We, the signatories of this statement, strongly condemn both the Government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE) for their callous disregard for the safety and welfare of civilians trapped in the crossfire in Mullaitivu. We demand the GOSL and the LTTE immediately prioritise the safety of these quarter million civilians to prevent the humanitarian catastrophe that has begun to unfold in northern Sri Lanka.

The International Committee of the Red Cross (ICRC) in a statement on 28 January 2009 alerts the unfolding of a major humanitarian crisis:

“Hundreds of people have been killed and scores of wounded are overwhelming understaffed and ill-equipped medical facilities … People are being caught in the crossfire, hospitals and ambulances have been hit by shelling and several aid workers have been injured while evacuating the wounded.”

We also raise our serious concern about the safety and welfare of the civilian population of the Vanni who have been repeatedly displaced in recent months and have suffered untold hardship fleeing aerial bombardment and artillery shelling with inadequate access to food, shelter and medicine.

The LTTE is responsible for forcing the civilian population to retreat with them into parts of Mullaitivu under its control. Here the Red Cross and United Nations estimate that around 250,000 civilians are currently trapped in and around the direct line of the GOSL military offensive and the firing line of the LTTE. We have received reports that any attempt to leave this area carries the risk of death at the hands of the LTTE who are using these civilians as human shields.

However, the “safe zone” established by the GOSL is inadequate. The civilians who managed to escape to the safe zone face extreme risk and have become victims of indiscriminate fire. The GOSL claims that such bombardment is in response to LTTE artillery firing from near the safe zones; this does not justify the GOSL’s actions and such claims reveal the GOSL’s determination to pursue its war agenda at any cost. Furthermore, the GOSL should take immediate steps to show that it is concerned about the fate of Tamil civilians, including the rights of those who flee Mullaitivu.

Recognising the grave dangers to civilians, the Bishop of Jaffna, Rt. Rev. Dr. Thomas Savundaranayagam in a letter dated 25 Jan 2009 to the President urging larger safe zones, has made the following plea:

“We are also urgently requesting the Tamil Tigers not to station themselves among the people in the safety zone and fire their artillery-shells and rockets at the Army. This will only increase more and more the death of civilians thus endangering the safety of the people. I insist that both parties must observe the safety zone strictly.”

The LTTE’s use of civilians as human shields and deadly efforts to prevent civilians fleeing the war zone are unacceptable and clearly violate the laws of war. Despite this, it is the Sri Lankan state’s duty to ensure the safety and protection of all of its citizens. Civilian protection must take priority over military objectives. The GOSL should immediately prioritize addressing the escalating number of civilian deaths, the inability of injured civilians to reach areas of safety and medical care, and the sheer fear and terror experienced by the trapped civilian population.

The international community, as evident from their statements on the humanitarian situation, is aware of the mounting humanitarian catastrophe. There needs to be further concerted international pressure to prevail upon the GOSL and the LTTE to ensure the safety of the civilian population.

We therefore appeal to the United Nations and the UN Agencies, governments engaged with the humanitarian situation in Sri Lanka including the State Government of Tamil Nadu, and international humanitarian organizations to:

pressure the GOSL to create additional and more effective safe zones;
demand that the GOSL and the LTTE establish corridors of safety with associated cessation of hostilities in areas necessary to allow for the safe passage of civilians to secure areas;
demand that international organizations such as UNHCR and ICRC are given full access to provide adequate care for the civilian population;
demand that neither the armed forces nor armed groups violate the rights of the displaced civilians arriving in government controlled areas;
demand that both the GOSL and the LTTE ensure the Geneva Conventions are adhered to in the treatment of civilians; as well as any LTTE cadres that surrender or are captured by security forces and members of the security forces captured by the LTTE, including the right to life and humane treatment of the prisoners of war.

Signed

Sri Lanka Democracy Forum (SLDF)
Sri Lanka Islamic Forum (SLIF), UK
Dalit Social Development Front, France
International Network of Sri Lankan Diaspora (INSD)
Sri Lanka Association - Stuttgart, Germany
Committee for Democracy and Justice, UK
Canadian Democratic League, Canada
Sri Lanka Circle – Berlin, Germany
Thenee - Tamil Website (web link: www.thenee.com / www.theneeweb.de / www.thenee.eu)
Uthayam Newspaper, Australia
Vaikarai Newspaper, Canada
Parai Magazine, Norway
Uyirnizhal - A Tamil Political Literary Magazine (www.uyirnizhal.com), France
Uyirmei - A Tamil Political Literary Magazine, Norway
South Asia Solidarity Group, UK
Free Media, Norway
South Asia Solidarity Initiative (SASI), USA

16 January 2009, For Immediate Release:

SLDF activists in London protest killing of newspaper editor Lasantha Wickrematunga and violence against media in Sri Lanka

In an SLDF organized protest opposite the Sri Lankan High Commission this evening nearly eighty activists chanted slogans demanding answers from the Government of Sri Lanka on the brutal murder of Lasantha Wickrematunga, Editor of The Sunday Leader. The protestors also chanted slogans condemning attacks on journalists, demanded media freedom, peace with democracy, and an end to war and political killings. SLDF was joined by activists from several diaspora organizations with participants representing all three ethnic communities. The picketers were also supported by activists from international human rights organizations. The protest ended on a sombre note as protestors held lit candles and observed a silent vigil for 15 minutes.

As the civil war in Sri Lanka escalated in the last year the government has systematically targeted the media in an attempt to crush all dissent in connection with its war agenda. Those journalists who dared to speak out about the immense suffering of the civilian population in the Vanni recently have faced the wrath of the government.

On January 9th gunmen shot dead Lasantha, a well-known newspaper editor and a fierce critic of the current government’s war strategy. Two days before that armed men stormed into a leading TV news station, held, employees captive and went on a rampage destroying equipment and vandalizing the office. In the last two years over a dozen journalists have been killed in Sri Lanka. State-linked actors and the Liberation Tigers of Tamil Eelam (LTTE) have been responsible for systematically silencing dissent in Sri Lanka during two and a half decades of war, seeking to create a culture of impunity and silence. Courageous journalists like Lasantha broke that silence, and his death calls on all Sri Lankans to speak out in protest.

20 September 2008, For Immediate Release:

SLDF Demands that the GOSL and LTTE Comply with International Humanitarian Norms in their Treatment of Civilians in the Vanni

The Sri Lanka Democracy Forum (SLDF) is deeply concerned about the humanitarian disaster unfolding in the Vanni. It is not a natural disaster but a man-made one, created by the actions of the LTTE and the Government of Sri Lanka (GOSL). Trapped between the two, the people of the Vanni are suffering numerous casualties and displacement on a massive scale. SLDF demands that both sides desist from the human rights abuses and war crimes they are committing against these people and make a concerted effort to ensure that they are protected. Even during times of war, both parties are bound by the Geneva Conventions and international humanitarian law, commonly known as the ‘laws of war’.

LTTE’s Suicidal Solution

The LTTE has always used the Tamil people whose rights it claims to defend as pawns in its ruthless pursuit of power. It exploited the 2002 Ceasefire Agreement and used the entire ceasefire period to arm itself to the teeth and conscript large sections of the population under its control into its armed forces. Instead of making any attempt to negotiate a just peace, its leadership promised a final battle for Eelam. In the current situation, it is using the people of the Vanni as a human shield by preventing them from fleeing the fighting and forcing them to withdraw ever deeper into LTTE-controlled territory. Those who are displaced are reportedly being subjected to atrocious conditions, apart from being forced to remain in the government’s line of fire.

