(War Crimes and Crimes Against humanity)
Facts to the United Nations
Human Rights Council
Information Nations Unies
Conseil des droits de l'homme
Informativos a Naciones Unidas
Consejo de Derechos Humanos
Website : www.tchr.net
Second session / Deuxime session / 2 perodo de sesiones
3rd session / 3eme session / 3ra sesion
27/11/2006 -- 08/12/2006
Tamil Centre for Human Rights - TCHR
Centre Tamoul pour les droits de l'Homme - CTDH
Centro Tamil para los Derechos Humanos
(Established in 1990)
Tamil Centre for Human Rights - TCHR
Centre Tamoul pour les droits de l'Homme - CTDH
Centro Tamil para los Derechos Humanos
(Established in 1990)
Website : www.tchr.net
TCHR participation in United Nations World conferences
and other meetings
* The Tamil Centre for Human Rights (TCHR) was accredited to participate in the United Nations Conference on Anti-corruption Measures, Good Governance and Human Rights, in Warsaw, Poland 8–9 November 2006.
* A meeting was held on 7 March 2006, in the European Parliament – titled "EU contribution to the peace process in Sri Lanka". This was jointly organised by TCHR and Mr. Robert Evans, a member of European Parliament of Labour Party in UK.
* TCHR accredited by the United Nations to participate in the World Summit on the Information Society – WSIS in Tunisia, 16 – 18 November 2005.
* Officially accredited in the NGO forum of the UN World Conference Against Racism – WCAR in Durban, South Africa, from 28 August to 1 September 2001. TCHR held an information stall including an exhibition at the forum. The TCHR representatives also attended the main WCAR conference held in Durban, 31 August to 7 September 2001.
* A meeting was held on 14 October 1998, in the European Parliament – titled "Press censorship in Sri Lanka". This was jointly organised by the Tamil Centre for Human Rights (TCHR) and Ms. Anita Pollack, a member of European Parliament of Labour Party in UK.
* In 1993, TCHR held an information stall and a photo exhibition on human rights violations, in the United Nations 2nd World Conference on Human Rights held in Vienna, Austria, from 14-25 June.
* TCHR participates in meetings of Treaty bodies and submits reports to the same.
Fact finding missions to the North East of the Island of Sri Lanka
* May 2003 (http://www.tchr.net/report_studymission_2003.htm)
* December 2003 – addendum report (http://www.tchr.net/report_studymission_2003add.htm)
* July-August 2004 (http://www.tchr.net/reports_visite_2004.htm)
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Contents
Page
Appeal 03
Introduction
Hardliner wins Sri Lanka election 04
Year of misery and violence
Pope - Benedict XVI – on Sri Lanka 06
Recorded figures - Arrests, Killings, Disappearances, Rapes, Displacements, etc 07
(Since 17 November 2005)
Children
Sri Lanka youth 'seized to fight' – BBC News 08
UNICEF condemns abduction and recruitment of children
Freedom of Expression and Movement
Gunmen 'kill two' at Jaffna paper – BBC News 09
Warning over Jaffna press freedom
Troops fire during Jaffna protest 10
Mdecins Sans Frontires (MSF) - MSF withdraws from Jaffna Peninsula
Arrests / Abductions / Disappearances
Hundreds detained in Sri Lanka – BBC News 12
Fears grow over Tamil abductions 13
Killings and Massacres
Killings of Parliamentarians
Peace suffers as Tamil politicians killed – BBC News 15
Former Tamil MP killed in Jaffna
Gunmen kill Sri Lankan politician 16
Resolution adopted by consensus strongly condemns - IPU
ICRC deplores attack on civilians 18
Lanka army 'kills 45 civilians'
Sri Lanka war 'killing civilians' 19
Sri Lankan civilians found dead
ICRC extremely concerned about the human cost of conflict
Killing of Children
Sri Lanka strike 'hits orphanage' - Mullaithivu 20
Dispute over Sri Lanka air raids
UNICEF - Children are victims of the conflict in Sri Lanka 21
Sri Lanka Tamil massacre mystery
Killings of Humanitarian workers
Sri Lanka deaths stun aid agency - AFC 22
Two more aid workers found dead 23
Aid worker shot dead in Sri Lanka
Monitors' statement on Sri Lanka killings – SLMM 24
ICRC deeply concerned about increasing mine casualties 25
Sri Lanka Tamil activist 'killed' 26
Internally Displaced People
