of original habitat. All the displaced Muslims of the Mannar district must be allowed to return freely and must be assisted by relevant authorities to be reintegrated into the communities in Mannar. We are relieved that Muslim people were not subjected to extrajudicial killings, disappearances, arbitrary arrests that most others who stayed in Mannar have been subjected to.

Suggestions:

7.1 A favourable environment should be created to ensure the return of Muslims who want to come back and they should be provided all facilities that returning people are entitled to.

7.2 Dialogue between Tamil and Muslim communities as well as community and religious leaders is important to ensure both communities can live in harmony.

7.3 Government must ensure that resettling Tamil and Muslim communities get equal level of assistance and support, and avoid creating situations where one community is seen as the favoured community, as this will only cause further tensions.

8. Demographic changes and land colonization:

While we welcome efforts to resettle and assist displaced people to return and resettle, we are alarmed at reports that there are plans to handover land to large number of people from outside the district. We have also received reports that several individuals and groups from outside the district are already occupying lands (e.g. in Musali division) and these seems to be done with blessings of a Government Minister.

There is suspicion amongst historical inhabitants in the district that these are part of a government plan to bring about demographic changes in terms of ethnic and religious composition of the districts and the Northern Province as a whole. Such efforts in the past have been a key factor that led to the conflict, war and violence and as we try to move towards reconciliation, it is crucial to learn lessons from the mistakes made in the past and not repeat such mistakes.

9. Occupation of land by military:

We appreciate the fact that the Government and the military had handed back some of the Church land that had been occupied by the military. However, we are disturbed that civilians in some areas are unable to go back to live in their own lands due to occupation of their houses and land by the military, such as in Sannar and Mullikulam. Land owned and administered by us (Catholic Church) in Mullikulam have also been taken over by the Navy without prior information or consultation with us (Catholic Church) and the people about alternative arrangements. There are no alternative arrangements offered as of now to those evacuated.

Suggestions:

9.1 Priority should be given to allow people to live in their own lands

9.2 Occupation of land by the military should be a last resort only, and in this case, provision of alternative land and in consultation with those affected and due compensation is also essential

10. Militarization and politicization of the civil administration:

Almost 20 months after the end of the war and after more than a year since the resettlement process started, we are disturbed that there is a heavy military presence in Mannar district particularly in recently resettled areas of Manthai West, Madhu and Musali divisions. This is something most Tamil civilians fear and not happy about, due to the many negative experiences they have had in the past. Many activities and decisions that should be attended to by civil authorities are still being handled by the military.

We have also seen an alarming level of interference in the civil administration of the Mannar district by politicians of the ruling party. Appointments and transfers to important positions in the civil administration including crucial areas such as healthcare and education etc. are controlled and monopolized by politicians, completely by passing the official procedures.

The culture of political patronage seems to have engulfed the Mannar district as it is in rest of the country. This has also caused a fear and tension amongst the majority Tamil community, who feel they are being marginalized in favour of those known to influential politicians of the government.
In this post war era, it is worrying that Governors to both the North and the East are former military commanders, as it is natural that senior military officers would operate based on military perspective rather than civilian perspectives.

Suggestions:

10.1 Military presence should be minimized and should be to the extent required.

10.2 Military should remain in barracks and camps and not in public places unless it’s required for security purposes.

10.3 Government Ministers and the Governor should not exceed powers vested in their office by law and in particular should not interfere in matters that are under the purview of the civil administration.

10.4 Transfers and appointments in the civil service should follow the established procedures devoid of any influence and interference of politicians.

10.4 Civilian administration should be strengthened and administrative, development and rehabilitation functions should be handed over to civil authorities with relevant expertise and experience.

11. Freedom of Religion, Expression, Association and Movement:

Almost 20th months after the end of the war, it is disturbing that restrictions on expression, association and movement that are not in force in other parts of the country and communities are being imposed on recently resettled Tamil people. On several occasions, the military had cancelled religious services to remember and pray for civilians killed or missing and even some of our priests have been threatened and intimidated for their attempts to commemorate those who were killed during the war.

While celebrations for the war victory had been held under government patronage, no efforts have been made by the government to express solidarity with families of those killed, missing and injured in the war, by observing a National Day of Mourning.

Attempts to protest peacefully about land occupation and lack of basic facilities had also drawn threats and intimidations.

Church organizations and NGOs have been instructed in writing and verbally by the Government Agent of Vavuniya and the Army in Mannar that no events should be organized without inviting the military.

Restrictions on travel still remain and even last month, some overseas visitors were prevented from visiting people in Manthai West division.

Such restrictions make Tamil people in these areas feel that they are living under military rule and cannot enjoy the rights and liberties that people in other parts of Sri Lanka enjoy. Restrictive measures for peaceful and humanitarian activities also create further tensions and distance between the Government and Tamil people, and should be avoided in order to move towards reconciliation. Travel restrictions on foreign nationals who are interested to help resettled people deny these people opportunities to get further assistance.