Worse still, the LTTE has subjected civilians to compulsory military training, making no concessions for children, the elderly, people with disabilities or conscientious objectors. Even humanitarian workers and their families have been put under arms, thereby endangering the small source of relief available to the displaced. Nor is this a new policy: it began during the ceasefire, while peace talks were supposedly underway. This deliberate effort to obliterate the distinction between combatants and non-combatants, combined with experience from the past when poorly trained child conscripts were sent to the battlefront to be slaughtered, with LTTE guns at their back ready to kill them if they retreated, is not only a heinous war crime, but can be described as a suicidal war; the destruction of the Tamil people carried out by their self-proclaimed Tamil leadership.

Government’s Military Solution

In this scenario, responsibility for protecting the hapless people of the Vanni falls squarely on the shoulders of the GOSL. If it claims the Vanni as part of Sri Lanka, then the people inhabiting this territory are citizens of Sri Lanka, and have a claim on the State to protect them from the abuses they are suffering.

Yet far from playing this role, the GOSL colludes in the destruction of the people of this region. Knowing full well that the LTTE is conscripting all and sundry, including children, and that it is using the civilian population as a human shield, the government nonetheless, in the pursuit of its military objective of subjugating the LTTE, attacks these areas with weapons which do not have the intelligence to distinguish between civilians and combatants. It has ordered all humanitarian agencies, both international and local, out of the Vanni, thereby removing even the little relief the displaced have been getting. In the few cases where civilians actually succeed in escaping from the LTTE-controlled areas, it incarcerates them in detention centres, under equally atrocious conditions, thereby discouraging others from seeking to escape from the areas of intense fighting.

While making much of the LTTE’s use of child soldiers, the Government at the same time makes triumphant statements about the large numbers of LTTE cadres killed by government forces. Is it a matter of bravery or pride to kill these conscripts who are effectively hostages of the LTTE into whose hands weapons have forcibly been thrust? A government which kills the hostages along with the hostage-takers thereby admits defeat, because it is unable to perform the government’s role of protecting its people. This is, in effect, collusion with the LTTE in its wholesale attack on the human rights of the people of the Vanni.

While the Government has abandoned even its pretence of seeking a political solution through the APRC process which it deliberately scuttled, it gloats and glories over its so-called military victories over the LTTE and proclaims its determination to “crush the Tigers” in the near future, with callous disregard to the cries of agony of the civilian population in the Vanni. Its single track military strategy coupled with its war propaganda have produced a fertile ground for the growth and strengthening of extremist Sinhala chauvinist forces in the South that do not acknowledge the existence of a political problem of minorities in Sri Lanka.

Civilian Concerns and a Political Solution

SLDF rejects the GOSL’s pursuit of a military victory at any cost. Rather, the concerns of the civilians are of primary importance.

Firstly, any military strategy employed by the GOSL should be subordinate to the objective of protecting civilian lives and wellbeing.

Secondly, the immediate humanitarian concerns of the displaced and those trapped in the Vanni should be addressed with the support of the international community, particularly the United Nations agencies whose presence in the war-torn areas has been a source of comfort and support for the affected civilian population.

Thirdly, the GOSL’s state of war with the LTTE does not provide any justification for the commission of gross violations of fundamental human rights and flagrant breach of international humanitarian norms, which the GOSL is obligated to adhere to, even in times of war. The GOSL must be pressured to bring an end to this regime of impunity.

Fourthly, the LTTE must immediately stop its practice of forcibly conscripting civilians in an attempt to augment its fighting forces. It must recognize the right of freedom of movement of all the people and including that of the civilian population of the Vanni areas who want to escape from war-torn areas and desist from the practice of using non-combatant civilians as human shields.

Fifthly, recognizing that there is no military solution to the conflict in Sri Lanka, the GOSL must be pressured to reactivate a credible political process with a view towards seeking a political solution that addresses the grievances and aspirations of the minorities.

25 July 2008, For Immediate Release:

Remembering the bloody Watershed of July 1983 and Reflecting on our Political Culture

This month marks the 25th anniversary of the bloody month of July 1983. A tragic month in the history of Sri Lanka when thousands of Tamils were exposed to rampant mob-violence carried out with the support of government ministers. It was a watershed in Sri Lanka’s post-colonial political culture of majoritarian autarchy, when the minorities lost all confidence in the state’s willingness to protect their lives and property. The violence which consumed Tamil civilians in all parts of the country outside the North and East was also repeated in two organized massacres of over fifty Tamil political prisoners in Welikada high security prison. While the causes and factors driving the ethnic conflict go back to the careless abandon with which our political forebears gave over to narrow communal nationalism in the competition for votes after the Donoughmore reforms of 1931, July 1983 was the starting point of the civil-war and the rapid decline of the country into its current tragic chaos.

The trajectory of events from July 1983 to now have been replete with failures and missed opportunities on the part of successive governments, the Tamil nationalist movement, and the various political actors engaged with Sri Lanka. However even during such dismal times as the riots of July 1983, great acts of courage were shown by civilians from all communities who came forward to protect their neighbours at considerable personal risk. Such acts of courage and humanity have been repeated on all sides of the ethnic divide throughout the history of the war. There were even in the darkest times, individuals and political actors who have pushed the cause of justice and acted with great moral courage. While mourning the deaths of all those killed in the course of the ethnic conflict we must reflect on past failings, the current predicament, the malignity of our political culture and consider the future for democracy, justice and pluralism for the younger generations that have been brought into conflict devastated Sri Lanka.

In reflecting on the historical significance of July 1983, in the rise of militancy and the militarism, and the increasing violence throughout the country, we must recognize how July 1983 repeats itself in many other forms. We must remember the massacres of pilgrims in Anuradhapura in 1985, the massacres of TELO cadres in 1986, the onset of ethnic cleansing of the Northern Muslims, the Mosque massacres in the East and the counter massacres of Tamil civilians, and of the massacres of soldiers, policemen and militants that surrendered. We must also reflect on the efforts at resolving the ethnic conflict, and the manner in which such efforts were stymied by the chauvinist forces in the South and narrow nationalist forces on all sides. Where have we arrived today? Have we come all that far from July 1983 and the years following it?

Successive Governments and the Continuation of Conflict

The complicity of the government of the day in the events of July 1983 is now well documented. So is the failure of the state security establishments, which not only failed to protect Tamils from the mob violence but were themselves in several instances party to the crimes. The further round of alienation and displacement of minorities in July 1983 following on previous rounds of communal violence in 1956, 1958, 1977 and 1981, changed the demographic composition of many of Sri Lanka’s towns and villages and raised questions about the possibility of inter-ethnic co-existence; a burning question that remains even to date the most difficult problem to solve in formulating a political solution.

Successive governments have failed to use the memory of July 1983 to bring about a change in our political culture and a process of reconciliation, or for that matter to create a national debate and dialogue to guarantee the safety and alleviate the fears of minorities. Neither have successive governments taken Tamil parliamentary politics and for that matter any Tamil democratic movement seriously, and have only engaged the minorities through the lens of patronage. During the aftermath of the violence of July 1983, the government of that time expelled Tamil politicians from parliament paving the way for Tamil militancy to fill the vacuum. Even the progressive initiatives taken during the mid 1990s to find a political solution and the government of the time acknowledging the injustices committed against minorities were quickly lost in a tragic replay of the history of communalist forces taking over mainstream politics once again. The current government neither acknowledges nor apologises for injustices suffered by the minorities. National parliamentary politics continues on the same narrow partisan path in obstructing the possibility of a political solution, to the detriment of the minorities and the country as whole; majoritarianism and pandering to Sinhala Buddhist nationalism and its underlying racism has characterized many opportunistic governments.