130,000 Sri Lankan refugees cut off from aid-group
Jaffna bishop appeals to government - Bishop Savundaranayagam 27
Humanitarian Crisis in Sri Lanka - Bishop Savundaranayagam
Attack on displaced civilians must be investigated – Amnesty International 28
1
Food supplies run low for Sri Lankan families – UNICEF 29
Just another day for the displaced – ICRC 30
Blackouts and blockades
Sri Lanka - with supplies cut serious problem looms in Jaffna - UN 31
Sri Lanka - increase in numbers of displaced – UNHCR
Bishop of Mannar, writes to the Vatican 33
Sri Lanka - increasing levels of violence cause concern – ICRC 34
Concern of the United Nations
UN Condemns indiscriminate use of force in Sri Lanka
Special Rapporteur on Extrajudicial Executions urges General Assembly
Secretary-General concerned by major sea, air attacks in Sri Lanka
Secretary-General very concerned about deteriorating security situation
Secretary-General condemns Sri Lanka violence,
UN High Commissioner for Human Rights
Hopes new inquiry Commission will prove effective 42
Louise Arbour's address to the Human Rights Council
Statement from Special Rapporteur on extrajudicial executions 43
UN Independent Experts express serious concern 44
High Commissioner condemns attack on civilians in Sri Lanka 45
High Commissioner expresses concern 46
UN Special Rapporteur calls for urgent measures to end political killings 46
2
United Nations
1211 Geneva 10, Switzerland
Distinguished Sirs / Mesdames,
Since the establishment of our organisation in 1990, we have been bringing our concerns to all UN Human Rights forums, regarding the situation in Sri Lanka, our main focus at present.
Therefore, once again, we bring our deep concerns to this august forum, about the massive human tragedy in the North East of the island.
The Memorandum of Understanding and Ceasefire Agreement (CFA) signed between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam in February 2002 has created normalcy in all the provinces, except the North East.
Since the present President who is the Commander in chief of the Sri Lankan security forces took office, the North East has been facing a merciless and bloody war, in which the vast majority of victims are Tamil civilians. The daily occurrence of abductions, disappearances, political killings, aerial bombings and artillery shelling are causing terrible hardship to the people in the North East. There are people in Colombo who are also severely affected by disappearances and killings.
Since 17 November 2005 to October 2006 – 1206 people have been arrested; 1127 have been abducted and disappeared; 1202 have been killed; 88 women have been raped; 1856 have been injured and more than 279,200 people have been displaced.
The situation of IDPs remains critical. The government is preventing them from resettling in their own homes due to the militarised zones that have taken over their land. Food, medicine and daily essentials are being blocked from reaching hundreds of thousands in the North East, causing death from starvation and disease.
Fishermen are still severely restricted in pursuing their livelihood; they are constantly harassed, intimidated and killed by the Sri Lanka Navy and armed forces.
Our attached report contains information on the recent deteriorating human rights situation in the North East, for your kind perusal and to inform any constructive action you consider it appropriate to take.
It is highly surprising that Sri Lanka, with its abysmal human rights record, still remains a member in the Human Rights Council. It is well known that Sri Lanka has been systematically flouting its obligations under International Human Rights Law and International Humanitarian Law for several decades and has developed a range of approaches to avoid scrutiny of the United Nations at all cost.
Members and delegates will be aware that during the last session of the Human Rights Council, Diplomats of the European Union took the initiative and Finland as the holder of the EU presidency tabled a draft decision 2006/..... Sri Lanka (A/HRC/2/L.37) on Sri Lanka. Unfortunately, as anticipated by many, this was unsuccessful and it is doubtful whether it will be successful during the current sessions.
