Commission on Human Rights

 

 

An Appeal to

The United Nations

Commission on Human Rights

 

 

 

57 Session / Sesiones

19 / 03 / 2001 -- 27 / 04 /2001

 

 

 

 

No one was left to speak up !

 

 

We cannot afford indifference, individually or collectively. Let us heed the unforgettable warning of the German theologian Martin Niemoller:

"In Germany they came first for the Communists, and I didn't speak up because I wasn't a Communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics, and I didn't speak up because I was a Protestant. "Then they came for me, and by that time no one was left to speak up."

 

Excerpts from the Statement by Mr. Kofi Annan, Secretary-General of the United Nations -  54th session of the Commission on Human Rights - Geneva, 16 March 1998

 

 

********

 

No government has the right to hide behind national sovereignty in order to violate the human rights

 

…………..And let me therefore be very clear: even though we are an organization of Member States, the rights and ideals the United Nations exists to protect are those of peoples. As long as I am Secretary-General, the United Nations as an institution will always place human being at the centre of everything we do. No government has the right to hide behind national sovereignty in order to violate the human rights or fundamental freedoms of its peoples. Whether a person belongs to the minority or the majority, that person's human rights and fundamental freedoms are sacred.

 

Excerpts from the Statement by Mr. Kofi Annan, Secretary-General of the United Nations

-  55th session of the Commission on Human Rights - Geneva, 7 April 1999

 

 

*************

 

Violations of human rights are no longer

 considered an internal matter

 

The obligation of Government is made still weightier by the fact that the defence of human rights is universal in nature. Violations of human rights are no longer considered an internal matter. International human rights law is emphatic that when human rights are being violated the international community has a right and a duty to respond, and to come to the assistance of the victims.

 

Excerpts from the Statement by Mr. Kofi Annan, Secretary-General of the United Nations

-  56th session of the Commission on Human Rights - Geneva, 4 April 2000

 

 

Contents

                                                                                                                                                                                                                                                                                                Page

            TCHR appeal to the 57th session                                                                              05

 

Reports

1 -        General

                        Foreign loan to Sri Lanka ­ year 2000                                                              07

                        Arms purchase by Sri Lanka ­ Defence expenditure                                                  09

                        Sri Lanka Arms purchase ­ year 2000                                                              10

A few noteworthy human rights violations by Sri Lanka                                      11

                        Fact and figures of 18 years war                                                                                   12

                        Comparison:     PLO-Kosovo-Tamil                                                                 13

                       

2 -        Promotion and protection of Human Rights

                        Assassination of a Human Rights defender ­ Kumar Ponnambalam        

Government sponsored killers                                                               14

            United Nations raised concern

Key witness tortured                                                            

                                    Letter from Attorney at Law of the family of late Ponnambalam              15

                                    Kumar Ponnambalam defended Sinhalese                                                         16

                                    Police say 15 most wanted criminals escape abroad                                         

 

3 -        The right of peoples to self-determination  

                                    Sri Lanka talks peace only when it faces an election                                           17

LTTE Unilateral cease-fire                                                                   

10 Tamil parties appeal for cease-fire   

Recognise the right to self-determination of Tamils                                             18

                                    10,000 demonstrated in Jaffna                                                             

                                    Declaration by representatives of University of Jaffna                                         19

                                    Batticaloa University for cease-fire, self-determination                          

                                    LTTE leader offers peace talk, Prime Minister vows war                                   21

 

4 -        Economic, social and cultural rights                                                              22

                        Right to Housing                                                                                           

                                    80% Houses damaged in Jaffna                                                             23

                        Right to Food                                                                                                

                                    350,000 without food and essential supplies                                                     

                                    Withdrawal of relief payment to over 90,000                                                    

                        Right to Health                                                                                                         

                                    3807 patients transported by ship to Trincomalee                                              24                                Deaths due to malnutrition                                                                                

                                    Hospitals closed ­ no longer accepting patients                                      25                                Vanni region further deteriorated                                                                    

                                    42 lost limbs                                                                                         26                                Medical officer killed                                                                           

                                    Press release of Medicine sans Frontieres (MSF)                                             

                        Right to Education                                                                                         27                                270,000 Children displaced                                                                 

                                    58 undergraduates arrested                                                                              

                                    School boy abducted and tortured                                                                   

                                    75 schools defunct                                                                                28                    Right to Work                                                                                                  

                                    Farmers, Fisherman, Labourers, Traders affected by embargo                          

                                    7 farmers killed                                                                                     29

Colonisation                                                                                                   30

            Tamil-Sinhala population in Eastern province                                        

            Sinhala settlement                                                                                

            Tamil-Sinhala population in Batticaloa district                                       

            Tamil-Sinhala population in Amparai district                                         

Tamil-Sinhala population in Trincomalee district                                     31

 

                                    2

5 -        Civil and political rights                                                                                            

                        State of emergency                                                                                       

                                    27 years of emergency rule                                                                   32

                                    Emergency context in North and East Sri Lanka

                                    New emergency regulations                                                                  33

                                    22 years of Prevention of Terrorism Act - PTA                                     34

Torture                                                                                                                      

                                    The sexual abuse of male detainees                                                                   34

                                    Deported Tamils face Torture                                                              

                        Detention

                                    Year 2000 - over 18,000 arrested under PTA-ER                                            35

9 under-graduates arrested                                                                              

                                    Military death squads                                                                           

                                    Parliamentarian arrested                                                                                   

                                    144 Government - run places of detention                                                         36

                        Disappearances        

                                    Visit to Sri Lanka by a member of UN working group                                                                           Disappearances on the rise ­ Amnesty                                                  37

                                    Chemmani mass grave: cover-up continues!                                                      

                        Summary executions 

Special rapporteurs observations                                                                       38

                                    It’s better to kill the people                                                                  

                                    Sri Lanka Navy officer committed war crime ­ Australian court

                                    Army shot five people in Mosque                                                                      39

                                    Youth beheaded by Army                                                                                                                     6 Plantation workers shot dead                                                            

Massacres                                                                                                     

                                    31 killed in detention centre                                                                   40

                                    UN Secretary-General Kofi Annan, distressed by killings                                 

                                    ICRC - Amnesty

                                    Recent massacres and major killings                                                           41                                Barbaric killings on the increase in Sri Lanka                                         42                                9th year of Batticaloa massacre                                                                     

                        Death Penalty                                                                                                           

                                    Executions may be resumed after 24 years in Sri Lanka                         43

                         Freedom of expression                                                                                                                                 At least 31 journalists killed in Sri Lanka                                                           44

                                    Brutal killing of a journalist                                                              

                                                Nirmalarajan received death threats                                                      

                                                Person responsible for killing may even roam corridors of power           45

                                                Bravely reported on the vote rigging, intimidation and violence  

                                                Suspicion fallen on EPDP                                                         

                                    Annual report ­ Reporters without borders                                    

                                                29 journalists assaulted                                                             46

                                                Journalists killed            - jailed - threatened - attacked                         

                                                Pressure and obstruction                                                                      

                                    Journalist arrested and tortured in custody in Colombo                          47

                                    Foreign media censored                                                                                   

                                    Newspapers shut down                       

Administration of justice                                                                   

                                    Anti-Tamil protesters threaten Human Rights Lawyer at UN                              48                                WFDY condemned the anti-Tamil demonstration                     

Dr. Jayalath Jeyawardena, MP's complaint before UN

MPs voted against emergency sought asylum in UK                                           49

                        Impunity

                                    Sri Lanka prepares for the UN Commission on Human Rights                                                   Religious intolerance                                                                                    

                                    75 Hindu temples closed                                                                                   50

                                    Buddhism further strengthened in draft (new) constitution                                  

                                    15 Temple employees and priest arrested                                                         

                                    Permission refused for Catholic procession                                                       

                        British charity bombed in Sri Lanka                                                                  

                        Communal violence in up-country                                                                                  51

3

 

6 -        Violence against women                                                                                           

                        UN expert Mr. Paul Sergio Pinheiro                                                                 

Gang-rape and murder case-still no convictions!                                                                           52

Many gang-rape and murder cases

70-Year old woman raped

Dangers faced by displaced women and girls

Woman farmer killed and mutilated                                                                                                   53

Women's lives affected in every area

Two young women tortured by male Police

Special task force rape

Pregnant women threatened by shortage of medicines

Sterilisation as a form of genocide

 

7 -        Rights of the child                                                                                                     

                        900,000 children lack education, food and shelter                                                         54

Children forced to feel the heat of battle

                        Extra-judicial killings of children.

 

8 -        Mass exoduses and displaced persons                                                                                             Thousand forced to leave Jaffna ­ UNHCR                                                                      55                    Refugees from Sri Lanka kept like cattle                                                                     

                        Humanitarian disaster faces civilians in Vanni                                                     56

                        Over 160,000 forced out of their homes ­ ICRC                                                         

                        12,000 displaced ­ arrests, disappearances continue                                                    

                        Problem face by deportees from host countries ­ EUROPE                                           57                                           

9 -        The right to development                                                                                         

                        UN Official turns Activist                                                                                             

                        Bogus Human rights organisation for ECOSOC status                                       58                    Statement by 6 lecturers of University of Jaffna on UTHR (J)                                      59

                        Assassination “Hit list” prepared by Sri Lanka propagandists                                         60

Human rights commission covering up for the government                                              61

                        The Law of the jungle                                                                                       63                                                                                                       

10 -      Summary report (names, dates, places of incidents, etc)

                        Detainees under PTA in Kalutara prison                                                                        64

Arbitrary arrest / Detention                                                                               89

                        Extra judicial killings / summary executions                                                                    93

                        Enforced or involuntary disappearances                                                             100

                        Rape / Torture and others                                                                                             105

 

ANNEXES:

1 -        Speech of Jaffna district judge ­ Mr. M. Thirunavukarasu                                                          112

2 -        Members of the European Parliament                                                                            113

3 -        The massacre of Tamil youths ­ Dr. Brian Seneviratne (A Sinhalese academic)                          114

4 -        14 US Congressmen appeal to Sri Lanka                      - June 29, 2000                                                116

5 -        Congressmen writes to Madeleine K. Albright   - October 30, 2000                              117

6 -        European Union calls for Sri Lanka to enter talks                                                                       118

7 -        Human Rights watch ­ world report 2001                                                                                 119

 

 

 

 

 

 

 

 

 

 

 

4

 

 

            March 19 2001

The Chairperson and Members

57th Session of the

Commission on Human Rights

United Nations

1211 Geneva 10, Switzerland

 

Honoured Sirs / Mesdames,

 

In a report (E/CN.4/2000/12) submitted to the last Session of the Commission on Human Rights - the High Commissioner for Human Rights, Mary Robinson, recalled with sadness a warning given by the former Special Rapporteur on Extra-judicial and Summary or Arbitrary Executions. In his 1993 report he stated that the situation in Rwanda had deteriorated to such an extent as to raise the distinct possibility that genocidal acts would take place. This warning, although issued well in time, went unheeded. No action was taken.

 

Sirs / Mesdames, The same Special Rapporteur visited Sri Lanka from 24 August to 5 September 1997 and submitted a report, (E/CN.4/1998/Add.2), the warnings of which go unheeded!

 

We, in TCHR, have repeatedly mentioned as an early warning, the on-going systematic cultural genocide and gross violations of fundamental human rights of the Tamil people in the island of Sri Lanka and in particular the denial of the right to life. We have called for all possible preventive measures to be urgently taken by the UN Human Rights forums.

 

Sirs / Mesdames, the reports of the UN Special rapporteurs and the Working groups and furthermore the statements by international NGOs to every Commission on Human Rights and Sub-Commission on Human Rights clearly indicate that there is imminent danger in Sri Lanka!  The Human Rights situation in Sri Lanka is far from improving - in fact it is rapidly deteriorating.

 

Senior personnel of the UN have reminded us that "Naming and Shaming" is one of the preventive techniques. Therefore the appeals, reports, joint-statements, interventions, written statements, and other communications to the UN Human rights forums are vitally important. Human rights advocacy on the situation in Sri Lanka should continue at any cost.

 

Sri Lanka enters into costly public relations contracts to influence the media internationally, and cover up its horrendous human rights record. In addition, Sri Lanka adopts a policy of entering gradually and imperceptibly into the arena of high level people from the International Community. The intention is to convey propaganda far more powerfully through these personal contacts than can be done by the government on its own!

 

Censorship of local press is heavily used by the Sri Lankan government to distort the real picture of what is happening. Military-guided press tours, and the denial of free access to many parts of the Tamil hereditary areas, to local and foreign journalists, also contribute to biased reporting.

 

Sirs / Mesdames, The government of Sri Lanka applies various methods to carry out ethnic cleansing in the island.

 

Firstly, the Sinhala constitution denies fundamental and political rights to the Tamil people. Even the draft (new) constitution was rejected by all Tamil parties because it failed to meet any Tamil aspirations.

 

Secondly, the introduction of the Prevention of Terrorism Act (PTA) in 1979 and 27 years of emergency rule (ER) have inflicted terror upon the Tamil people in the island. ER and the PTA permit the Sri Lanka security forces to arrest, torture, rape and kill the Tamils with impunity. The PTA has given a free hand to the security forces to shoot people in cold blood in the name of "fighting terrorism". The arbitrary killing of Lawyers, journalists, religious leaders, students, continuous massacres and Mafia style killings, etc - are not war against terrorism.

 

Thirdly, the ten-year enforcement of an economic embargo to the Tamil hereditary regions stops the supply of food, medicine and other essential items.

 

Sirs / Mesdames, the present UN sanctions on Iraq and Libya, and the earlier one on South Africa were intended to persuade those governments to respect UN resolutions. But the economic embargo enforced by the government of Sri Lanka on the people in the island's North-East, whom it claims are its own citizens, is bizarre!

5

 

There are many ethnic conflicts around the world and not a single country  other  than Sri Lanka has enforced an economic embargo on its own citizens. This embargo is starving the people to death and imposing dire hardships and immense difficulties - it is calculated to do so.

 

Sirs / Mesdames, in addition to the economic embargo, Sri Lanka recently purchased large quantities of arms and ammunition which are normally used only in wars between two countries! - especially Multi-barrel rocket launchers (MBRLs) and Kfir bomber jets. The use of these types of arms and artillery, along with the enforced embargo, surely contradicts the government's claim that the conflict in the island of Sri Lanka, is an "internal affair"!

 

In a speech to the 56th Session of the Commission on Human Rights, on April 4 2000, Mr Kofi Annan, Secretary-General of the UN said, " The obligation of Government is made still weightier by the fact that the defence of human rights is universal in nature. Violations of human rights are no longer considered an internal matter. International human rights law is emphatic that when human rights are being violated the international community has a right and duty to respond, and to come to the assistance of the victims."

 

Fourthly, Sri Lanka signs agreements with other countries for the repatriation of Tamil refugees, whilst at the same time justifying internationally its atrocities against Tamils. By forced repatriation of Tamil refugees to Sri Lanka - the Sri Lankan government harasses Tamil people internationally as well as within the island.

 

In recent months, many newspapers including some based in Colombo, have published a news item saying that 63 westerners and Tamils, who expose the true situation in Sri Lanka, have been marked for assassination by Sri Lankan propagandists! The same news item clearly states that the Sri Lanka ministry of foreign affairs has a hand in it. Until today, the contents of this news item have not been denied by the government of Sri Lanka! Recent incidents in foreign countries have proved that the propagandists have already started to target the people in the list.

Sirs / Mesdames, the government of Sri Lanka which talks of peace, to the international community, has failed to respond positively to the one month unilateral cease-fire declared by the Liberation Tigers of Tamil Eelam - LTTE, on 24 December 2000 which was prolonged for another one month, until 24 February 2001. All the Tamil political parties except one party (which was involved in the recent brutal killing of a senior journalist and which has a ministerial post in the present government) asked the government to respond positively to the LTTE cease-fire. However the government rejected the request by 10 Tamil political parties - all of which have MPs in the parliament and continues its military solution to the island’s bloody conflict. The LTTE, however, extended their unilateral cease-fire for a second time, on 22 February 2001, until 24 March 2001. On the same day, 22 February, the government yet again rejected the cease-fire offer.  

Sirs / Mesdames, If we analyse the past activities of Sri Lanka, the following disturbing truth becomes crystal clear. Sri Lanka has a regular habit of PRETENDING to take some action on the massive human violations only a FEW WEEKS before the beginning of the UN Commission on Human Rights and Sub-Commission on Promotion and Protection of Human Rights. These hollow promises of action are intended to avoid or counter any criticism that may be made by these UN forums, rather than to vigorously promote and protect human rights in real and effective terms.  We are sure that every peace-loving citizen of this world will have noticed these tactics of Sri Lanka.

We are sad to inform this august forum that the Sri Lankan government has still not taken any positive steps to investigate the assassination of Kumar Ponnambalam. He was killed by so-called "unknown" gunmen on 5 January 2000. NGOs urged the 56th Session of the Commission and the 52nd Session of the Sub-Commission to take up the issue with the government of Sri Lanka in favour of the establishment of an independent inquiry into the assassination of Mr Ponnambalam.

 

Sirs / Mesdames, distinguished Chair and Members of the Commission, we urge you to take our appeal into your kind consideration and to reflect on it as a call for action to be taken to prevent further gross and systematic violations and genocidal acts. We believe that this Commission CAN be a vehicle to express the noble values and aspirations for humanity that underpin the UDHR and all the Covenants and Conventions established to promote and protect human rights. We appeal to you from the depths of our hearts and in the name of humanity, to take action.   

 

Thanking you,                                                                           

S. V. Kirubaharan

                                                                                                General Secretary - TCHR/CTDH

6

 

ARMS PURCHASE BY SRI LANKA !

Tamil Centre for Human Rights - TCHR/CTDH                                Email : tchrgs@hotmail.com /  tchrdip@hotmail.com

 

Sri Lankan official defence outlays in 1998 were Rs 57.2bn ($886m), some Rs 12.2m ($189m) over budget.  If outlays for  paramilitary forces are added, the total is estimated at Rs 63bn ($97m). Recent army acquisitions include 36 type 66 152 mm towed artillery from China, while the Air Force is to acquire two modernised Mi 5 (The export variant of the Mi 24) armed helicopters from Russia in 1999. (Excerpts from "The Military Balance 1999-2000")

 

 

Defence expenditure

 

(Comparisons of defence expenditure and military manpower in 1985, 1997 and 1998)

 

            (US $ m)                                (US $ per capita)                             (% of GDP)  

 

1985   1997   1998                           1985   1997   1998                           1985   1997   1998

 

325     949     956                             21        51        51                                3.8       6.4       6.1

 

 

                                               

Numbers in                          Estimated                 Paramilitary

armed            forces                                    Reservists                           

(000)                                       (000)                           (000)

 

1985   1998                           1998                           1998  

 

21.6    115.0                          4.2                               110.2

 

 

Arms deliveries to Sri Lanka :

 

Year                            US $ M

 

1987                                                           68

1992                                                               5

1993                                                             22

1994                                                            107

1995                                                            167

1996                                                            209

1997                                                            261

1998                                                            250

 

 

(Courtesy "The Military Balance 1999-2000" - The International Institute for strategic studies)

 

Sri Lankan government is more focussed on intensifying the war than de-escalating it.  Sri Lankan government sought and received increased military assistance from key donors and cultivated relations with potential arms suppliers, including Israel.  Norway, India and the United States played major roles in as yet unsuccessful efforts to bring about negotiations between the warring parties (Human Rights  watch, 2001).

 

 

 

 

 

 

 

9

A few noteworthy  Human Rights violations by Sri Lanka 

Tamil Centre for Human Rights - TCHR/CTDH                                Email : tchrgs@hotmail.com /  tchrdip@hotmail.com

 

1948   The Citizenship Act disenfranchising Indian Tamil Plantation workers was passed in Parliament. One million 3rd generation plantation workers were living in the island for over 115 years. They were brought to the island by the British from South India to work in Tea and Rubber plantations in the hill country. 100,000 plantation Tamils were victimised.

 

1956   The "Sinhala Only" Act was passed in the Sri Lankan Parliament. This Act made "Sinhala" as a compulsory language for Tamils. Tamils staged peaceful protests in Colombo and Gal Oya. 150 Tamils were burnt or hacked to death; 20 women were raped; 3000 were made refugees and their properties were looted by the Sinhala mobs.

 

1958   Anti Tamil riots in Sinhala areas. Massacre of Tamils, looting of their properties, setting fire to their houses and even burning Tamils alive! 25,000 Tamils were made refugees; 500 Tamils were burnt or hacked to death; 200 Women were raped and Tamil properties were looted or destroyed by Sinhala mobs.

 

1961   Tamil non-violent (Satyagraha) civil disobedience campaign in the North-East was disrupted by the Sri Lankan security forces, protesters were beaten and arrested.

 

1964    The pact (Srima-Shastri) to evacuate Tamil plantation workers of Indian origin was signed. They were living in the Island for over 115 years. 650,000 Plantation Tamils became stateless persons.

 

1972   Equal education opportunities for Tamil students were denied. Standardisation on University admission  was introduced.

 

1974   The Fourth International Tamil research Conference held on 10/01/1974 in Jaffna was disrupted by the Sri Lanka Police. 9 Tamils were brutally killed.

 

1979   Prevention of Terrorism Act (PTA) was introduced in Sri Lanka. This Act gives free hand to the Security forces to arrest, detain, torture, rape, kill and dispose of bodies with impunity. Arrested people could be detained for eighteen months without being produced in courts. (July)

 

1981   The Jaffna Public Library containing 95,000 volumes was completely destroyed in a fire set by a group of Police officers who went on a rampage in the Jaffna city on May 31, 1981. 95,000 volumes of unrecoverable - invaluable books were burnt.

 

1983   The Government masterminded anti-Tamil riots in July 1983. More than 6,000 Tamils were killed by the Sinhalese in the South. Tamil houses and businesses were looted and destroyed. Tamils living in the South were sent in ships to the North and East by the government. 250,000 Tamils were made refugees; 2,500 Tamils were burnt or hacked to death; 500 women were raped; 53 Tamils political prisoners were brutally murdered in the maximum security Welikada prison on 25-27 July.

 

1984   Tamils living in the North-East were arrested tortured and killed. Women were raped, many disappeared. Tamil properties were looted or destroyed by the Sri Lankan security forces. Air Force bombers dropped napalm bombs in residential areas causing severe loss and damage to Tamil people and their property. All these continues…….

 

The Prevention of Terrorism Act (PTA) and the Emergency Regulations (ER) adopted by the government are helping the security forces to carry on with all sorts of human rights violations with impunity.

 

1990   Economic embargo in Tamil areas. Food, medicine, electricity and other important items are denied to the Tamils. It continues…….

 

 

11

 

 

FACTS AND FIGURES OF 18 YEAR WAR

AGAINST THE TAMIL PEOPLE

 

Tamil Centre for Human Rights - TCHR/CTDH                                Email : tchrgs@hotmail.com / tchrdip@hotmail.com

 

 

70,000      Tamils have been killed in the North-East of the Island. This number is three percent (3%) of the total Tamil population of the Island. In other words, an average of nine (9) Tamils have  been killed every day; or for every 50 Tamils living one had been killed.

 

460,000    Tamils have sought refugee status in Europe and other countries. This is 16% of the Tamil population

 

 

1000,000 Tamils are displaced within the North-East of the Island. This is 40% of the Tamil population.

 

 

250,000    Tamil children's education affected due to either the destruction of school buildings through aerial bombings or conversion of school buildings into military camps.

 

 

60,000      Families have lost their bread winners. More than 40,000 women are forced to be widows.

 

 

300,000    Tamil houses destroyed in the North-East. Nearly 900,000 to 1,000,000 people are without shelter and most of them live in shrub jungles or under trees.

 

 

2000         Buildings of religious places, such as Churches and Temples have been destroyed in aerial bombings.

 

 

(TCHR - Information accumulated from local news papers, religious heads, NGOs and others )

 

*****

 

SRI LANKAN GOVERNMENT SECURITY FORCES PERSECUTE TAMILS THROUGHOUT THE ISLAND

(53rd Session of the UN Commission on Human Rights - 25 March 1997)

 

The Sri Lankan Government security forces persecute Tamils throughout the island with arbitrary arrests, indefinite detention, torture, involuntary disappearances and extra-judicial killings. In short, every Tamil man or woman has become a target.

 

The Sri Lankan Government also permits the existence of shadowy para-military groups, who are really hitmen and henchmen of poor-calibre politicians, who also indulge in the crimes mentioned above.

 

by the late Mr. G. G. Ponnambalam

Humanitarian Law Project - USA

 

(Mr. G. G. Ponnambalam - assassinated by so-called unknown gunmen on 5/1/2000)

 

 

 

 

12

 

PROMOTION AND PROTECTION OF HUMAN RIGHTS

 

Assassination of a Human rights defender - Kumar Ponnambalam

 

Government sponsored killers

(TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH Ref:  AC/13/01 - PRESS RELEASE 05 January 2001)

5th January 2000 was a nightmare to every peace-loving citizen of this world. It was the day when yet another barbaric act was committed by the government of Sri Lanka.

Mr. G. G. Ponnambalam Jnr. - known to everyone as Kumar Ponnambalam was assassinated by Sri Lankan government-sponsored killers. At 10.00am on 5th January he was shot dead in cold blood in Wellawatta-Colombo, Sri Lanka.

 

Mr. Ponnambalam, living in Colombo, had courageously presented internationally - the deteriorating human rights situation, which is far from improving in Sri Lanka. For several years, he spoke on these matters in international arenas, such as the United Nations Commission on Human Rights - Geneva-Switzerland, Council of Europe - Strasbourg-France, European Parliament - Brussels-Belgium, Royal Institute of International Affairs - London, United Kingdom. Also he delivered speeches in many seminars and conferences in Canada, Denmark, Germany, Netherlands and USA.

A year has now passed and there has been no development at all in the investigation of this assassination, despite many clues. It was masterminded and carried out by government sponsored killers, whom the government is systematically protecting.

Sri Lanka is called a SOCIALIST, DEMOCRATIC, REPUBLIC-yet could neither find the culprit nor investigate the assassination of Kumar Ponnambalam, which took place in broad daylight in the capital, Colombo. Several news items indicate proof that the government has covered up this incident. (Excerpts)

United Nations raised concern

 

1 - Concerns were raised promptly by the United Nations Special Rapporteur for the Independence of Judges and Lawyers (Report No. E/CN.4/2000/61 -21 February 2000).

 

2 - On 15 August 2000, during the 52nd session of the UN Sub Commission on the promotion and protection of human rights, a Member and an Expert Mr. Louis Joinet, raised his concern in a speech made about Mr. Kumar Ponnambalam. Mr. Louis Joinet said, "I met Mr. Kumar Ponnambalam here in the United Nations during a previous session. He had told me personally of his fears due to the fact that he had been verbally threatened and certain media had written attacks against him. Immediately, I had made an appointment with the Ambassador of Sri Lanka, whom I met in this building. I talked the matter over with him, bringing to his notice these threats to Mr. Ponnambalam. Mr. Ponnambalam's fears proved to be right and he is no more alive!".

 

Key witness tortured !