Suggestions:

11.1 People, community leaders and religious leaders should be free to organize peaceful events and meetings without restrictions.

11.2 The government should declare a national day of mourning, to remember civilians who have been killed in the war.

11.2 Visitors from outside the district and from overseas should be allowed to freely visit their friends and relatives in recently resettled areas without having to obtain prior permission from the Ministry of Defense.

12. Fears of Sinhalese – Buddhist cultural domination:

We are deeply disturbed that some signboards in villages in Manthai West are only in Sinhalese and that some roads names have been given Sinhalese names. These are seen as indicators of “Sinhalization” of traditional Tamil areas and these are things that should be avoided if we are to move towards reconciliation.

Building a Buddhist place of worship (Pansala) in Murunkan Town where there was a Hindu Kovil is something that has caused a lot of concern, particularly as there is no Buddhist population in this area. Erections of Buddhist statues in prominent public places in many new locations in the North have also made our people fearful of Buddhist domination of majority Hindu, Christian and Islamic areas.

While being deeply respectful of Buddhism and believing in religious freedom for all religious communities all over the country, we believe the erection of Buddhist statues and places of worship in public places in the North, will not help in reconciliation efforts and in fact, may lead to further tensions and polarization amongst different religious communities.

E. Conclusion:

We hope due notice will be taken of concerns we had raised and practical suggestions made. We reiterate that key three elements towards reconciliation are:

1. Acknowledging the objective and total truth of events that had happened throughout the conflict and war, particularly in the closing stages of the war

2. A political solution to the ethnic conflict, that will also ensure good governance and rule of law, drawn up in a participatory manner within a specified time frame

3. Addressing of immediate concerns (such as of people who had been affected and suffered doe to the war.

We stand ready to further assist and collaborate with the LLRC and the Government of Sri Lanka towards achieving these goals and offer our prayers and blessings towards the success of such efforts.

Foot Notes:

[1] The Diocese of Mannar comprises the administrative districts of Mannar and Vavuniya. For the purpose of this submission, only the Mannar district is covered

[2] For example, in an interview with the Sunday Observer of 1st August 2010, Minister D. E. W. Gunasekera was quoted as saying there 7000 ex combatants in custody out of an initial number of 12,000 at the end of the war. However, the Minister was quoted in the Divaina of 15th Sept. 2010 as saying 4000 out of 12,000 had been rehabilitated and released implying a number of 8000 that remained detained. On 10th August, Government MP Rajiva Wijesinghe was quoted by IRIN as saying 6900 continue to be detained out of an initial number of 11,000 LTTE fighters that were detained.

[3] Minister Gunasekera pointed out in his interview to Sunday Observer of 1st August that about 1100 were “hardcore tigers”. However, the Divaina of 15th September reported the Minister as saying only about 700 could be charged. MP Rajiva Wijesinghe however quoted a different figure of 600 that will face charges and long term rehabilitation in IRIN news of 10th August.

Appendix 2

Response by Civil Society [32]

29th February 2012

This document is response to the statement made by Minister Samarasinghe at the High Level Segment of the 19th Session of the United Nations Human Rights Council (UNHRC). At the outset it is noted that the responses by the Government including setting up the Lessons Learnt and Reconciliation Commission (LLRC) and the pledges made in the speech referenced here are as a result of increased international scrutiny and a counter to the growing call for a resolution to discuss Sri Lanka at the INHRC. As civil society who work on human rights and rule of law issues in Sri Lanka, the pledges made are yet another indicator of the delaying tactics used by the Government to halt any genuine progress in Sri Lanka,

While recognising that some positive measures have been taken by the Government towards strengthening peace and human rights since the end of the war in May 2009, this document below contains two columns – one with highlights from the statements made by the Minister and the opposing column directly rebutting the specific claim and at times containing questions that should be posed by different actors to the Government of Sri Lanka. This document is drafted at a time when civil society and others who are critical of the Government have come under intense threats, resulting in no names being mentioned of those who drafter this document. The shrinking space for any action in Sri Lanka demonstrates the urgent and immediate need for action at the 19th Sessions of the UNHRC.

Statement of Minister Samarasinghe

Concerns/Fact & Figures

Implementing the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC)

“I am happy to observe that advances have been made with respect to many of the recommendations in the (LLRC) Report……Some of the areas in which gains have been made include…”

Rehabilitation of ex-combatants

Implementation of language policy

Removal of the military from facilitation of civil administration in the North

Making available land previously used for security purposes for resettlement /return

Carrying out a comprehensive census in the Northern and Eastern Provinces

“We continued to brief the international community in Geneva of the interim recommendations made by the LLRC and the measures taken by the Inter-Agency Advisory Committee on their implementation”

Rehabilitation of ex-combatants– security concerns for those who are ‘rehabilitated’ and released back to community is a serious concern as there is continuous surveillance by military and intelligence. In most areas in the Vanni, those who are ‘rehabilitated’ have to report to the military/police on a weekly basis and face harassment. The failure to demobilize, disarm and reintegrate members of non-LTTE armed groups is a continuing concern.