International human rights law and international humanitarian law are severely and massively violated by Sri Lanka. Considering all the realities and administrative difficulties, the best mechanism in hand which can be used, is to charge the President of Sri Lanka, the Commander-in-Chief of the Sri Lanka Security Forces and other Military officials with War Crimes and Crimes against Humanity.
This is the most appropriate option left in the hands of any country, international institution or other concerned bodies, committed to taking realistic and appropriate action on the dire situation in Sri Lanka.
In addition, we urge this session to take immediate steps to alleviate the humanitarian catastrophe that is being deliberately inflicted by the government of Sri Lanka on civilians in the North East.
In order to prevent imminent famine and more deaths – enough food, medicine and basic essentials must be immediately sent to the North East especially Vaharai and Jaffna. Also, the stumbling block, the only road to Jaffna - the A9 - must be opened by the Sri Lanka government without pre-conditions, for the public use.
We urgently appeal to you and other distinguished delegates to seriously consider the available mechanism for international scrutiny mentioned here, and also to take prompt action to alleviate the urgent humanitarian needs in the North East.
Thank you,
Yours sincerely
S. V. Kirubaharan
General Secretary
3
Introduction
Hardliner wins Sri Lanka election
BBC News - 18 November 2005
Sri Lankan premier Mahinda Rajapakse has won the presidential election by a narrow margin, officials have said.
Mr Rajapakse secured a little over 50% of the popular vote against main opposition rival Ranil Wickramasinghe.
Mr Rajapakse, who has taken a hard line with Tamil Tiger rebels, said after his victory he would "bring about an honourable peace".
Turnout was put at 75% in the south and west, but almost no Tamils voted in some minority Tamil areas.
He opposes privatisation and wants subsidies for farmers.
In pre-poll deals with Marxist and Buddhist parties he pledged a hard line in peace talks, including a renegotiation of the ceasefire agreement.
The Tamil Tigers warned Mr Rajapakse not to use his victory to adopt "military means to occupy our land or wage a conflict".
Political wing leader, SP Thamilselvan, told the BBC such actions would have "negative implications for the other side and we hope that they will understand the reality" (Excerpt)
Year of misery and violence
BBC News - 20 November 2006
When Sri Lanka chose a new president and a new administration a year ago, some hoped that the change could bring new thinking and a new approach in solving the ethnic conflict.
Though considered a hardliner, President Mahinda Rajapakse was viewed by moderate Tamils as a pragmatist who had the potential to evolve a consensus by convincing the majority Sinhalese community to find a political solution to the ethnic conflict.
But many of his supporters argued that while the president - elected on 18 November 2005 - would pursue the peace process, he would also adopt a hard-line approach towards Tamil Tiger rebels.
The dramatic escalation of violence in the past year - and the subsequent change in perceptions of both the Sinhalese and Tamil sides - appear to have taken the country back to the position it was in prior to the signing of the February 2002 ceasefire agreement.
Deliberate provocation
According to official figures, more than 3,000 people have been killed in the last year - including civilians, soldiers and rebels. While those figures are the source of some dispute, events on the ground suggest that the war-ravaged country may well be sliding back into full-scale conflict.
So what has gone wrong?
"The militaristic approach of the government seems to have eroded the confidence of even moderate Tamils," says Sri Lankan analyst Yuvaraja Thangaraja.
But the government offers its own justifications for military action.
Within weeks of the new president taking office, a series of claymore mines exploded in the northern part of the country killing scores of soldiers.
Many viewed this as a deliberate provocation which could have forced the new leader to withdraw from the Norwegian-brokered ceasefire agreement.
4
To its credit, there was no knee-jerk reaction from the new government. But when the violence escalated and civilians also became targets, the international community stepped in to arrange talks in Geneva in February 2006.
However, both sides reneged on their promises made in Switzerland. There were allegations that the security forces were actively aiding and abetting paramilitary groups, including those of the renegade Tamil Tiger commander, Colonel Karuna, in the eastern region.