 

According to a letter written by Attorney-at-Law, and Member of Parliament, Mr Appathuray Vinayagamoorthy on 19 February, a key witness in connection with the assassination of Mr Kumar Ponnambalam on 5 January 2000, was arrested and tortured.

 

Mr Siva was arrested in mid-January by the CDB and severely tortured. His distressed family contacted the family of the late Mr Kumar Ponnambalam. Later Mr Vinayagamoorthy intervened to secure the release of the innocent witness.

 

On 3 July 2000, witnesses were forced to demand that suspects in an identification parade open their mouths to expose their teeth - they had been instructed to choose the person with malformed teeth!! The incident was well-publicised in the Colombo media and proved that the investigations into Kumar's assassination were manipulated and attempts were made to mislead the witnesses.

 

The recent arrest and torture of the key witness, Mr Siva, clearly indicate an attempt to cover-up the assassination of Kumar in yet another way, and to confuse matters even more. There are strong clues in the case - but nothing has been done to properly investigate them yet.

14

Attorney at law of the family of the late Mr. Kumar Ponnambalam

 

15, Siripa Lane, Colombo 5            16/7/2000

The Hon. Attorney General

Colombo 12

 

Dear Sir,

ASSASSINATION OF MR. KUMAR PONNAMBALAM

Along with Mr. A. M. B. Kiribanda, Attorney at law and instructed by Mr. Ravi Matugama, Attorney at law, I write on behalf of the family of the late Mr. Kumar Ponnambalam.

 

The investigation into the killing of Mr. Ponnambalam, which took place in January 2000, had been placed in charge of Mr. Bandula Wickremasinghe, Senior Superintendent of Police and head of the CDB. This letter is to request you to direct that Mr. Wickremasinghe be removed from having anything to do with this investigation and that an impartial police officer be placed in charge of it. The reasons for this unusual application are as follows.

 

Mr. Bandula Wickremasinghe is a police officer who has been fined a sum of Rs. 50,000 personal on him on account of his illegal arrest of Mr. Mahanama Tillekeratne, High Court Judge. Additionally, his conduct was such that Their Lordships Court are holding proceedings to deal with him for contempt of Court. Further his conduct vis-à-vis this investigation shows that his sole objective appears to be exonerate the Government of any complicity in the killing of Mr. Ponnambalam at whatever cost.

 

A day after the killing of Mr. Ponnambalam, Mr. Wickremasinghe called Mrs. Ponnambalam and in the course of his conversation with her, has asked her whom she suspects. Assuming him to be impartial - a wholly erroneous impression - Mrs. Ponnambalam had told him that in view of the attacks on the government by Mr. Ponnambalam, she suspected that the killing was done by a government official at the instigation of a very high personage. Mr. Wickremasinghe who had not yet started to investigate this case, immediately scoffed at it and said that this government would not do such a thing and that the EPDP was behind it.

 

From time to time, he rang up members of the family and attempted to justify his theory and on one occasion even went to the extent of saying that two people were seen there wearing jeans which were similar to those worn by the 'boys', suggesting thereby that the LTTE may have had a hand in it. Meanwhile, various persons were arrested from time to time and witness Thomas and Siva were taken and shown the suspects and shown photographs of further suspects. None of them, however, were identified.

 

Mrs. Ponnambalam and her family went abroad and were away for about six weeks and returned on the 21st of April. A day or two later, the family was informed by Mr. Wickremasinghe that investigations were over and that the LTTE were definitely behind it. This was refuted completely by the Ponnambalam family as the leader of the LTTE had conferred a title on him equivalent to being a 'great, great man' - hardly the conduct of assassins of Mr. Ponnambalam.

 

On the 15th of June, Mr. Wickremasinghe who seems to specialise in press interviews - informed the press that there was a call from a RPC who claimed that he was responsible for the killing of Mr. Ponnambalam and that he had utilised the services of one Moratuva Saman and Sankeewa. At this briefing, Mr. Wickremasinghe revealed - and that was highly improper and totally unfair by Moratuva Saman and Sanjeewa - that they made confessions and that a pistol was recovered under Section 27 of the Evidence Ordinance. What kind of justice could be meted out to these two persons as this has already been publicised.

 

Further, on the 3rd of July, there was an identification parade at MC Mt. Laviniya to identify, if possible a suspect said to be Shantha. Mr. Thomas was taken to the CDB where witness Mr. Siva had already been brought. Thereafter, both of them had been told specifically by Mr. Wickremasinghe to ask the people in the parade to expose their teeth as the correct person would have a deformity in the teeth. Fortunately, the witnesses had a better sense of justice than Mr. Wickremasighe and failed to identify any suspect.

 

 

 

 

 

15

Considering the track record of Mr. Wickremasighe coupled with his conviction by  Their Lordships Court on the violation of the fundamental right of Mr. Mahanama Tillekeratne and his subsequent efforts to defend the government, Mr. Ponnambalam's death can never be solved by him.

 

It is, therefore, submitted that in the interests of justice as far as the late Mr. Ponnambalam is concerned, the CID be detailed to investigate his killing.

                                                                                                Yours Faithfully,

                                                                                                Daya Perera - President's Counsel

 

Kumar Ponnambalam defended Sinhalese


Six months after the assassination these are the thoughts I wanted to express at Kumar’s funeral but , I didn’t get an opportunity . I write as a minister of the Christian church, as a member of a peace organisation namely the Sri Lanka Group of the World Solidarity Forum for Justice and Peace in Sri Lanka, and as a member of the Sinhala Community. I had known Kumar Ponapalam as a friend and a person with whom I had worked in the progressive people’s movement . He was genuinely committed and a loveable person. I first came to know him in the seventies when he readily responded to my request to defend a Sinhala insurgent from a remote village in a murder case. He undertook the case free of charge and won the case. That Sinhala village youth is now a respected member of society.

 

There were others whom he helped in this way , including one who became an outstanding peasant and human rights organiser. Then we have worked together in the peace movement when he was a member of the World Solidarity Forum. Later our views diverged on the ethnic issues. However I disagreed with him I must acknowledge that he emphasised a point of view , a certain dimension , shall we say , that was seriously distorted and neglected by others. It was a side of things that needed to be emphasised and he stood practically alone in this and in doing so he showed outstanding, amazing courage. It could well be said that he was unbalanced and it was counter -productive but his inflexible courage and single-minded determinations were beyond question.  (An appreciation by Revd. Yohan Devananda - Excerpts from The Island - Wednesday July 5th, 2000)

 

 

Police say 15 most wanted criminals escape abroad !

 

Frederica Jansz in Colombo, 11 a.m. SLT Tuesday November 7, The police say that 15 of the most wanted underworld gangsters have fled the country. Colombo DIG Bodhi Liyanage claimed today that many of the underworld kingpins have fled to countries like India, Italy, France and the Middle East. The police, he said, have stepped up a crackdown on hardcore criminals in the country and have netted 108 gangsters recently who are now serving time in police remand prisons.

Meanwhile, in yet another police shake-up, senior cop Gamini Seneviratne will be head the Crime Detective Bureau (CDD) which was formerly under the stewardship of controversial police sleuth, Bandula 'Show' Wickramasinghe. The latter has been transferred to police headquarters after it was alleged last week that he had seriously assaulted a woman suspect. (Courtesy - THE LANKA ACADEMIC of November 7, 2000 - Vol1-No. 216)

 

Note : Even though the government of Sri Lanka has masterminded the assassination of Mr Kumar Ponnambalam - it is believed that a few underworld gangsters were involved in this assassination.

 

 

 

(Please refer to page 60, Assassination “Hit list” prepared by Sri Lanka propagandists)   

 

 

 

 

 

 

 

 

 

16

 

THE RIGHT OF PEOPLES TO SELF-DETERMINATION

 

Sri Lankan government talks peace only when it faces an election


18 January 2001 - The Sri Lankan government talks about peace only when it has to face an election and that once the election is over and the government is formed, it seeks to solve the problem only by military means, said disappointed people in the Vanni to the Bishop of the Mannar diocese of the Catholic Church.

 

LTTE Unilateral Cease-fire

 

London, 23 January 2001 - The Liberation Tigers of Tamil Eelam (LTTE) in an official statement issued from its headquarters in Vanni, Northern Sri Lanka, extended its unilateral cessation of hostilities for another month and called upon the international community to persuade the Sri Lanka government to reciprocate favourably and resume negotiations in a cordial atmosphere of peace and normalcy.

 

The LTTE declared a month long cease-fire on 24th December 2000 as a gesture of peace and goodwill for the festive season and called upon Sri Lanka to respond positively. But the Kumaratunga government rejected the LTTE's offer as a 'farce' and launched major offensive operations in Jaffna at the cost of heavy casualties. The LTTE strictly observed peace and engaged only in defensive war during the period. The Tiger's self-imposed cessation of hostilities expires at midnight on the 24th January 2001.

 

'We have decided to extend the cease-fire for another month to prevent the escalation of current hostilities into an all-out war and to provide further space to facilitate the peace effort undertaken by the Norwegian government. Our decision to observe peace for a further period demonstrates our genuine and earnest desire for peace and our sincere commitment to peaceful means of resolving the political conflict. We have taken this decision in conformity with the collective will of the Tamil nation which demands peace and also in compliance with the wish of the international community which pleads for a peaceful means of resolving the conflict', the LTTE's statement declared.

 

'We are sad and disappointed to note that the Sri Lankan government has rejected our unilateral declaration of cease-fire as a 'ruse'. The government has not only discredited our genuine gesture of goodwill but also unleashed major offensive operations during the declared period of peace with the intention of provoking us. By its belligerent attitude and its actions the Sinhala regime has demonstrated to the world that it wants to pursue a destructive path of violence and war paying scant regard to the heavy loss of live caused among combatants and civilians', the statement said.

 

'We wish to re-iterate that our liberation organisation is prepared to enter into peace negotiations when Sri Lanka reciprocates favourably to our unilateral declaration of cease-fire and agrees to implement the Norwegian peace project aimed at the de-escalation of war and the normalisation of civilian life. We again urge the international community, particularly the United States, Great Britain, European Nations and India, to use their diplomatic good offices to persuade Sri Lanka to renounce its hard-line militaristic approach and adopt the path of peace, reconciliation and dialogue', the LTTE's statement declared.

 

'It is the considered view of the LTTE that the Sri Lanka government's rejection of the unilateral cease-fire declared by the LTTE and its refusal to create congenial conditions for peace talks are aimed at perpetuating the hostilities and conditions of war in the Island to justify its pursuit to have the LTTE proscribed under the British Terrorism Act' the statement pointed out.

 

The statement concludes by saying that the LTTE has, through it chief negotiator Mr. Anton Balasingham, informed the Norwegian Special Envoy Mr. Erik Solheim, of its decision to extend the cease-fire and officially requested him to convey the decision to the Sri Lanka Government.

 

10 Tamil parties appeal for cease-fire

29 December 2000 - A joint statement issued by a coalition of ten Tamil political parties in Colombo said,  "Sri Lankan government should respond favourably to the call by the Liberation Tigers for a cease-fire and, USA, Britain, India, members of the European Union and other countries interested in solving the conflict in Sri Lanka should exert pressure on the Sri Lankan Government to bring an end to the war."

17

A meeting was held at Tamil Eelam Liberation Organisation (TELO) head quarters in Colombo. The Leader of TELO, Srikantha presided over the meeting. The People's Liberation Organisation of Tamil Eelam (PLOTE), TELO, All Ceylon Tamil Congress (ACTC), Tamil United Liberation Front (TULF), Ceylon National Workers Congress, Democratic Workers’ Congress, National Workers Foundation and Assiz Democratic Workers’ Congress participated.


Mr. Chandrasekaran, Member of Parliament representing the Upcountry Peoples Front informed the meeting that his party would lend its support to the decisions taken in the meeting.


The Tamil parties met the Ambassadors of the above mentioned countries to promote the appeal for a cease-fire. They urged third party mediation stating that the international community should focus their attention on mounting incidents of racial killings against Tamils.

 

Recognise the right to self-determination of Tamils

Jaffna University teachers appeal to President

 

The community of the University of Jaffna appealed to the President Her Excellency, to recognise the Right to self-determination of the Tamils living in the country and to have peace talks with the Liberation Tigers of Tamil Eelam (LTTE) making use of the unilateral declaration of cease-fire from the side of the LTTE.

 

The community further stressed that the fundamental aspirations of the Tamils in the country should be fulfilled without further delay.

 

In this connection a large meeting was held at the esplanade of the University. The President of the Student Union Mr. S. Arnold President, Representative of all the faculties at the University extended their fullest co-operation and solidarity for the non violent action that is being planned at district level, emphasising the urgent need to have peace talk with the LTTE.

 

Vice-chancellor of the University Prof. P. Balasundarampillai, Head of the History Department professor. S. K. Sittampalam, and Dean of the Faculty of Arts Prof. S. Balanchandran were present.

 

Meanwhile, it is learnt that the Consortium of Humanitarian Agencies in Jaffna, also expressed its furthest co-operation and support for the action to be taken by community of the University of Jaffna on the issue of the ethnic conflict in the country. (The Weekend Express 6-7 January 2001)

 

10,000 Demonstrated in Jaffna


17 January 2001 - More than ten thousand people in Jaffna comprising university students, high-school students, residents and representatives and members of civil organisations demonstrated urging the Sri Lankan government to reciprocate the Liberation Tigers unilateral cease-fire and negotiate with the movement. Thousands more people were turned away by Sri Lankan security forces at check points set up along the major roads leading to the university, residents said. Reporters were not permitted into the university either.


The security forces had refused to allow peace demonstration and warned students, lecturers and residents of the dire consequences of participating in it. On January 13th,  nine students were arrested by the Sri Lanka Army.


Roads leading to the university were blocked off with barbed wire placed across some of the streets. Army also set up roadblocks at the major entrances to the university and refused entry to the grounds for anyone who was not staff or a student there.


However people had scaled over the walls and found ways around the blocked streets to enter the grounds, which were decorated in red and yellow bunting, and join the protest.

 
The bicycles of hundreds of participating students were confiscated, loaded onto a truck and taken away by the Army. The identity cards of several students were also confiscated and taken to the nearby Army camp. The students were told to report to the Army to get their cards back.

 
Some students who were attempting to circumvent a roadblock were chased by police, and in attempting to jump over a wall, were injured, organisers said.

 

18

The event, titled “Pongu Tamil”, began with the ceremonial lighting of the “freedom flame” ­ as the protestors termed it - by University Vice Chancellor Professor K Balasundarampillai and other dignitaries.


Professor Balasundarampillai said that he was proud to see the university student body raising their voices in support of freedom and peace. He expressed the hope that the ‘Pongu Tamil’ gathering would provide the impetus for an upraising of Tamil voices in support of peace and the recognition of the importance of the Norwegian mediated peace efforts.


K Thevaraj, the President of the Jaffna University Teachers Association also spoke at the event, followed by the President of the Jaffna University Students Association.

 

 


Declaration by representatives of Jaffna University

 

A DECLARATION MADE BY THE REPRESENTATIVES OF THE JAFFNA UNIVERSITY AT THE “PONKU TAMIL” EVENT ON 17TH JANUARY 2001 AT UNIVERSITY GROUND OF JAFFNA

 

 

We are assembled here on this occasion to express the voice of our soul with unanimity. The government of Sri Lanka should stop this ruinous and dangerous war forthwith and commence a just and meaningful negotiation with the LTTE.

 

Through this negotiation we should find a political solution to fulfil the aspirations of Tamils by recognising the concepts of

 

 

1)     TAMIL NATIONALISM

 

2)     TRADITIONAL HOME LAND

 

3)   RIGHTS OF SELF DETERMINATION

 

 

The feelings of our people have been frozen due to fear of long-term oppressive measures.

 

Please understand the genuine feelings and aspirations of our people in a clear perspective.

 

You should therefore in all conscience speak for finding a just and durable solution for our peaceful living

 

1)     The Jaffna university teachers association

 

2)     The Jaffna university students union

 

3)     The Jaffna university executive officers union

 

4)     The Jaffna university employers union

 

5) The Jaffna university clerical & technical staff union

 

 

Batticaloa University for cease-fire, self-determination

 

25 January 2001 - Students and teachers of the Eastern University in Batticaloa wore black bands on their arms and observed five minutes of silence  to urge the Sri Lankan government to recognise the Tamil people's right of self determination and to reciprocate the extended unilateral cease-fire declared by the Liberation Tigers. The Sri Lanka army in Batticaloa has repeatedly warned the public and civil society groups in this east coast district that it is a serious offence to hold meetings, picketing, demonstrations and marches calling on the government to take steps to expedite the peace process for ending the island  ethnic conflict.

 

 

19

 

"LTTE got a wide support of the Tamil community

in self-government"

-         Peter Hain, British Foreign Office Minister

 

"Islander" -  interview with Peter Hain


Q:Mr. Minister, I understand that you will be visiting Sri Lanka. Were you invited by the Sri Lankan government?


A; It's a longstanding invitation from the Sri Lankan government which I am delighted to accept. I was due to go there a year ago but because of other things, it wasn't possible to do it. Our friendship with Sri Lanka goes back many generations and we want to strengthen that friendship and also help to move Sri Lanka forward.

 

 

Q; The present Sri Lankan government has offered a substantial devolution package to the Tamil community, but it was rejected by the LTTE. The LTTE only come for negotiations when they are militarily weak so that they can re-arm and re-group and get ready for the next assault. Many people believe the LTTE do not intend to end this war through negotiations.


A; That 's not my impression. Whatever happened in the past, there has been a lot of bad faith. You have to find your way around this. What is also clear to me is that the Sri Lanka armed forces cannot defeat the LTTE entirely. The LTTE cannot win militarily what it wants. Tamil Kingdom is not going to be achievable militarily. They can only achieve both their interests with compromises, and taking difficult decisions and making tough choices, if they sit down and talk.


My own personal background, as somebody who was involved in the freedom struggle in South Africa, I can understand the difficulties of a country like Sri Lanka which was held back by colonialism over such a long period. I think that there comes a time when a momentum towards peace starts. The people realise that the other options have been exhausted

 


Q; Don't you think that the LTTE will agree to nothing less than an Independent State for themselves?


A; I think that's what the LTTE wants to achieve and they got a wide support of the Tamil community in self-government. But as we have demonstrated you can still preserve the territorial sovereignty and the single nation as in Britain. We have Ireland as well, just like in Sri Lanka. We have achieved it and I think it is possible to achieve it there also. But it needs patience and the Sinhalese majority needs to back the government. Some of the hard-line decisions coming from within the community need to be moderated. Otherwise, you will be fighting forever.

 


Q; What message could you give to both the Sri Lankan government and the LTTE?


A; My message is we are ready to help. Britain has a unique role to play here. This is the historic moment to start negotiating and stop fighting. To the LTTE I say, you can come to the negotiating table with dignity with your political objectives understood, and you can achieve something that the Tamil community wanted for generations, that's self government.


To the President and the government, I would say the international community will support you in getting every last mile to achieve peace through negotiations. Once it is achieved, then I think the prospect for European and other donor support, investments in the Tamil community areas and the rest of the country will mean more economic development. We cannot help now in this regard in the way we want because there is a war going on. (Excerpts from 'The Sunday Island' - 19th November, 2000)

 

 

 

 

 

 

20

LTTE leader offers peace talks,

Prime Minister of Sri Lanka vows war !

 

COLOMBO, Nov 27, 2000 (AFP) - Sri Lanka's Tamil rebel supremo Monday offered talks with the government with no preconditions other than an insistence on a "cordial atmosphere" as a backdrop to the negotiations.

 

Velupillai Prabhakaran, in his annual Heroes Week speech to commemorate the deaths of some 16,000 fighters in the past 18 years, said his Liberation Tigers of Tamil Eelam (LTTE) were keen to end the ethnic conflict peacefully.

 

"We are not imposing any pre-conditions for peace talks," Prabhakaran said. "Yet, we insist on the creation of a cordial atmosphere and conditions of normalcy conducive for peace negotiations."

 

Prabhakaran said the Norwegian government, which has been acting as a "facilitator" to bring the LTTE and the government to the negotiating table, has proposed several confidence-building measures. He said action should be taken by both sides to allow the conflict to de-escalate, with a view to ending hostilities completely.

 

"It is particularly difficult for both the parties, who have been involved in a savage and bloody war for the past two decades with mutual animosity and distrust, to suddenly enter into a peace process, while continuing hostilities.

 

"It is precisely for this reason we propose a process of de-escalation of war leading to a cessation of hostilities and the creation of a peaceful, cordial environment," Prabhakaran said. In his keenly awaited policy statement made at the end of the week-long Heroes Week, Prabhakaran accused President Chandrika Kumaratunga's government of sending conflicting signals over the issue.

 

"We have our doubts as to whether this government, which particularly depends on (majority) Sinhala racists and (minority) Tamil traitors for its sustenance, will be able to make any bold decisions to resolve the Tamil national question," he said.

 

"The Sinhala nation cannot impose its sovereignty over the historically constituted lands of the Tamils by military aggression and occupation,"

 

His speech coincided with remarks by Prime Minister Ratnasiri Wickremanayake, which cast doubts over the success of any peace process with the Tamil Tigers. Wickremanayake, who assumed duties as acting defence minister last week, said there will be no let-up in the military campaign against the LTTE, despite the latest peace moves which are backed by Norway.

 

The European Union, the US and neighbouring India have supported the peace efforts although the two warring sides are yet to agree on meeting face-to-face. The prime minister also dismissed comments by Britain's junior foreign minister Peter Hain which urged Sri Lanka to follow the Northern Ireland peace talks model.

 

The Prime Minister said that other countries' experiences could not be "planted" in Sri Lanka. "We will carry on the military option until the enemy is totally eliminated," the state-run Daily News quoted him as saying. "The government is certainly not for the cease-fire as previous experiences have shown that the enemy insists on cease-fire only when it is weak."

 

 

 

 

 

 

 

 

 

 

 

 

21

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

 

 

The offensive war in the north and east by the Sri Lankan armed forces is continuing with heavy civilian casualties, forced internal displacements, external refugees, and crimes against humanity.  Fundamental rights violations including economic, social and cultural rights and civil and political rights are used as weapons against the Tamil population in the north and east. The Sri Lankan government does not comply with its obligations under the International Covenant on Economic, Social and Cultural Rights.  It is a fact known to the United Nations as well as to the international community.  However, the United Nations and the international community are not taking constructive actions against the non-compliance by the Sri Lankan government.

 

On 6 May 2000, the International Working Group on Sri Lanka, a coalition of aid agencies and human rights organisations, called on the international community to avert an impending humanitarian crisis in Sri Lanka (Human Right watch 2001).

 

In December 2000, the European Union, whilst discussing financial assistance for the Sri Lankan government, urged negotiations to end the protracted conflict in Sri Lanka and called for a lasting solution which would take "substantial account of the aspirations" of the Tamils within Sri Lanka's territorial integrity and unity. A declaration by the Presidency on behalf of the European Union on Sri Lanka at the World Bank Development Forum also urged the Sri Lankan government to ease the hardships of the displaced people in the Northeast and welcomed the Norwegian peace initiative, whilst expressing concern at defence expenditure.

 

In November 2000, Norway's Special envoy Mr. Eric Solheim who returned from Vanni after meeting the leader of the Liberation Tigers, V. Pirapaharan told journalists in Colombo that the LTTE had not laid down any precondition to begin talks with the Sri Lankan Government. He said the LTTE leader brought to the notice of the Norway's delegation that the Tamil areas of the island was suffering under the economic embargo imposed by the Sri Lankan government and that he wanted quick return of normalcy in the Northeast.  Consequently, a “good-will” cease-fire was unilaterally implemented by the LTTE.

 

Between December 2000 and January 2001, on several occasions, the Sri Lankan government rejected the Liberation Tigers offer of a "goodwill" cease-fire, asserting that military operations by the armed forces would continue. A statement issued by the Presidential Secretariat also said that "further gestures of goodwill are unnecessary " rejecting the LTTE's call to de- escalate the conflict for negotiations to take place in conditions of normalcy. On January 17, 2001, the Sri Lankan government began the offensive war with the code name of “Operation Kinihira-IX”.

 

 

1.      Gross violations of human rights prevail,

2.      Economic growth and development hindered,

3.      614,00 people are internally displaced,

4.      Approximately one third of the child population remains displaced

5.      Acute decline of infrastructures, social service delivery in LTTE controlled areas

6.      Economic and social marginalisation of LTTE controlled areas continues.

7.      An estimated 900,000 children reside in the geographically and economically marginalized LTTE controlled areas.

 

 

 

 

 

22

 

 

 

RIGHT TO HOUSING

In early January 2001, the Sri Lankan army demolished more than three hundred homes in the south-western coastal suburbs of Jaffna town to construct large military facilities.

 

As of the end of September 2000, the total number of Internally Displaced people (IDPs) was estimated by UNHCR at 800,000 (UNHCR, November 2000).  Of which, about 300,000 IDPs are located in Vanni area and 16,000 persons are in Trincomalee.

 

Before the escalation in fighting in April 2000, some 600,000 Internally Displaced Peoples (IDPs) relied on friends or relatives for shelter (Human Rights Watch 2001). By mid-September, another 250,000 people, almost all of them residents of Jaffna district, had reportedly been displaced.  About 100,000 people in Sri Lanka north and east were thought to be struggling for survival unassisted.

 

Many families have been displaced several times (repeated displacement) and are thus increasingly vulnerable and dependent (Norwegian Refugee Council, 30 Nov 2000).

 

Shelter from blazing sun or heavy monsoon rains is the primary concern during the initial phase of displacement.

 

Current property law dispossesses IDPs after 10 years (UNHCR, November 2000, p.9-10).  This is a main concern of many IDPs from Mannar and Jaffna. Their prospect for return to their homes are blurred due to the current property law which in principle entails that titles deeds expires after 10 years of not exerting usufruct of property.

 

Military operations and security considerations prohibit return to village of origin and result in the loss of property and assets over time; the taking of property, specifically agricultural land and houses for military use (airport, bases and security zones) is another concern, as is the erosion of livelihoods caused by restrictions placed on traditional income-earning activities such as fishing, farming and cottage industry.

 

In Thenmarachchi Division, 55,000 people, 75% of the population, are displaced and they are having accommodation problems (British Refugee Council, June 2000).

 

80% houses damaged in Jaffna

The Jaffna NGO Consortium says that Jaffna people face enormous difficulties in day-to-day life. Military operations have damaged 80% of the 176,300 houses in the peninsula. Over 17,000 houses have been completely destroyed. Reports say Rs 478 million ($9.6 million) approved by President Kumaratunge for repair of buildings has not been paid. In Jaffna a packet of cement is sold at Rs 535 while the price in other districts is only Rs 265.  (Excerpts from - THE SRI LANKA MONITOR )

 

RIGHT TO FOOD

 

On returning from a five day visit to the Vanni region on 19 January 2001, the Bishop of the Mannar Diocese of the Catholic Church, Rt. Rev. Rajappu Joseph said “ The displaced civilians of the Vanni receive only 25 percent of the relief due to them from the government and most people there are unable to make a living or ply their trade because of the continuing economic embargo on the region“.