There continues to be gaps in the availability of official documents in both Sinhala and Tamil and government offices where citizens can address their problems in their language of choice. For example, the full LLRC report itself is yet to be made public in Sinhala and Tamil, more than 3 months after being presented to the President in November 2011.

The military continue to play a key role on civil administration in the North and East including approving projects and programmes at the district and divisional levels registering civilians and approving functions that are to take place in the areas (discussed in detail below)

The military and police continue to occupy large areas of private landing the North as High Security Zones (HSZs) and military camps without providing information to the extent of land it currently occupies and a plan for the release of acquisition of the land. The existence of HSZs in Jaffna is a good example of land owners continuing to live in displacement for several decades as their private land is occupied by the military.

The ‘census’ that was carried out is problematic as questions are raised on the independence of those who conducted the survey, the heavy involvement of the defence establishment in the exercise and timing of exercise. In addition, the involvement of the military in registering civilians has been challenged in the Supreme Court in 2011 when Government gave an undertaking to halt the practice immediately.

The LLRC report itself points to the lack of implementation of its recommendations.

Land issues

“In particular, the Commission’s recommendations about the formulation of a land use plan for each district in the Northern and Eastern Provinces and, as a longer term initiative, the establishment of a National Land Commission for the country as a whole, require further study and careful planning”.

“I may also add that the Government is firmly resolved to ensure that all who have been dispossessed of their lands, are afforded the opportun9ity to return to the lands they once owned.

The key post-war policy put forward by the Government was the Land Circular for the Northern and Eastern Provinces in 2011 (2011/4). It had several flaws and significant implications including providing an official role for military in dispute resolution of land issues. This and other policies/Bills related to land have been challenged in court by civil society and others in 2011 and as a result was withdrawn by the Government.

The National Land Commission (NLC) is provided under the thirteenth Amendment to the Constitution in 1987 but to date has not been implemented by successive governments.

The continued high military occupation of private land and existence if HSZs in the North and East are some of the many obstacles faced by private land owners in returning to their own land. Although statements by senior government officials have been made regarding the reduction of military occupied land, this has yet to materialise.

Protection of civilians during war:

“The Report endorses the position that the protection of civilian life was a key factor in formulation of policy for carrying out military operations, and that the deliberate targeting of civilians formed no part of it”

This is contrary to the testimony provided by civilians who were trapped in the Vanni in the last few months of the war in 2009 including Government employees. Individuals who were trapped in the area are on record stating that they transmitted locations of make-shift hospitals on a daily basis to the military but regardless of the information the shelling continued. Multiple rounds of shelling occurring on some days. Such deliberate attacks have been documented by the UN Panel of Experts (2011), civil society and international human rights groups.

Investigations into allegations of violations of international humanitarian and international law.

“The Government is committed to a mechanism for gathering and assessing factual evidence relating to the episodes indicated, buttressed by a strong investigative arm. The findings thus arrived at will form the basis of a decision on whether criminal proceedings can be instituted. The material yielded by this investigation will be placed before the Attorney-General for a decision in respect of instituting criminal proceedings, where warranted. The Attorney General is currently seized of and is studying the recommendations in the report with regard to allegations of Violations of International Law. Military Courts of Inquiry in keeping with international practice have commenced investigations into specific incidents identified by the LLRC.

“….in respect of the controversial Channel 4 footage, the Court of Inquiry has been specifically mandated to ascertain whether any member of the armed forces was involved in the events depicted, authentic or otherwise and recommend the measures to be taken.”

There is no mention of the Terms of Reference (TOR) of the mechanism meant to gather and assess evidence – how would it be an independent mechanism? Would it be a body the purview of the Eighteenth Amendment to the Constitution? Individuals to institutions listed under the Eighteenth Amendment are appointed by the Executive and independent and credibility of such commissions are in question.

The statement claims that the Attorney General (AG) is to decide whether criminal proceedings are to be initiated but to date no information is publicly available whether the AG has initiated criminal proceedings against any actor investigated by previous commissions of inquiry (COI), including the COI appointed by the President to look into 16 past violations in 2006.

No public information is available on the TOR of the military courts of inquiry and whether they satisfy due process and other international norms applicable to inquiries. As seen with previous initiatives, questions are raised regarding the independence of those appointed to hear the proceedings and the transparency of such initiatives. Public confidence, especially of those directly affected, to come forward and safety of witnesses, in light of the non-existence of a Victim and Witness Protection mechanism are clear challenges to a credible investigation.