The Rise of Tamil Militancy and its Failings

Though the beginnings of Tamil militancy go back nearly a decade before 1983, it was following the violence of July 1983 that the country witnessed the explosion of Tamil militancy with large numbers of Tamil youth joining different groups, spontaneously willing to sacrifice their life for a separate Tamil state. But a simplistic reaction to Sinhala nationalism by an exclusivist counter-Tamil nationalism with rapid militarized growth vitiating democratic ideals including internal democracy, marked the failure of Tamil militancy as a whole.

Most Tamil militant groups, especially the PLOTE and LTTE, followed by TELO and to a significantly lesser extent the other groups, have indulged in abusing human rights, particularly by killing off of internal dissidents, opponents and critics. In its most potent form this led to the elimination of all the other groups by the LTTE and its consequent fascist claim for sole-representation. The beginning of internal killings also goes back to the LTTE’s monopolistic ambitions and targeting of effective leaders of other groups such as Sundaram of the PLOTE in January 1982, and the leaders of other groups then fearing LTTE spies among them. Once they began killing, the same logic demanded more.

The LTTE in particular has not shown any restraint towards killing Sinhalese and Muslim civilians. In 1990, the entire population of Northern Muslims were ethnically cleansed by the LTTE. Every time the LTTE wanted to break a peace process, e.g. 1987, 1990, 1995 and 2005, it has done so by provoking reprisals through attacking Sinhalese civilians and security personnel. Further the LTTE, its breakaway faction and the TNA of the late 1980s in particular have indulged in the brutality of forcibly conscripting Tamil youth and children. Such militarization and a political culture of violence has decimated the Tamil polity and alienated the Tamil community from other communities.

In spite of this stifling militarized politics, dissent continues in the Tamil community. Progressive minded individuals and organisations have consistently taken a stand for democracy and human-rights and opposed communalism, providing hope for reconciliation in the future.

Towards a Just Political Solution

Twenty five years after July 1983, Sri Lanka is again mired in a horrendous war with the same attendant culture of impunity and rampant human rights abuses. The little hope offered by mechanisms such as the All Party Representative Committee (APRC) and the Commission of Inquiry (COI) have disappeared following the government’s overt scuttling of the first and undermining the latter through executive interference. Both the government and the LTTE show absolute disregard to civilian life and the number of IDPs and civilian suffering have reached immense proportions. Inter-ethnic co-existence and pluralism have taken a serious toll with the war. Communities have been polarized by a political culture of majoritarian hegemony creating new challenges for reconciliation.

While the situation appears darker than ever before, we re-iterate that there is no military solution to the conflict and the need of the hour is to arrest impunity and find a just political solution that addresses the grievances and aspirations of all the communities in Sri Lanka. The political culture that the generation after July 1983 has known has been one that is driven by war, Sri Lanka cannot afford to sacrifice another generation to such a tragedy. In mourning the violence, militarization and polarization that were exacerbated by the brutal events of July 1983, we must espouse a political culture that eschews violence, pushes for demilitarization and works towards co-existence and democratization, by bringing together and re-energising the progressively minded individuals and organisations across all communities.

15 July 2008, For Immediate Release:

SLDF Condemns Attempts by the Government to Suppress “Truth”: COI’s Work to Address Impunity and Media Freedom are Critical

As Sri Lanka is thrown further into war, the siege against independent attempts to bring out the “truth” grows tighter. The suppression of “truth” has led to the deterioration of political culture and the criminalization of the State. It applies to those concerned with the “truth” about human rights abuses, the “truth” in relation to the suffering of civilians affected by the war or for that matter safeguarding the very institutions including the media that are responsible for unearthing “truth” that is essential for a democratic and just society.

SLDF is deeply distressed by the President’s interference in the working of the Commission of Inquiry (COI) set up by the President himself to address sixteen cases of grave human rights abuses in 2005 and 2006. Even as the COI was beginning to show some progress, the President and some of the officials in government have interfered and introduced delays, including the suspension of video conferenced testimony of witnesses who have found refuge abroad. The resignation of veteran public servant and Commissioner, Dr. Devanesan Nesiah, is reflective of the loss of credibility of the COI.

SLDF is outraged by the brazen attacks on journalists. An open and democratic society can not compromise on the question of media freedom. The brutal physical attacks on Keith Noyahr and Namal Perera along with Mahendra Ratnaweera have to be condemned in the strongest terms. Given the circumstances surrounding these attacks, the government should take responsibility to find those guilty of these reprehensible attacks. The continuing detention without charges of journalist J.S. Tissainayagam, printer and manager Jaseharan and his partner Valarmathi is also of serious concern, and it is yet another act to intimidate journalists into silence.

There are sections both in the government and the public sphere who claim that the war effort, and particularly a “war against terrorism”, should freeze certain rights and delay the deliberations seeking “truth” until after the war. SLDF strongly disagrees with such a claim. The LTTE has consistently suppressed “truth” over the last twenty years, including by systematically eliminating dissent and opposition to is fascist agenda. There is no recourse to justice for the hundreds of thousands of people living under the jackboot of the LTTE. However, a government that claims to be democratic should never descend to such levels, and if the war and militarization entails suppression of the “truth”, the legitimacy of the government itself is necessarily at risk. The commissions and omissions of the current government are doing irreparable damage to the confidence of the minorities in the Sri Lankan State and their rights as citizens.

The Work of the COI and Interference

A year ago, in July 2007, SLDF wrote in a statement [1] on the COI and IIGEP that: “SLDF believes that the COI and the IIGEP have the potential to make a vital contribution towards addressing the culture of impunity. At a minimum, the COI could provide recommendations for the reform of the criminal justice system, highlight lapses in investigations, and provide evidence to revitalize efforts to bring justice to victims and families of a few of the worst human rights abuses committed during the last two years.” And SLDF went on to raise further concerns about the conflict of interest of the Attorney General’s department, the need for effective witness protection, issues with funds for the COI and the importance of ‘timeliness and speed’ in concluding the work of the COI. Those concerns remain the same, if not accentuated by the recent interference by the President on the work of the COI.

Indeed, the COI was beginning to make progress in unearthing the “truth”. Much of the testimony on the case of the extrajudicial execution of five students in Trincomalee and further video conferencing testimony on the ACF case would have possibly revealed important evidence on the perpetrators of the cases relating to the five students and the ACF massacre. As highlighted in the reports of the University Teachers for Human Rights (Jaffna), these two cases reveal State complicity in grave human rights abuses, and the COI in making progress on these two cases would have made a significant step in addressing the prevailing culture of impunity in the country.