23

Four patients suffering from severe malnutrition died in December 2000 in Vavuniya.  Severe malnutrition is prevalent in the Vanni, particularly among children. Eight adults and 25 severely malnourished children under 12 were admitted to Killinochchi Hospital during December 2000.

 A senior health officer in the north said that there has been alarming increase in infant mortality and the birth of underweight infants recorded in the two hospitals currently functioning in the Mullathivu district and in the Vanni.

 

Decision to put Sri Lanka on a “war footing” has resulted in the reductions in food assistance to the IDPs (UNHCR, November 2000, p.8). Accordingly, the Government Agents in the north and east indicated that funds are being released in reduced quantities on a month to month basis from the Treasury.

 

“The Defence Ministry ordered a 30% cut in the food supply to Killiochchi and Mullaitivu districts from January 2000.  Earlier 240 lorry-loads of food were allowed into Vanni whereas twice the amount was needed in the area.  The military continues to deny permission for sufficient food and medicines to be taken into the Vanni area.  In July Army refused to allow an ambulance presented by UNICEF into the Vanni.   The Red Cross has written to the Health minister about shortage of medicines, but has received no reply (British Refugee Council, July 2000).

 

Severe shortage of food supply in the Vanni leaves almost 350,000 civilians without food and other essential supplies (Norwegian Refugee Council, November 2000).

Despite repeated appeals by international agencies, the Sri Lankan government has failed to ensure that adequate humanitarian aid reaches the internally displaced and other people in northern Vanni region.  The military continues to deny permission for sufficient food and medicines to be taken into the area. (British Refugee Council, July 2000).

 

Three-fold increase in low-birth-weight babies (20% of all new born) in the conflict areas due to the irregular and insufficient supply of good quality food.  Seven (7%) percent severe malnutrition has been recorded in the northern areas (Norwegian Refugee Council, July 2000).

 

From July 2000, the government drastically reduced the number of persons eligible to receive dry rations in the north and east.  Displaced people who have immediate relatives living overseas are not provided with the dry rations and other support services in the north and east of Sri Lanka.  At the end of 2000, the overall reduction of food rations had created a humanitarian problems in the displaced areas in the north and east of Sri Lanka.

 

The Council of NGOs in Jaffna, through the Consortium of Humanitarian Agencies has been attempting to draw public attention to the situation in Jaffna.  A critical issue they have focussed on is the decision to withdraw relief payments to over 90,000 persons in the peninsula, from areas in Vadamarachchi, Thenmarachchi regions.

According  to the British Refugee Council report, February 2000, estimated 22,450 Tamil refuges confined to camps and suffer without sufficient food in Army controlled Vavuniya.

 

RIGHT TO HEALTH

According Bishop of Mannar, Rayappu Joseph, the people in Vanni are much affected by the severe shortage of drugs caused by draconian restrictions imposed by the Sri Lanka government.

 

In a report in January 2001, the International Committee of the Red Cross (ICRC) revealed that it had transported 3807 patients by ship from Jaffna to Trincomalee in 2000.

 

Due to the decade long economic embargo imposed to the Tamil region,  the hospitals in Vanni unable to treat scores of people in the district bitten by rabid dogs because it has no anti-rabies vaccine in stock.

In Vanni,  most of the pregnant mothers who make it to the hospital for childbirth are malnourished or afflicted by disease.

 

Shortage of medicines plagues the Vanni regions, where thousands of refugees continue to suffer.  At a meeting in Colombo on 12 November 2000, TULF MPs told Prime Minister that despite approval of the Defence Ministry, army officers have refused to allow medicines for two quarters of 2000 into the Vanni and are holding them at Vavuniya (British Refugee Council, November 2000).

 

The government of Sri Lanka seriously restricted medicine to Vanni area.  This restrictions have contributed to a general deterioration in quality and quantity of medical care in the Vanni region (Medicine Sans Frontiers, 26 April 2000).

 

 

24

Medicine sans Frontiers (MSF) in a press release from Colombo on 17 April 2000 called upon the Government of Sri Lanka to allow the re-supply of urgently needed essential medicines to the northern region of the country. The press release said “ The shortage of medications has become so critical that patients are being turned away from hospitals and clinics without receiving the necessary treatment.  We are facing a situation where clinics and hospitals have closed or are no longer accepting patients because they cannot provide treatment for these civilians, many of whom are women and children”.

 

British Refugee Council, Sri Lanka Monitor reported in its June 2000 issue that Tamil civilians died without medicine.  The report also said that 500,000 Tamil people in Vanni are suffering due to the economic blockade of the Sri Lankan government.

 

The general situation of supply of medicine to government hospitals in the Vanni region further deteriorated in June, with MSF increasingly being forced to resort to transferring patients to Vavuniya for treatments (UNHCR November 2000, p. 10).

 

People have been exposed to risks of epidemics and war related sickness; the capacity to deal with such situations has drastically declined (Norwegian Refugee Council, November 2000).  A key issue for a large proportion of IDP in the conflict areas, and particularly in the areas under the control of the LTTE, is the restrictions imposed on the delivery of supplies (Office for the Co-ordination of Humanitarian Affairs, July 2000, p.104).

 

Fifty-eight per cent of all infant and under five deaths are attributable to short gestation periods, low birth rates, poor prenatal care and acute respiratory infections (ARI).  ARI, Diarrhoea and malaria continue to be the greatest causes of mortality and morbidity in the Northeast. Inadequate and irregular flow of medicines and supplies constraints health care delivery services (UNICEF Appeal 2000 Sri Lanka).

 

According to UN OCHA, “Displaced children in Sri Lanka suffer unacceptable levels of ill-health, disease and hunger.  There are no reliable figures for child mortality among displaced populations, but the death rate is likely to be high compared to the rest of the country ­ because such children are denied access to quality healthcares, essential medicine and an adequate diet”.

 

Sanitary conditions are extremely poor in the camps, which are referred to as “welfare centre”.  Refugees say that in some camps cleaning of latrines are irregular and may be causing disease (British Refugee Council, February 2000).

 

In June 2000:

  1. Hospital authorities in Mullaitivu and Killinochchi districts have made urgent appeals to the Health Department of the Northern Province to send basic medical supplies to Vanni hospitals.

 

In July 2000:

  1. The director of the Jaffna Teaching Hospital (JTH) expressed grave concern that armed persons are coming inside the hospital premises. The Director of the JTH, Dr. Navamani Kanagaratnam said that the authorities should do the needful to prevent armed persons from entering the hospital premises and moving about with their weapons.

 

  1. A large number of patients brought from hospitals in the Vanni region to the general hospital in Vavuniya hospital for further treatment were suffering from anaemia said medical sources in the northern town.

 

  1. Sri Lankan police, who brought the bodies of two of their colleges to the Kaluwanchikudy hospital, fired indiscriminately within the hospital premises, damaging an ambulance parked there said Mr. Pon. Selvarajah, a Member of Parliament for the Batticola District. 

 

  1. The Government hospital in Valaichchenai, which serves nearly 38,000 people from more than 50 neighbouring villages, is affected by shortage of drugs, as supply for the third quarter of this year has not been sent, hospital sources said.

 

  1. Hospitals, dispensaries and pharmacies in the Vanni region are on the verge of closing down due to the ban and restrictions on medical supplies imposed by the Sri Lankan Government.

 

  1. Hundreds of people staged a demonstration in front of the office of Medicine Sans Frontiers (MSF) at Puddukudiyiruppu in the Mullaitivu District in the Northeast of the island demanding that the aid agency should take immediate steps to get down enough drugs to save the lives of patients.

 

25

December 2000:

  1. Forty-two civilians in Jaffna lost their limbs to land mines this year said Mr. Elmo Fernando, Director for Mine Clearing Operations funded by the United Nations Development Program (UNDP).

 

  1. A District Medical Officer, Periyathamby Duke Arulpragasam was killed due to the injuries received in the claymore blast in Sathurukkondan, Batticola.  Doctors, nurses and other employees of Batticola General Hospital staged a protest march in Batticola town demanding that Security Forces engaged in battle in the North and East should not use civilians as human shields and that no armed personnel should travel in vehicles carrying civilian passengers.


Year 2000 -

 

290     Children at the Malavi hospital were born underweight

250     Children at the Puthukudiyiruppu hospital were born underweight

020     Children died at Killinochi district hospital due to lack of medicine

160     Patients died at the hospitals in Vanni due to lack of medicine

150     Died within 24 hours of admission

 

Ps. The actual figures are higher.

 

MSF urges respect for the safety of civilians safety

caught in Sri Lanka fighting

 

Press release: May 16 2000, Colombo, Sri Lanka - The emergency medical organisation Médecins Sans Frontières (MSF) today expressed grave concern for the safety and medical care of the civilian population in Sri Lanka as a result of increased fighting in the Jaffna peninsula and vicinity.

 

Recent attacks have resulted in civilian casualties. The location of potential military targets next to health facilities further endangers the patients and health personnel and may prevent the access of the civilian population to medical care.

 

The free movement of civilians away from military combat areas should be granted by all parties. The refusal to allow MSF and the Ministry of Health to bring in sufficient medical supplies into the Wanni and Jaffna has made treatment of such casualties especially difficult.

 

One of the military bases in Jaffna is located inside the old hospital compound. Presently the boundaries of the military base is less than 15 meters from the paediatric ward of Jaffna Teaching Hospital. Soldiers regularly go through the hospital on their way out of the military base. The location of other military installations in the peninsula are near displaced camps, schools, health facilities and other places of civilian use.

 

Since May 9th night a curfew was declared in Jaffna and Chavakachcheri Municipalities day and night, it has been lifted some days between 9am and 12pm. Since then and up to May 14th Jaffna Teaching Hospital was not functional for lack of nursing and attendant staff. Only the doctors had passes to go to the hospital. On May 14th, 60 to 70 passes were issued for health personnel to go and work in the hospital. Although now Jaffna Teaching Hospital starts to be operational again, the staff is still insufficient to provide minimum emergency care to the population of Jaffna.

 

On the afternoon of May 12th, jets bombed the fishing village of Pallikuda, near Pooneryn. Five members of one family died immediately, including two children aged three months and two years. Doctors at Mallavi Hospital provided treatment for eleven other victims of the bombing, including four who required life-saving operations. Three of the total were children, one of whom, age seven years, lost an arm. Further treatment was hindered by a critical shortage of medical supplies, especially emergency surgical items, dressing materials and antibiotics. Five patients needing post-operative care were transferred to Vavuniya hospital, a difficult journey that takes at least six hours.

 

According to local villagers, on the morning of May 13th, a boat with 5 fishermen was gunned in a known fishing spot South of Silivaturai (Mannar District) by a Sri Lankan Navy (SLN) patrol. The five fishermen were recovered by the villagers, the patrol of SLN approached the village coast and fired at the village for 30 minutes approximately. Three people on the boat were injured (one 72 years old one 54 and one 47) and brought to Murunkan Hospital and then transferred to Vavuniya and Mannar Hospitals for surgery.

 

26

On the afternoon of May 15th, three or four shells landed in Columbuthurai West killing five people and injuring six. On May 14th and 15th, there were reports that groups of civilians who wanted to leave Jaffna town were prevented doing so at military checkpoints.

 

Both parties have made appeal on several occasions for civilians to move out of possible target areas, the LTTE for parts of Jaffna and the Sri Lankan Army for major towns in the Wanni (May 15th) . Warning civilians of military operations does not take away the responsibilities of the safety of civilians.

 

MSF also calls upon the Sri Lankan government to permit adequate medical supplies into the region, to allow emergency civilian treatment to continue at hospitals in rebel-controlled areas and to expedite the transport of these supplies without further delay.

 

Since March, the transportation of medical supplies has been severely restricted by the Security Forces. Over the last weeks, more than 40 patients have had to be transferred or discharged without adequate surgical treatment and more than 3,700 out-patients have been sent home without medication.  (Excerpts from the press release of Médecins Sans Frontières (MSF) May 16 2000, Colombo, Sri Lanka)

RIGHT TO EDUCATION

 

Access to education for the 270,000 displaced children is undermined by the recurrent nature of displacement itself, which make it difficult for regular school attendance.   Other factors include malnutrition, poverty, lack of teachers and unavailability of schools, which are occupied by IDPs (Save the Children-UK, May 2000). 

 

Schools and teachers in host communities are ill equipped to accommodate the needs of large numbers of IDPs.  Absenteeism is on the rise due to poor nutrition and health conditions.  School buildings are often used to house refugees.  School dropout is vulnerable to exploitation and sexual abuse and eventually turns to unskilled labour to earn income (UNICEF APPEAL 2000 Sri Lanka).

 

Education for children is a primary concern of the displaced persons.  Education is an irregular activity.  When educational facilities are available, they are often overcrowded and inadequate for even basic educational activities (OCHA 6 July 2000, p.107).

 

Access to school undermined by indiscriminate attacks on civilians, shortage of teachers, malnutrition, poverty and loss of birth certificates.  School fees or uniforms are used as excuses to exclude IDP children from school. (Norwegian Refugee Council, November 2000).

 

In June 2000:

  1. A World Bank team told a delegation of the Ceylon Tamil Teachers Union (CTTU) that the money allocated by the WB for the construction of quarters for teachers serving in the war-torn areas in the Northeast province have not been utilised by the authorities concerned.

 

  1. The recommendations submitted by the Ceylon Tamil Teachers Union (CTTU) to the Education Publications Department to eliminate distortion of facts from the Tamil medium textbooks to be printed and published in year 2001, have been completely rejected by the authorities. A World Bank team was informed of this by a delegation of the CTTU.

 

  1. A GCE A/L student from Muttur has been detained at the Trincomalee Police Headquarters since May 2000. While being interrogated by the Police during this period he has been admitted twice to Trincomalee base hospital for medical treatment for injuries inflicted on him.  

 

  1. The twenty-thousand member strong Ceylon Tamil Teachers Union has informed the President of Sri Lanka that its members would not contribute two-day salary each month as requested, to the Defence Fund as they consider the present war executed by the government is against the Tamil community. The Union has also threatened to strike if certain demands, including payment of arrears and distribution of textbooks, are not done by July 7.

 

  1. Two students of Chelvanayagapuram Tamil Maha Vidyalayam in Uppuveli in Trincomalee district, who were arrested by the Sri Lankan Army  and held in detention, were produced before the Trincomalee acting magistrate.

 

  1. Sri Lankan police arrested 58 Tamil undergraduates of the Engineering Faculty at the University of Moratuwa, south of Colombo.

 

27

 

In July 2000:

  1. Somasunderam Sanjeevan, a GCE (Advanced Level) student at the Jaffna Hindu College was shot dead by Sri Lanka Army soldiers on 13 July. He was returning home after playing football at the school ground when he was shot dead.

 

  1. Sri Lankan police arrested S. Thiyakarasa, a lecturer at Batticola Technical College and Sivagnanam Ahileswaran, the Paddiruppu Zonal Director of the Educational Department. The students of the Technical College in the eastern town boycotted their classes and picketed in front of the college, protesting against the arrest of the lecturer inside the college premises.

 

  1. Schoolchildren in Jaffna boycotted their classes, following the killing of Sathasivam Sanjeevan, a student of the Jaffna Hindu College by Sri Lanka Army  soldiers. The students were demanding that the Sri Lankan troops should give them assurance that they would not be put at risk from the soldiers' actions.

 

  1. Schools in the Northeast province did not function as Tamil medium principals and teachers in the Northeast province went on a one-day strike. Students did not attend schools responding to an appeal made by the Ceylon Tamil Teachers' Union (CTTU).

 

  1. Several thousand students studying in over 30 schools in the Muttur electorate in the Trincomalee district have launched a boycott campaign demanding the immediate release of a student, Nagarajah Vamaneswaran who was arrested by the Sri Lanka Army on 11 June.

 

In August 2000:

  1. The Batticola District Judge returned a verdict of homicide in the death of a student who was shot by Sri Lanka Army soldiers on August 18.

 

  1. Ampalavan Pokkanai School in Puthukudiyiruppu in the North-eastern Mullaitivu district was damaged in an air raid by Sri Lanka Air Force's newly acquired Mig-27 jets on 15 August.

 

In November 2000:

  1. Students of the Jaffna Technical College (JTC) have been boycotting the classes since Thursday demanding the immediate release of a student E. Sri Ranganthan who was arrested by the Sri Lanka Army soldiers.

 

In December 2000:

  1. Hundreds of students, academic and non-academic staff of the Jaffna University demonstrated inside the campus premises voicing support to the political demands of the Tamil people, and demanding the Sri Lankan Government to declare cease-fire and to begin negotiations with the Liberation Tigers.

 

  1. The parents of a Jaffna schoolboy, Sothiraj Nishanthan, 17, alleged that their son was abducted and tortured by a person suspected to be an intelligence operative working for the Sri Lanka army. The boy was admitted to the Jaffna Teaching Hospital for treatment with severe contusions. 

 

75 Schools defunct

More than 75 schools functioned at Thenmaradchchy are now defunct due to the present war situation. The Zonal Education Department for Thenmaradchchy is presently functioning at the Nelliayady Maha Vidyalayam. Government Teachers serving in Thenmaradchchy do not have the facilities to perform their duties as a majority of the schools are closed due to lack of physical facilities. (Excerpts from "The Weekend Express" - 8-9 July 2000)

 

RIGHT TO WORK

Sri Lanka army targets Tamil farmers in Batticola District and beheads one (British refugee Council, August 2000). Sri Lankan solders have shot dead one farmer and attacked another farmer with knives before cutting his head off.  The two farmers had been working in a paddy field.

 

Since June 1990, the Sri Lankan offensive continued almost without a break.  Its greatest causalities have been the tens of thousands of subsistence level farmers, fishermen, labourers, traders, businessmen, and public servants.  The north suffers from a government embargo on numerous goods and raw materials, such as chemicals, fuel and fertilisers.  Bombing and shelling have caused immense damage to the infrastructure and physical fabric of the fishing, agriculture and small industries. 

28

In June 2000:

  1. Fifteen youth were arrested and detained by the Sri Lanka army when it cordoned off and searched the coastal village of Pesalai, 17 kilometres west of Mannar.  The Sri Lanka Army confiscated large quantities of kerosene stored by local fishermen as fuel for the light horsepower out board motors of their fishing boats. 

 

In July 2000:

  1. The workers at the Mannar depot of the Northern Region Transport Board have demanded that the one day's pay that had been deducted from their June salaries for the national war fund be returned to them. They said that the one-day's pay had been deducted for the national war fund of the government without their knowledge and permission.

 

  1. The Federation of Fishermen's societies in the Vadamarachchi division of Jaffna wrote to the Sri Lanka army's 52-4 brigade in Pt. Pedro that more than two thousand fishermen who have been adversely affected by restrictions imposed on fishing in the region after April 2000.

 

  1. More than sixty junior employees of the Vavuniya Town Council have began a strike, protesting against the arrest of their colleague by unidentified men who had arrived in a three-wheeler. They said Shanmukam Krishnamoorthy, 21, was abducted by officials of the Counter Subversive Unit (CSU) of the police at Vairavapuliyankulam

 

  1. Sri Lanka Army soldiers arrested six farmers who were working in a paddy (rice) field at Sinnavathai, a border village between Batticola and Amparai districts. They were taken to Army camp at 23rd colony.

 

  1. A fisherman was killed and two others wounded in an air attack by Sri Lanka Air Force Kfir jets in Pooneryn region.

 

In August 2000:

  1. A farmer was killed in Vanthaarumoolai, 22 kilometres north of Batticola, when he was hit by gunfire from a Sri Lanka army camp nearby.

 

  1. Tamil United Liberation Front MP for Batticola said that farmers in Vaalaikkaalai, about 25 kilometres Southwest of Batticola, have been compelled to abandon cultivation due to the activities of the Special Task Force (STF) commandos in the area. 

 

  1. Sri Lanka army troops on a deep penetration operation in the north-western hinterland of the Batticola district shot dead a youth on night watch in a paddy field and abducted nine farmers.

 

In September 2000:

  1. Two fishermen were shot dead by the Sri Lanka army on the coast near Mannar town. The fishermen, K. Thangarajah, 47, and N. Satheesh, 21, were walking towards their boats on the Periyakadai beach when an Army unit in ambush had opened fire on them, killing them on the spot.

 

  1. More than a thousand fishermen and their families sat in front of the Sri Lanka army camp in Manalkaadu on Jaffna's southeastern coast to protest against the ban on fishing in Vadamarachchi east.

 

  1. Officials and employees attached to the Jaffna Secretariat (Kachcheri) went on strike protesting against an alleged assault on some of them by Sri Lanka Army soldiers, earlier Thursday.

 

In November 2000:

  1. A young farmer was killed when Sri Lanka Army soldiers stationed at Monkey Bridge fired shells towards Soodaikudah, a village in the Muttur Division, south of Trincomalee Monday afternoon, said sources.

 

  1. The families of seven Tamil farmers killed by Sinhalese home guards in Eeachilampathai AGA division in October 2000 have appealed to the government authorities for financial aid. The families from the Muttur area, south of Trincomalee town, are undergoing undue hardship due to the loss of the family breadwinner. 

In December 2000:

  1. Pampaimadhu residents, Arulanantham Kamalanathan (29), and Sinnathamby Sivakumar (30) who went hunting in Poovarasankulam, Vavuniya were shot and killed by Sri Lanka Air Force personnel.

29

COLONISATION

 

50% of the Tamil ancestral homeland was colonised by Sinhalese

(A few excerpts from "Sinhala Colonisation")

 

Since 1827 - Tamil and Sinhala populations in the Eastern province

(Table is shown on a language basis)

                                                            Tamil                          Sinhala

Year                                        Speaking                  Speaking

            1827                                       99.24%                                   0.53%

            1881                                       93.82%                                   4.66%

            1891                                       93.89%                                   5.06%

            1901                                       91.8%                         5.05%

            1911                                       93.4%                         3.76%

            1921                                       93.95%                                   4.53%

            1946                                       87.8%                         9.87%

            1953                                       85.5%                         13.11%

            1963                                       79.25%                                   19.9%

            1971                                       78.61%                                   20.7%

            1981                                       74.4%                         24.92%

 

Sinhala settlements

After Independence from the British in 1948, the Colombo government started implementing new legislation to requisition land and settle the Sinhala population. The government put into place a scheme planned to reduce the land of the Tamils and increase the land of the Sinhala population.

 

In its plan was the demarcation of borders intended to reclaim Tamil land in order to benefit the Sinhala people.

 

Since 1827 - Tamil and Sinhala populations in Batticaloa district

Table is shown on language basis

                                                            Tamil                          Sinhala

            Year                                        Speaking                  Speaking

 

            1827                                       99.62%                                   0.00%

            1881                                       93.27%                                   4.75%

            1891                                       93.2%                         5.21%

            1901                                       92.34%                                   5.21%

            1911                                       92.95%                                   3.74%

            1921                                       93.12%                                   4.56%

            1946                                       92.55%                                   5.83%

            1953                                       87.64%                                   11.52%

            1963*                                      95.6%                         3.35%*

            1971*                                      94.49%                                   4.49%

            1981*                                      95.95%                                   3.21%

* In 1963, a new district of Amparai was carved out of the Batticaloa district

 

Tamil and Sinhala population in Amparai district

Table is shown language basis

(Amparai district was created in 1963)

                                                            Tamil                          Sinhala

            Year                                        Speaking                  Speaking

           

            1963                                       70.22%                                   29.34%

            1971                                       69.47%                                   30.18%

            1981                                       62.03%                                   37.64%

 

Those who were resettled under the government plan were looked after by the Sri Lankan government. These Sinhala settlers were the troublemakers and the government did nothing to control them.

 

30

During ethnic conflicts the Sinhalese brought armed thugs to chase the Tamils away from their villages and the Sinhalese came and settled in these Tamil areas.

 

Recently in the District of Amparai more than 300 Saivaite (in English - "Hindu")  temples were damaged. The priest of the well-known Murugan Temple was driven out and replaced by a Buddhist priest. Buddhists also control the nearby Buddhist Temple.    

 

In the Eastern Province in 1948 the Sinhala population was only 5% but by 1995 it had increased to 24%. This is the result of the Sinhala government’s planned resettlement of Tamil areas by Sinhalese colonists.

 

Since 1827 - Tamil and Sinhala populations in

Trincomalee district Table is shown on language basis

                                                            Tamil                          Sinhala

            Year                                        Speaking                  Speaking

 

            1827                                       98.45%                                   1.53%

            1881                                       90.72%                                   4.21%

1891                                       91.44%                                   4.3%

            1901                                       89.04%                                   4.22%

            1911                                       90.54%                                   3.82%

            1921                                       92.13%                                   4.38%

            1946                                       75.09%                                   20.68%

            1953                                       78.8%                         18.22%

            1963                                       79.25%                                   19.9%

            1971                                       70.2%                         28.8%

            1981                                       65.38%                                   33.62%

 

 

In 1833 the Colebrook-Cameron Commission allocated approximately 26,500 sq.km as the Tamil People’s Ancestral Motherland.

 

In 1901 when the nine provinces came into being, the Tamil administration of the Northern and Eastern Provinces measured approximately 19,100 sq.km Due to some of the area being incorporated into the Sinhalese provinces the Tamil area had been reduced by approximately 7,500 sq.km.

 

After 1948 the government’s settlement plan deprived the Tamils of 7,000 sq.km. in the Eastern Province and 500 sq.km. in the Northern Province. Although the Tamils protested, the Colombo administration ignored the Tamils and settled Sinhalese in these regions.

 

Approximately 7,500 sq.km of Tamil land was plundered by the Sinhala Government’s Demarcation and Resettlement Plan when it came into operation. This has been taking place over the last forty years.

 

Before 1833, 25% of Tamil speaking people occupied 35% of land, which was in their administration as Tamil ancestral homeland. In 1901 this area shrunk from 35% to 29%.

 

Within 162 years the Sinhalese government under its crafty Demarcation and Resettlement Plan has plundered 50% of the Tamil ancestral homeland and is still attempting to colonise more and more!

 

 

(Excerpts from  - "SINHALA COLONISATION" submitted to the Fifty-sixth session of the UN Commission on Human Rights by TCHR - "SINHALA COLONISATION" written by K. Sachithanandan, Research officer -  Colombo Fisheries Corporation, Lecturer at the University of Jaffna, Adviser to the United Nations on Food and Agriculture in twenty-three countries)

 

 

 

 

 

 

 

 

 

 

31

CIVIL AND POLITICAL RIGHTS

 

State of Emergency

27 years of emergency rule in Sri Lanka

*          The Sri Lankan constitution (article 155) and the Public Security Ordinance (No 25 of 1947) empower the President to declare a state of Emergency.

 

*           Emergency rule in Sri Lanka has continues since 1971, except for brief intervals.

 

*           From independence in 1948, up to the end of June 2000, the island has been under Emergency rule for 9,825 days (nearly 27 years out of 53 years of independence).

 

*           The People’s Alliance government re-introduced Emergency in October 1994.