The military hearing a case to ascertain whether their own were involved in the incident and a process that is not open to public scrutiny raises serious questions of whether the process is independent and can be manipulated.

Detainees and rehabilitation:

“the number of persons in detention for suspected terrorist activity has been reduced to 225 out of a total of over 4,000”

“With regard to the rehabilitation of LTTE ex-combatants, out of nearly 12,000, less than 900 remain in rehabilitation centres.”

“We are still investigating several cases and these persons will be tried before ordinary courts of law in the shortest possible space of time. The Police have adopted stringent guidelines with respect if the treatment of persons taken into custody. This will have a salutary effect on the allegations of torture and mistreatment.”

Who is defined as ‘suspected involvement in terrorist activity’? What is the classification of long term prisoners? What is the legal basis of such detentions? This also raises implications with the PTA regulations that are currently in existence.

As of 10th February 2012, the number of ex-combatants in ‘rehabilitation’ was 1007.

It is estimated that many still languish in detention centres with no charges being brought against them.

The Government has yet to make public a list of detainees and detention centres, a recommendation made by the Special Rapporteur for Torture Manfred Novak in 2007 and repeated in the LLRCs own interim recommendations made in September 2010 and final recommendations made in November 2011. the Government has yet to act on this.

Regardless of ‘stringent guidelines’ by the police, torture and custodial deaths occur on a regular basis across Sri Lanka. Several cases are before the Supreme Court where police and military are accused of torture and assault.[33]

Military involvement in civil administration:

“In keeping with the recommendations of the LLRC, the military has been withdrawn from aspects of civilian life, and are now confined to security-related matters. As a result, development-related work, which during the conflict situation and immediately thereafter, came under the purview of the Presidential Task Force for Resettlement Development and Security of the Northern Province, is now carried out under the supervision of the relevant line Ministries, on coordination and consultation with the provincial and local government representation.”

“The civil service in the North and East is largely representative of the Tamil and Muslim communities.”

The military continue to play key roles in civilian administration in the North including the following-

Approving beneficiary lists for projects

Approving the holding of local functions

Registering civilians

Approving humanitarian projects in the areas

Holding coordinating meetings for humanitarian actors at the district level.

The Ministry of Defence (MOD) (the Minister of Defence being President Mahinda Rajapaksa and the Secretary being his brother Gotabaya Rajapaksa) took over the NGO Secretariat and the Urban Development Authority in 2010 and all NGO activities and development projects currently fall under the purview of the MOD. As a result the scrutiny of NGOs and other local groups working on human rights, humanitarian and protection work is very high.

The Presidential Task Force (PTF) continues to play the primary role in approving and deciding projects in the North and deciding whether and where each humanitarian organisation is able to work in the North. The PTF was created in 2009 but to date no information is publicly available on how it was constituted or its powers.

The two Governors of the North and Eastern provinces and the Government Agent of Trincomalee District are retires Sinhala military officials, while the GA of Ampara District, another Tamil speaking majority district is also a Sinhalese.

Development work in the North with specific reference to Jaffna District is made-

“In terms of investment promotion, the Atchchuveli Industrial Zone, which is being developed in a 25 acre land area is expected to attract approximately 40 local and foreign investors and to generate employment to over 6,000 persons. A further 67 acres is scheduled to be added in the second stage. The Palaly airport – which is to be upgraded, and the Kankesanthurai (KKS) harbor - are located less than 10 kilometres from the Industrial Zone, thus providing additional logistical advantages to investors.”

There is no mention of the thousands that continue to live in displacement as a result if the military occupation and existence of HSZs in the North including Jaffna district. Although some areas in the HSZs in Jaffna have been released since 2010, large tracts of private land in Palaly and KKS are still occupied by the military. A fundamental rights petition filed in 2002 by a Member of Parliament and other private land owners from the Jaffna HSZ is still before the Supreme Court.

The political solution:

“As a central feature if the Government’s approach to evolving such a process, a Parliamentary Select Committee (PSC) is contemplated to achieve multi-party consensus in respect of constitutional changes, to fulfil the legitimate aspirations of the Sri Lankan people enabling them to work in unison and with a sense of national identity for a better tomorrow. Parallel with this multi-party mechanism, the Government has commenced bilateral discussions with the Tamil political parties as well as Muslim representation. The Government has already nominated its members to the PSC and is awaiting the nomination of members representing the opposition, after which its sittings can commence.”

The Government appointed an All Party Representative Conference in 2006 to devise a consensus for a political solution. A consensus report provided by the Convenor and Government Minister Tissa Vitharana to the President in December 2008. a response from the President and the ruling party is still pending.

The Government and TNA talks commenced in January 2011 with 18 rounds of talks taking place but with no significant results. Requests made by TNA in humanitarian grounds such as making public a list of all detainees, releasing long term prisoners, release of land from HSZs have yet to be implemented by the Government. The talks are presently suspended.