The colonel's forces increased their attacks on Tiger bases, a tactic that annoyed the rebel leadership.
Retaliatory air attacks
Few people believed rebel denials that they were not behind the claymore attacks and they too were seen to have failed to live up to promises made in front of international facilitators.
In reality, both parties were waiting for the other to be the first to take the significant step of formally withdrawing from the 2002 agreement.
So while the ceasefire nominally at least remained in place, the violence continued in earnest, rendering it to all intents and purposes null and void.
A suicide attack on the army commander, Lt Gen Sarath Fonseka, led to the army launching retaliatory air attacks and artillery barrages.
This was followed by naval battles and counter attacks by both sides.
Thousands of trapped civilians suffered, and hundreds were reported killed. More than 200,000 people were displaced because of the violence. Most of them are still languishing in makeshift camps and in open areas.
The prospects for peace were only made worse by the decision of the European Union (EU) to place a ban on the rebels.
The rebels responded by refusing to co-operate with EU ceasefire monitors on the Sri Lankan Monitoring Mission (SLMM) who were forced to withdraw.
Some say this significantly eroded the SLMM's peace monitoring efforts.
'Gross ceasefire violations'
Muslim civilians in the eastern town of Muttur bore the brunt of the fighting as thousands were forced to leave their homes. The rebels were accused of driving the Muslims away.
But the government, too, came in for criticism over the killing of aid workers in Muttur town.
For the first time since the signing of the ceasefire agreement, Sri Lankan forces captured territory from the rebels and the front lines shifted in the north.
"Both sides were committing gross ceasefire violations. In fact, the tit-for-tat attacks of each protagonist steadily eroded the ceasefire agreement," says Helen Olafsdottir, an SLMM official.
Analysts say that the best hope for peace now lies in the hands of the government: if it can come up with a political solution in the near future, further deterioration of the situation could be prevented.
The government for its part says the agreement between the ruling Sri Lanka Freedom Party (SLFP) and the main opposition United National Party (UNP) is a crucial step in proposing long-term solutions to the ethnic conflict.
They hope that in the coming months they will indeed be able to put forward a political package.
But the government, which appeared to have strong international support until recently, has now come under increased scrutiny.
5
The recent bombing of civilians in the east, the shortage of food in the north and the east and the accusation of a senior UN official that some elements of the security forces were involved in forcefully recruiting child soldiers for the Karuna group seem to have worked against the government.
The Tigers too are accused of continuing with their killings and indulging in forceful child recruitment.
But perhaps the most worrying aspect of Sri Lanka's decline over the past year is the plight of civilians in the north and the east.
Conditions for them have significantly deteriorated, and many now are literally living in terror.
Distressingly for them, neither side appears to have focused on the issue, and an end to their suffering does not look to be immediately on the cards.
Solemnity of the assumption of the blessed virgin Mary
BENEDICT XVI – ANGELUS - Castel Gandolfo
Tuesday, 15 August 2006
Dear Brothers and Sisters,
The Christian tradition has placed, as we know, in the heart of summer a most ancient and suggestive Marian feast, the Solemnity of the Assumption of the Blessed Virgin Mary. Like Jesus, risen from the dead and ascended to the right hand of the Father, so Mary, having finished the course of her earthly existence, was assumed into Heaven.
We are also in communion with the Pastors and faithful of the Church in the Holy Land who are gathered in the Basilica of the Annunciation at Nazareth with the Pontifical Representative to Israel and Palestine, Archbishop Antonio Franco, in order to pray for the same intention.
My thoughts go also to the dear Nation of Sri Lanka, threatened by the deterioration of the ethnic conflict; to Iraq, where the terrible daily bloodshed delays the dawn of reconciliation and rebuilding.