 

The government declared that the country is in a "state of war", and introduced Emergency (Miscellaneous Provisions and Powers) Regulation No 1 on 3 May 2000 (Gazette No 1131/8), widening the powers of the President and the security forces. The regulations were amended on 10 May (Gazette No 1131/20) and 16 May 2000 (Gazette No 1132/14). These replace Emergency regulations promulgated on 4 November 1994 (Gazette No 843/12).

 

The new regulations have heightened fears of Tamils in Colombo and other southern areas. Press censorship under the regulations requiring prior approval for war-related news was imposed on 3 May by the Censor.

 

The Newspapers banned under the Emergency regulations for nearly six months :

 

1 -        Uthayan ('Rising Sun' - The only newspaper in Jaffna)

2 -        Sunday Leader (English weekly journal - Colombo)

3 -        Irida Peramuna ('Sunday Front' Sinhala weekly - Colombo)

 

The Defence Minister or the Defence Secretary may order a detainee under Emergency regulations or the PTA to be sent to a rehabilitation centre under a Commissioner General of Rehabilitation. The consent of the detainee is not needed and a number of detainees have been sent to rehabilitation centres. The security forces must send a person who surrenders, to a rehabilitation centre, after obtaining a written statement that he/she surrendered voluntarily.

 

Trials under the regulations are without a jury and conditional release of a convicted person, permitted under normal laws, is not allowed. Confession or an incriminatory statement, to whomever and wherever made, is admissible as evidence under Emergency regulations. The burden of proving facts to reduce or minimise the weight of such a confession or that it is irrelevant, will lie on the accused. Under normal law (Evidence Ordinance), only a confession made to a magistrate is admitted as evidence. A confession implicating another accused person in the same offence, although inadmissible under normal law, can be evidence under Emergency regulations. CIJL has stated that admissibility of confessions encourages torture.

 

Emergency regulations in Sri Lanka have been criticised as falling far below internationally accepted standards. Human rights agencies say restrictions under the regulations go far beyond derogation permitted under the ICCPR. The UN Working Group on Enforced or Involuntary Disappearances urged the Sri Lankan government in April 2000 to abolish the PTA and Emergency regulations or bring them into line with international standards.

 

Emergency context in North and East Sri Lanka

 

A state of emergency remains in force throughout the country. No real progress has been made towards a resolution of the ethnic issue.  Since the beginning of 2000, military gains over peace talks have been prioritised (BBC, 15 November 2000).

 

 

 

32

In May 2000, the President of Sri Lanka promulgated new emergency regulations, which put the country on a “war footing”.  Amnesty International has expressed serious concerns about the new regulations and erosion of some human rights such as right to life and the right not to be tortured (Amnesty International, 2000).

 

Intensified fighting from April 2000 trapped thousands of civilians in conflict zones (Human Right Watch, 2001).  According to the report,

 

1 -  Civilian’s deaths and injuries on the Jaffna peninsula were reported in the hundreds

2 - In the North and East, many conflict related deaths were the result of errant shelling and gunshots

3        - Displaced persons and other Tamil civilians in the north and east faced discrimination, restrictions on their freedom of movement, arbitrary arrest, and custodial abuse at the hands of government forces.  Due to government restrictions, Tamil civilians were often unable to reach work sites to earn a living, attend schools, or seek urgent medical care.

4        - In eastern Sri Lanka, army and police units continued to impose forced labour, demanding that IDPs and other civilians work without pay building sentry posts, cutting wood and cleaning military camps.

 

"New Emergency Regulations ­ erosion of human rights protection."

Some salient points from the July 2000 report

by Amnesty International  on SRI LANKA

 

Page 5:   “The changes made to the Emergency Regulations in May 2000, far from ensuring the regulations’ compliance with Sri Lanka’s obligations under international human rights law, instead further erode the protections they contain against human rights violations. They facilitate torture and “disappearances”, violations of non-derogable rights such as the rights to life and the right not to be tortured.”

 

Page 13:   “Prisoners held in the custody of their interrogators are most at risk of torture.”

 

Page 16:    “The emergency regulations could be used to cover up illegal killings.”

 

ER 17    (p 8 )    Detention in custody. Preventive detention: ­ No court can object! It would appear that  the reason this was brought in was to stop the fundamental Human rights cases which have been going through the Supreme Court.

 

ER 18/19  (p 10,11 )    Investigative detention:   An arrested person can be kept in ANY PLACE for 90 days. Arrest can be made by “any authorised person” ­ this can be open to serious abuse. A Person can be kept for 9 months without charge simply by police or armed forces making an application to the court. The Court appears to have no discretion at all.

 

ER 20   (p 11, 12 )  “Rehabilitation” can be for up to 2 years. But regulation under which issued (ER20A) contains no timeframe. (Preventive and investigative detention can turn into a Rehabilitation order)

 

The International Covenant on Civil and Political Rights (ICCPR) states in article  9(2) that  - Prompt notification should be given as to WHY a person is arrested. Those arrested should be brought to courts and trial promptly. CLEARLY article 9 (2) of the ICCPR is grossly contravened by ER20.

 

Further serious concerns:

- It is not a legal requirement that places of detention must be listed! This clearly increases the risk of secret detention centres (p.12)

- The Reporting of arrests are not required to any authority. This also facilitates secret detention centres (p. 13)

- No informing to close relative required (p. 13)

- No separation of responsibilities for custody and investigation (Such a separation of responsibilities has been recommended by Human rights groups but has never been taken on board) (p.13)

- No requirement for magistrates to visit detention centres (p.13)

-         No longer any obligation for officers-in-charge of places of detention to furnish lists of detainees to local magistrate to display on notice boards. (p. 13)

 

 

 

 

33

22 Years of PTA

 

In July 1979 the Prevention of Terrorism Act (PTA) was introduced in Sri Lanka. The Prevention of Terrorism (Temporary provision) Act No. 48 of 1979 gives wide powers to the police and the Minister of Defence to arrest and detain Tamils for a period of 18 months at a stretch without being produced in courts. This Act gives a free hand to the Security forces to arrest, detain, torture, rape, kill and dispose bodies with impunity.

Torture

"Torture has been banned by UN treaty since 1987… but since the beginning of 1972 torture became  a major problem in Sri Lanka. Arrested People, especially Tamils are tortured not just for information but because of who they are or what they believe".        - TCHR

The sexual abuse of male detainees in Sri Lanka

 

Medico-legal reports were written by 17 doctors that supported the allegations of tour in Sri Lanka made by 184 Tamil men who had been referred between January 1997 and December 1998. During the interview and examination, an assessment was made about the demeanour of the patient, and the reliability of his history. 74 (40%) were aged between 25 and 30 at the time of the analysis, so they would have been several years younger when they were detained and tortured by the Sri Lankan authorities, principally the army. 25 (13%) were younger than 25 when they were first seen at the Medical Foundation, 71 (38%) were aged 30-40 years, and 14 (6%) were older than 40. There was no significant difference in the proportion of each age-group who said they has been sexually abused.

 

Of the 184, 38 (21%) said they has been sexually abused during their detention. Three (7%) of the 38 said they had been given electric shocks to their genitals, 26 (68%) had been assaulted on their genitals, and four (9%) had stick first pushed through the anus, usually with chillies rubbed on the stick first. One said he had been forced to masturbate a soldier manually, three had been made to masturbate soldiers orally, and one had been forced with his friends to rape each other in front of soldiers for their "entertainment".

 

Of the men who said they had been sexually abused, 11 reported being raped as part of that sexual abuse; this represent 5% of the total number of men on whom reports were written.

 

Of the 184 men, 45 (24%) described a range of psychological symptoms that included difficulty getting to sleep, waking with nightmares, jumpiness and irritability, behaviour to avoid being reminded of the detention and depression. These are all symptoms of post-traumatic stress disorder (PTSD). 29 (15%) men had many of the symptoms of PTSD, not enough to be consistent with the full diagnosis. Of these only two (5%) gave a history of sexual abuse. 43 (23%) of the men described disturbance of their sleep as their, only psychological symptom. Of these five (13%) had a history of sexual abuse. Two (1%) men were anxious, but had no other psychological symptoms. 65 (35%) of the men said that they did not have any psychological symptoms. Of these, ten (26%) gave a history of sexual abuse.

 

In the initial describing of the (female) "rape-trauma syndrome", victims were said to exhibit one of two styles, the "expressive" and the "controlled". In one study 79% of male rape victims were classed as "controlled"-calm, controlled, or subdued.                                 ("The Lancet" - vol. 355 - June 10, 2000)

 

Deported Tamils face Torture

The Sri Lankan government declines to disclose how many prisoners are held in its jails. Under the Prevention of Terrorism Act (PTA) and the Emergency Regulations, people almost always Tamil people - suspected of involvement in anti-government activities can be picked up and detained indefinitely.

 

The security forces conduct mass arrests and detentions of young Tamils, both male and female. Hundreds of Tamils at a time are picked up during search operations carried out by security forces. Tamils claim that the arrests are a form of harassment directed against them.

 

Once in prison, Tamils are subject to various forms of torture, ranging from beatings with poles to having their genitals squashed, fingernails pulled out and being pierced through the anus with an electric drill. Recently it is said that the forms of torture have become more subtle, so that the effects are not visible. (Excerpts from "The Independent -  8 June 2000 - Published in United Kingdom)

 

(Please refer to page 105 for summary)

34

Detention

 

Year 2000 - over 18,000 arrested under PTA-ER

14 February 2001 - More than 18,000 persons, mostly Tamils, were arrested under the draconian Emergency Regulations (ER) and the Prevention of Terrorism Act (PTA) last year said a senior human rights worker in Colombo. "The press in Colombo reported 13,514 arrests under the ER and PTA from January to November 2000. More than forty percent of the arrests under the ER and PTA are not reported by the press here. So the real figure would be not anything less than eighteen thousand," Mr. N. Kandasamy, co-ordinator for the Centre for Human Rights and Development in Colombo said. At least 2,500 Tamils are being held in various detention centres now, according to him. "They are all political prisoners" Mr. Kandasamy said.

 

"Not all those arrested under the ER and PTA are issued with receipt of the arrest and all arrests should be reported to the Human Rights Commission according to the law. But this is not the case",  says Mr. N. Kandasamy, Co-ordinator for the Centre for Human Rights, Colombo.

 
There are many unauthorised detention centres in many parts of the island. It is required under the law to publish in the government gazette all authorised places of detention. But not all places are gazetted and authorised under the law, human rights workers say.      

An average of 50 persons per day arrested under PTA-ER in Sri Lanka !

 

Nine undergraduates arrested

COLOMBO, Jan 15 2001 (AFP) - Sri Lankan troops arrested nine undergraduates who were putting up posters in a bid to pressure the military to reciprocate a truce called by Tamil Tiger rebels, the government said Monday.

 

The students were taken into custody on Saturday and later handed over to local police in the northern peninsula of Jaffna, the government's Special Media Information Centre said in a statement.

 

Putting up posters against the government can be an offence under tough emergency laws in force here but it is not clear if the students were taken into custody under those regulations. The LTTE declared a unilateral one-month long cease-fire from Christmas day and asked the government to reciprocate it, a demand rejected by the authorities.

 

Military death squads return to Vavuniya!

" Vavuniya people fear that the dreaded white vans of (Sri Lanka) military death squads have returned. Five civilians are reported abducted in white vans. Vavuniya trader Kandasamy Karunakaran was abducted by unidentified gunmen in a white van on 17 November, taken to Colombo and detained. He managed to escape after five days and has reported his ordeal to the police in Vavuniya.

 

Meanwhile, complaints have been made to the Human Rights Commission that 18 people, 14 of whom were arrested by security forces in November including 13 year-old S Thileepan, are missing. Five were from Vepankulam and Poonthottam refugee camps... .... Subramaniam Kannan, 23, of Vavuniya, arrested by police on 20 June alleges in a fundamental rights application to the Supreme Court that he suffered severe torture for 42 days. At the time of the arrest he was not informed of the reasons. He was handed over to the Army on 26 June and was beaten repeatedly with batons at the 211 Brigade Army camp in Vavuniya. He was stripped and given electric shocks.

 

The Army thereafter handed Mr Kannan over to the police Counter Subversive Unit (CSU). His head was covered with a plastic bag dipped in petrol. He was repeatedly assaulted and barbed wire was inserted into the rectum. He was forced to sign a confession under torture in the Sinhala language which he does not understand. Under Emergency regulations and the Prevention of Terrorism Act, a confession made to a police officer is admissible as evidence..." (Excerpts from British Refugee Council - Sri Lanka Monitor November 2000)

Parliamentarian arrested

30 October 2000 - Leader of the Upcountry People's Front, Mr. Periyasamy Chandrasekaran - Member of Parliament for the Nuwara Eeliya district was arrested at his home, under the Emergency Regulations on 30 October 2000. He had been questioned by CID for more than 10 hours and then taken to Colombo to the notorious fourth floor for further interrogation by the police officials.

 

35

144 government run places of detention

 

The ICRC activities in Sri Lanka cover a wide spectrum of humanitarian activities, such as :

Visits to prisoners held by all conflicting parties which have recognised the ICRC's humanitarian mandate :

·                    2,586 detainees were visited, in 144 places of in government run places of detention, in 1999.

(ICRC Fact sheet - 26/1/2000)

(Please refer to page 89 for summary of arrests AND page 64 for list of detainees in Kalutara prison)

 

Disappearances

 

Visit to Sri Lanka by a member of the Working Group on Enforced or Involuntary Disappearances

(25-29 October 1999 - Excerpts from report : E/CN.4/2000/64/Add.1)

 

18.       On the basis of a directive issued by the President of the Republic in October 1996, the Secretary of the Ministry of Defence on 5 November 1996 appointed a Board of Investigation into Complaints of Disappearances in Jaffna Peninsula.  This Board of Investigation was chaired by Mr. Bandula Kulatunga, a retired senior officer of the Sri Lanka Administrative Service, and was composed of four high-ranking officers of the Army, Navy, Air Force and the Police.  It visited Jaffna Peninsula several times and investigated a total of 2,621 complaints and established 765 cases of disappearance.  On examining reports from police stations and detention centres and after visits to these places of detention, the Board was able to trace 201 persons.  It also established that 16 persons were dead, 14 of whom at the hands of the Security Forces.


21.       On 11 August 1998, the Commission submitted its first Annual Report, which covers the period from 17 March 1997 to 30 March 1998, to Parliament.  The report has, however, not yet been made available to the general public.  According to this report, the Commission has received a total of 4,350 complaints, has visited 1,240 police stations and 291 detention camps where it was in contact with a total of 3,444 detainees most of whom (3,325) were of Tamil ethnic origin.  It investigated 842 cases of missing persons and traced 219 of them.  In Vavuniya, out of 142 cases, 104 persons have been traced.  In Jaffna, 16 persons were traced out a total of 325 cases.  In Batticaloa 62 persons were traced out of a total of 204 cases and in Colombo, out of 76 cases, 16 persons were traced.  The Human Rights Commission could, however, not indicate whether any of the disappeared persons reported to the Government of Sri Lanka by the United Nations Working Group were among those traced by it.

 

22.       During the period between August 1998 and September 1999, the Human Rights Commission received 1,852 complaints against members of the armed forces and the police.  A total of 1,122 persons were reported missing during this period of whom the Human Rights Commission could actually trace 648, i.e. more than half.  In Vavuniya, 251 out of 497 missing persons were traced, in Batticaloa, 274 out of 285.  Again, the Working Group was not able to check whether any of the disappeared persons on its list were traced by the Human Rights Commission.

 

24.       Members of the Human Rights Commission also informed the Working Group that a total of 932 visits to police stations and 380 visits to detention camps had been carried out from January 1999 to September 1999; 2,315 detainees were visited, including 520 in Vavuniya, 476 in Jaffna, 462 in Anuradhapura and 202 in Batticaloa, of whom 2,179 were of Tamil ethnic origin.

25.       During the period between 1 January and 30 July 1999, a total of 1,278 arrests were reported to the Human Rights Commission.  Most of them occurred in Vavuniya (792), Jaffna (125), Trincomalee (116) and Kalmunai (94). Members of the Human Rights Commission also reported to the Working Group that its Jaffna Regional Office is conducting relevant investigations on 277 cases of enforced or involuntary disappearances transmitted by the Working Group to the Government of Sri Lanka.  According to the information provided, 16 persons had been traced by that Regional Office.

* * *

August 2000 - Four villagers who went in a tractor to collect firewood in the jungles of Maha Oya - 45 km south-west of Batticola town, were  reported missing. According to complaints made with the Batticola Human Rights Commission (HRC), five others who went along with them had escaped and returned home, leaving behind the tractor, when troops opened fire. On 22 August,  two bodies of the four reported missing were found in decomposed state in the jungles of Maya Oya.

 

November 2000 - Fifteen Tamils from Kopaveli, a village situated 30 km Northwest of Batticola town, who went to collect firewood in the forests near Amparai border, have been reported missing by their relatives.

 

36

Sri Lanka: "Disappearances" on the rise

(31 August 2000 - AI Index ASA 37/027/2000)


In a letter sent to the President of Sri Lanka today, Amnesty International urged investigations into an increasing number of "disappearances" reported over the last two weeks in northern Sri Lanka.

These "disappearances" have taken place in the context of a general deterioration in human rights following the introduction of emergency regulations in May 2000. The regulations increase the risk of secret detention and "disappearances".


 "Security concerns cannot justify human rights violations. The Sri Lankan government must take action to prevent further 'disappearances' and immediately investigate those that have already taken place," Amnesty International said. (Excerpts)

 

Chemmani mass graves: cover-up continues !

 

More than 600 people were reported missing during 1996 and 1997 after the Sri Lankan army took control of the Jaffna Peninsula. Former Sri Lankan Army Lance Corporal Rajapakse, testifying in the Krishanthy Kumaraswamy gang-rape and murder case, in the High Court Colombo, on July 5th 1998, said that hundreds of men and women arrested by the army were killed and buried in Chemmani. Subsequently threats were made on his life and against his family to pressurise him to withdraw his statement.

 

Until now, only 17 bodies have been exhumed from the Chemmani mass graves. This was only after many delays and unprecedented international pressure from Human Rights bodies. The government of Sri Lanka categorically denied permission for foreign forensic experts to conduct investigations, despite strong recommendations from the relevant UN bodies. Excuses such as not enough facilities were made, in order to put a stop to the uncovering of more bodies. For the families of the disappeared this has been a total sham.

 

On 21st February 2000, evidence in the Chemmani mass graves case was displayed  in Jaffna Central College, for identification by members of the public who had reported their relatives missing. Hundreds of people came between 8.00 am and 13.00pm, to find if any objects which had been unearthed belonged to their relatives. The relatives of Sumathy Sockalingam verified that a nose-stud and under-garment were identified as belonging to her. According to the relatives, she had been abducted by the Sri Lanka Army soldiers from her home.

 

On 22nd February 2000, Mr M. Ilancheliyan, the Jaffna Magistrate ordered the police to arrest and produce fourteen police and army personnel who had allegedly been involved with the disappearances of persons. He made the order at the end of the proceedings regarding the identification of the remains of fifteen disappeared persons exhumed from the Chemmani grave sites. Two persons were identified earlier.

On 6th March 2000 an article in the newspaper Veerakesari, quoted the officer of the Criminal Investigation Division (CID) of the Police in Colombo, as saying he had not received any document from the Magistrate of Jaffna regarding the arrest of the fourteen suspects. The orders were subsequently faxed to the CID in an attempt to avoid any further delay.


On 14th March 2000 Jaffna Magistrate Mr M. Ilancheliyan remanded three captains, a private of the Sri Lankan army and a police constable in connection with the Chemmani case. Many relatives and family of the disappeared were present. After being produced in court the five suspects were arrested and then flown to the Sri Lankan army base at Palaly. The five security forces personnel are:

Capt. Hewa Jayatillake Lalith Thusitha Kumara; Capt. H.Gamage Athula Udyaya Kumara; Capt. Wijitha Gamage Nimal Sasitha Perera; Private.S. Wijesiriwardena; Police Constable P.A Samarawickrema.

 

According to legal sources in Colombo, the arrest of the suspects had to be co-ordinated with the Sri Lankan army’s military police.

 

On 20th April 2000 Major General Janaka Perera was appointed overall Operational Commander for the Jaffna Peninsula and Joint Chief of (Army) operations.

 

 

 

37

This was highly disturbing for the local Tamil civilians who could reasonably fear for their safety, as he was implicated in many of the disappearances and also in ethnic cleansing and shelling of civilian areas and torture.

Brigadier Perera, as he was at the time, was in charge of the area where the 600 Tamils civilians were reported disappeared. The murders were committed in different army camps in the vicinity and the bodies brought in truckloads to be buried in Chemmani. It has been re-iterated time and time again that such huge numbers of killings could not have occurred and the bodies buried without the knowledge of the Commanding officer. Several soldiers who testified in the case have themselves confirmed this. Soon after Brigadier Perera’s period in Jaffna in 1996 he was rewarded with promotion, as Deputy Chief of Staff of the Sri Lankan Army. 

On 1st June 2000 The Magisterial inquiry relating to Chemmani graves came up for hearing before Colombo Chief Magistrate. Initially the Jaffna Magistrate's Court heard the case, but following an order by the Court of Appeal, the matter was transferred to the Colombo Magistrate.

The Court of Appeal made this order after an application by the suspect army officers that their lives were in danger in appearing at the Jaffna Magistrate's Court for the case. The Court allowed an application by Senior State Counsel seeking written authority from Court to enable a senior CID Officer to proceed to Jaffna and bring the relevant case records presently lying at the Jaffna Magistrate’s Court.


No massacre of Tamil civilians in the past has ever had an independent inquiry.
 

(Please refer to page 100 for summary and page 112 for annexe)


Summary executions

The incidence of extra judicial killings is far too numerous and far too widespread in the North-East to catalogue or categorise. From indiscriminate aerial bombings to secretive sniping, one comes across extra judicial killings.

Special rapporteur - Disappearances and summary executions

Summary of cases transmitted to Governments and replies received

(Excerpts from report, E/CN.4/2000/3/Add.1 - Sri Lanka)

 

402.         The Special Rapporteur transmitted one urgent appeal and nine communications to the Government concerning violations of the right to live of the following persons.

Observations

414.         The Special Rapporteur regrets that the Government has not replied to her communications.

 

It's better to kill the people

 

In June 2000, the Bishop of the Catholic Church in Mannar Rt. Rev. Dr. Rayappu Joseph said in appeal sent to the heads of foreign missions in Colombo  "I am given to understand that the attitude of the armed forces is that 'it is better to kill the people than allow them to go into the LTTE controlled areas”.

 

Sri Lankan Navy officer committed war crime

Federal court of Australia

 

Bandisattambige Ajith Susantha Fernando, a former Sri Lankan Navy officer committed a crime against humanity, a war crime, and therefore was not eligible for refugee status, concluded the Federal Court of Australia, 8 June 2000. He was excluded from coverage of the 1951 Convention relating to the Status of Refugees under Article 1F(a) and 1F(b)

 

The decision of the Federal Court upheld that of the Refugee Review Tribunal. The latter’s report, dated  10th March 2000, had stated that, “The tribunal is satisfied that the applicant’s actions cannot be regarded as being isolated or random acts, but rather part of a larger design to persecute Tamil civilians, including Tamil refugees.”

 

Fernando admitted to killing unarmed civilians in a refugee camp. In early 1993 he was stationed near Jaffna in the North of Sri Lanka. An ICRC refugee camp giving shelter to 300-400 Tamil refugees stood in the way of the Sri Lankan forces securing a pier from the LTTE. The ICRC flag was flying above the camp, clearly identifying it as being under the auspices of the ICRC. Fernando’s commanding officer ordered him to kill the civilians in the camp. He was not surprised or alarmed at the commanding officer’s direction.

38

Under Fernando’s command, 8 men and a Tamil speaking interpreter approached the camp wearing clothes consistent with the usual dress of the LTTE, and tried through the Tamil interpreter, to engage the civilians in the camp. The civilians in the camp were apparently not deceived by the guise and started shouting at them. The nine members of the Sri Lankan armed forces exposed their M16 rifles, formed an angle formation and shot at the civilians. None of the camp occupants were armed, their ages varied between 5 and 50 years of age. 40 refugees were murdered, 18 of whom were in the range of Fernando, including a pregnant woman. The remaining refugees fled. After the massacre Fernando was commended by the commanding officer and told to forget about the events. He had freely participated in the act.

 

Army Shot five people in Mosque

In October - Schools, shops and government offices were partly shut down in the eastern Muslim town of Akkaraipattu, 64 kilometres south of Batticola on the south-eastern coast of the island, in protest over Sri Lankan Police shooting and wounding five people in the town's main Mosque.

 

Youth beheaded by Army

9 August 2000 - Two civilians were killed by Sri Lanka army troops in Batticaloa. Soldiers of the Morokkoddaanchenai Sri Lankan Army camp beheaded one of the civilians, Arulampalam Santhiramohan, 20 and shot dead the other, identified as Thiyagarajah Gnanarajah, 29, father of four. The Army  has taken Santhiramohan's body to the Morokkoddaanchenai camp. Eravur Police informed the Batticaloa district judge A. Viswanathan that they had declined to accept a head of a person that the Sri Lankan Army had brought from Sithaandy following the fire-fight. The Police had asked the Army to bring the person's body as they required it for inquest and investigations. Santhiramohan's body has not been released despite appeals by his grieving relatives who have gathered before the camp.

 

"I found my husband's headless body"

On 10 August 2000 - A little boy came running home around 11 a.m. and told Ambikapathy Santhiramohan that soldiers had lopped off her husband's head. "I ran towards the field where he was working and saw some soldiers taking a human head in a white bag. In the field I found my husband's headless body" said Ambikapathy Santhiramohan, 20, giving evidence at the inquest into her husband's death before Acting Magistrate for Batticaloa, D.C Chinniah, 10 August 2000 at the Eravur Police station. Ambikapathy was married four months ago to Arulampalam Santhiramoham, 20, who was beheaded at Sithaandy, 24 kilometres north of Batticaloa


The Acting Magistrate returned a verdict of homicide and asked the Eravur Police to conduct investigations. Dr. S. Sukumar, District Medical Officer for Eravur, in his report at the inquest said that the death was caused due to beheading with a sharp instrument. He noted that there were gunshot wounds in Santhiramohan's right thigh and armpit and a knife wound on the deceased left forehead. There was an injury on the youth's left shoulder caused after the death due to an explosion, the doctor observed.

Six Plantation workers shot dead

"...Six plantation Tamil workers were shot dead by the police during the violence in late October 2000. According to reports, the bodies were buried without post-mortem. A cover-up is suspected and lawyers say that relatives are afraid to come forward to assert their rights... ... A number youths have been taken into custody in Haputale, Upcot and Badulla. Eighteen Tamil youths from Needwood Estate in Haputale, who were granted bail on 3 November, allege that they were severely beaten up in detention.

 

In a letter to President Chandrika, MP and Upcountry People’s Front (UPF) leader P Chandrasekaran says that only Tamils are being arrested and no action is being taken against persons who burned Tamil shops in Talawakelle and Ginigathena. Two officers of the UPF have also been detained.