None of the opposition parties including the TNA has nominated members to the PSC. The possibility of the PSC commencing work anytime in the near future is in question due to this stalemate. TNA’s main argument for not participating in the PSC is based on a lack of progress made in bilateral; talks with the Government.

National Human Rights Action Plan (NHRAP)

“We have worked hard on delivering on that pledge through a participatory process involving Government and civil society. The result is the national Action Plan for the Promotion and Protection of Human Rights which was approved by the Cabinet of Ministers in September 2011. We are now at the implementation stage of the Action Plan, including monitoring and evaluation…We have completed the very first activity identified in the Plan which is the appointment if a sub-Committee of the Cabinet that will oversee its implementation.

The NHRAP comprised of several thematic committees that comprised of both government officials and select civil society actors. Although initial discussions were held with civil society, the finalisation of the NHRAP was done solely by the Government with no consultation with society and after much delay. Several civil society actors who were in the committees have confirmed that some of the key recommendations have been disregarded. There has been little public information on the implementation of the NHRAP apart from the establishment of the committee almost five months after cabinet approval. The main opposition party, the United National Party, among others called for the Government to present the NHRAP in Parliament before it was presented to the international community. It is yet to be presented in Parliament.

Appendix 3

19th HRC Regular Session – Written Statement on Sri Lanka: Land grabbing and development-induced displacement

14 March 2012 : Human Rights Council

The Asian Forum for Human Rights and Development (FORUM-ASIA), in association with three Sri Lankan non-governmental organisations[1], draws the attention of the United Nations Human Rights Council to the alarming trend violations of the rights to adequate housing, land and property in post-war Sri Lanka.

The government of Sri Lankas push for “development” is playing out in the form of forcible acquisition of land by State and private actors, including foreign corporations, displacing thousands of vulnerable people across the island. These actions undermine efforts towards reconciliation and recovery after almost three decades of war as they are only further alienating, marginalising and disenfranchising communities of farmers and fisher-folk.

Despite the end of the war in 2009, the integrity of former conflict areas has not been restored as lands forcibly acquired by the State during the war for high security zones are being turned into Special Economic Zones. For example, in Sampur near the eastern province town of Trincomalee 1,262 households consisting of over 4,000 people have been displaced for several years and are living in temporary shelters. Instead of returning their land, the area is presently being prepared for the construction of a coal power station in collaboration with an Indian State corporation.[2] The traditional livelihoods of the affected families in agriculture, livestock-rearing and fisheries have been destroyed and those who are displaced are now destitute. Meanwhile, the 350 families who lived in the Mullikulam area of conflict-affected Mannar district in northern Sri Lanka, and who were displaced on multiple occasions due to the war, are yet to be allowed to return to their homes even after the end of war.[3]

The Sri Lankan government’s approach has been to prioritise the needs of corporations and private interests ahead of the rights of the poor. The Ministry of Defence has alienated 11,600 acres of forest land in the southern district of Moneragala for the cultivation of bananas for export by a multinational corporation[4] from the United States of America. Such land clearances are driving wild elephants into settlements of poor farmers, who have through previous government policies were rendered into seasonal labourers for sugar cane cultivation, following their dispossession from their customary lands. According to one woman farmer, the result is that “houses, property and lives of hundreds of women like me have been lost. It is clear that the programmes which are being carried out under the guise of development have caused the destruction of lives and livelihoods of innocent people”.[5]

The trend towards developing tourist resorts in Sri Lankas coastal areas and its islands is taking place with a blatant disregard of those communities native to that land, while causing significant environmental damage affecting their livelihoods. Around 5,000 fisherfolk livelihoods have been severely compromised in the 14 islands in the Kalpitiya peninsula in the north-west due to the lease of 1,200 hectares of land for tourism, undermining the customary rights of the local people particularly through the blockage of anchorage points, beach seine points and access to the sea and the lagoon.[6]

Near Panama on the eastern coast, more than 350 farmer families in Raigamwela and Shastrawela villages have been forcibly evicted from their lands by the military.[7] The appropriated land has been used for the construction of a tourist hotel. The affected communities have been denied access to their lands, even for agriculture, and are now living in precarious circumstances. There are attempts to prepare the lagoon near Panama, upon which local residents depend on for fishing, as a landing area for sea-planes which would transport tourists to the proposed hotels in that area.

Based on these experiences, other communities facing impending risk of forcible acquisition of their lands are pessimistic, with one affected woman observing that “people are now aware that development benefitting only a selected segment which throws hapless people out onto the streets is not development of the country.”[8] Her family, among hundreds living near the inland reservoir of Parakrama Samudra near Polonnaruwa, fear that they will lose access to their fishing waters once sea-planes and motorboats begin transporting tourists to the resorts. Over 30,000 farmers depending on the reservoir for water to irrigate their fields are concerned that tourism promoters will be privileged in decisions over water use and will manipulate the water levels in the dry season.