May Mary obtain for all sentiments of comprehension, the will to understand and the desire for harmony! (Excerpt)
6
Since Mahinda Rajapaksa became the President of Sri Lanka
17 November 2005 – October 2006
Recorded figures of Arrests, Killings, Disappearances, Rapes, Displacements
and Injuries* to the people in the North East
(These are the recorded figures – real figures are higher)
Arrests/ **
Years Torture Disap. Killing Rape Injuries Displaced
2005 Nov 89 133 152 03 197 ---
2006 Oct 1117 994 1050 85 1659 279200
Total 1206 1127 1202 88 1856 279200
Arrests/ **
District Torture Disap Killings Rape Injuries Displaced
Amparai 91 94 51 15 54 21000
Batticaloa 335 355 280 22 127 67000
Trincomalee 177 107 247 14 1055 110000
Vavuniya 215 227 102 12 102 8000
Mullaithivu --- --- 65 --- 112 ---
Killinochchi --- --- 15 --- 25 ---
Mannar 97 19 57 6 91 18200
Jaffna 291 325 385 19 290 55000
Total 1206 1127 1202 88 1856 279200
* = Property and material damages caused in aerial bombing and shelling are not included.
** = Only a very few disappeared have been found
Parliamentarians (including one former) 03
Journalists 03
Religious leaders 02
Humanitarian workers 28
Educationalists +22
Businessmen +100
Students +105
Social workers +300
Tamil Centre for Human Rights - TCHR Centre Tamoul pour les Droits de l'Homme
Email : tchrgs@tchr.net / tchrdip@tchr.net Website : www.tchr.net
20 November 2006
7
Children
Sri Lanka youth 'seized to fight'
BBC News – 13 November 2006
Elements in the Sri Lankan military are helping a breakaway rebel faction to abduct children as soldiers to fight Tamil Tiger rebels, the UN has said.
A senior UN official said there was "credible evidence" that troops had rounded up children to fight with the renegade rebel group led by Col Karuna.
His faction split from the Tamil Tigers, long accused of using children.
Sri Lankan security forces say they are "perturbed" by the "completely misleading" allegations.
A Karuna spokesman also denied the allegations, saying his group merely offered protection to children fleeing fighting with the rival Tamil Tigers.
Complicity
But Allan Rock, a special adviser to the UN representative for children and armed conflict, said government forces had forcibly rounded up young Tamil children to fight with Col Karuna's group.
"We encountered both direct and indirect evidence of... complicity and participation," he said of the government security services.
The BBC's Dumeetha Luthra, in Colombo, says the allegation, the first of its kind made by the UN against the Sri Lankan military, follows a 10-day fact-finding mission.
The army has long denied allegations that it actively supports the efforts of the rebel faction led by Col Karuna, following his split from the Tamil Tigers in 2004.
'Corroding law'
Mr Rock spoke of 13 and 14-year-old children being kidnapped from villages, and no arrests or investigation being carried out by the security forces.
He said there was both eyewitness and anecdotal evidence to back up his claims.
In a statement the Sri Lankan Armed forces said Mr Rock's claims that government troops were actively involved in the recruitment of child soldiers were "regrettable".
"Security forces... vehemently deny having any involvement whatsoever with the LTTE breakaway group for abductions in Batticaloa."
Sri Lankan President Mahinda Rajapakse has promised a full investigation into the allegations.
Mr Rock said the fact that Sri Lankan troops were complicit in the recruitment of child soldiers meant that Tamil Tiger rebels would continue to do so, as it corroded the rule of law. (Excerpt)
The United Nations Children's Fund - UNICEF
News note
Condemns abduction and recruitment of
Sri Lankan children by the Karuna group
COLOMBO, 22 June 2006 – UNICEF in Sri Lanka is calling for immediate action to halt the abduction and forced recruitment of children by the Karuna group. Over the past week, the agency has verified reports of thirty cases in Batticaloa district. Reports of abduction and forced recruitment of boys under the age of 18 from the area have increased since March of this year.
8
While calling on all armed groups in Sri Lanka to stop using child soldiers and to send all such victims of the conflict home, UNICEF is also appealing to the Government of Sri Lanka to investigate all abductions and ensure that