 

An UPF delegation led by Mr Chandrasekaran told Justice Minister Batty Weerakoon in mid-November that arrests in the Hill Country relating to any violence in October and November should be under normal law. Current arrests under Emergency regulations or the Prevention of Terrorism Act (PTA) make it extremely difficult to obtain release on bail. Emergency regulations introduced in May this year, empower the police to detain a person for 90 days with provisions for extension.

 

While attempts are being made to form peace committees, trade unions and MPs say that the military presence in the Hill Country is creating tension and have demanded the withdrawal of the Army. But following a directive from Prime Minister Ratnasiri Wickremanayake, government offices in the region have made it clear that the Army will remain until peace is restored and the refugees return to home areas..." (Excerpts from British Refugee Council - Sri Lanka Monitor November 2000)

(Please refer to page 93 for summary)

39

Massacres

 

31 Tamils killed in detention centre

 
25 October 2000 -  Thirty one people were killed and more than forty others were wounded when a mob attacked the Bindunuwewa detention centre, which houses people arrested under the Prevention of Terrorism Act and held for "rehabilitation".  About eighty PTA (Prevent of Terrorism Act) detainees - all of them Tamil - were there in the rehabilitation camp at the time of attack. Bindunuwewa is in Bandarawela district in the central part of Sri Lanka.

 

Nearly 2000 Sinhalese thugs stormed this centre which was guarded by the Prison authority. This centre was maintained by the National Youth Service Council. The Tamil detainees were supposed to have been going on a hunger strike because they were kept in detention without any inquiry or trial and were dissatisfied with the facilities in this rehabilitation centre.

 

Those who were killed are innocent youths, not linked with any political organisation, arrested and detained under the PTA.

 

Kofi Annan distressed by killings in Sri Lanka

 

The following statement was issued by the Spokesman for Secretary- General Kofi Annan

 

The Secretary-General was profoundly distressed by the reported killing on 25 October of more than 20 ethnic Tamil inmates of the rehabilitation centre in Bandarawela, Sri Lanka. He trusts that the authorities will make every effort with a view to bring to justice those responsible by conducting an impartial inquiry. He also appeals to all parties in Sri Lanka to refrain from any further escalation of violence, especially terrorist acts, which he condemns in the strongest possible terms.  (Press release - SG/SM/7605 - 27 October 2000)

ICRC in Colombo

October 25, 2000 - Mr. Harsha Gunawardene spokesman for the International Committee of the Red Cross (ICRC) in Colombo said that in accordance with International Law, the detainees' authorities have to take responsibility for the safety and security of the detainees at all times and under all circumstances.


He said the delegates of the ICRC were in Bindunuwewa and had visited the 12 wounded detainees admitted at Bandarawela hospital. The ICRC delegates are unable to access the Bindunuwewa detainees rehabilitation camp due to the tense situation prevailing there, he added. 


Amnesty International

Open letter on the killing of 26 detainees

Wednesday's gruesome killing of at least 26 Tamil young men and boys aged between 14 and 23 who were detained for "rehabilitation" near Bandarawela, Sri Lanka, should be investigated fully, Amnesty International said today in an open letter to the President Kumaratunga.


Police and army personnel deployed at the rehabilitation camp failed to protect the inmates from villagers armed with machetes and clubs. There are further allegations that some of them may have been involved in inciting the villagers or may have assisted them in entering the camp.


The organisation welcomed the President's condemnation of the attack and that two police teams were sent to investigate the scene immediately. However a full impartial investigation is needed to ensure that those found responsible are brought to justice and that compensation is paid to the victims and the relatives of those killed.


It also urged for a thorough review of provisions in the Emergency Regulations and the Prevention of Terrorism Act which allow for prolonged detention and were key contributing factors in this latest incident. (AI Index: ASA 37/031/2000 - Publish date: 27/10/2000)

 

 

 

 

 

40

Recent massacres and major killings of Tamils by Sri Lankan Security forces

 

Tamil Centre for Human Rights - TCHR/CTDH                                Email : tchrgs@hotmail.com /  tchrdip@hotmail.com

 

 

Major incidents                               Date                           No. Killed                  No. Injured

 

Vantharumoolai                                             05/09/1990                158                             -----

Saththurukkondan                             10/09/1990                184                             -----

Kokkaddicholai (II)                            12/06/1991                82                                200

Massacre in the Killaly sea(I)                       02/01/1993                52                                -----

ICRC refugee camp - Jaffna                                  1993                 40                    (see page 38)

Nachchikuda Massacre                               18/04/1995                30                                060

Navaly St. Peter's Church Massacres        11/07/1995                165                             150

Nagar Kovil School Children Massacre     22/09/1995                71                                100

Bolgoda Lake - Colombo                          1995                 27                                -----

Kumarapuram Massacre                 11/02/1996                24                                -----

Poonaithoduvai in Kilinochchi                     18/02/1996                11                                -----

Muthumariyamman Temple - Jaffna            03/03/1996                07                                21

Nachchikuda                                      16/03/1996                16                                60

Sithandi, Kaluvenkerni - Batticaloa 11/05/1996                18                                30

Massacre in the Killay Sea (II)                     20/04/1996                42                                075

Puttur - Jaffna                                                03/06/1996                08                                -----

Mallavi Town - Mallavi, Vanni                       24/07/1996                09                                24

Puthukudyiruppu - Kilinochchi                      31/07/1996                10                                30

Kilinochchi town - Kilinochchi                      25/09/1996                05                                09

Puthumurippu - Kilinochchi              25/09/1996                05                                15

Vavunikulam - Kilinochchi                26/09/1996                04                                12

Konavil - Kilinochchi                         27/09/1996                04                                08

Akkarayan - Kilinochchi                                29/09/1996                04                                07

Ponnalai Bridge in Jaffna                 29/01/1997                09                                -----

Nedunkerni - Vanni                           17/07/1997                08                                22

Vavunikulam - Church - Vanni                     15/08/1997                09                                21

Mullaitivu (Manthuvil)                         11/08/1997                40                                86

Amparai                                             24/09/1997                08                                13

Market Place in Batticaloa               11/12/1997                05                                53

Kalutara Prison                                             12/12/1997                03                                20

Jaffna Coast - Jaffna                                    27/01/1998                09                                15

Thampalakamam                              01/02/1998                08                                19

Vaddakkachchi in East Paranthan 26/03/1998                08                                37

Suthanthirapuram in Mullaitivu                     10/06/1998                32                                52

Mullaitivu                                            15/09/1999                22                                35

Maddhu church - Mannar                  20/11/1999                38                                56

Batticaloa (near Buddhist temple)  17/05/2000                19                                43

Kaithaddy (Home for the age)                     19/05/2000                15                                31

Muttur (           Poomarathaddysenai)                      04/10/2000                08                                ----      

Bindunuwewa detention centre                   25/10/2000                31                                78

Mirusuvil                                             19/12/2000                08                                ----

(many more to be included)

 

41

Barbaric killings on the increase in Sri Lanka

 

In a statement released by Tamil Centre for Human Rights - TCHR on 25 October 2000, the massacre was described as follows :

 

"This morning at 5.00 am local time, around 2000 Sinhala thugs stormed a rehabilitation centre in Bindunuwewa, housing more than 50 Tamil detainees, wielding knives, machetes, axes and iron rods. They hacked to death 24 defenceless Tamil political detainees and then set fire to the whole centre. 16 detainees were seriously wounded and a further seven were injured. 20 detainees are still missing! Bindunuwewa is in Bandarawela district, in the central part of Sri Lanka.

 

The police on duty took no serious action to stop the violence. They called the army base, 15km away. By the time the (army) "rescue team" arrived, two hours later, the horrific incident was over. The BBC reported defence forces as saying that the incident could not have been carried out without the tacit consent of the security forces. Recently, posters have been displayed prominently in the area inciting racial hatred and violence against the Tamils.

 

The centre was run by the National Youth Service Council. The young Tamil people housed there have been arbitrarily arrested under the draconian Prevention of Terrorism Act and the Emergency Regulations. Thousands of such arrests take place in the South of the island.

 

The Tamil youths who were in the centre were mostly under 19 years old. These detainees, arrested under the PTA had been planning to hold a hunger strike demanding that they be either charged or released.

 

Internationally, the Sri Lankan government declares a commitment to Children's rights. Yet it actually encourages barbaric violence against Tamil young people, from the hate propaganda generated against Tamils to the injustice of the PTA and ER and routine use of torture. Recent reports of routine medieval style torture in Colombo detention centres have written of sexual violence against Tamil men and boys.

 

The civilian, police and military authorities, are all the responsibility of the Sri Lankan government, which has failed abysmally to protect the lives of these innocent youth. This latest barbaric massacre follows several others. In 1983 Sinhala convicts butchered 53 Tamil political prisoners in Welikade prison - prison guards joined in. In December 1997 three Tamil were hacked to death while guards looked on. Two Tamil political prisoners were murdered in Kalutara jail in January this year. (Excerpts)

(Please refer to pages 114 and 116 for annexe)

 

9th year of Batticaloa massacre

"Justice delayed is justice denied"!


Sri Lankan soldiers from the Punanai camp near Mailanthanai-Batticaloa went on a rampage on the morning of 9 August 1992, hacking with swords and knives men, women and children in the village. According to a witness, survivors hid in the jungles for days fearing another attack before trekking to safety in Valaichenai.


There are thirty-two witnesses in the case. They were rendered homeless after the massacre and have been living in meagre refugee camp in Valaichenai, 32 kilometres north of  since 1992.


According to a senior human rights activist, this case should have been heard in the Batticaloa high court for the incident occurred in a place under its jurisdiction. But it was changed to the Polonnaruwa courts and then handed over to the  high court where for five years it was not taken up for hearing because evidence given in Tamil by the witnesses was not translated into Sinhala.


The survivors of the Mailanthanai massacre identified 24 Sri Lanka army soldiers from the Punanai camp at an identification parade at the Batticaloa magistrate's court in 1992. A case was filed against the 24 soldiers in the Batticaloa magistrate's court on 2 April 1993.


The Movement for Inter-Racial Justice and Equality (MIRJE) that was handling the case at the time raised strong objections against hearing the case in Polonnaruwa, averring that it was not safe for the witnesses to travel to and stay in that town. Human rights activists said at the time that the objection was tacitly underpinned by apprehension about an inevitable pro-army sentiment in the Sinhala dominated town.

 

42

Witnesses say that it is frustrating to be told that another date has been fixed for the hearing every time they made the arduous journey from Valaichenai to Colombo for the last five years.


"We are very poor people. The court pays only for our travel. We have to spend our money to find places to stay and eat. Some of the female witnesses have small children and infants. If not for the little assistance given us for going to Colombo by those who take an interest in the case we may not be able to make it at all" said Mr. Rasan Kitnan, 50, a witness in the case.


Each family in the Valaichenai refugee camp for the survivors of the massacre is given 1260 rupees (14 US Dollars) in dry rations per month. They eke out a living by chopping fire wood and working as agricultural labourers. The Army continues to block their resettlement in Mailanthanai. "Compelling these impoverished people to go to Colombo is wrong. One, it is very expensive for them; two, it is not safe.

 

A Human rights activist, points out that the Mailanthanai massacre is not the only case bogged down in this manner by the island's judicial system. "The Police did not even bother to file first information reports (FIR) for the other mass murders by the Sri Lankan security forces in the north and east since 1990 despite strong recommendation by Commissions of inquiry urging the government to forthwith institute legal proceeding against the perpetrators identified and named in their reports" he said, referring to the massacres of more than 900 Tamil civilians in Kokkaddicholai (1991), Sathrurukkondaan (1990), Eastern University (1990), Puthukudiyiruppu (1990) and the Sithaandy Murugan temple refugee camp (1990) in the Batticaloa district and the Pandiruppu (1990), Wattiaveli (1990) and Veeramunai (1990).


The case against soldiers accused of the Kumarapuram massacre in (1994) and the court proceeding on the Chemmani mass graves of civilians allegedly arrested and murdered by Army soldiers in Jaffna in 1996 are still pending like scores of other cases in which the security forces personnel have been accused of murdering innocent Tamil civilians in the north and east.

(Please refer to "Freedom of Expression", pages 44-46 for brutal killing of Journalist, M. Nimalrajan)

 

Death Penalty

 

Death penalty is yet to be banned under international law,

While the death penalty is yet to be banned under international law, the trend towards this goal is obvious. The adoption in 1989 of the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty was a clear recognition by the international community of the need to eliminate the use of capital punishment, totally and globally

Mary Robinson,
UN High Commissioner for Human Rights

12 October 1999

 

The death penalty  is the  ultimate  cruel,  inhuman  and  degrading  punishment. It violates the right to life.  It  is irrevocable  and can be inflicted on the innocent. It has never been shown to deter crime more effectively than other punishments.  -- Amnesty International

 

Executions may be resumed after 24 years in Sri Lanka

The resumption of executions after 24 years would be a major step backwards for human rights in Sri Lanka, Amnesty International said in letters to the Prime Minister and other officials.

Following a cabinet decision in the context of rising levels of crime last March, the government is on the verge of breaking its 24-year moratorium. "The death penalty is a brutalising punishment, ineffective and a gross human rights violation. It's not possible for a country to execute prisoners and fully respect human rights at the same time," Amnesty International said. "No one can condone the grave acts which some criminals commit but the death penalty is not the answer. The majority of governments have found alternative punishments."


The letters urge the government to seriously consider several factors:

Studies from around the world, including one in Sri Lanka in the late 1950s, have shown that the death penalty does not deter people from committing crimes. If a rise in crime is the issue, the government must address this through comprehensive policy measures and not with executions. Amnesty International is urging the government to consider a commission of inquiry into rising levels of crime which would propose effective measures.

 

43

The death penalty has been shown to be discriminatory, usually carried out on the poorer and more marginalized people in society. If Sri Lanka were to resume executions, it would be going against a clear international trend towards abolition of the death penalty and a moratorium on executions. In the past decade, an average of three countries a year have abolished the death penalty. So far 108 countries have abolished it in law or in practice.


There is always the risk of executing innocent people. A number of countries have recently released death row inmates found to be innocent: Philippines, Malaysia, Belize, China, Pakistan, Trinidad and Tobago, Malawi, Turkey, the USA and Japan.


The United Nations Commission on Human Rights has repeatedly called for a world-wide moratorium on executions. "Amnesty International is calling on the government to uphold the most basic human right -- the right to life -- and not resume executions. Advocating such violence will wind the clock back for human rights in Sri Lanka."

 

Freedom of expression

 

At least 31 journalists killed in Sri Lanka !

Reporters Sans Frontières (Reporters Without Borders - RSF)

 

In a letter sent to the Sri Lankan minister of defence and president of the Republic, Chandrika Kumaratunga, Reporters Sans Frontières (Reporters Without Borders - RSF) expressed its profound indignation after the murder of Myilvaganam Nimalrajan, journalist based in Jaffna and regular contributor to the BBC Sinhala and Tamil services.

 

"If the guilty persons are not identified and punished, no independent journalist will be able to feel safe in Sri Lanka", stated Robert Ménard, general secretary of RSF. "Impunity of journalists' murders has already lasted too long. To prove its credibility the government has to guarantee the protection of information professionals throughout the country", added Robert Ménard. RSF noted that at least 31 journalists have been killed in Sri Lanka since 1988 in practising their profession.


According to the information collected by RSF, Myilvaganam Nimalrajan, correspondent of the Tamil daily Virakesari, published in Colombo and regular contributor to the BBC and several other international media, was killed on 20 October 2000, in his home in Jaffna (north of the island). Whereas curfew had just been imposed, unknown persons machined-gunned the room of his house in which he was, and threw in a hand-grenade. The parents and the nephew of the journalist were also injured.

 

Thirty-eight years old, married and father of three children, Myilvaganam Nimalrajan was the last independent journalist who covered the conflict in the Jaffna peninsula for the foreign press. The journalist lived in a "high-security zone" protected by the army. He was one of the only people who could cover the war between the Tamil Tigers and the regular army. Sri Lankan and foreign reporters are rarely authorised to go to Jaffna. Recently he reported the rigging and threats during the last elections on 10 October. Myilvaganam Nimalrajan denounced, above all, the Eelam People's Democratic Party, a Tamil movement which fights with the government troops against the Tamil Tigers separatist movement. Nobody has claimed responsibility for the murder.

 

Reporters Sans Frontières defends jailed journalists and press freedom throughout the world, that is, the right to inform and be informed, in accordance with Article 19 of the Universal Declaration of Human Rights. Reporters Sans Frontières has eight branches (Belgium, France, Germany, Great-Britain, Italy, Spain, Sweden and Switzerland), representatives in Bangkok, Washington, Abidjan and more than a hundred correspondents world-wide. (Urgent Press freedom - 20 October 2000)

 

Brutal killing of a journalist

Nirmalarajan received death threats - OMCT

The International Secretariat of OMCT has been informed by Asian Centre for the Progress of Peoples, (ACPP), a member of the OMCT network, that on 19 October 2000, Mr. Mylvaganam Nirmalrajan, 38, a well-known journalist and father of three, was shot dead in his own home, through the window of his room, as he wrote a news report.  He was the Jaffna correspondent for the Tamil daily "Virakesari", the independent Tamil radio station, "Sooriyan FM", the popular Sinhala political weekly, "Ravaya", the Tamil and Sinhala services of the BBC. He was also the secretary of the Northern Journalists' Association.

44

According to the information received, days before his killing, Nirmalrajan had confided with colleagues that he had received death- threats.  He had reported on the serious problems of the Tamil people displaced by the war, and the destruction of family life.  He also reported vote rigging, intimidation and violence in the recent elections, carried out by a militant group active on the peninsula.  The armed group, which has joined the political mainstream and contested parliamentary elections, helps the Sri Lankan government’s security forces in the peninsula. Nimalrajan had written reports critical of the group. (Excerpts from press release of "OMCT" )

 

Person responsible for the killing

may even roam the corridors of power

Killing of a person is just a mere statistic in Jaffna. In a brutal war which has killed nearly 60,000 people, Mylwaganam Nimalarajan would be just another person.

 

He worked for the BBC over six years. He never got anything wrong. In 1983, the Sinhala mobs set fire to the house where I lived all my life. It changed my life for ever. The crime we did was to protect our Tamil neighbours. Another mob in a different part of the city, drove Nimalarajan and his family away from Colombo.

 

The police might investigate this brutal, inhuman, act of barbarism against a simple but powerful human being. I do not believe that they will find the shameless barbarian who killed him. But, there are people who know in their hearts. The truth may never come out. The coward who is responsible of killing him may even roam the corridors of power.

 

We know the people who are seasoned with the cowardly acts will never repent. Their obscene minds will never understand the value of a person like Nimal. One cannot blame them.

 

Nimalarajan lived among enemies, and died trying to build bridges between two communities which are increasingly drifting apart. I weep for my country. People of my beloved country has to choose between them. Which killer is going to rule us next? Which killer is going to promise us media freedom for the future? (Excerpts from Sunday Time 5 Nov. 2000 - Priyath Liyanage, Head-BBC Sinhala Service)

 

Bravely reported on the vote rigging, intimidation and violence

In an Urgent Action released on 23 October 2000, the Tamil Centre for Human Rights, stated that the killing of journalist Nirmalarajan was a heinous outrage. The excerpt as follows : "On 19th October Mylvaganam Nimalrajan, aged 38, well-known journalist and father of three, was shot dead in his own home, through the window of his room, as he wrote a news report. He was the secretary of the Northern Journalists' Association.


Days before his killing Mr Nirmalrajan had confided with colleagues that he had received death-threats. He had reported on the serious problems of the Tamil people displaced by the war, and the destruction of family life. He had also bravely reported on the vote rigging, intimidation and violence in the recent elections, carried out by a militant group active on the peninsula. The armed group, which has joined the political mainstream and contested parliamentary elections, helps the Sri Lankan government’s security forces in the peninsula. The human rights violations of the Sri Lankan security forces and the paramilitary groups' working with them is well known.


The same organisation was suspected of carrying out a bomb attack on a Jaffna daily newspaper, Uthayan, in August 1999, which had also been critical of the EPDP. The EPDP is strongly and widely suspected to have been behind the assassination of Mr Nirmalrajan. His selflessness and commitment to his profession as an independent journalist cost him his life.


The cowardly and brutal murder of this respected and courageous journalist, is yet another cruel attempt to silence the voice of truth. All individuals and organisations that believe in justice, human rights and who cherish freedom of expression and life itself must condemn this brutal and callous assassination".

 

Suspicion fallen on EPDP

The horrific killing of Nirmalarajan indicates the dangerous conditions under which journalists and human rights activists continue to operate in Sri Lanka.

 

It is believed that the gang could not have carried out the carnage in a high-security zone during curfew hours in Jaffna without the connivance of the security forces. The suspicion has fallen on the Eelam People’s Democratic Party (EPDP) whose leader Douglas Devananda was appointed Minister of Northern Rehabilitation, only hours before the killing.

45

The international community has the responsibility to ensure that the government of Sri Lanka meets its obligations under international law to promote and protect the right of freedom of expression and journalists are allowed to continue their work freely without interference. The international community must also bring pressure on the government to allow reporters and independent observers into the Tamil areas so that the violations are reported around the world. (Excerpts from the press release of Tamil Information Centre - TIC - 27 October 2000)

 

Reporters Without Borders-annual report 2000 - SRI LANKA

(Rapportage sans Frontiers - RSF)

Chandrika Kumaratunga, who was re-elected president on  21 December 1999, kept very few of her promises regarding press freedom  during her first mandate. Journalists can work more freely than in the past, but repressive laws are still on the books, censorship is still in force and the state still owns many of the media. The president even threatened to prosecute newspapers she found "too critical".

 
Meanwhile the government's inability to find a peaceful solution to the 15-year-old war between the army and the Liberation Tigers of Tamil Eelam (LTTE) did nothing to improve working conditions for the media. Selective use of the so-called "criminal libel" law showed that the government was determined to gag the independent press, especially over corruption scandals. On 1 January 2000, court cases were pending against the editors of at least four newspapers.

 

29 journalists assaulted

On 6 October the government acknowledged that 29 journalists had been assaulted, threatened or harassed during Chandrika Kumaratunga's first mandate, and that 22 of those cases had never been cleared up.

Journalists killed

Rohana Kumara, editor of the weekly Satana, which is close to the opposition, was murdered by strangers on 7 September as he was on his way to his home in the suburbs of Colombo in
a rick-shaw. The killers made their getaway after firing several shots at the journalist. Rohana Kumara was known for his virulent criticism of the government, and his investigations, which were often difficult to check, about corruption scandals. He had just produced a tape to back up his allegations against the minister in charge of the media, Mangala Samaraweera.

 

Atputharajah Nadarajah, editor of the Tamil-language weekly Thinamurasu, was shot dead in a Colombo street on 9 November. Aged 38, he was also a member of parliament for the Eelam People's Democratic Party (EPDP), a pro-Tamil group. Following changes in the newspaper's editorial line he had made several enemies, both in the army and among Tamil separatist movements.


On 18 December, three days before the presidential election, a suicide attack aimed at Chandrika Kumaratunga was launched at the end of a ruling party rally. Anura Priyantha Kooray and
Indika Pathiniwasam, journalists and cameramen with the state-owned Independent Television Network and the privately owned channel Sirasa, were killed in the explosion. About 50 people were injured, including Chandrika Kumaratunga and five journalists. Police suspect the LTTE of being behind the attack.

Journalists jailed

Sri Lal Priyantha, a journalist with the Singhalese-language weekly Lakbima, was arrested on 14 May. The police accused him of committing five murders - on the basis of evidence given
by villagers who had allegedly recognised him on television. A month later the journalist was admitted to the emergency wing of Colombo National Hospital. He had been tortured while in custody, even though he had always proclaimed his innocence. He was allowed home after treatment.


Two months before being arrested, he had been kidnapped from his home by three strangers and was found a few hours later in a cemetery near Colombo, unconscious and bound hand and foot. He was taken to hospital.

Journalists attacked

The home of M. W. Somaratne, a correspondent of the daily Lakandeepa, in central Sri Lanka, was
machine-gunned on 28 January. The journalist believed he had been attacked for supporting government policy in the newspaper.


About ten journalists were assaulted by police officers and their cameras were seized during an opposition demonstration in Colombo on 15 July. Several hundred journalists who joined protest marches over the incident on 21 and the 23 July were victims of violence by presidential security guards. Their equipment was confiscated.

46

Journalists threatened

At the start of January 2000, Samson Jayaratne and M. Terrance of the Singhalese-language daily
Dinamina were threatened by strangers who ordered them not to back the government during the election campaign.


meanwhile, Vijith Rushpakerwara of the daily Divaina was threatened by a group of people who came
to his home. He complained to the police. Lasantha Wickrematunga, editor of the opposition newspaper  Sunday Leader, which had exposed various corruption scandals and had often been a target for threats and attacks in previous years. Chandrika Perera, a journalist with the Lakehouse press group, received anonymous phone calls threatening to kill her on 16 March. She had been investigating the assault on Sri Lal Priyantha "Journalists jailed" . On 27 September the correspondent in Colombo, Susannah Price, also received death threats by telephone. The caller told her to leave the country that week if she did not want to put her life in danger.

 

Pressure and obstruction

The government restored the 1953 Official Secrets Act on 30 May in order to avoid leaks at weekly ministerial meetings. The Sri Lankan press condemned the move, saying that it restricted press freedom.


Two grenades were thrown at the offices of New Uthayan Publications in Jaffna, northern Sri Lanka, on 21 August. The company publishes two Tamil-language newspapers: the daily Uthayan and the
weekly Sanjeavy. Editor Vellipuram Kaanamylnathan suspected pro-government militia, who were often condemned in the newspapers, of being behind the attack. (Excerpts from the annual  report 2000 of Rapportage sans Frontiers - RSF / Reporters Without Borders - Paris, France)

 

Journalist arrested in Colombo

In a letter addressed today to the Minister of Post, Telecommunications and Media, Mangala Samaraweera, Reporters Sans Frontières (Reporters Without Borders ­ RSF) protested against the detention of Nadarajah Thiruchelvan, journalist from Jaffna by the Terrorist Investigation Division since 2 January 2001. RSF asked the Minister to inform it of the reasons for this detention. "If this arrest is linked to his journalistic activities, we ask you to ensure that the journalist is released as soon as possible", wrote Robert Ménard, general secretary of the organisation. (12 January 2001)

Journalist tortured in custody

A state owned Lake House Journalist taken into custody under the Prevention of Terrorism Act two weeks ago, was not allowed to talk to his family says the Tamil Media Alliance (TMA). In an interview with the BBC Sinhala Service "Sandesaya" TMA Chairman P. Manikkawasagam said that the Jaffna based journalist Nadaraja Thiruchelvam, who is held at the Police Terrorist Intelligence Division in Colombo was not given permission to speak to his wife when visited. She had been told by the Police that they received a petition regarding Thiruchelvam. The contents of the petition have not been revealed.