Suspension of Video Conferencing and the Witness Protection Bill

The recent interference by the President’s Secretary to suspend testimony through video conferencing is a major blow to the functioning of the COI. The suspension of gathering evidence through video conferencing from witnesses outside the country by the COI was carried out under a directive from the President citing future witness protection laws. For the COI to function properly, it should be driven by a moral ethical spirit as much as by legal technicalities. In this context, SLDF is seriously concerned about the suspension of the use of video conferencing to gather evidences from witnesses living outside Sri Lanka. We acknowledge that such evidence when gathered in the absence of well defined procedures can be vulnerable to undue influence and corruption, which is the main reason attributed for the suspension of video-links. However, SLDF believes that even if this was true, the decision regarding the validity of the evidence obtained should have been taken by the COI and not by the government. Furthermore, the proposed witness protection bill is fraught with problems; it is vague in its definitions, depends too much on the executive branches, particularly the police and the Attorney General (AG)’s department for implementation and may take many more months before it is passed and ratified. The intimidation of witnesses in Sri Lanka is now well established. The suspension of video-links in this context, on the sole instruction of the President, can only be interpreted as an attempt to suppress “truth” by keeping out witnesses who are beyond the reach of intimidation. Furthermore, the provisions in the new witness protection bill which calls for a role for the police and the AG’s department, raises concerns about the position of witnesses who flee the country due to lack of confidence and fear of the criminal justice system.

The Resignation of Commissioner, Dr. Devanesan Nesiah

At the outset, SLDF supported the work of the COI based on the reputation of the leading civil society figures, some who had many years in public service and for their contributions to issues of justice and society more broadly. Dr. Nesiah’s position on other commissions in the past and his public service over a number of decades, including as Government Agent in a number of districts were all characteristics that provided legitimacy to the COI’s work. The pressures exerted by the Counsel to the Security Forces, the letter by the President’s Secretary and the public vilification of Dr. Nesiah prior to his resignation point to not only the lack of seriousness on the part of the President to address impunity, but also collusion between sections of the State, and is a dangerous development in the country suggestive of unwillingness to face up to the revelations of a government-sanctioned investigation.

The COI’s recommendations do not necessarily lead to prosecutions and as such it is mainly a body that was meant to carry out inquiries, in the context of which legalistic arguments whether right or wrong about conflict of interest with respect to Dr. Nesiah’s relationship to the Centre for Policy Alternatives do not hold much water. Indeed, if there is any serious conflict of interest, it continues to be the role of the Attorney General in the COI, whose reluctance to move on the investigations and prosecutions through the criminal justice system necessitated the need for the COI in the first place. SLDF recognizes the contribution of Dr. Nesiah in the proceedings of the COI thus far, and believes the resignation thrust upon him, is a loss not only to the work of the COI, but also to the cause of fighting impunity in the country. When a prominent Tamil Commissioner is pushed out of the COI, it does not bode well for witnesses from the minority communities willing to come forward.

We quote below at length from the letter of resignation by Dr. Nesiah on 24 June 2008, as it clearly outlines what is at stake with the COI:

“There were many difficulties impeding the Commission but progress was made, albeit slowly. One of the difficulties was in respect of witness protection and another in respect of gaining access to witnesses who had gone overseas. The scope of witness protection that the Commission has been able to extend to witnesses resident within Sri Lanka is very limited in respect of both degree and duration. However, several key witnesses have gone overseas and the introduction of video conferencing opened the possibility of access to several of them. Accelerated progress was made and it appeared that the new momentum could be sustained. Since then, with the suspension of video conferencing and with the requirement imposed on the Commission to await the new legislation governing witness protection, those prospects have receded. In my view, some of the provisions in the draft legislation may deter several critically important witnesses from testifying. In consequence the Commission might not be in a position to arrive at a robust conclusion in any of the 16 cases assigned. That would be a disaster for the Commission, for the victims who seek justice, and for our national reputation – a fundamental indictment of our nation's ability to deliver truth and justice to the victims of serious violations of human rights.”

SLDF calls on the COI to complete its work in a timely manner, and to come out with the “truth” about these cases and with recommendations for the reform of the criminal justice system. SLDF further demands that the interference by the President into the work of the COI is stopped forthwith and provisions are made to immediately resume video-linked testimony.

War Crimes, Crimes against Humanity and International Processes

SLDF is perturbed by the lack of seriousness both on the part of the government as well as the commentators in the public sphere about the seriousness of the massacre of the ACF aid workers and other such grave human rights abuses. Many such crimes are internationally recognized as war crimes and crimes against humanity, and may in the future come under universal jurisdiction for prosecution in courts internationally. The work of the COI was meant to redress the flaws in the criminal justice system and strengthen national institutions to address impunity. The failure of the COI as a credible domestic process, particularly through continued interference and lack of cooperation from government officials, could well pave the way for an international process to address such war crimes and crimes against humanity.

Attacks on the Media

SLDF is outraged by the brazen attacks on the media. The abduction and brutal attack on Keith Noyahr on 22 May 2008 and the attempted abduction and brutal attacks on journalist Namal Perera, along with British High Commission official Mahendra Ratnaweera on 30 June 2008, reflect the culture of impunity that has taken hold over the country. The circumstances surrounding both attacks point to State complicity in these attacks and the patent cynicism of statements by government officials alluding to conspiracy theories only reinforce the arguments pointing to complicity at the highest levels of the State. The continued detention without charges of Tamil journalist J.S. Tissainayagam, printer and manager Jaseharan and his partner Valarmathi since 7 March 2008 reflects another line of attack on media freedom by the State. Related to such repression, and as a reminder that the repression will not stop with the media, there are recent reports of inquiries being carried out by the police into the activities of the four human rights organizations, Right to Life Centre, Law and Society Trust, Janasansadaya and Civil Monitoring Commission.

While concerns of leaking vital military information through the media is a serious issue, even those incidents should be addressed through the rule of law and not vigilante action by State-linked actors. However, the current attacks on media freedom stem from a deliberate conflation of military information with that of genuine criticism of the military efforts including issues such as corruption in the military.

The work of journalists and media freedom are fundamental for an open and democratic society. These attacks, detention and intimidation of some journalists can necessarily lead to self-censorship by other journalists.

At a time when the minorities, and particularly the Tamil community, are under siege by both parties to the war, the media has an important role in bringing out the “truth” about civilian suffering and bridging the communities toward inter-ethnic co-existence. However, for the media to be effective in this task, it should be allowed to function without fear, to be able speak out not only about the need for state reform, or the need to address human rights, but also about the prosecution of the war. Any democratic society needs the check of the media, to ensure the government is accountable to its citizens.

Seeking “Truth” and the Role of Civil Society

In a time of war, more than at any other time, the government should be under greater scrutiny, both through government appointed bodies such as the COI as well as a vibrant and free media. The absence of such checks is leading to the State losing the minorities confidence and could have long-term repercussions of polarizing the communities beyond repair. This has been one lesson from the last twenty five years of the conflict, which the current government seems to disregard. Precisely when the State lacks the commitment towards minorities and its citizens at large, civil society needs to act; the religious clergy, academics, trade unions, professional organizations, the NGOs and the business community should take on the formidable responsibility of defending the “truth”.

[1] SLDF Supports the Work of the COI and IIGEP and Calls for Greater National and International Support to Address the Culture of Impunity, 11 July 2007: http://www.lankademocracy.org/documents.html#07july11

18 May 2008, For Immediate Release:

SLDF Condemns the Brutal Murder of Maheswary Velautham

The Sri Lanka Democracy Forum (SLDF) unreservedly condemns the LTTE for the brutal assassination of Maheswary Velautham on 13 May 2008.

