By Nikhil Mustafa
A young lawyer having gone to the offices of the SLMM and ICRC sent an email to his colleague, of the abduction of three persons of one family from two locations in Colombo. The e-mail stated the persons had disappeared and that they had not been found since.
Over in Geneva, at the Palai De Nation, there is a fine restaurant where anyone could have wonderful meals for cheap rate. On a reasonably warm day; peacocks strut and preen outside the glass fronted walls. It is here that amidst endless cups of coffee and reams of documents, the state of rights gets debated everyday. Disappearances in Sri Lanka too have been discussed in the past. Thousands of depositions before the ‘Commission’ have taken prescribed route with communication reaching affected families years later. By which time, all trace of evidence disappears as well as the perpetrators.
The country has without shame begun to undress publicly all vestiges of decency and pretences of justice and protection for some. In parts of the North and East, people are reduced to a life of total uncertainty with essential provisions only available in the ‘black market’. Approximately 217,000 persons have fled, with the recent violence which is about the same number of those who were assisted to return during the entirety of the period of the ceasefire. The number of voluntary returnees from India has surpassed a margin of 2:1 by refugees fleeing to India. Medicines, for the needy have been denied access by roads which remain closed. The LTTE disapproves of movement by sea for persons stranded in Jaffna whilst the Government declines efforts to travel along the A9 from Jaffna. Residents of Jaffna were unable to sleep for weeks. For the people in Trincomalee its their turn now.
A caller from the BBC Sinhala service had asked a commentator whether anybody would come looking for him if he were to freely comment on the situation in the country! A few activists, jounalists have been visited temporarily, abducted and released.
Kidnappings, extortion, ransoms which are paid, bank accounts which seem to be in the East and Batticaloa are the order of the day. Families and persons from out of town are searched, questioned and taken into custody if suspected, regularly while human rights lawyers on occasion find it unpalatable for political reasons to take up such cases. In many instances there is formal societal denial of the horrors around us. The government categorically absolves itself from any responsibility. The ‘war’ continues though officially the country remains in a ceasefire.
The current situation was aptly described by a statement from the special rapporteur on extrajudicial executions, on September 5, 2006 as saying:
“The situation in Sri Lanka has deteriorated significantly since I visited last and met with Government officials, members of civil society, and representatives of the Liberation Tigers of Tamil Eelam (LTTE) at the end of 2005. Recent events have confirmed the dynamics of human rights abuse identified in my report and demonstrate the urgent need for an international human rights monitoring mission.
“International human rights monitoring is not, of course, an invariably effective response even to situations involving widespread human rights abuses, but there are specific factors which indicate that such an approach would be extremely valuable in Sri Lanka. One of these is that civilians are not simply “caught in the crossfire” of the conflict. Rather, civilians are intentionally targeted for strategic reasons. Such killings are quintessentially human rights violations demanding a human rights response.
“Another factor suggesting the value of international monitoring is that the conflict between the Government and the LTTE is ultimately a struggle for legitimacy, not territory. The conflict has no military solution, and mere adjustment of the facts on the ground will not fundamentally change either party’s position in future negotiations. The LTTE’s hopes for autonomy or independence rest on persuading the domestic and international communities that this would be the best solution in human rights terms.
However, the LTTE has a record for using the threat of killings to deter civilians from exercising their freedom of expression, movement, association, and participation in public affairs. As it stands, no outside observer could wish an LTTE rule for the entire Tamil community, much less the Sinhalese and the Muslims of the North and East.
“The Government should not, however, interpret the widespread proscription of the LTTE as a terrorist organisation as an endorsement of its own record. Indeed, it is an enduring scandal that convictions of government officials for killing Tamils are virtually non-existent, and many Tamils doubt that the rule of law will protect their lives.
“A resolution of this conflict that would merit the international community’s endorsement will require the Government, the LTTE, or both, to demonstrate genuine respect for human rights. The strategic importance of achieving and maintaining international legitimacy grounded in respect for human rights is not completely lost on either the Government or the LTTE.