 

He has been tortured in custody. A human rights activist in Colombo told BBC’s Sandeshaya that the journalist Nadarajah Thiruchelvam was handcuffed to a chair and beaten with a pipe. He has recorded a statement from Thiruchelvam. The victim is a Lake House reporter based in Jaffna who was arrested after arriving in Colombo to attend a wedding. The police has told his family that they have received a petition alleging journalist’s connection to LTTE. The Lanka Academic learns that a powerful government minister from the North East region has ordered Nadaraja’s arrest. (The Academic - 16 and 23 January 2001)

Foreign media censored

4 May 2000 - The Sri Lankan Government renewed press censorship on the foreign media. Sri Lanka's local media have been subjected to censorship since last year. However, Colombo-based foreign media had been exempted. The Minister of post, telecommunications and media has said that all war-related reports shall be submitted to the censor.

Newspapers shut down

19 May 2000 - The Sri Lanka army sealed the Jaffna daily, Uthayan. According to a journalist at the paper, soldiers who went to the paper's office in Jaffna town locked the building, cut the phone lines and took the keys away. Earlier the Army warned the Uthayan paper's assistant general manager and associate editor  for publishing a story about the Sri Lankan President's meeting with Indian Air Force commander.

 

22 May 2000 - The Sunday Leader (English news paper), one of Sri Lanka's main newspapers was closed down by the government on 22 May 2000. No reason had been given. The Sunday Leader has been critical of the ruling People's Alliance for a considerable period.

47

Administration of justice

 

Anti-Tamil protesters threaten Human Rights Lawyer at UN

11 August, 2000 - Karen Parker, a human rights lawyer was intimidated and threatened by anti-Tamil  demonstrators protesting outside the United Nations in Geneva. Ms Parker had left the UN building where the 52nd Sub-Commission on Human Rights was in session. Ms. Parker, who is a well-known figure in legal circles internationally, was alone when she walked towards a bus stop to go home. Some of the demonstrators had pursued her, screaming insults and confronted her. She had been rescued by a passing Swiss national. The matter had been reported to the Swiss police.


While Ms. Parker had to pass an estimated 50-60 Sinhala, one protestor shouted out her name and began screaming "there she is, the lawyer for Tamils" where upon several others began shouting at her. "They were saying that she is an enemy of the Sinhala people, that she was living off the misery of the Sinhalese".


The man who shouted out her name was rallying the mob, she said. "I was surprised -they were too far away to see my name tag, I wonder now if my photograph had been given to them by the Sri Lankan government. I am shocked at their [demonstrators'] vehemence," she said. "I believe in free speech. By their intimidation, they are interfering with my practice as a human rights lawyer."

 

Ms. Karen Parker, presents all human rights violations without any discrimination in race, ethnic or nationality. She presents the case of Kashmir's, Sierra Leone, Burmese, Tamils, Molokans and others.

 

WFDY Condemned the anti-Tamil demonstrators

The World Federation of  Democratic Youth - Hungary has condemned the anti-Tamil demonstrators in the 52nd session of the Sub commission on promotion and protection of human rights, for their ugly behaviour towards the human rights lawyer Ms. Karen Parker. WFDY in their  intervention under the agenda item - administration of justice and human rights said, "We all understand people have different opinions. The NGOs accommodate the differences of opinion and work in collegial fashions, despite differences. Therefore, it is particularly distressing that the principal representative of International Education Development, a lawyer, was assaulted by those demonstrating in front of the UN on the Sri Lankan issue last Friday. That any NGO should be attacked for defending human rights, and that the attackers argue that all NGOs finance themselves on the misery of other people, is outrageous. This has to be condemned by this Sub-Commission and all other NGOs".

 

Dr. Jeyawardena, M.P.'s complaint before UN

UNP Parliamentarian Dr. Jayalath Jayawardena said yesterday that the complaint he made to the United Nations High Commissioner for Human Rights against President Chandrika Kumaratunga is being inquired into by the UN Human Rights Committee. Sri Lanka’s Permanent Mission to the United Nations office in Geneva writing to the UN Human Rights Committee with regard to Dr. Jayawardena’s complaint in September this year, had disagreed with Dr. Jayawardena’s arguments.

 

Sri Lankan Mission to the UN Geneva office said: "Dr. Jayawardena has alleged that President Kumaratunge and other leaders have linked him to the LTTE and as a result, he is being exposed to threats. He also alleges that he is being threatened by anonymous callers and also under surveillance unidentified persons. However, there is no mention of him making a complaint to domestic authorities. It is submitted that the failure of Dr. Jayawardena to resort to domestic remedies in the first instance where alleged threats to his life were involved is an important factor to be taken into account in accessing credibility to him."

 

Meanwhile, Dr. Jayawardena writing to the UN Human Rights Committee on November 23, in response to these observations, has said that he disagreed with the observations made by the Sri Lanka Mission with regard to the complaint he made to the UN Human Rights Committee.

 

"I made this complaint against the President and this complaint was directed to the UN Human Rights Committee as domestic remedies cannot be exhausted. Under the constitution of Sri Lanka, the President has legal immunity. No local remedy whatsoever can be taken against the President. Therefore I have no other option other than to making a complaint to you under the Optional Protocol Covenant on Civil and Political Rights and Article 86 of the Rules and Procedures of the Human Rights Committee," Dr. Jayawardena has told the UN Human Rights Committee. (Excerpts from The Island - 26 November 2000)

 

48

MPs voted against emergency sought asylum in UK

The killing of EPDP MP Atputharajah Nadarajah in November and All Ceylon Tamil Congress leader in January have heightened fears. According to sources, the police have stated that they would not investigate the murder of Mr Nadarajah whose writings in the Tamil journal Thinamurasu led to accusations that he supported the LTTE despite being a member of government ally, the EPDP. Two other EPDP MPs who voted in Parliament against the extension of Emergency have fled the country and sought asylum in Britain.

 

UNP MP Jayalath Jayawardena, an active campaigner for the rights of Tamil refugees in the Vanni, has received death threats. In January, the International Commission of Jurists expressed concern in a letter to Parliament Speaker KB Ratnayake over the threats to Jayawardena. According to reports, former head of Rupawahini TV Corporation and LTTE campaigner, M Vasantharajah has gone into hiding following threats on his life. His wife says that their home in Mt Lavinia is under constant surveillance by unidentified persons.

 

In the past two months, other outspoken Tamil activists have received threats by telephone and letters, some signed in blood. Activists who have fled the island told the Sri Lanka Monitor that there is an attempt to silence people who speak out about Tamil rights. ...." (Excerpts from British Refugee Council - Sri Lanka Monitor January 2000)

Impunity

Many Non-governmental organisations have brought the serious matter of impunity in Sri Lanka before the Commission on Human Rights in the past.

 

Time and time again the suspects of massacres and extra-judicial killings go free. There are many instances of transfer of security force personnel, delays and worse still - promotion for those security force officers who are directly involved in carrying out massacres.

 

In 1985 commandos of the Special Task Force massacred 46 Tamil civilians working in a prawn factory in Kokkodicholai. At the time there was a strong demand from human rights groups and Tamil politicians for an independent commission to be set up. The Sri Lankan government ignored the demand. Six years later there was another massacre in the same area, of 67 Tamil civilians including woman and children. This time Sri Lankan army personnel were the culprits. Due to pressure from Western aid donors, the Sri Lankan government appointed a Commission of inquiry into the massacre. This was the only Commission ever appointed to probe a massacre in the North and East of the island. However the TOR (Terms of Reference) restricted the Commission to merely studying the circumstances that led to the massacre and recommend the award of compensation.  The judge appointed to the Commission identified the Sri Lankan army officer who had ordered the massacre of civilians and other soldiers who perpetrated it. None of the identified personnel were brought to book. Instead the Sri Lankan government granted the officer who was responsible for the murders a senior position in a public corporation.

 

In 1990 on 9 September 184 Tamil civilians from the villages of Sathurukkondan, Kokkuvil and Pillaiyaradi, including five infants and 42 children were murdered in a Sri Lanka army camp. Two commissions of inquiry set up to look into disappearances have investigated this massacre and have identified the perpetrators as Sri Lana army personnel, including an officer in the local army camp. The retired judge who headed a commission stated in his report that legal action should be taken against the perpetrators. Neither has a police investigation been conducted nor have legal proceedings been instituted against those responsible. Furthermore an eye witness who escaped with injuries has had his life threatened by personnel from the Sri Lanka army.   So impunity reigns.

 

Reporters sans frontiers stated that in Sri Lanka there exists "impunity of journalists murders". The organisation has documented 31 killings of journalists.

 

Sri Lanka prepares for the UN Commission on Human Rights !

Government is to appoint a presidential commission to probe the massacre at the Bindunuwewa rehabilitation camp, informed sources told the Sunday Leader. The appointment comes as the government makes preparations to present its case to the UN Human Rights Commission, which is expected to begin its sessions around April this year.

 

The delay in appointing a Commission to probe the massacre has vexed human rights activists both local and from overseas.

49

Sources said that the timing for the appointment of the commission coincides with the sittings of the UNCHR that is expected to commence in April. The sudden activism of the government and the Human rights commission after the delay of three months is due to the UNHCR sessions where Sri Lanka might be criticised for its human rights record in the year 2000 said sources. (Excerpts:  Sunday Leader February 11, 2001) 

 

Religious Intolerance

 

75 Hindu temples closed

June 2000 - Ten churches and 75 Hindu temples are closed in Thenmarachchi division.  Eight temples, including the Sivan temple at Chavakachcheri, have been damaged (British Refugee Council, June 2000).

Refused permission to devotees

In July 2000 - The Sri Lanka army refused permission to Saivite devotees to pray at the ancient Shiva temple in Thirukketheeswaram in the Mannar district for the Aadi Amavaasai festival. A section of the 21 Division of the Sri lankan Army is camped in the precincts of the temple. More than five hundred devotees had applied through the temple trustee board for permission to pray at the temple.

 

Clause on Buddhism in the constitution

Minister of Constitutional Affairs Professor G. L. Peiris, met the Mahanayaka Theros of Malwatte and Asgiriya Chapters in Kandy. The Minister told the Mahanayaka Theros that the clause on Buddhism in the constitution would not be revoked under any circumstances.

 

Buddhism further strengthened in draft (new) constitution.

In August 2000 - The Sri Lankan government reiterated that the "foremost place" given to Buddhism in the constitution will not in anyway be changed under the new constitutional reform proposals to be tabled in Parliament.  A government spokesman said that the status of Buddhism would be further strengthened and enhanced in the new constitution.

 

Fifteen temple employees and a Priest arrested

In September 2000 - Fifteen people who were working at an 'Amman' Temple at Naasivanthivu, 34 km. north of Batticola, were arrested by Sri Lanka Army soldiers during a search operation .

 

A Saiva temple priest was arrested by the Sri Lanka army at Mooththa Vinayakar Koilady on the Jaffna-Pt. Pedro road near Nelliyadi 

Annual festival disrupted

In October 2000 - The annual festival of the Vallipuram Aalvaar temple in Jaffna was disrupted when crowds of devotees who were angered by the Sri Lanka Army's refusal to allow them to the beach for the water cutting ceremony ('Theertham') stoned soldiers and a state radio van. 

 

Permission denied for Catholic procession

In December 2000 - The Sri Lankan Police refused permission to the Catholic Church in the north to go on a peace procession in Jaffna town. A Catholic Church spokesman said that the Police denied permission for the procession on the grounds that the security situation in the Jaffna town did not permit it. He said the march had been organised as a remembrance of a saint of the church.

 

British charity bombed in Sri Lanka

Jan 31 2001 - COLOMBO, (AFP) - An office of a British non-governmental agency was bombed in the Sri Lankan capital Colombo, police said. There were no casualties. Unidentified attackers threw two grenades at the Oxfam offices in Colombo's fashionable Park Road area, Oxfam spokesman Simon Harris said, that the pre-dawn attack shattered windows of the building and damaged two vehicles. The motive for the attack was not immediately clear.

 

The Oxfam charity operates in several parts of the country, including the embattled Northeast where Tamil Tiger rebels are fighting for a separate state. There was a similar bombing against the Norwegian-funded Save the Children office here in June last year as Oslo's special envoy, Erik Solheim, arrived in the island as part of his attempts to broker peace. Solheim was again expected in Sri Lanka Wednesday, but it was not clear if the bombing against Oxfam was a coincidence or linked to the ongoing peace efforts. Radical Sinhalese elements have opposed foreign intervention to end the island's drawn out Tamil separatist conflict which is said to have claimed over  60,000 lives in the past two decades.

50

Communal violence in Up-country

 

28 October 2000 - In the Nuwara Eliya district, as the communal violence against the Tamils people has started and Sinhalese thugs set fire to hundreds of shops belonging to Tamils in Ginigathhena. Many  people were injured in the riots.


Mobs also stoned several buses, and vehicles, smashing their windows and lights. The wounded were admitted to Nuwara Eliya hospital. Meanwhile the police and army conducted search operations arresting many Tamils.


On 30 October, four Tamils were killed and several others were wounded in Talawakele when the police opened fire after riots broke out between Sinhalese thugs and demonstrators who were protesting against the massacre at Bindunuwewa detention centre, in Bandarawela on 25 October.

 

17 killed, 80 injured, 32 Houses and 52 shops damaged due to communal violence.


 

VIOLENCE AGAINST WOMEN

 

UN Expert of the Sub Commission on

promotion and protection of human rights - 52nd session

Mr. Paulo Sergio Pinheiro, intervened under the agenda Item 6.

 

I would like to take this opportunity to praise again the excellent report made by Ms. Gay McDougall and her contribution to improve the comprehension of the use of sexual violence during contemporary armed conflicts. 

 

I would like to draw attention to paragraph 20 of Ms McDougall’s report, where several reasons are stated for this sexual violence so prevalent in armed conflict:

-         The use of sexual violence is seen as  an effective way to terrorise and demoralise members of the opposition, thereby forcing them to flee

-         Access to women’s bodies and sexuality often is seen as the “spoils of war” or part of the “services” that are made available to combatants

-         Acts of sexual violence are not consistently viewed or codified as criminal acts, and those who commit them often are not punished under the law

-         Racism, xenophobia or ethnic hatred often is directed against women and girls who are members of targeted groups, and who then are subjected to sexual violence because of their gender and other factors of their identity

-         Sexual violence is used as a form of “ethnic cleansing”  

 

The Special Rapporteur has presented several cases of sexual violence including rape, being used in many armed conflicts in several countries. I would like my colleagues to consider in the same pattern of sexual violence some allegations concerning the conflict which opposes the Tamil Community to the central state in Sri Lanka. In this sense my attention to this situation was called by a letter on Sri Lanka from my former colleague, the Special Rapporteur on Violence against women. Ms. Radhika Coomaraswamy in that letter dated 13th March 2000, the Special Rapporteur expressed her grave concern over the lack of serious investigation of allegations of gang rape and murder of women and girls. She focussed on three individual cases which had been brought to her attention.

 

The first case, a woman aged 29 was reportedly gang-raped and then killed by Sri Lankan Navy soldiers on 28th December 1999 in Pungudutivu, near Jaffna Peninsula. Despite an order by the President to immediately investigate the events, it is reported that “very little is being done to pursue the matter”.

 

The second case, was a woman allegedly gang-raped by five soldiers and then killed during the night of 12 July 1999. On 6th October 1998 a girl aged 12 was allegedly detained while returning from school and raped by a soldier in Sangathaanai, East of Jaffna.

 

In her letter the Special Rapporteur also expressed concern about political violence in the South of the country affecting women in particular. The Special rapporteur, in her letter expressed the hope that every effort will be made to prevent further violations through the investigation of the alleged incidents and the prosecution of alleged perpetrators in a manner consistent with international human rights standards. (Excerpts 10 August 2000)

51

Gang-rape and murder case-still no convictions !

 

21 year old Ida Hamilitta was gang-raped and murdered by Sri Lankan soldiers who forced their way into her house on 11th July 1999. At the post-mortem the judicial Medical Officer stated that she had been raped, shot at her genitals, had 18 injuries on her body, had been bitten and stabbed on her abdomen.

 

According to Kaliyan Murukaiah Mahalingam, one of the soldiers attached to Pullimunai army camp, seven soldiers were involved in the gang-rape and murder. They were identified by name. Two were put on remand and five continued to serve as soldiers.

   

At the hearing in the Mannar Courts on 20th July 1999 the judge issued a warrant to arrest and produce in court the five soldiers. A year later, and the five soldiers had still not been produced in court. Their attorney sent a telegram to the Mannar courts on 11th July 2000 stating that their clients were on duty as soldiers in the North and that he had sought the Attorney-general’s permission to have the case transferred to another court!

 

However, the judge, Mr. Illancheliyan, issued an order again to arrest the five soldiers stating that the application was not produced in accordance with court's proceeding. The judge also asked the police investigators why they have failed to charge the seven soldiers for rape despite there being strong evidence of it having occurred. The judge asked the police for an explanation and ordered the police to submit a charge sheet which included rape at the next hearing.

 

Many gang-rape and murder cases

TCHR has documented many rape and murder cases. The real number is inevitably higher since cases often go unreported. It is believed that there are many bodies of women in the Chemmani mass graves, where more than 600 bodies of the “disappeared” are alleged to lie buried. It is now nearly five years since Krishanthy Kumaraswamy was gang-raped and murdered by 11 soldiers of the Sri Lankan army. Far from proving that the Sri Lankan government has a good human rights record, the Krishanty Kumaraswamy Court case brought to light the existence of the mass graves at Chemmani ­ actually revealing an even more sordid and revolting reality than was known before. The sentencing of low level soldiers, resulted in these soldiers stating in court that high ranking army officers were the perpetrators of the brutal murders. 

70-Year old woman raped

On May 31 2000 Poomani Saravanai, aged 70 was raped and robbed by Sri Lankan army soldiers in her own home, in Neervely, Jaffna. Such atrocious incidents are alarmingly frequent. Not all women speak about what happens to them, for fear of reprisals by the army, or other obvious personal reasons.

 

During the horrific ordeal, Poomani’s son, aged 32, was held at gunpoint by other soldiers to stop him protecting her. The fact that Mrs Saravanai wrote a letter to her MP to read out in Parliament, is indicative of the strength of the will of Tamil women to speak out against rape used as a weapon of war. Since the censorship imposed by the government blocks many such horrors being brought to the attention of people widely, she felt that she should use her experience to denounce the horrors happening to her and other women. She actually stated in her letter, “This incident itself is a typical example that portrays the inner motive of the Sri Lankan government to annihilate the Tamil race by torturing and shaming”.

 

Dangers faced by displaced women and girls

Displaced women and girls face huge difficulties and live everyday life with insurmountable problems. The embargo on food and medicines causes health problems for women, and in turn for the children who are cared for by them. For girl children the problems facing them with regard to living in areas they are unfamiliar with, and the constant threat of sexual harassment from Sri Lankan soldiers, if they return to their homes in government held areas, is frightening.

 

One such displaced girl child, Kandasamy Manju, was reported missing, to the ICRC, on August 20, 2000 by her parents after she went to answer the call of nature on a beach near where she was living in Valvettiturai, Jaffna, with her family. It had been necessary for her to go outside as there was neither a toilet nor a latrine in the house where they stayed. She never returned. The Sri Lankan army allows people to the beach until 7.30 pm, and they patrol the beach. Her parents believe the army would have to have known of her disappearance.

 

 

 

52

Woman farmer killed and mutilated

Krishnapillai Thayaothy, aged 32 was raped and killed by Home guards operating with the Sri Lankan government, at Poomaraththadichenai, Muttur on October 2nd 2000. She, along with six other farmers had been working in paddy fields when they were abducted and brutally murdered. Her body was mutilated.

Women's lives affected in every area

Many people are killed by indiscriminate bombing by the Sri Lankan army. Everyday life is affected in so many serious and terrible ways. The bombing can be sudden and unexpected, and loss of life always seems to be just round the corner. On 27th October 2000 Vasanthathevi, aged 29, was breast-feeding her baby when she was struck by shelling fired from a police post in the area. Her husband and the baby were injured but survived.

 

Two young women tortured by male Police

It was established in Vavuniya High Court on 12 December that Mariyathas Mary Shamila, aged 18 and Shanmugam Sharmila, aged 21, were severely tortured by male Sri Lankan police during their detention. The Judicial Medical officers who had examined them confirmed the young women’s evidence that their injuries were due to torture.

 

The High Court Judge held that the confessions of the accused women were not obtained according to the Law prescribed for the purpose and that it had been proved that the accused women made those confessions under duress. As such the court was not in a position to accept the confessions purported to have been made by the accused women, the Judge said. Both young women were discharged.

 

Special task force rape

On February 5 2001, in Cheddipaalayam, East Batticaloa, a mother of two children was raped by a soldier of the elite Special Task Force, when she was collecting fire-wood. She was admitted to Batticaloa hospital. The soldier threatened to kill her if she spoke about the rape.

 

Extensive human rights violations occur in the East of the island. The gang-rape and murder of Mugespillai Koneswary, mother of four, was shocking and horrific. In an attempt to cover up the rape and murder a grenade was placed in her abdomen by the soldiers who killed her. The list of incidents is too long to repeat here.  (Please see previous TCHR reports.)

 

Pregnant women threatened by shortage of medicines

Ecometrine, a drug that controls bleeding during child-birth, is unavailable at Valaichenai Hospital, threatening hundreds of women who live in the Northern parts of Batticaloa District.   The maternity ward is dilapidated and functioning without even the most basic facilities. Shortage of other medicines is also acute.

Sterilisation as a form of genocide

Sterilisation is on the increase in the hill country not as family planning, but as a measure of ethnic cleansing. It is the health officers who are running this operation and they get Rs. 200/= per estate worker, while the worker himself gets Rs, 500/= for under going this operation. This is a violation of Human Rights, but law cannot contain it. It is being done by exploiting the poverty of estate workers. Sterilisation and operation in Tamil areas are going on while child birth is promoted in Sinhala areas with the slogan to send them to war. Already the problem of finding sufficient number of children to primary schools is there in the hill country. Meanwhile the education ministry has ordered all schools with less than 115 students to be closed. The pre-schools in Nawalapitiya had to be closed because of the reduction in childbirth in the area. When inquired the fact came to light that this sort of family planning is going on with the connivance of the estate health officers.   (SUDEROLI, Sunday January 21st, 2001)

 

The administrators of the sterilisation programme do not adhere to the proper protocols such as minimum age of 26 years, for sterilisation. It has been reported that Tamil women under the age of 19 have been sterilised in these programmes.

                             

RIGHTS OF THE CHILD

 

Children's rights are articulated in the Convention on the Rights of the Child. The Convention was adopted as an international human rights treaty on 20 November 1989, but this convention is not respected in Sri Lanka.             - (TCHR)

 

53

900,000 Children lack Education, Food and Shelter

Tamil children are the part of the population that has been most seriously affected by the war. UNICEF recently estimated that all the 900,000 children in the North and East of Sri Lanka lacked education, food, shelter or had been directly injured in the war.

Indicators of general well-being in the war zones have been declining dramatically. Infant mortality in Jaffna has jumped by 400% from half the national average to twice the national average since the war began. Over half the children born in the Vanni are underweight. Only 4% of children were malnourished in Jaffna in 1976 while by 1993 20% did not get enough to eat.

 

According to Red Barna, the Norwegian charity almost 70% of the children in the Vanni are undernourished, twice the national average. Educational quality has declined, along with the number able to attend school.

 

Children are regularly the victims of shelling and bombing, of landmines, disappearance, torture and rape. Multiple displacements over many years and the deaths of family members in the war have taken their economic and psychological toll. The numbers of orphans, and physically and mentally handicapped children have all increased.(Avis Sri-Jayantha "Association of Tamils of Sri Lanka in the USA)

Children forced to feel the heat of battle - UNICEF

16 May 2000: UNICEF said that children are "being forced to feel the heat of battle" in Sri Lanka, where fighting for the town of Jaffna over the last few days has been putting children and women at enormous risk.

 

"It is a matter of grave concern for us that children in northern Sri Lanka once again are experiencing the trauma of warfare and displacement," said Carol Bellamy, Executive Director of UNICEF.

 

Ms. Bellamy emphasised that she is equally alarmed by reports that government forces were restricting the supply of vaccines and drugs to children and families in LTTE-held areas of Sri Lanka. (Excerpts)

 

Extra-judicial killings of children.

Article 6 of the Convention on the Rights of the Child deals with the right to Life itself. No security force personnel have ever been brought to justice and punished for these killings. Between May and December 2000 at least thirty-one children were murdered by the security forces - that is, one Tamil child every week was killed. These are only the cases documented by TCHR. The real figure is sure to be considerably higher.

 

Thiyagarajah Gnanarajah aged 17 was shot dead by the Sri Lankan army when working in rice fields (10/08/00);  Kunalingam Kugadasan, aged 14 was shot dead also by the Sri Lankan army when he was simply out swimming in a lagoon (30/09/00) and James Jeyaprathap, aged 15 was shot dead by the Sri Lankan Navy when he was fishing (22/11/00). Two children aged 15 and 5 were killed in the massacre by the army in Mirusuvil (19/12/00). When the bodies were unearthed from the mass grave, it was evident that five year old Prasath had had his leg twisted out of its socket and broken. Nine children were killed by the Sri Lankan Army, in the massacre in Batticaloa on May 17th. They had been brought to a religious festival by a priest. When the Police indiscriminately opened fire on the Tamil civilians the priest had pleaded for the lives of the children - but they were mercilessly gunned down.  Many children, as yet an unknown figure, were barbarically killed in the Bindunuwewa Detention centre massacre (25/10/00). They were hacked to death and mutilated. Amongst these children were a twelve year old boy who had been arrested simply for begging in the streets of Amparai, and Pushparaja Kandeepan, aged 17, who had been arrested while living at his parents home in Trincomalee.

 

There are occasions when children are killed and their loved ones are refused permission by the army or police to have the body of their child until the family signs a document to say the child was a member of the LTTE. Strong pressure is put on the parents, and if they do in fact sign, the army claims it has killed a member of the LTTE.

 

No. of children between May-December 2000 Killed by

Special Task Force                                                              1

Sri Lankan Army                                                                   22

Sri Lankan Police                                                                 3

Sri Lankan Navy                                                                    1

Sri Lankan Army/police and Sinhala armed persons                   2 (ascertained. Number higher.)

Sri Lankan Air Force                                                                        2

Total                                       31

54

MASS EXODUSES AND DISPLACED PERSONS

 

Thousands forced to leave Jaffna peninsula

UN High Commissioner for Refugees

 

UNHCR Press Release 18 May 2000 - "The United Nations High Commissioner for Refugees today expressed alarm about the plight of civilians caught in the fighting in Sri Lanka’s Jaffna peninsula.

 

"The current military situation has put civilians at great risk and has already caused casualties among the people of Jaffna," High Commissioner Sadako Ogata said in a statement. "I am appealing to all parties to ensure that civilians are protected from the escalating hostilities. They must be allowed to move to areas considered safe," she said.

 

Mrs. Ogata said she is disturbed by a reported statement that refugees will not be allowed entry into India. UNHCR has repeatedly called on countries to open their borders to people seeking asylum.