Maheswary Velautham was killed in a hail of bullets fired at point blank range by LTTE gunmen when she was caring for her bedridden ailing mother in her home village in Navundil in northern Jaffna in the presence of her family members. Writ all over this cruel episode of murder, and the manner and circumstances in which it was carried is not an iota of the self-proclaimed heroism of the LTTE, but its unrivalled depravity and cowardice.

Reputed for her long years of sustained, dedicated and exceptional work on behalf of displaced people, refugees and those languishing in long term detention without trial, Maheswary displayed enormous courage and leadership in negotiating her role in the service of her people in the whirlpool of violent Tamil politics. At a time when many Tamils took the easy way out by going abroad seeking comfortable lives, it was her commitment to serve her people that made her to remain in the island exposing her to the ever present danger that eventually ended her life.

A pioneering woman activist from the days of the incipient Tamil national movement in the seventies, Maheswary belonged to the generation of Tamil activist women who had to tread a lonely path to carve out a space for themselves in a male dominated world of Tamil politics. No matter what her political alliances were Maheswary was single minded in her non partisan commitment to all those she served, and to the Tamil community in general.

The LTTE has been singularly responsible for the physical elimination and silencing of a whole generation of Tamil political leaders, intellectuals, academics, human rights activists and humanitarian workers. Now Maheswary Velautham joins this long list of persons who have fallen victims to the bombs and guns of the LTTE.

What this latest killing of a 54-year-old unarmed woman demonstrates is that the LTTE under V. Pirapaharan is incapable of transforming itself to accept a multiplicity of political views and practices and deviating from its relentless campaign of murder of each and every Tamil, whether young or old, male or female, who dares to think and act differently.

SLDF calls upon all those who condemn this wanton killing of a dedicated public figure to redouble their efforts in fighting for democracy, justice and dignity for the minorities, in particular, the Tamil community that Maheswary served.

10 April 2008, For Immediate Release:

SLDF Called on APRC Delegation to Release an Interim Report on Consensus Arrived at Within the APRC

The Sri Lanka Democracy Forum (SLDF) held a discussion with the visiting delegation of the All Party Representative Committee (APRC) including APRC Chairman Professor Tissa Vitarana and eight other delegates on 6 April 2008, which followed a meeting of SLDF’s international Steering Committee and an SLDF sponsored day long conference the previous day.

The meetings took place in the shadow of escalating violence in Sri Lanka, surrounding the Madhu Church in Mannar and the brutal assassination of Minister Fernandopulle and fourteen others by an LTTE suicide bomber in Weliweriya. SLDF unreservedly condemns these and other acts of violence which target civilians.

The conference on 5 April 2008, attended by SLDF activists and other activists from Europe, addressed issues relating to a political solution, democratization, concerns of minorities, the politics of human rights, diaspora activism and the impact of the upcoming Provincial Council elections. The conference was followed the next day, by a meeting of SLDF’s international Steering Committee to arrive at decisions relating to SLDF’s work over the next six months.

On the evening of 6 April 2008, SLDF Steering Committee members and a few other observers held a three hour long discussion with the visiting delegation of the APRC. SLDF reiterated that there was no military solution, and that the only way forward was through a just political process that addressed the grievances and aspirations of the minority communities leading to State reform within a united Sri Lanka. SLDF expressed concern that recent developments and the delays and deflection of the APRC process have shattered the confidence of the minority communities. SLDF called on the APRC Chairman Prof. Vitarana and the APRC representatives to immediately release at least an interim report of the ninety percent consensus that had been arrived at within the APRC process. Given the divided and polarized positions within Parliament, further progress with respect to a national consensus will be difficult to achieve unless all communities participate in a national debate on State reform.

SLDF appreciates the participation of the APRC delegation in constructive engagement with the critical concerns raised at the meeting. The meeting also provided the opportunity for Mr. Devadas of the Europe based Sri Lankan Dalit Social Development Front to make submissions to the APRC on a political solution that addresses the concerns of Dalits, who face caste oppression within the Tamil community.

7 March 2008, For Immediate Release: Concerns of Minorities and Civilians Should be Debated at the UN HRC: SLDF Urges Human Rights Mechanisms to Address Impunity and Protection

The Sri Lanka Democracy Forum (SLDF) calls for local and international pressure to halt the severe escalation of human rights abuses in Sri Lanka. The country is mired in another brutal cycle of war, the effect of which is particularly made worse by the scuttling of the political process to address minority grievances. The rampant killings, abductions, enforced disappearances, and attacks on the media -- all have worsened the prevailing climate of fear and the culture of impunity; these developments, coupled with the government’s increasing authoritarianism, debilitate democratic institutions and the democratic fabric of society. President Rajapakse’s interference in the political process has undermined the All Party Representative Committee’s efforts to produce credible proposals for a political solution, which would have also provided the opening to address broader concerns of human rights and rule of law in the country. Instead, the escalation of violence inherent to a military approach, the targeting of civilians and the virulent nationalist rhetoric espoused by both the State and the LTTE are further polarizing the communities and eroding the possibility of a sustainable and just peace.

SLDF calls on local and international actors to take a principled stand backed up by concrete action to ensure that both the Government of Sri Lanka (GOSL) and the LTTE respect international human rights and humanitarian laws. SLDF reiterates that a UN human rights field operation can contribute significantly to the protection of civilians. The targeting of civilians during armed conflict and the commission of other grave human rights abuses constitute war crimes and crimes against humanity, and perpetrators of such crimes should be brought to justice.

Targeting of Civilians by the LTTE

Following LTTE leader Prabhakaran’s Heroes Day speech, the LTTE has been escalating violence against the civilians in bombings and claymore mine attacks, leading to death and injury to hundreds of civilians. This targeting of civilians, in effect, forecloses the possibility of the LTTE participating in any political process in the future. The LTTE’s agenda seems to be one of further polarizing the communities, including the instigation of a backlash against the Tamil community, as a way of gaining legitimacy for its bankrupt separatist politics. The reports coming out of LTTE-controlled territory in the Vanni also point to horrific repression of the civilian population there. These attacks on civilians by the LTTE should be condemned in the strongest terms and warrant the further isolation of the LTTE.

The UN and the Debate on Human Rights in Sri Lanka

Sri Lanka has a long-standing tradition of progressive legal and human rights activism which in addition to building a rich human rights culture in the country, has also contributed to the development of international human rights law and UN mechanisms. The Civil Rights Movement, did path breaking work with litigation in the Supreme Court following the first JVP insurgency and its brutal repression in 1971; the University Teachers for Human Rights (Jaffna), began their work in the late 1980s combining human rights reporting with political critique, and were one of the pioneers internationally, in highlighting the abuses of non-state actors, particularly the abuses of the LTTE. Given this tradition, SLDF encourages the GOSL to raise concerns about the abuses of all states and non-state actors in UN forums, including Western states, responsible for human rights abuses against civilians. At the same time, SLDF urges the GOSL to adhere to its international and national obligations to protect human rights, including through support of UN mechanisms, rather than deflect international concern and condemnation as Western interference. SLDF calls on government officials and actors in civil society, to recognize the suffering of the civilians affected by the conflict, and refrain from reacting to criticism and pressure on human rights as anti-national, and not become mere apologists for the Sri Lankan State. The intellectual honesty and ethical responsibility of all actors are at stake, as we face another cycle of brutal repression. Furthermore, greater attention on human rights will reflect a political commitment towards justice for the minority communities.