The environmental ramifications of infrastructure development has adversely affected the fishing community in Rathgama lagoon in southern Sri Lanka, who have been complaining of fish dying in large numbers since an estuary was blocked due to construction of a harbour which has connected the lagoon to the sea.[9] This construction is for the purpose of making the area attractive for the development of tourist hotels. The entry of sea water has also badly affected the crop from rice paddy lands which were irrigated by the lagoon.

Meanwhile, forced eviction is also carried out in the urban areas. For instance, in an informal settlement in Colombo known as “Seevali Pura”, the expansion of the Kelani Valley railway line, threatens 76 households with imminent forced eviction. These families have lived in their homes for decades. They have not received information on compensation, or of the possibility of resettlement in nearby areas to minimise the disruption to their lives and livelihoods.[10]

These emerging trends in Sri Lanka of undermining the rights of affected communities in favour of development projects by public or private entities are systematic in nature and contravene the spirit of the 1986 United Nations Declaration on the Right to Development which is best articulated in Article 2.3: “States have the right and the duty to formulate appropriate national development policies that aim at the constant improvement of the well-being of the entire population and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom”.

In this light, Forum-Asia calls upon the government of Sri Lanka:

To comply with its human rights obligations as a State party to the International Covenant on Economic, Social and Cultural Rights, to respect, protect and fulfil the right to adequate housing, including the right not to be forcibly evicted;

To abide by the directive principle of state policy enshrined in the Sri Lankan Constitution Article 27(c) to realise for all citizens “an adequate standard of living for themselves and their families, including adequate […] housing”;

To respect the customary rights of the people who depend on land, coastal areas, islands, tanks and aquatic resources for their livelihoods;

To ensure transparency and adequate publicity to land acquisitions and re-zoning of lands for non-agricultural purposes through the right to information;

To ensure the free, prior and informed consent and participation of local communities in economic activities in their areas to enable them to be the central subject of development;

To ensure that credible environmental and social impact assessments are carried out before authorisation is granted to development and infrastructure projects;

To ensure that those who have been resettled are provided with security of tenure in their new homes and lands, and receive adequate monetary compensation; and

To demilitarise conflict-affected areas through reducing the number and spread of security force personnel, and ensuring that administrative decisions including on land use are taken by civilian authorities in consultation with the community.

1) His Holiness, Pope Benedict XVI PP.
Bishop of Rome
Apostolic Palace
Via del Pellegrino
Citta del Vaticano
Vatican City State, 00120
Europe
phone: 011.3906.6988.10.22
email: av@pccs.va
fax: 011.3906.6988.53.73

His Excellency The Most Reverend Celestino Migliore
Permanent Observer of the Holy See to the United Nations
25 E. 39th St.
New York, N.Y. l00l6-0903
phone:
212-370-9614 [important - unlisted working number]
phone voice/data: 212-370-7885
fax: 2l2-370-9622
email: hsmission@holyseemission.org
email: HolySee@un.int
www.holyseemission.org
( unfortunately, this one also seems to be wrong. Mail returned to me.)

William Joseph Cardinal Levada.
Prefect for The Congregation for the Doctrine of the Faith and Pontifical Commission "Ecclesia Dei"
[Secretary: Luis Francisco Ladaria Ferrer, S.J.]
[Secretary of the Pontifical Commission "Ecclesia Dei" the Rev. Msgr. Guido Pozzo]
Piazza del S. Uffizio ll
00l93 Rome Italy
Europe
phone: 011.3906.69.88.33.57
phone: 011.3906.69.88.34.13
fax: 011.3906.69.88.34.09
email: cdf@cfaith.va
and
www.vatican.va/roman_curia/congregations/cfaith

Archbishop Raymond Leo Burke
Prefect
Apostolic Penitentiary
Supreme Tribunal of the Apostolic Signatura
Piazza della Cancelleria 1
00186, Rome, Italy
Europe
phone: 011.3906.69.88.75.26
phone: 011.3906.69.88.75.21
email: civcsva.pref@ccscrlife.va

[1] This statement has been prepared in association with three Sri Lankan non-governmental organizations: the National Fisheries Solidarity Organisation (NAFSO), Praja Abilasha Network (PAN), and the Law & Society Trust (LST) – members of the Peoples Alliance for the Right to Land (PARL) in Sri Lanka.