 

Thousands of people have been forced to leave their homes in the peninsula, with a population of about 500,000. Many of them have found shelter with relatives and friends mainly in the northern and western sections of the area. Despite a 24-hour curfew, UNHCR staff have been able to visit some of the schools, clinics, government buildings, temples and churches sheltering some of the displaced. (Excerpts)

 

Entire peninsula made refugee flight more difficult

 

"....Refugees have fled to North-Eastern Vadamaratchy or western Valikamam areas and have taken refuge in temples, schools or empty houses. Many have no access to government relief. The extension of a 48-hour curfew on 10 May and a 24-hour curfew on 18 May to the entire peninsula made refugee flight more difficult. UNHCR continues to intervene with the Sri Lankan military to ensure safe passage for the refugees. Many are still trapped in the combat zone and are undergoing immense difficulties without food or medical care facilities...

 

....Many refugees say that they have left their documents, such as house-holders lists and identity cards, at their homes. Government officers are delaying or refusing to register their names at relief centres without these documents. According to UNHCR, refugees are crammed in camps with little in the way of water and sanitation facilities and some children are suffering from malaria, chicken-pox and diarrhoea... (Excerpts from British Refugee Council - Sri Lanka Monitor May 2000)

 

Refugees in India

Arrived:

June 1983 - July 1989                                              134,053

After 25th August 1983                                            122,000

 

Returned :

24 December 1987 - 31 August 1989                   25,585

After 20th January 1992                                           54,188

 

Special Camp

As on 31st May 2000                                               66,464

 

 

Refugees from Sri Lanka kept like cattle !

 

Tibetan refugees and Bangladeshi refugees are moving freely in India, whereas Tamil refugees from Sri Lanka are kept like CATTLE in special camps. (Courtesy - NGO "ROSE" in India)

 

 

 

55

Displacement

The government should ensure that humanitarian agencies and NGOs are able to carry out independent assessments of ongoing humanitarian needs and monitor population displacement.

 

Sri Lanka's displaced population, already estimated at 800,000 island-wide, has born the brunt of this lengthy conflict. Many are living in extreme poverty and have not led a settled existence for more than a decade.                                       (Excerpts from Human Rights Watch - May 19, 2000)

 

 Humanitarian disaster faces civilians in Vanni

(Sri Lanka alert 1/9/2000)

The people living in the rebel-held Vanni face “humanitarian disaster”, church workers operating in the region said. According to government officials, 568,218 people live in the war-affected area. The government has imposed heavy economic embargoes on the Vanni in a bid to crush the rebels. Local government officials have recommended dry rations for 374,000 people but the army has refused to allow food for 120,000 of this number.

 

“Widespread starvation is rampant in these areas. Food is used mercilessly as a weapon by both warring parties. The army uses food to draw the civilians towards its areas of control while the rebels use it to recruit and train youths,” said church workers. “Civilians living in the Vanni region are overwhelmed, especially the mothers, who are broken. We met people who have been displaced for 30 times. But nothing can be done in an area where nobody is protected. A whole generation with an empty stomach is silenced by a pathetic chronic war.”

 

Accommodation is another pressing necessity, but transporting materials to construct shelters is forbidden. “We meet families living in shattered houses, without roofs. However with the economic embargo in place, NGOs are allowed to tackle only the delivery of non-food items,” church workers said.

 

Over 160,000 forced out of their homes - ICRC

Heavy fighting between the armed forces and the LTTE in the Jaffna peninsula in late May, forced approximately 160,000 people out of their homes, the ICRC revealed in its latest newsletter. Of them, some ended up in 136 welfare centres set up in Waligamam and Point Pedro. The rest stayed with their friends and relatives, the ICRC said.

 

Apart from them, over 3000 people had crossed the Jaffna lagoon and taken refuge in the Wanni. Among them were 70 civilians wounded in the crossfire. This was the first time, the government or a NGO admitted that such a large number of people were forced out of their homes during the recent Jaffna battle that left hundreds dead on both sides.

 

The ICRC which maintained a 43-member delegation including seven expatriates, in Jaffna during the crisis was able to assist the civilian community. The ICRC has also supported the Sri Lanka Red Cross Society to provide health care for these newly displaced people. Over 5000 patients were treated, the newsletter said adding that the ICRC was instrumental in helping the displaced persons and their loved ones to keep in contact through its radio network.

 

The ICRC also said that during the crisis, one of the drawbacks faced by them was the security constraints which impeded the access of humanitarian organisations to large areas close to the fighting zones, where thousands of people remained trapped. "For instance, all efforts made by the ICRC to have access to Thennamarachchi and access the humanitarian needs therein, failed since no conclusive agreement could be reached with the security forces and the LTTE," Jaffna Sub Delegation head Rob Drouen was quoted as saying. (Excerpts from The Island - Sunday September 03, 2000)

 

12,000 displaced from Pallai - arrests, disappearances continue

Over 12,000 civilians were displaced. Some 6,000 people from the area fled to Nagarcoil and then further north to Point Pedro. Ten civilians were killed and over 50 were injured by shells on 27 March in Chempianpatru. Six houses and a post office were damaged in Airforce bombing. Two days later, LTTE’s radio Voice of the Tigers called on civilians to move away from military camps.

 

Jaffna’s Guardian Association for Persons Arrested and Disappeared staged a demonstration before the government secretariat on 8 March, demanding information on over 700 people disappeared after Army capture of Jaffna peninsula in 1996. Five Army officers accused of involvement in the disappearances were produced before Jaffna courts on 14 March. Two other accused have died and a policeman is absconding.

56

Arrest and disappearances continue to cause concern in Jaffna. Local people say that security forces are not following legal procedures for arrest and detention. S Sutharsan of Jaffna town was arrested in early March and is currently held at the Urelu Army camp. His brother S Kandipan has disappeared.

 

Jaffna Central College students Alex Saji, 18, and Kanthasamy Indirakaran, 19, are missing since 5 March. The Sri Lankan Human Rights Commission has received complaints that Chavakachcheri student Rajaratnam Thatparan, 16, is also missing since 9 March. " (Excerpts from British Refugee Council - Sri Lanka Monitor March 2000)

 

Problems faced by deportees from host countries - Europe

Tamils who are being forcibly returned to Sri Lanka from Britain and other Western countries, including Germany and Holland, face a far nastier reception. Detailed reports from Colombo reveal that the Tamils who are deported from European countries after failing to be granted asylum routinely face arrest, extortion, extended detention and torture on their return to Sri Lanka.

 

The headaches begin on arrival at Katunayake airport in Colombo, where deportees and others suspected of having left Sri Lanka illegally have whatever documents they may be carrying confiscated and are arrested. The CID, police and immigration service also take their money and jewellery and anything else of value they may have on them. Detention may last only hours or may stretch into weeks. But without documents they become the target of frequent subsequent arrests. One person was arrested and re-arrested four times within 18 months of returning.

 

All Sri Lankan citizens are required top carry a National Identity Card and are also supposed to hold a police registration certificate and other documentation relating to their employment or studies. The deportee, stripped of his papers at immigration, possesses non of these. Instantly identifiable as a Tamil by both his name and accent he is highly vulnerable to arrest and further interrogation - even if his only offence has been to fail to obtain asylum in the West. (Excerpts from "The Independent" -  8 June 2000 - Published in United Kingdom)

 

THE RIGHT TO DEVELOPMENT

 

UN Official Turns Activist

A Sri Lankan national, who is an official of the UN,

plays the role of a lobbyist for the Sri Lanka government

 

An official of the UN Sub-commission on the Promotion and Protection of Human Rights has become an advocate for the Sri Lanka government. At the Human Rights hearings held in Geneva (31 July to 18 August, 2000) this person acted and behaved more like a lobbyist for Sri Lanka rather than an impartial officer of the UN.

 

Mr. R.K.W. Goonesekere is one of a 26-member group of the Sub-commission known as experts. He, along with his alternate Ms. Deepika Udagama, was elected to this body in 1998 through voting by member states. Sri Lanka’s vigorous campaign at this election was successful.

 

The experts are trusted to be impartial in judging human rights violations and other related matters brought before the sub-commission. Most do, and abstain from commenting on matters linked to their own countries.

 

Mr. Goonesekere broke ranks with this tradition at the most recent (Fifty Second) session of the sub-commission, when he took the podium to speak on ‘Standardization in Education’ in Sri Lanka. He spoke at length, justifying Sri Lanka’s ‘standardization’ policy, which many of the NGOs have held to be directed against the Tamil population of the country.

 

In a well-crafted speech, he portrayed this as ‘Affirmative Action’ aimed to help the rural poor. He left out important historical information on the campaign by Sinhala chauvinist groups to reduce Tamil students' access to higher education, which eventually led to this policy. He said nothing about the fact that the beneficiaries of this policy were the under-qualified Sinhala students, and that well-qualified Tamil students even from Tamil rural areas were shut out, by clever classification. In talking about this, in isolation of other areas of discrimination, such as in language, religion, social and economic rights, etc., he tried to justify this ‘standardization’ policy.

 

57

 

Mr. Goonesekere’s advocacy role has been evident right from the beginning. Immediately after his election 1998, at a dinner party for the other experts, he circulated a leaflet defending the human rights violations by Sri Lanka. The dinner was paid for by the Sri Lanka government. Since then he has been campaigning vigorously to defend Sri Lanka’s poor human rights record. Although viewed as a losing battle by many observers, he has been quite zealous in his mission.

 

This year he also took the podium to defend the murder of Mr. Kumar Ponnambalam. In April 1999, Mr. Ponnambalam had mentioned to a member of this expert group that he faced threats from the government. In view of the subsequent murder of Mr. Ponnambalam, this expert drew attention of the sub-commission on 5th August. He stated that he ‘had brought the matter of Mr. Kumar Ponambalam’s fear to the notice of the Ambassador for Sri Lanka’ last year, and that no action was taken. ‘This year, on 5th January, Mr. Ponnambalam was killed on the street,’ he said, but ‘no proper investigation has taken place.’ He urged, ‘the sub-commission has to take this into consideration.’

 

No sooner this was said, Mr. Goonesekere took the floor and gave a lengthy explanation as to why the Sri Lanka government has been unable to find the killers. He said, ‘in an armed conflict, these things can’t be brought to justice!’ The audience was completely taken aback by this, and several commented, ‘even the (Sri Lankan) ambassador wouldn’t have tried to defend this!’

 

When a group of lobbyists raised this issue separately, he had said, ‘do you know what Mr. Kumar Ponnambalam said in the national television?’ The implication that ‘Mr. Ponnambalam had to be punished for what he said’ was not lost on this group.

 

Another NGO, who raised the issue of the embargo on food and medicine to the Tamil areas, was told, ‘You see, there are many hospitals in the south which have big shortages of medicines, and there are many villages in the south which have no food at all compared to the Tamil areas!’

 

Since Mr. Goonesekere’s election to the expert group the Sri Lankan ambassador has had fewer occasions to speak in defense of Sri Lanka. This year he spoke only once.

 

An independent expert of the UN playing this advocacy role has created quite a stir among the NGO groups and other observers. Many have started to question the system itself, which permits experts to be elected by member states that are themselves guilty of the violations the sub-commission is mandated to investigate.

 

Sri Lanka has been ranked by another UN body, again this year, as the country with second highest the number of unresolved disappearances in the world, next to Iraq. (Courtesy - Ilankai Tamil Sangam, USA - www.sangam.org)

 

Bogus Human rights organisation for "ECOSOC" Status

A human rights organisation known as "University Teachers Human Rights - UTHR (J)" is a bogus organisation founded and funded by the Sri Lankan government for the purpose of promoting propaganda against the struggle for right to self-determination of the Tamil people.

 

This organisation is funded purely by the Sri Lankan government which circulates, bogus UTHR(J) propaganda material via the Sri Lankan embassies all over the world and their advertisement appears in the Sri Lanka propaganda material "NAMBIKAI" International. "Nambikkai" is published by the Ministry of Foreign affairs of Sri Lanka and the address for this publication is "Embassy of Sri Lanka, 15 rue d'Astorg, 75008 Paris, France.


First of all, this organisation is a bogus human rights organisation function under a bogus name - UTHR (Jaffna). In the past many statements have been made by the Vice Chancellor and Lecturers of the University of Jaffna stating categorically that so called UTHR (J) organisation has nothing to do whatsoever with the University Teachers of Jaffna!

 
Once again the vice chancellor of the University of Jaffna reiterated and insisted on this point in an interview to the media on 3 September 2000. Journalists asked him "Are there any connections between you and the UTHR (Jaffna)?" He replied that "There have been many statements in the past that have denied any connection with this organisation. There is no such organisation functioning within the University of Jaffna, this is the truth".    (Excerpts from "Thinakural" 3 September 2000)


According to reliable sources, the Sri Lankan government is processing their application with ECOSOC for National status for UTHR (J)!

58

 

Personnel working for UTHR (J) are sent by the Sri Lankan government on scholarships to various institutions for training to increase their malicious propaganda.

 
It's a surprise to all the NGOs how the NGO committee in New York could accept an application by an organisation, which is a voice of the Sri Lankan government!


UTHR (J) is an organisation which has no physical address, phone number, fax number, email address, contact person, etc. Can such an organisation obtain status with ECOSOC? If this organisation were granted ECOSOC status there would be another "GONGO" in the United Nations.

 

The teaching staff of the University of Jaffna

express anger on UTHR (J)

University of Jaffna,
Sri Lanka Faculty of Agriculture,
Killinochchi.

27 January 1996

To whom it may concern

Dear Sirs,

UTHR (Jaffna) and its activities

 

We the members of the teaching staff of the University of Jaffna wish to express our anger and resentment at the reports published by the so called University Teachers for Human Rights (Jaffna) regarding the recent happenings in the Jaffna peninsula.

 

The information contained in these reports are based on hearsay and authenticity of the sources from which they are supposed to have been obtained is open to question. The information does not give a true or complete picture of the events preceding and following the exodus of people from the Valigamam and Jaffna town areas of the peninsula and seems to be intended to serve only one goal, namely to discredit the LTTE.

 

The authors of these reports under the pseudonym UTHR (Jaffna) with a view to winning respect and credibility from its readers by misleading them into believing that the Jaffna University Teachers are associated with their reports.

 

We wish to deny categorically, once again, that any teachers of the University of Jaffna other than these two ex-staff members are in any way connected directly or indirectly with this organisation called UTHR (Jaffna) and we challenge the organisation to disprove our assertion.

 

The authors of the report have not even visited the North ever since they ceased to be members of the University staff five years ago. They have taken up residence in an area outside the theatre of war and have no first hand knowledge of the conditions here. Whatever they publish has to be based on information supplied to them either by the government or the people travelling to Colombo from the North and such information and the inferences the authors have made from them are highly selective and suited to their goal of vilification of the LTTE.

 

The people living in the North, including ourselves, have suffered infinitely more hardships due to military action by the Sri Lankan security forces and the oppressive administrative actions of the Sri Lankan government than due to any human rights violations of the LTTE. Hundreds of civilians have been killed in a gruesome manner and thousands have suffered serious injuries as a result to the indiscriminate artillery shelling and aerial bombing of thickly populated civilian areas by the security forces.

 

A large number of houses have also been completely damaged due to the same reasons. Under these circumstances the people living in the war torn area needed no encouragement or coercion from the LTTE or any other sources to leave the area and seek shelter elsewhere when there was a sudden worsening of the security situation. In fact, people who valued their lives more than their properties quickly sought shelter elsewhere as they did during the previous military operations in the peninsula, the islands and the eastern province. Heavier civilian casualties were avoided not because of the sympathy and concern shown by the security forces to the safety of civilians but due to the timely evacuation of the civilians from the area of conflict. Perhaps the authors of the report are not aware that people are still leaving the Vadamaratchchi due to intense artillery shelling which has claimed more than fifteen lives during the last two months and caused serious injuries to several more.

 

59

 

Incidentally, the appeal by the government to the civilians to return to the "liberated area" sounds hollow under these circumstances.

 

The above human rights violations by the security forces and those of the government in preventing free flow of food, medicine, liquid cash and other essential items to the North, detaining mails and postal articles destined to the North in Colombo for several months, indiscriminate arrest and harassment of Tamil people in the South and detaining Tamils who travelled to Colombo in transit camps in Vavuniya irrespective of their age, sex or status, do not apparently seem to the authors as serious human rights violations as those purported to have been committed by the LTTE. If these matters are referred to at all, they find only casual mention in the reports and their inclusion seems to be intended to give a semblance of impartiality with a view of hiding the real purpose of the reports.

 

We are surprised that even the BBC and particularly its Tamil service which has been one of the few dependable sources of news for the Tamil people in Northern Sri Lanka has come under attack by this so called human rights organisation. It appears that the popularity of the BBC among the Tamil people seems to be a cause of worry for the authors of the report. We would like to congratulate the BBC and urge them to continue their impartial reporting without being deterred by the comments or criticism by organisations like the UTHR (Jaffna).

 

It is not clear on whose behalf or for whose benefit the authors have been preparing these reports but it is obvious that the reports will not serve the cause of the Tamils who have been struggling for over four decades to liberate themselves from the tyranny of an ethnic majority, first peacefully, and having failed in their peaceful attempts, now militarily.

 

Yours truly,

 

Dr. A. Navaratnarajah, Senior Lecturer in Animal Science
Mr. R. Vijayaratnam, Senior Lecturer in Agricultural Engineering
Mr. S. Rajadurai, Senior Lecturer in Agronomy
Dr. S. Mohanadhas, Senior Lecturer in Agricultural Chemistry
Prof. S.V. Parameswaran, Senior Professor of Physiology
Prof. K. Kunaratnam, Senior Professor of Physics          
(Courtesy : www. tamilnation.org)

 

Assassination "Hit list" prepared by

 Sri Lanka propagandists !

Three Sri Lankan propagandists have been identified working under the cover of being journalists. Sri Lankan propagandists, Rohan Gunaratna (who also identifies himself sometimes as a researcher or scientist), and Dushy Ranatunge (columnist of the "The Island"), are both based in the United Kingdom. H.L.D. Mahindapala runs a weekly community radio program in Melbourne, and is based in Australia.

 

These propagandists abuse the concept of "Journalism" and misuse the "Press" to publish their racist views about human rights defenders, lawyers and academics. Their fabricated stories are frequently published in the racist media in Sri Lanka. Their reporting not only contains massive and serious disinformation, it also has criminal motives!

Being allergic to human rights organisations and human rights defenders, they attack such organisations and the integrity of human rights defenders, lawyers and academics. They are inherently racist, seeing everything through their racist lens.

 

These propagandists expect every individual in the world to support their racist views. They strongly believe that whatever the Sri Lankan government does is right! They presume that everyone in this world has an obligation to justify the atrocities that the Sri Lankan government commits. Those who are against this theory will be targeted in their writing. Whoever raises their voice against the injustice and violation of human rights in Sri Lanka is branded by these propagandists as "Traitor", "Terrorist", "Front organisation", etc. Besides these three, there are many other propagandists in Europe. Some are attached to the UN institutions.

Until now, these so-called journalists have never written anything against the Sri Lankan government, which has a worse human rights record than many other countries. Every article that they have written has been anti-Tamil and provoking ethnic violence not only in Sri Lanka but even in foreign countries! Their writing has become an obstacle to the ethnic unity in Sri Lanka.

60

According to "The Island" of 26 October, one of the Tamil news papers published in Canada "Thamilar Senthamari" (19 October 2000) states that Rohan Gunaratna and Dushy Ranatunge are two key people involved in an organisation which has prepared a "Hit List" of 63 Westerners and Tamils marking them out for assassination! The list comprises names of people who work on the question of human rights in Sri Lanka. The list contains names of many Human Rights Defenders, Academics, Lawyers and Doctors. The alleged conspiracy targets Westerners and Tamils in Europe, Canada, USA and Australia.

TCHR is concerned to note that our General Secretary S. V. Kirubaharan is amongst the 63 listed for assassination! The newspaper goes on to say that to achieve this objective, they have already launched a fund-raising drive and have opened banks accounts. According to the paper report, the Sri Lankan Foreign Ministry is connected to this organisation.

Copies of the article "Thamilar Senthamari" have been circulated to several law enforcement agencies, including Scotland Yard in United Kingdom, Federal Bureau of Investigations - FBI in United States, Royal Canadian Mounted Police - RCMP, Canadian Security and Intelligence Service - CSIS.

 

It is time for every-peace loving citizen of this world to be vigilantly aware of these bogus journalists who work with a hidden agenda. (Published in the "Human Rights of Tamils",- October 2000)

 

Note:  Up until the time this report goes to printing, the Ministry of Foreign Affairs of Sri Lanka, has not denied their involvement in an organisation which has prepared a "Hit List" of 63 Westerners and Tamils in Europe, Canada, USA and Australia marking them out for assassination!

 

Human Rights Commission covering up for the government

The massacre at Bindunuwewa is under threat of being obliterated from public discourse in the face of more topical news grabbing the headlines. No doubt such a turn of events will be to the immense satisfaction of the government, which is desperately trying to cover-up the more villainous aspects of the crime, in the hope that its already threadbare human rights record will not be tarnished further.

 

It is becoming increasingly apparent that despite the 'investigation' carried out by the human rights commission (HRC) and its report, the substance of that document is far from satisfying. Though supposedly an 'independent' body, the HRC's report smacks of a cover-up of the worst kind.

 

Mob carries firearms

One of the inmates warded at Colombo national hospital has gunshot wounds. Does this mean that the so-called 'mob' carried firearms?

 

A team that visited the rehabilitation camp found poles, iron rods etc., with telltale bloodstains. When the government appointed teams are conducting an investigation, there is obviously either indifference, or a deliberate attempt to cover-up if such prime evidence is not produced in court.

 

It is evident that the armed forces and police pay scant regard to attempts by the government to investigate and punish errant military personnel. And why should the armed forces bother too, considering the lackadaisical manner in which other massacres like Mailanthanai, Kumarapuram, Thampalakamam and Kalutara (to mention a few) have been handled by the state?

 

Trial-at-bar

One of the measures proposed to bring to book the Bindunuwewa killers is through the appointment of an independent commission of inquiry. The proposal is that it could include international experts and contain the terms of reference to investigate and punish the perpetrators. There have also been proposals to demand a commission of experts from an international organisation. However such a course of action is feasible only after all domestic remedies are exhausted .

 

The second process is through a trial-at-bar. Usually, when a criminal offence comes before court, the cause of death has to be established by the magistrate at the inquest - especially if death occurs under suspicious circumstances, such as death in custody. If the magistrate is satisfied that a crime has been committed, the police will file charges and produce the suspects in court.

 

This is followed by an identification parade if required, after which a non-summary inquiry begins. If the magistrate feels that a prima facie case exists, the matter is committed to the high court. If there is insufficient evidence, the case is discharged. The grave drawback in this procedure is that it could take two to three years for the case to be even committed to the high court.

 

61

This is where a trial-at-bar appears advantageous. The delays associated with the non-summary inquiry is eliminated and the trial-at-bar, comprising three high court judges, can go straightway into the case. The comparatively expeditious disposal of the Krishanthi Kumaraswamy case is an example of the advantages of a trial-at-bar.

 

In the case of Bindunuwewa however, the police have to arrest all the suspects which allegedly includes civilians, before a trial-at-bar begins. If this is not done, some of the perpetrators might go free.

Abruptly transferred

The police recorded complaints by the Mailanthanai villagers on August 11, 1992 and an identification parade was held in September that year. The way the system is weighted against the minorities can be seen from the way the non-summary inquiry that began at the Batticaloa magistrate's court was abruptly transferred to the Polonnaruwa MC. The reason given was that the government and military officials who had to travel to Batticaloa felt insecure due to fighting in the area.

 

The transfer however was a source of great inconvenience and fear to the witnesses who were all Tamil, who had to go to a Sinhala-majority area to give evidence. Though there was an appeal against the transfer, it was dismissed.

 

On February 11, 1996, army personnel stationed at Dehiwatte in the Trincomalee district entered the village of Kumarapuram and slaughtered 24 civilians, 13 of whom were children. Arunaithurai Thanaluxmi (16) was raped before being killed.

 

A military board of inquiry was appointed to probe the matter. Civil proceedings also began and eight persons were identified by the villagers. A non-summary inquiry was concluded before the Muttur magistrate on September 16, 1998 and the case committed to the Trincomalee high court where indictments were served. Four years are over and the trial proper is yet to begin.

 

On February 1, 1998, eight persons that included three boys were killed at Thamplakamam, also in the Trincomalee district, by the police and home-guards from the Pokkuruni police-post. Forty-one persons were identified and remanded by the magistrate and charge-sheeted. However, all 41 were granted bail by the high court. The case continues.

 

Finally, on January 6 and 7 this year, two persons were killed, allegedly by prison officials, at the Kalutara remand prison in separate incidents. There are also allegations that some of the injured prisoners were assaulted by prison officials while being taken to hospital. The inquest was concluded but no identification parade has been conducted despite 10 months having lapsed since the incident. Not altogether a pretty picture, is it?

Complicity

What is worse is the attempt by organisations like the HRC to cover-up, which brings up questions as to exactly what role it plays in Sri Lanka. True it has charged the police with dereliction of duty, but the HRC cannot escape saying that due to the enormity of the evidence. But having said that, is the HRC's report totally transparent?

 

In the past, governments have tried to escape the intense scrutiny of world opinion by using certain symbolic cases to appear to be taking action against errant military and police officials. The Krishanthy Kumaraswamy matter was one such. In this instance too, only fortuitous circumstances made details of the matter to come out of the closet, forcing the government to take action. But as a rule, the government is loathe to punish the security forces on whose protection it relies, and pulls out isolated instances like the Kumaraswamy case whenever questions come up about the armed forces enjoying virtual legal immunity.

 

Secondly, the Norwegian negotiators meeting V. Prabhakaran and the possibility of talks should not deflect attention from Bindunuwewa. The government will love to see that happen, but has to be forced to address the massacre comprehensively. Peace talks without resolving this issue will be as unrealistic as talking about a political settlement without ensuring at least a modicum of normality returns to the Northeast before negotiations begin. Because if matters like Bindunuwewa are not resolved properly, talks too would begin on a crumbling foundation - a certain path to tragedy. (Excerpts from Sunday Leader - Nov. 12, 2000)

 

 

 

 

 

 

62

The law of the jungle

Sri Lanka is fast becoming a killing field with people losing faith in both the law enforcers and the judicial system. Sri Lanka is fast moving towards staking the notorious claim to fame of being called a leading crime capital of the world with murders, rape, bank robberies, theft and vigilante killings becoming an everyday occurrence.

 

With many fingers pointing at the failure of the law enforcers to even carry out their basic duties, the law of the jungle is fast taking precedence over the law of the land.

 

An outdated penal code coupled with delays in litigation has compounded the crime problem with people fast losing faith in both the law enforcers as well as the judicial system and taking the law unto their hands.

 

In the past month, there have been more than 25 killings and 20 robberies reported from various areas in the country. A startling fact that has been revealed in recent studies on crime in Sri Lanka is that over 90 per cent of those involved in these activities were below the ages of 25 years.

 

Army and police deserters numbering to around 35,000 are mainly being blamed for the rapid rise in crimes. Easy access to firearms has also contributed to the increase in crimes with many falling prey to the temptations of making a quick buck in the absence of any deterrent against such crimes.