Dayan Jayatilleke, Sri Lanka’s Ambassador to the UN in Geneva assures us, “human rights violations will drop off drastically when the war is over, when the enemy has been defeated – just as human rights violations in the South of Sri Lanka dropped off sharply when the JVP had been militarily defeated” (The Island, 25 December 2007). The LTTE’s position is identical – human rights certainly, once the war of liberation ends. There is an eerie similarity between the two positions and a callous disregard of civilian suffering. Both positions treat civilian life as an expendable commodity valuable only as a means towards the objective of winning the war. This perspective is in direct contradiction of the “laws of war” or better known as international humanitarian law, the violation of which is a war crime.

Impunity

There has been no progress with regard to impunity in Sri Lanka. Necessary legislative provisions do not exist to prevent impunity; the criminal justice system lacks independence and competence; investigations continuously fail; there is no witness protection legislation or policy; the Attorney-General is failing in his responsibility to prosecute those responsible for human rights abuses; and there is a failure to provide compensation to victims of human rights violations. The IIGEP, mandated to monitor the Presidential Commission of Inquiry (COI) into 16 serious cases, has issued a statement this week stating it will terminate its operations without the COI completing even one case, with both mechanisms failing to serve as a deterrent against serious human rights abuses. Indeed the IIGEP statement reflecting on the process of finding justice says “underlying it all was the impunity … there is a climate of threat, direct and indirect, to the lives of anyone who might identify persons responsible for human rights violations, including those who are likely to have been committed by the security forces.” The lack of an effective mechanism to check perpetrators of human rights violations is all the more worrying given concerns raised by UTHR(J) in their recent report released on 21 February 2008, about death squads functioning with impunity and sanction from the highest levels of the State.

Disappearances, Abductions and Killings

There have been over a thousand cases of disappearances, abductions and killings in Sri Lanka over the last two years. Human rights groups claim that in Jaffna alone there have been over 700 cases of killings, abductions and disappearances by the State and State-linked actors, during 2006 and 2007. Human Rights Watch in a press release to an extensive report on enforced disappearances released this week claims, “In 2006 and 2007, the United Nations Working Group on Enforced and Involuntary Disappearances recorded more new ‘disappearance’ cases from Sri Lanka than from any other country in the world.” MP Manoganesan, who himself is at risk for the important work that he is doing as convenor of the Civil Monitoring Commission, claims there has been a resurgence of abductions in February 2008, including in Colombo.

Governance, Authoritarianism and the Constitutional Council

Ultimately, human rights, democracy and pluralism in Sri Lanka will only be as strong as its institutions and political culture. An emerging authoritarianism reminiscent of earlier decades of the conflict, and the undermining of institutions responsible for governance, have raised concerns about the state of democracy in Sri Lanka. President Rajapakse continues to violate the constitution despite the nomination of the tenth candidate by the political parties represented in parliament, which was his pretext for not convening Constitutional Council earlier. The current wave of authoritarianism is characterized, under the guise of national security, by the abuse of power, the misuse of the police and security apparatus against political opponents, targeting of minority communities, the intimidation of the media, and attacks on international and local NGOs.

Press Freedom

The recent attacks on the press and intimidation of journalists are very alarming because a free press is the foundation of any democratic society. Senior officials in the GOSL have unashamedly called for censorship of the press and warned individual journalists about their reporting. The Tamil media has been for long intimidated into towing the LTTE line, and now other armed groups such as the TMVP and the EPDP, are adding to the terror prevailing on the Tamil public sphere. The killings of journalists, the greater surveillance and intimidation of journalists, and the attendant climate of fear, have also led to increased self-censorship by journalists in all three languages. In the absence of an independent and effective human rights reporting mechanism, the press in Sri Lanka are tasked with the important work of reporting on human rights abuses and the humanitarian situation in conflict affected areas. As such, the climate of fear in which they operate stifles one of the few avenues to channel the concerns of civilians.

Election Violence

With local government elections scheduled for 10 March 2008 in Batticaloa, there are increasing reports of election-related violence. Furthermore, holding elections while the TMVP continues to function as an armed group undermines the possibility of free and fair elections. The climate of fear and the continuing killings in the East raise concerns not only about the democratic process, but also the impact on civilians who are bound to face both intimidation and violence perpetrated by armed groups including the LTTE and TMVP, in the lead up to, during and following the elections. Most people in the East believe that the election result is a foregone conclusion, determined by those who wield guns, rather than at the ballot box. The elections and the result will have no legitimacy or credibility, and as such is an “inauspicious” beginning for local democratic governance in the East.

Rhetoric of “Terrorism”

The rhetoric of “terrorism” and the “war on terror” has been used by the GOSL and Sinhala Buddhist nationalists to attack anyone critical of the GOSL or the war effort as sympathizers of the “terrorists”. SLDF has consistently challenged the fascist political culture of the LTTE and has had no compunctions about challenging the acts of terror perpetrated by the LTTE, the State or State-linked armed groups. The conflict and the problems facing the Sri Lankan State cannot be reduced to one of terrorism. Instead, the GOSL has to acknowledge that it is essentially a political problem that requires a just political process to reverse not only the escalation of the conflict but also the grievances of the minority communities since Independence. Furthermore, responding to “terrorism” with counter terror, resulting in grave human rights abuses including the targeting of civilians, cannot be justified. Such grave abuses are crimes against humanity and war crimes, and as such should be brought to account by the courts, and where necessary international courts.

Dissent

With the onslaught of the war, the war mongering propaganda and the centre stage being given to the nationalist extremes, dissenting political opinion from both Sinhala and Tamil nationalisms, supporting a pluralist democracy in Sri Lanka is again under attack. Indeed, even raising genuine concerns about the predicament of civilians has increasingly become the function of dissenting voices. With the climate of fear, dissent in Sri Lanka has the formidable task of debating the concerns relating to human rights, raising the concerns of minorities, challenging the polarization of communities, preserving the democratic space and campaigning for a just political process.

Protection of Civilians and a UN Human Rights Field Operation

With the escalation of the war, domestic mechanisms have failed to protect civilians and State-linked forces have been responsible for human rights abuses against the minority communities. In this context, SLDF believes that only a UN human rights mechanism will enjoy the confidence of minority communities to arrest impunity and serve as a deterrent against future abuses. SLDF supports calls by the UN High Commissioner for Human Rights, Louise Arbour, to establish a UN Human Rights Field Operation in Sri Lanka. Such a field operation, to be effective must have full access to the entire country including territory controlled by the LTTE; and through a mandate of protection, monitoring, investigation and reporting can empower local structures to ensure the independence of the judiciary and freedom of the press, stimulate discussion on human rights issues and enhance the space for humanitarian work.

The UN Human Rights Council (UN HRC)

SLDF calls upon the UN HRC to consider and debate the human rights and humanitarian concerns of the civilians in Sri Lanka, and condemn the abuses by all armed actors, be they the security forces, the State-linked armed groups or the LTTE. The UN HRC, as the ultimate multi-lateral body responsible for human rights, has an important role in debating the human rights situation in Sri Lanka, notwithstanding the GOSL’s assertions about interference. The ongoing March session of the UN HRC and Sri Lanka’s Universal Periodic Review in May 2008, provide opportunities for a vibrant debate. A principled resolution at the UN HRC, including credible recommendations, is in the interest of those individuals and communities in Sri Lanka that have been the most affected by the ceaseless onslaughts of human rights abuses.