Indeed, the discourse of human rights is central to the parties’ own understandings of the conflict’s origins and conduct. However, by using proxies, the subversion of accountability mechanisms, and disinformation, both parties have been able to commit deniable human rights abuses.
Effective monitoring would foreclose the possibility of employing a strategy of deniability, pressuring the Government and the LTTE to seek legitimacy through actual rather than simulated respect for human rights.
“When I visited Sri Lanka, my conclusion was that the Sri Lanka Monitoring Mission (SLMM), which was established to monitor the Ceasefire Agreement (CFA) of 2002, could be strengthened in ways that would permit it to provide relatively effective human rights monitoring.
Indeed, the SLMM has played a commendable and increasingly assertive role with respect to extrajudicial killings. However, as I observed in my report, “For pragmatic reasons [strengthening the SLMM] seems to be the best interim measure, but before long significantly more will be needed. If the ceasefire fails, and that now appears to be an all too real possibility, the SLMM’s role will be in question and there will be an urgent and pressing need to establish a full-fledged international human rights monitoring mission. Since then, the SLMM has been severely weakened by the LTTE’s decision to insist on the withdrawal of monitors who are nationals of EU member states, and either party could elect to unilaterally terminate the CFA at any time, thus withdrawing the SLMM’s mandate. It is time for an international human rights monitoring mission in Sri Lanka.
It is thus appropriate to reiterate some of the requirements for effective monitoring in the particular situation of Sri Lanka today:
• The details of alleged incidents, the results of investigation, and the basis for the monitoring mission’s determination of responsibility should be made public (even if information is redacted to protect individuals).
• The investigative process should be designed to prioritize the protection of witnesses against intimidation and violence.
• The mandate of the monitoring mission should not be geographically-limited, inasmuch as conflict-related human rights violations occur throughout the country.
• Because a key purpose of monitoring is to limit the possibility of conducting deniable human rights abuses, the monitoring mission should command a high level of investigative and forensic capacity. This requires, inter alia, persons with police training, persons with medical training, and Sinhala and Tamil interpreters.
• The monitoring mission should be independent of any peace process. Two implications of this are that:
Regardless whether the CFA remains in force, the monitoring mission should not be called upon to investigate violations of the CFA. The distinction between violations of human rights and humanitarian law, on the one hand, and of violations of a ceasefire agreement, on the other, must be preserved.
The monitoring mission should report to a neutral body.
This list should not be considered comprehensive. It is intended simply to highlight certain requirements for effective monitoring that are specific to Sri Lanka in light of the dynamics and logic of human rights abuse in that country. The United Nations would be well-situated to establish a mission fulfilling these requirements,” He adds.
The legacy of the worst natural disaster is all but forgotten. Allegations of embezzlement of resources abound. CNO was set up, succeeded by CNGS, and TAFREN, the Central Bank began monitoring tsunami funds in February of 2005, the Registrar of NGO’s was tasked with similar functions, the Parliamentary select Committee continues sittings on NGO’s, RADA continues to be unlegislated, and not one single coordination meeting has taken place to date which comprehensively covers the overall planning and crucially monitoring needs for successful recovery from the Tsunami. With the conflict dramatically touching on everyday lives, work in the East and north have been severely affected. Confidence levels in the community of NGO’s have sharply declined.
Very many points of concern have been raised by diplomats, development community including multilaterals. Colombo though has learnt how to politely listen and indicate a desire to continue to pursue current intentions. The reality though is back at head offices, the envelope on the enforcement of principles and sanctions do not sustain itself on countries such as Sri Lanka quite simply because countries have little time to continue to ponder on incorrigible nations such as ours, small as we are.
The CFA was meant to be the first step to building peace. Peace though was clearly understood to be long way away. The first steps were though very necessary. Cynically put, the government can slowly but surely expanded control by using military means whilst speaking of defensive actions in the east. The LTTE could ostensibly continue a war of attrition or possibly more. The UN, INGO’s and ICRC will faithfully respond though by no means in adequate numbers to fully protect the affected. The war will continue. Is this what is best for the country?
[via... Daily Mirror]
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