 

Some of the prominent murder cases that remain unresolved till today include the shootings of Satana editor Rohana Kumara, All Ceylon Tamil Congress (ACTC) leader Kumar Ponnambalam, EPDP MP and Thinamurusu editor A. Nadarajah.

 

However in less prominent cases which receive little attention in the mass media, the victims are soon forgotten and families are left with little hope for justice. For most of the families who live through the experience of a violent crime, the trauma lives with them throughout their lives but there is little hope of ever seeing justice done.

 

                                                            1998               1999               2000 (Jan-June)

 

Homicides                                         1385               1711                 608

Burglary over 5000/=                                    3531               3415               1722

Theft over 10,000/=                           1799               1592                 756

Robbery from Resident/Industries   1266               1471                 604

Highway robbery                                 607                 379                 283

Vehicle theft/robbery                           881                 892                 426

Bank hold up                                            9                    33                      1

 

Total                                                   9478               9493               4400

 

(Source: Police Headquarters - Reported incidents excluding North and East)

(Excerpts from The Sunday Times - 26 November 2000)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

63

ANNEXES

 

As far as Jaffna is concerned, everything including human rights, education, health is all zero!

-         Says Jaffna District Judge M. Thirunavatkarasu

 

December 10, 2000 ­ Human Rights and Civil Rights are blocked and denied to the people of Jaffna. They live in an open prison in the dark. We in Jaffna-Sri Lanka live in a completely dark room. We do not have any way out. We see the Human Rights Organisations twinkling in the distant twilights. I don’t know how useful they could be? Queried Jaffna Judge M. Thirunavatkarasu

 

He, as chief guest, spoke at the training seminar on Human Rights organised by Jaffna co-ordinating committee of the NGOs at the Maritime Development Centre of the Jaffna University - Sri Lanka, in connection with the International Human Rights day.

 

Lecturers of the university, Lawyers, representatives of the NGOs and of the Human rights organisations took part in the training programme chaired by the co-ordinating president Mr. Vicknesvaran.

 

Here, many speak of human rights, come together to discuss about human rights
but in vain. When you look at most of the things happening in Jaffna one begins to wonder what human rights is - let me explain this through many incidents.


Look for example what happened last week in Thenmaratchchy. Tamils are denied the right to live in their own place of birth. One cannot question this, nor appeal to a higher authority. Is this the democratic human right?


In Allarai the Army had been forcing the people to quit their village. The inhabitants did not move. At this stage the Armed forces set fire to 18 houses and chased the inhabitants out of the village. Subsequently the affected people with the help of an English typist sent letters to ICRC, UNHCR, and international organisations and to the local authorities. When the Army officers came to know this they started hunting for the 18 householders. Since they could not find them they arrested the Gramasevagar (the village headman) and requested him to give all information regarding the people concerned but he did not divulge, eventually he was released. Then they started harassing the typist at Point Pedro-Jaffna. The typist came to me for legal assistance. But what could I do. He is now unable to go back home and went into hiding.

 

In another incident: a famous lawyer and a justice of the peace in Jaffna went into a bunker for 5 days, following a clash in Madduvil area and escaped to Jaffna town. From there he kept writing to ICRC and UN Refugee organisation to rescue him from this situation.


Following clashes in the Jaffna peninsula the Sri Lankan Army brought to the hospital many tens of dead bodies saying they are the bodies of members of the Liberation Tigers of Tamil Eelam (LTTE). Then they take them away as and when they want without any legal formalities and they bury these bodies. Recently when I spoke to a foreign co-ordinator of ICRC, I asked him if they conduct inquest on these deaths. He, cynically, replied that is a valuable question.

 

Among the bodies the army brings to the hospital there are bodies of women. Who knows the cause of death, if they were raped, subjected to sexual harassment, or if they really died of gunshot? Who knows if they were beaten to death? They dump the dead in the hospital even without the knowledge of a judge or even the hospital authorities then they collect them as they like and bury them with hands and legs showing outside the ground. The dogs pull them around. Will this happen to the Sinhalese? This happens to only Tamils because they are Tamils. When things like this are taking place, what is the use of talks and meetings.


As far as Jaffna is concerned, everything including human rights, education, health is all zero. If a Tamil is arrested he could be detained without inquiries. When he is arrested, only the army officer knows the reason for his arrest neither person arrested nor the judge who orders his detention knows why he was arrested! When the arrested person is produced before the courts they do not say why or what reason, but they ask detention order 3 to 6 months, that is all. They say everything in Singhalese no one understands anything. I ask where to sign in the detention order form and I sign.

 

112

Many arrests are due to anonymous letters. If someone has a grudge against his neighbour he sends a petition to the office of the Army and they will place a grenade in the hands of the person and he is accused as a terrorist. This is what is happening in Jaffna.


The people of Jaffna are either terrorist or they have a smooth life. This is the propaganda in foreign countries. Whosoever wishes an arrest or to kill people of Jaffna can do so. They can even hit someone with a vehicle. This is what happened recently. Last Friday a University girl was hit by an army vehicle in Point Pedro junction and the undergraduate was in a critical situation fighting for life. This took place in the morning the army came to me, after the courts were closed in the evening, I asked the driver of the vehicle if he had a valid driving licence. The reply was I am an army driver! The case is put off. A personnel of the army in Jaffna could do anything and get away with it.


Take for example health facilities, there should be a surgeon for 4000 people but we have 400 000 people and only one surgeon and in Vanni there are 300 000 and no surgeon. If a child needs an emergency surgical operation she has to be sent to Colombo but by the time we go through the red tape, have spent much money and the child will arrive in Colombo dead.  In Vanni the child will die even before going to Colombo. A foreign handout on human rights is being distributed here, it isn't worth a penny. Here people suffer without a days meal and they speak of milk and honey in the handout.


In Jaffna district, 51 village headman divisions were declared high security zones and 65 thousand people were denied permission to live in their own houses. There are 240 000 displaced people in Jaffna. This is one half of the Jaffna population. In addition, there are about 140 000 displaced from May this year. Therefore the activities of the human rights are insufficient. In 1985 when shooting in Valvetithurai killed 25 people and another 25 locked up in a building and bombed, the Human Rights organisations spoke out in the international forum. Similarly the human rights organisations should bring out boldly whatever happens in Jaffna today.."

 

Members of the European Parliament

Authorities implement oppressive press-censorship

 not allowing essential supplies

 

Two British members of the European Parliament have strongly criticised the Sri Lankan Government's human rights record.

 

The MEPs, Richard Howitt and Robert Evans, say the government has not done enough to protect civilians caught up in the war against Tamil Tiger rebels and is covering up their suffering. The men accuse the authorities of implementing an oppressive press-censorship policy and of not allowing essential supplies, including baby food and medicine, to be distributed in areas controlled by the Tamil Tigers.

 

They say that the government has made no progress against the Tamil Tigers on the battlefield, and that its proposals to end the fighting through constitutional reform will not work.

 

Civilian plight

The MEPs visited the northern town of Vavuniya, where they met Tamil civilians displaced by fighting in the northern Jaffna peninsula.

 

Mr Howitt said that the authorities were not doing enough to minimise civilian casualties. The plight of displaced people in and around the conflict area was as bad as the suffering endured by civilians in Sierra Leone and Chechnya, he added. He also strongly criticised the government's censorship policy and its restrictions on travel. "It's part of their effort to maintain their own population's support for the war, but it is covering up a major humanitarian crisis," he said.

 

Peace talks needed

The two MEPs have met members of the Sri Lankan Government and will be reporting back to the European Parliament.

Mr Evans, a member of the Parliament's South Asia delegation, said that President Kumaratunga's proposals to end the civil war would not work unless she sat down and negotiated with the Tamil Tigers. "The Sri Lankan Government and the Sri Lankan army are undoubtedly spending huge amounts of money, vast amounts of resources, with very little to show for it. "There are a large number of soldiers - some of them very young, some of them female - on duty, and no evidence that they are making any progress at all," he said.

113

Mr Evans denied suggestions - prompted by the large number of Tamils in his London constituency - that his visit to Sri Lanka was opportunist. He said it was not opportunist to take up the plight of Tamil people, whom he said were being tortured and oppressed. The findings of the MEPs are likely to be warmly welcomed by the Tamil Tigers, who in recent months have themselves been strongly criticised by a variety of human-rights groups. (Courtesy BBC South Asia - 18/7/2000)

 

THE MASSACRE OF TAMIL YOUTHS

(by a Sinhalese Academic)

 

DR. BRIAN SENEWIRATNE,

MA(Cantab), MBBChir(Cantab), MD(Lond), FRCP(Lond), FRACP Consultant Physician - Brisbane

Clinical Associate Professor of Medicine - University of Queensland, Brisbane, Australia

 

The massacre of 24 unarmed Tamil boys in a Rehabilitation Centre run by the Sri Lankan Government must arouse international condemnation. This is a gross violation of International law and International Covenants to which Sri Lanka is a signatory. In accordance with International Law, authorities holding detainees are responsible for their safety and security at all times and in all circumstances. There are no exceptions.

 

During the 1983 massacre of Tamil civilians in Colombo, 52 Tamils held in the maximum security section of the Welikade jail in Colombo were battered to death by a large group of well armed Sinhalese prisoners while the prison guards and army officials looked on. Some of the other 290 prisoners testified that gangs of hoodlums were brought into prison from outside. There is also evidence that prison officials participated in the killing orgy with prison equipment such as axes and knives being given to other prisoners. The then President, J. R. Jayawardene and some of his Cabinet Ministers and their bands of hooligans who were responsible for systematically destroying Tamil lives and property in Colombo were implicated in this massacre. International bodies pointed out that such a massacre could not have occurred without the complicity of prison officials, especially since the prisoners were in the maximum-security section of the prison.

 

In December 1997, three Tamils were hacked to death in prison while guards looked on. In January this year (2000), two Tamil political detainees were murdered in the Kalutara prison just south of Colombo.

A week ago, on 25 October 2000, Tamil boys aged between 14-23 were massacred by Sinhalese hoodlums at the Bindunuwewa Rehabilitation Centre, some 3 miles from Bandarawela town in the hill country of Sri Lanka. This Rehabilitation Centre is jointly run by President Kumaratunge’s Presidential Secretariat, Child Protection Authority, Ministry of Defence, Ministry of Rehabilitation and Reconstruction, National Youth Services Council and the Don Bosco Technical Centre.

 

The youths were detained under the notorious “Prevention of Terrorism Act”, which breaches every international convention. A police unit and 12 home guards recruited from the neighbourhood were in charge of security.

 

There is no question that some of the home guards and policemen aided the mob. Some of the mob had been transported from elsewhere in vehicles. (I know the area well and there is simply no public transport to move such a large number of people). What is even more serious is that when the injured were taken to the Bandarawela Hospital, the medical staff refused to attend to them saying they were Tamil Tigers. Journalists trying to get some information about the massacre were subjected to intimidation by police who attempted to portray this as an escape attempt, a riot etc. When Non-Governmental organisations tried to visit the scene, they were told by the hooligans “ We have cleared the area of Tigers and protected our homeland. Go away and don’t report anything that would discredit our Sinhala-Buddhist country”.

President Kumaratunge and her government must take full responsibility for yet another blot in Sri Lankan history. The Sri Lankan Foreign Minister, perhaps one of the most disgraceful and despicable Foreign Ministers we ever had, distributed large numbers of copies of the booklet “Impact of Armed Conflict on Children the Sri Lankan case”, to delegates at the International Conference on war affected children held in Winnipeg, Canada, September 10-17,2000.

 

In it the Government of Sri Lanka claims that it “has paid considerable attention to the aspects of rehabilitation and meeting the needs of LTTE child soldiers/youths who surrender. This has been in operation since 1996 and was supervised by the Presidential Committee on “Safety and Welfare of LTTE Child Soldiers”, part of the Presidential Task Force on Human Disaster Management.

114

The booklet goes on to state that “in order to carry out a more comprehensive rehabilitation program with the aim of reuniting these children into society, a multi-sectional steering committee chaired by Foreign Minister Lakshman Kadirgamar was constituted by the President in November 1999.

 

If what we have seen in Bindunuwewa is the outcome of this “rehabilitation program”, the International Community must act. Or do we wait for the next massacre? To expect the Sri Lankan government to act is as good as closing the book.

 

A further follow-up publication may be necessary as the ‘plot unfolds’ and the real culprits responsible for this menace, are identified. After the 1993 massacre of Tamils in Colombo, I wrote the booklet “Unanswered Questions, The July 1983 Massacre” which was published before all the details were known. I wrote this almost by way of an apology to the Tamil people since the then President J. R. Jayawardene had difficulty in doing so.

 

On this day preceding the massacre, the detainees had threatened to go on a hunger strike unless they were charged (or released if charges could not be levied). The army were called in from the nearby army camp in Diyatalawa. However the army left the detention centre just 6 hours before the massacre. Why?

 

The day before the massacre notices appeared in Bandarawela town that the area should be “rid of Tigers”.  From where did these notice appear?

 

Sinhalese villagers living in the area are being blamed for the massacre. The Human Rights Commission of Sri Lanka (HRC) has already issued an 18-page report that it could not accept that thousands of local residents had stormed the rehabilitation centre and beat the inmates to death.

 

The HRC points out that the crowd only had knives, poles and implements and not firearms. The police on the other hand, were fully armed, and could easily have brought the rampaging mob under control. Why didn’t they?

 

There is documentary evidence that there had been an excellent rapport between the detainees and the local villagers. The detainees, as part of their work, had to do some social work in the village. Several villagers, astounded and angered by the charge that they had been responsible for the massacre, have already come out and stated quite clearly that they were “helpful boys” who helped in several chores in the village. I doubt if the Sri Lankan government will be able to conceal the identity of those responsible, anymore than Jayawardene was able to conceal the identity of those responsible for the 1983 massacre.

 

The world cannot wait for this “non-event”. The least we can do is to demand that,

  1. All the political detainees (some 3000) being held without charge or trial are released at once  (or charged). To hold them without charge or trial is illegal and if the Sri Lankan government is unwilling to rectify this, we will have to mobilise international action to force the government to do so. This we have done in Indonesia, Bosnia and several other places. Why not Sri Lanka?

 

  1. The Prevention of Terrorism Act (PTA) under which these (and many more atrocities) are committed is withdrawn at once. It has been condemned by Amnesty International and numerous international legal bodies and human rights groups. Sri Lanka cannot getaway with this Act, which is more reminiscent of a despotic regime than a supposed democracy.

 

  1. An international team is admitted at once to investigate the massacre.

 

If the international community does not act, and act now, they will be about as responsible as the hoodlums, the police, the armed forces and their political masters, who were responsible for this barbaric deed. (Excerpts - 2 November 2000)

 

 

 

 

 

 

 

115

 

Congress of the United States

Washington DC 20515

June 29, 2000

 

 

 

Her Excellency Chandrika Bandaranaike Kumaratunga

President of The Democratic Socialist Republic of Sri Lanka

Temple Trees

Colombo 3

Sri Lanka

 

 

Dear Madam President,

 

We are writing to express our concern for the refugees who are trapped within the Jaffna Peninsula amid fighting between government forces and the Tamil guerrillas. We ask that the government of Sri Lanka make every effort to secure the safety of these refugees.

Since the escalation of the conflict between the Sri Lankan authorities and the Tamil guerrillas in 1995, hundreds of thousands of people have been displaced within Sri Lanka. Nearly 75% of persons internally displaced in Sri Lanka are women and children.

Due to the most recent outbreak of violence, we have heard reports that the number of refugees in northern Sri Lanka has doubled to more than 16,000 in the past few weeks.  Moreover, International aid workers estimated that the war has driven 150,000 people from their homes. Many residents of the Jaffna peninsula have sought shelter in temples, mosques and churches, but Telephone lines to the peninsula have been cut, and, making it difficult to assess how devastating the impact has been on the civilian population.  Furthermore, there are reports that civilians have been killed by artillery fire and bombings.

 

We are particularly impressed with the role the United Nations High Commissioner for Refugees (UNHCR) and the International Committee of the Red Cross (ICRC) has played in advocating for the protection of basic rights and the delivery of humanitarian assistance in Sri Lanka, and we hope that these two impartial organisations can play a greater role in securing the safety of the Jaffna refugees.

 

While we respect your government's sovereignty to handle internal conflicts and preserve national security, we request that the Sri Lankan government do everything within its power to permit international aid agencies (specially UNHCR and ICRC) to help innocent civilians in the Jaffna Peninsula trapped between government troops and rebels move to safer areas to be determined by UNHCR and the ICRC.

 

We thank you for your attention to this important matter.

 

Sincerely,

 

Michael E. Capuano,                                     John Edward Porter,                         Carolyn Maloney,

 

Jim McGovern,                                               Lloyd Doggett,                       Brad Sherman,

 

Eleanor Holmes Norton,                               John F. Tierney,                    Tom Lantos,

 

Robert Brady,                                                 Bob Clement,                         Henry A. Waxman,

 

Robert A. Borski,                                           Nancy Pelosi

 

 

116

 

Congress of the United States

COMMITTEE ON INTERNATIONAL RELATIONS - HOUSE OF REPRESENTATIVES
WASHINGTON, DC 20515 - TELEPHONE: (202) 225-5021 - October 30, 2000

 

The Honorable Madeleine Albright - Secretary of State
U.S. Department of State - Washington, DC 20520

 

Dear Madam Secretary:


We write to urge you to register your concern with the Government of Sri Lanka regarding the brutal murder of twenty-four Tamil prisoners inside the Bindunuwewa, Sri Lanka detention center on October 25, 2000. In addition to the gruesome murder of these Tamil prisoners by machete, clubbing, and stoning, an additional 40 Tamil prisoners were seriously injured and 20 others are reported missing. We understand that the local Sri Lankan governmental authorities did nothing to prevent this attack and failed to take measures to protect these helpless detainees even as the deadly assault progressed. Therefore, we request that you support an independent and international inquiry of this horrific incident.

 

Unfortunately, incidents such as these are not isolated occurrences in Sri Lanka. What is most disturbing is that despite reports from international organizations such as Amnesty International, atrocities such as these continue to be repeated. Moreover, in this latest incident, as well as in other similar eases in the past, the Government of Sri Lanka has failed to protect Tamil prisoners under its custody.

 

Because of the lack of progress to guarantee the human rights of all Sri Lankans and questionable police and security practices that are incompatible with equal protection principles, we request your assistance in providing additional assistance for rule of law and human rights programs in Sri Lanka. We ask for your support in securing at least an additional $1 million to support the efforts of non-governmental organizations working in Sri Lanka that seek to promote rule of law and good governance programs. We believe that it is essential for the United States to promote democratic principles in Sri Lanka and to allocate the resources necessary to support non-governmental organizations to carry out programs designed to bring about genuine judicial and legal reform in Sri Lanka.

 

In the interim, we ask that you urge the Government of Sri Lanka to release all Tamil prisoners who are being held in custody without being charged with a crime. This unacceptable practice is authorized in Sri Lanka through the Prevention of Terrorism Act. The denial of due process of law under such a broadly written and vague law is manifestly unjust and would be unthinkable in the United States. Accordingly, we request that you urge the Government of Sri Lanka to repeal the Prevention of Terrorism Act because it leads to the incarceration of Tamils simply because of their ethnic background.

 

We will closely monitor developments in Sri Lanka and continue to work closely with Ambassador Wills on these matters of concern to other Members of Congress and me. Thank you for your consideration of my requests.

 

Sincerely

 

 

Benjamin A. Gilman                                               Sherrod Brown

Chairman                                                                  Member of Congress

 

 

Brad Sherman

Member of Congress

 

 

 

 

 

 

 

 

117

EU calls for Sri Lanka to enter talks

(BBC News - South Asia - Tuesday, 19 December, 2000)

 

The European Union has called on Sri Lanka to enter immediate peace talks with the separatist rebel group, the Tamil Tigers.  At a forum organised by the World Bank for aid donors in Paris, the EU said the costly long-running ethnic war in Sri Lanka was ruining the country's development.

 

The EU statement comes as international efforts continue to get the government and Tamil rebels to enter into talks.

 

Defence spending

 

The EU said it would support Norwegian efforts to bring the two sides to the negotiating table. It said a lasting peace should "take substantial account of the aspirations of the Tamil minority and not breach the intangible principle of the territorial integrity and unity of Sri Lanka."

 

But it also raised concerns about the level of defence spending in Sri Lanka.

 

"The European Union is concerned by the large proportion of the state budget devoted to military expenditure," said a statement.  An increase in fighting this year forced Sri Lanka to increase military spending by 40% to over $1 billion.

 

However, the EU also said "shortcomings in government" were hampering the country's development.

 

Human rights criticism

 

Violations of human rights by both sides were criticised in the statement.

 

The EU called specifically for the government to bring to justice the people behind the massacre of 27 Tamil detainees at a rehabilitation camp in October.

 

The Union also voiced concern about plans to bring back the death penalty.

 

It said it feared that a recent national security decree, which provides for greater police powers and censorship of the media, could also lead to excesses. While government efforts to help displaced people in the north of the country were praised, the EU said more must be done to improve their freedom of movement and access to humanitarian aid. (Excerpts)

 

 

HUMAN RIGHTS WATCH

WORLD REPORT 2001 - SRI LANKA

 

Renewed fighting between Sri Lankan government forces and the separatist Liberation Tigers of Tamil Eelam (LTTE) overshadowed other developments and generated serious abuses. Intensified battles for control of key territory in the northern part of the island claimed scores of civilian lives and displaced some 250,000 people, bringing the estimated number of internally displaced persons (IDPs) nation-wide to more than one million. Emergency government powers, in place almost continuously since 1983 and enhanced from May to September by additional regulations, granted broad powers to security personnel to arrest and detain suspects, restricted freedom of association, and authorized media censorship

 

Human Rights Developments

 

On November 2, 1999, the LTTE launched operation "Unceasing Waves" to reclaim northern territory lost to government forces over the preceding four years. On November 22, artillery shells hit a Catholic shrine in the northern Vanni region that had long sheltered IDPs, killing forty-two and injuring sixty more. Each side blamed the other for the attack.

 

 

 

118

Civilian deaths and injuries on the Jaffna peninsula were reported in the hundreds, but casualty figures could not be confirmed because relief agencies and journalists were barred from the hardest hit areas. There and in eastern Sri Lanka, many conflict-related deaths were the result of errant shells and gunshots. On May 24, four adults and two children were killed in a village near Batticaloa when a shell fell on their house during a LTTE offensive against a nearby Sri Lankan army base.

 

Sri Lanka had still not signed the international treaty banning land mines due, the government said, to security concerns arising from the conflict with the LTTE.

 

Before the escalation in fighting in April, government-run welfare camps housed some 170,000 IDPs island-wide; some 600,000 other IDPs relied on friends or relatives for shelter. Although most received some government assistance, about 100,000 people in Sri Lanka's north and east were thought to be struggling for survival unassisted. By mid-September, another 250,000 people, almost all of them residents of Jaffna district, had reportedly been displaced.

 

Displaced persons and other Tamil civilians in the north and east also faced discrimination, restrictions on their freedom of movement, arbitrary arrest, and custodial abuse at the hands of government forces. Due to government restrictions, Tamil civilians were often unable to reach work sites to earn a living, attend schools, or seek urgent medical care. In eastern Sri Lanka, army and police units continued to impose forced labor, demanding that IDPs and other civilians work without pay building sentry posts, cutting wood, and cleaning military camps. In mid-July, villagers north of Batticaloa were reportedly forced to construct a sand bulwark around an army camp; some were beaten for refusing to comply.

 

Mass arrests of Tamils occurred after violent incidents attributed to the LTTE and were often accompanied by reports of "disappearances" and torture in custody. In one two-week period in January, more than five thousand people were detained for questioning in search operations in Colombo neighborhoods. The Sri Lankan Human Rights Commission, a government-appointed agency, said in July that it had been unable to trace seventeen people detained by security forces in Vavuniya since the beginning of the year, while Amnesty International reported a rash of "disappearances" in Vavuniya in August. A Vavuniya district judge in September criticized local doctors for failing to report torture-related injuries, and threatened legal action against practitioners who submitted false reports denying custodial abuse by the army or police.

 

Freedom of the press was also under attack by the government. Intensified press censorship and denial of independent access to conflict areas frustrated accurate war reporting and civilian access to vital security information. On May 3, as the LTTE pushed towards Jaffna, the government issued new emergency regulations banning live television and radio coverage of the war, requiring government approval before such news could be transmitted outside the country, and empowering the authorities to detain journalists, block the distribution of newspapers, seize property, and shut down printing presses. On June 5, the government relaxed restrictions on the foreign media, but those relating to the local press remained in place.

 

From May 13 to July 4, government censors closed Jaffna's only local Tamil daily newspaper, Uthayan, after it reported that five civilians had died in a May 12 air force raid and that President Kumaratunga had wept during a meeting with the head of the Indian air force. On May 22, police seized the Leader Publications printing plant, blocking the publication of the independent Sunday Leader and its Sinhala-language counterpart, Irida Peramuna, for publishing reports on the war that the chief censor said "would have benefitted the enemy."

 

At the end of June, the Supreme Court struck down the ban on Leader Publications on procedural grounds. Days later, the president invoked new emergency regulations intended to correct those procedural problems. The move reimposed restrictions on all reporting deemed by the government to be detrimental to national security, preservation of public order, or the maintenance of essential services.

 

In September, the government suspended key emergency regulations banning public meetings and some of the broader censorship provisions, but restrictions on military-related news remained in place. At this writing, a ban remained in effect covering "any matter pertaining to military operations in the Northern and Eastern Province . . . [and] any statement pertaining to the official conduct, morale, or the performance of the Head or of any member of the Armed Forces or the police force."

 

Individual journalists also came under fire. In April, Nellai Nadesan, a senior columnist for the Tamil language newspaper Veerakersari, narrowly escaped a grenade explosion at his home in Batticaloa. In June, journalists attending a media workshop in eastern Batticaloa received threats after the government-owned media accused them of links to the LTTE.

119

In September, Sunday Leader editor Lasantha Wickrematunga received a two-year suspended sentence for an article he published in 1995 criticizing President Kumaratunga's performance during her first year in office. Jaffna-based journalist Maylwaganam Nimalarajan was shot and killed by a group of unidentified attackers on the night of October 19. The attack occurred at his home during curfew hours in a high security area of Jaffna, and may have been linked to his reporting on vote-rigging and intimidation during the October parliamentary elections.

 

Political violence escalated in the weeks leading up to parliamentary elections in October. By October 10, the non-governmental Centre For Monitoring Election Violence (CMEV) had recorded seventy-one election-related murders, at least twenty-six attempted murders, and over one thousand injuries, assaults, acts of intimidation, and other abuses.

 

Prominent social critics faced particular dangers from non-state actors. On January 5, Tamil lawyer and politician G.G. Ponnambalam was killed in Colombo. An outspoken supporter of Tamil separatism, Ponnambalam had acted as legal council in many important Tamil human rights cases. A group calling itself the National Front Against Tigers claimed responsibility for his murder, warning that it should be seen as a lesson by all those who supported the LTTE. (Excerpts)