24 January 2008, For Immediate Release: SLDF Rejects the Interim Report of the APRC Calling for an Interim Arrangement

SLDF rejects the APRC’s announcement of the 13th amendment to the Constitution as the interim arrangement, at the personal behest of President Rajapakse who has deflected the announcement of the conclusions reached by the APRC over eighteen month long deliberations, which may now never see the light of day. This undemocratic act by the executive presidency is a travesty of all efforts aimed at according justice to the minority communities, who have consistently suffered discrimination and persecution at the hands of successive Sri Lankan governments over the last sixty years.

The President and the ruling party have singularly failed to show even a semblance of leadership and have sought to hide behind extreme Sinhala Buddhist nationalist forces to railroad the APRC’s mission to find credible proposals for a just and sustainable political solution to the national question. There is absolutely no doubt among those who have been following the APRC proceedings, that it is the President who has scuttled the APRC process having more recently given assurances of a final set of APRC proposals by the end of January 2008. The ruling party’s claim that they are being held to ransom by extreme Sinhala chauvinist elements is disingenuous to say the least. Such claims only reinforce minority fears that they will never be treated as equal citizens in this country by the political parties representing the majority community.

The APRC process which progressed over 18 long months despite serious setbacks and obstacles thrown in its path by Sinhala chauvinists, the ruling party and the opposition UNP, produced important principles and conclusions through the Majority Report of the Panel of Experts consisting of experts from all three communities in December 2006 and the proposals delivered by the Chair of the APRC, Tissa Vitarana in January 2007. All political parties were invited to participate in this process in a robust manner and contribute to this important national debate. The process itself had potential to build consensus, through compromise and negotiation. However, some of the parties chose to stay on the sidelines, waiting for an opportune moment to sabotage the process. Despite these attempts, those who were active within the process, in particular, the minority parties soldiered on.

While we hoped that the APRC would find important principles and conclusions to delineate a clear road map for a political solution, it was clear to the country at large that the APRC process was only the beginning of the long road to peace. The conclusions of the APRC would have had to be taken to the Parliament and the country at large for discussion, negotiation and amendment. This would have been a healthy process for the country to undergo, healing the rifts between communities and ameliorating their differences. The ruling party and the President and their Sinhala chauvinist allies have scuttled such a national debate. If the government cannot even brook such a transparent democratic debate on the national question then it only exposes the sorry state of democracy in this country.

If the President wanted to simply implement the 13th amendment there was no need to set up the APRC process. The 13th amendment was on the statute book already, and all that was required was to implement it. This attempt to debate the ‘national question’ through an all party process need not have been enacted, if the President did not have the integrity to stand by the conclusions of the APRC.

The 13th amendment has been part of the Constitution, for over 20 years, and had been allowed to fall into disuse. There again government abuse of power, of procedure and undue interference which was possible because of the structural flaws and inadequacies of the 13th amendment were important contributing factors for its non-implementation and failure. The APRC process took bolder steps, and sought to democratize governance in the whole country and in the context of which the issues of discrimination and justice for the minorities were going to be met. The government is resurrecting the 13th amendment now only as an administrative sop, so that it would be possible to scupper the APRC process.

Even though the 13th amendment is ostensibly intended as an interim measure, SLDF reiterates there ought to be no interim arrangement without a final vision. The 13th amendment is no interim stage of any roadmap to a sustainable peace. It has no organic connection to the discussions within the APRC. If this announcement of the implementation of the 13th Amendment was intended as a confidence building measure by the government, it will only achieve the contrary, as it will certainly shatter the confidence of the minority communities. Furthermore, the attempt at interim arrangements through the implementation of the 13th Amendment without a substantive vision towards a political solution and credible political process, will only entrench repressive and undemocratic forces in the North and East. The only matter that the government seems to be committed is the war and its attendant militarization.

When the President set up the APRC process 18 months ago, he claimed that this process would put an end to the “dashed hopes and aspirations, not to mention lost opportunities.” With his current action to undermine the APRC process the President has contributed to yet another lost opportunity which will exacerbate the divisions in the country.

It is imperative that the legacy of the APRC process, the Majority Report and the Vitarana proposals and the momentum they created for discussion on the national question be taken forward. If the minority parties, the progressive Southern parties, including APRC Chairman Tissa Vitarana, are genuine in their commitment towards justice to the minority communities, they should immediately make public the consensus they had reached, even if this means a dissenting report that will not have the backing of the major political parties or the government. A discussion on the basis of such a dissenting report ought to be held, nationally, to arrive at credible proposals for a political solution within a united Sri Lanka. The political process must continue, but given the loss of credibility suffered by this government, the political process and the national debate on a just and sustainable political solution should continue outside the auspices of the Sri Lankan state, and in particular, the patronage of this government.

14 January 2008, For Immediate Release: SLDF Demands Completion of the Work of APRC and Progress with the Political Process

The Sri Lanka Democracy Forum (SLDF) demands that the Government of Sri Lanka (GOSL) facilitates the completion of the APRC process and the prompt announcement of its conclusions arrived at through its inclusive, transparent and democratic deliberations. SLDF demands that the GOSL no longer impedes the natural progression of the APRC deliberations set up to explore solutions to the issue of justice for minority communities that has been festering for 60 years, since independence. Recent news reports suggest that the APRC is being subjected to intense pressure by the ruling party and its Sinhala Buddhist nationalist allies, the JVP and the JHU, to abandon the conclusions reached through discussions over 18 months. Instead, the APRC appears to be under pressure to announce proposals that do not go beyond the twenty year old 13th amendment, which disregards the debates over the last two decades and the discussions that have taken place within the APRC.

SLDF regrets that the President has decided to take this arbitrary and undemocratic step to undermine the satisfactory conclusion of the APRC deliberations, much against his original stated aims for the APRC. The imposition of any formula outside of the APRC deliberations is undemocratic, an attack on the inclusive character of the APRC, and exhibits total disrespect to the parties involved, particularly those parties representing the interests of the minority communities. SLDF regrets that the ruling party has descended to such deplorable levels of political expediency and opportunism at a time of serious political and security crisis when courageous leadership and political integrity ought to be shown by the country’s political leaders.

For sixty years, the minority communities have faced discrimination and ill treatment at the hands of the Sri Lankan State and Sinhala Buddhist nationalists. The Sri Lankan State’s failure to resolve the concerns of minorities has dragged us into a thirty year civil war and the accompanying devastation to all communities. Unless the State makes its commitment to arriving at serious proposals for constitutional reform that would guarantee a just and equitable political solution, the country will remain in turmoil, despite the military gains the government has made over the LTTE.

SLDF reiterates that the only way out of the current debacle is for the GOSL to meet the demands of the minorities and the democratic forces in the country and offer substantial devolution to the regions, power-sharing at the centre, and institute far reaching state reform, as proposed by the Chair of the APRC and the broad agreement reached over the last eighteen months of APRC deliberations.

The LTTE and the war

The LTTE, which claims to be the sole representative of the Tamil people having wiped out almost all of its parliamentary leadership, has waged a war for an independent state for nearly thirty years. The armed campaign for secession was begun challenging the parliamentary path as being too moderate and as not yielding any results. A settlement through negotiations has been anathema to the LTTE till now. There are no signs that it will change its view in the near future. Despite its claims the LTTE has not been able to achieve anything for the Tamils, and indeed has set the community back in its quest for equality and justice. It has depleted the numbers of the Tamil community, exacerbated divisions within the Tamil community that will take a long time to heal, and has also set the Tamil community at loggerheads with the Muslim community. Today the LTTE suffers from total political bankruptcy and isolation, and is in no position to lead or represent the Tamils.