[2] Bhavani Fonseka and Mirak Raheem, “Trincomalee High Security Zone and Special Economic Zone”, Centre for Policy Alternatives, 2009, http://cpalanka.org/wp-content/uploads/2009/11/Trincomalee%20High%20Security%20Zone%20and%20Special%20Economic%20Zone.pdf

[3] Melani Manel Perera, “Colombos New Development Projects Must Protect, Not Destroy”, AsiaNews, 9 August 2011, http://www.asianews.it/news-en/Fishermen:-Colombo%E2%80%99s-new-development-projects-must-protect,-not-destroy-22579.html

[4] Nirmala Kannangara, “Illegal Clearing of Forests by Dole Lanka”, The Sunday Leader, 4 September 2011, http://www.thesundayleader.lk/2011/09/04/illegal-clearing-of-forests-by-dole-lanka

[5] Testimony at the Peoples Tribunal on Land-Grabbing and Displacement, Colombo, 31 January 2012, http://nafsoonline.blogspot.com/2012/01/peoples-tribunal-on-land-grabbing-and.html

[6] “Between the Fence and the Deep Sea – Report of an International Fact-Finding Mission on Tourist Development in Kalpitiya, Sri Lanka”, 16 March 2011, South Asia Citizens Web, http://www.sacw.net/IMG/pdf/Sri_Lanka_IFFM_final_report-16-03-11.pdf

[7] “Navy Accused of Land-Grab in Ampara”, BBC Sinhala.com, 4 July 2011, http://www.bbc.co.uk/sinhala/news/story/2011/07/110704_navy_panama_land.shtml

[8] Testimony at the Peoples Tribunal on Land-Grabbing and Displacement, Colombo, 31 January 2012, http://nafsoonline.blogspot.com/2012/01/peoples-tribunal-on-land-grabbing-and.html

[9] “Fish Dying in Large Numbers at Rathgama Lagoon”, News First.com, 5 February 2012, http://www.newsfirst.lk/english-news/?view=news_more&id=9097

[10] Testimony at the Peoples Tribunal on Land-Grabbing and Displacement, Colombo, 31 January 2012, http://nafsoonline.blogspot.com/2012/01/peoples-tribunal-on-land-grabbing-and.html

Brian Senewiratne

Brisbane, Australia. 6 April 2012

Brian Senewiratne

MA(Cantab), MBBChir(Cantab), MBBS (Hons) (Lond),

MD (Lond), FRCP(Lond), FRACP

Brian Senewiratne (80) is a Sinhalese from Sri Lanka’s majority community. He is one of the very few Sinhalese to campaign for the right of the Tamil people to live without their basic human rights being violated.

He is a doctor of Medicine, trained in Cambridge and London, who voluntarily returned to Sri Lanka as a don in the University in Kandy in 1968. When he was told that the country did not need a ‘troublemaker’, he left to take up a position in Brisbane, Australia, as Associate Professor of Medicine, University of Queensland, and a Senior Specialist Physician in Princess Alexandra Hospital, Brisbane.

His work in human rights goes back to 1948 (age 16), when he organised a protest in a Christian mission school in Colombo where he was a student. That was when a million Plantation Tamils of Indian origin, brought by the British in the mid 1850s to work on the tea plantations, were disenfranchised and decitizenised by the newly independent Ceylon (as it then was). A week later, he addressed a public meeting of some 2,000 people in a suburb of Colombo, to protest at this outrageous act.

Since 1956, when the ethnic Sri Lankan Tamils were discriminated against by the Sinhalese-dominated Sri Lankan, government, he took up the cause of this ethnic group to live with equality, dignity and without discrimination.

Over the past six decades, he has been highly critical of a succession of Sri Lankan governments irrespective of their political ideology. His criticism of the previous President, Chandrika Bandaranaike Kumaratunga, his cousin, has been severe, and of her successor, President Mahinda Rajapaksa, even more severe.

After arrival in Australia (1976) he has continued with dogged determination and resolve, to address the escalating violation of human rights in Sri Lanka.

He is a Christian whose mother was a devout Buddhist. He has vehemently criticised the politically active Buddhist monks, who see Sri Lanka as a Sinhalese-Buddhist country.

He has addressed scores of meetings across the world on the plight of the Tamils. He has met with Archbishop Desmond Tutu, and has addressed meetings in the British House of Commons, the European Parliament, Canadian Parliament and the Indian Parliamentary complex..

In addition to writing scores of articles, he has made a unique contribution by recording nearly a dozen dvds on the violation of human rights in Sri Lanka and the plight of the Tamil people. His last dvd, Sri Lanka: Genocide, Crimes against Humanity, Violation of International Law, has been circulated across the world. To obtain a copy of these (10 in total), send your postal address to him by email bsenewiratne@gmail.com or letter, POBox 5006, Mt Gravatt East, Australia 4122. There will be no charge. Since he works without secretarial help, there may be a slight delay in getting them.

His writings are in tamilcanadian.com, sangam.org and similar web sites. Some of his addresses are on ‘youtube’, as are some of his dvds.

He was the winner of the 2008 award by Canadians for Genocide Education “In recognition of his dedication to inclusivity and equity in genocide education.” His acceptance speech was on “Peace with Justice in Sri Lanka. Genocide of Sri Lankan Tamils, its Causes and Solution”.

4


[1] President George W. Bush, in a televised address to a joint session of Congress, 20th September 2001.

[2] They belong to Religious Orders such as Oblate of Mary Immaculate (OMI), Rosarians etc

[3] 95,000 volumes, including irreplaceable literary and historical documents, were burnt by the Sri Lankan Police and Armed Forces, under the direction of the then President J.R.Jayawardene, in what was an act of blatant ‘Cultural Genocide’. It is seen as the barbarity of Sinhalese politicians who seek physical as well as cultural obliteration.

[4] http://www.hrw.org/node/03600

[5] www.amnesty.org/en/library/info/ASA37/008/2011/en

[6] Most Rev Dr Rayappu Joseph, the Catholic Bishop of Mannar, Very Rev Fr Victor Sosai, the Vicar General of the Mannar Diocese, and Rev Fr Xavier Croos, the Representative of the Priest’s Form of Mannar)

[7] Government administrative centres)

[8] A Tamil political party, whose leader is a Minister in the Rajapaksa government. He and his thugs run a fiefdom in the Jaffna Peninsula, and do what they want with no accountability.

[9] A Tamil political party in the East, a breakaway from the Tamil Tigers, whose leader runs a fiefdom in the East. He and his supporters can do what they want with no questions asked, and no accountability.

[10] Prevention of Terrorism Act – based on a similar Act in Apartheid South Africa, which has been extensively criticized by Amnesty International. The Act has provisions that are above the Laws of the country, and makes a mockery of the Rule of Law and even of the Constitution.

[11] Liberation Tigers of Tamil Eelam – the Tamil Tigers.

[12] The Queen of Deceit published in Sri Lanka in 2007 which deals with the previous President, Chandrika Bandaranaike Kumaratunga

[13]The Sunday Leader 4 April 2010. Editorial :Lets not create a ‘Democratic’ King

[14] http://www.srilankabrief.org/2012/03/should-summon-bishop-of-mannar-to.html

[15] http://groundviews.org/2012/04/23/bigoted-monksand-militant-mobs-is-this--buddhism-in-sri- lanka-today/Bigoted monks and militant mobs: Is this Buddhism in Sri Lanka today?

[16] http://www.cablegatesearch.net/cable.php?id=06COLOMBO2095

[17] A Travesty of Justice in Sri Lanka. http://www.amnesty.org.au/news/comments/18092/

[18] http://www.thesundayleader.lk/2010/05/02/meet-the-real-mervyn-silva

[19] Poddala Jayantha, a senior Sinhalese journalist in the Lake House group of newspapers, was assaulted and very nearly killed. He had to flee the country.

[20] President Rajapaksa’s father

[21] http://groundviews.org/2012/04/05/horrible-rise-of-disapparances-in-post-war=sri-lanka-continues-unabated

[22] http//www.amnesty.org/en/library/asset/ASA37/006/2012/en/dc400b0c-dcb6511bb50b/asa370062012en.pdf

[23] Laura Dupuy Lasserre, a career diplomat from Uruguay, President UNHRC for the current session.

[24] http://www.sangam.org/2012/02/TNA_SituationReport.pdf

[25] Asia Report No 217 -20 December 2011

http://www.crisisgroup.org/~/media/Files/asia/south-asia/sri-anka/217%20Sri%20Lanka%20-%20Womens%20Insecurity%20in%20the%20North%20and%20East%20KO.pdf

[26] http://groundviews.org/2012/02/05/mr-minister-my-name-is-sunanda-deshapriya-i-am-not-a-terrorist/

[27] http://www.hrw.org/news/2007/04/15/sri-lanka-letter-pope-benedict-xvi-situation-sri-lanka

[28] The Convention on the Prevention and Punishment of Genocide, the Convention relating to the Status of Refugees, Convention against Torture, Convention on the Rights of the Child, Convention for the Protection of All persons from Enforced Disappearances, Convention on the Elimination of all forms of Racial discrimination, Convention on the elimination of all forms of discrimination against women, and more.

[29] http://www.srilankaguardian.org/2011/01/llrc-submission-by-catholic-diocese-of.html

[30] Local village leaders

[31] Woven palm leaves

[32] http://www.scribd.com/fullscreen/83208230-CS-Response-to-Speech-Feb-2012-FINAL?access_key=key-3szuxcd2ta360nmtijl

[33] For example, over 100 persons were assaulted by the police and military in Navaanthurai Jaffna in August 2011 with over 50 persons filing fundamental rights applications in the Supreme Court in September 2011. in this incident, all those who were detained by the police were asked to sign statements in Sinhala when none know the language, violating their language rights as provided in Article 22 of the Constitution.





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