War propaganda, ethnic polarisation and the imperative of a political solution

The government’s unashamedly jingoistic campaign over the war has unleashed Sinhala Buddhist extremist forces, and has polarised the communities more than ever. The Sinhala Buddhist nationalist leadership, which conflates the Tamil people with the LTTE, is representing every LTTE military set back as a political and ideological blow against the claims of Tamils and Muslims to live in the country as equal citizens. This is no recipe for a sustainable peace.

SLDF demands that the political process, which requires compromises on all sides so that each community can come out a winner, is given primacy. The discourse around the war and excessive militarization portrays the interests of the majority as being diametrically opposed to the interests of the minority communities, suggesting that minority interests somehow will have to be met at the expense of the majority, which is not the case. Only an immediate and sincere commitment to the APRC - the only political process in motion - and its due completion will take the country away from this destructive and polarising logic of war.

Senior government officials and their political supporters within the Sinhala Buddhist nationalist lobby are presenting a two stage formula to resolve the ethnic crisis: the demise of the LTTE first, and addressing the grievances of the minorities later. This relies on the stereotypical Sinhala Buddhist nationalist slogan that all problems of the minorities began with the advent of the LTTE. There is no acknowledgement of the historic injustices meted out to the minorities which continue till today, and that the State has the fundamental responsibility to address minority grievances, war or no war with the LTTE. This is essentially a political problem that has given rise to a crisis of serious proportions that threatens the country. Such developments cannot be neatly compartmentalised and dealt with schematically into military victory first and political process later. The only way the LTTE’s fascist politics can be totally defeated is if the political process is taken forward.

The government claimed that the APRC process would be finalized once the budget was passed in December 2007. The budget has been passed in the government’s favour, but we see no genuine movement. Many fear that the obstacles created by the government and its hard line Sinhala Buddhist chauvinist supporters will make the APRC process fail, and then the government would rely upon this to scuttle the political process altogether in the interest of a purely military approach. If the government is to inspire confidence amongst the minority communities, it has to take immediate action to prove that this is not the case. A credible outcome of the APRC process will make minority communities see that there are possibilities in negotiating with the State, despite the belligerence of Sinhala Buddhist nationalists. The majority community will perceive that it is possible to bring the minority communities on board, and assist them to disavow their ties with extremist forces such as the LTTE.

State reform and devolution

The APRC deliberations have been conducted in the context of an ever-deepening crisis of democracy in constitutional and political terms. It is looking into the question of overall state reform that could set off processes of democratisation, that our deeply divided and militarised country needs. The fundamental reform of the state and changes to the system of governance being proposed by the APRC would serve the whole country well for the 21st century.

The APRC is not simply proposing piecemeal reform that would be put together to satisfy the Tamil community’s concerns alone. It is envisaged that addressing minority grievances and devolution from the centre to the regions, particularly to the North and East, ought to be couched within the overall reform of the State. This kind of reform will not benefit one community’s interests at the expense of the other. It is only through an inclusive political process of give and take, where everyone benefits, that a lasting peace could be achieved.

Over the last year and a half, even in the face of manipulation by the President and his Sinhala Buddhist nationalist allies, the APRC was moving towards consensus on important issues. These features, which were also articulated in the Majority Report of the Experts Committee in December 2006 and the Vitarana Report of January 2007, should be addressed in the final APRC proposals if it is to have the necessary legitimacy and acceptance among the minority communities. We summarize below some of these crucial issues:

The structure of the state to ensure a united Sri Lanka, without emotive labels such as “federal” and “unitary”.
Substantial devolution of power to the provinces without a concurrent list of powers.
A bicameral legislature with greater representation for the minorities and the provinces.
The abolition of the executive presidency and a combination of Proportional Representation with the Westminster-type parliamentary system of government.
Implementation of bilingualism, proportional employment of minorities in the public sector, and adequate education facilities for minorities.

Interim administrations without a final vision

SLDF demands that any interim administration should be set up only after the conclusions of the APRC are made public and a clear path is delineated to progress towards state reform. Any interim arrangement should be one phase of an overall process, with a final objective to achieve state reform and devolution. Otherwise it is likely that an interim administration will help entrench structures of power that are deeply undemocratic and unaccountable. SLDF fears that the setting up of interim arrangements that are not democratic, and lack legitimacy and accountability with the people living in the regions, could prove to be disastrous for the future of a just peace in Sri Lanka.

International consensus and support

There is a growing consensus within the international community both in the West and in Asia that progress with the APRC and the announcement of credible proposals for state reform will enable them to assist with reconstruction and development processes. The Government, having abrogated the CFA, has a duty to expedite the internal political process through the APRC. While there was much that was wrong with the failed Norwegian peace process, the Sinhala Buddhist nationalists cannot continue to rely on their portrayal of the international community as the bogey man to renege on their obligations to the minority communities of this country.

On 21 October 2003 the joint statement between India and Sri Lanka asserted:

“India supports the process of seeking a negotiated settlement acceptable to all sections of Sri Lankan society within the framework of a united Sri Lanka... It believes that an enduring solution has to emerge purely through internal political processes. … India will maintain an abiding interest in the security of Sri Lanka... Any interim arrangement should be an integral part of the final settlement and should be in the framework of the unity and territorial integrity of Sri Lanka.”

Such concerns four years ago gained further credence in an EU-India Joint Statement on 30 November 2007:

“There is no military solution to the conflict in Sri Lanka. A negotiated, political settlement, acceptable to all communities within the framework of a united Sri Lanka, is the goal that all international efforts should encourage. A credible devolution package would be a major contribution to this end.”

If Sri Lanka is to gain from such a principled international consensus on a political solution developed through internal processes, the GOSL should show the necessary leadership within the country to move on a political solution and thereby gain the international support necessary for reconstruction and development.

Completing the APRC process

If the APRC process announces its findings without being subject to any manipulation, and the government progresses to the next stage in an effort to genuinely address the minorities’ grievances and aspirations within a united Sri Lanka, then it would be a major step forward in reversing the legacy of majoritarianism that has plagued Sri Lanka since independence. The GOSL should not hide behind the war or the LTTE to scuttle the political process. Reneging on the political process set up to address the legitimate grievances of minority communities as we approach the sixty year mark of troubled independence will only ensure a another legacy of failure for the current President, the government and its political leaders. The UNP also cannot hide behind a token opposition to the GOSL. If it is a responsible opposition, it needs to immediately work towards strengthening the APRC process and achieving a political solution to the crisis. In short, the political developments in the next few weeks will become another important historical test of the legitimacy and legacy of the much discredited political leaders in Sri Lanka. The APRC process should be completed in a credible manner and the conclusions made public without further delay.

27 December 2007, For Immediate Release: Para “Master” a Powerful Voice of Tamil Dissent

It is with enormous grief that we received the sad news of the sudden death of Kumaraswamy Pararajasingham on his 72nd birthday on 16 December 2007. “Para Master”, as he was respectfully and affectionately called by his friends and colleagues, was a founder Steering Committee member of the Sri Lanka Democracy Forum (SLDF). He was one of the leading activists in the German Chapter of SLDF.

Para Master’s active and continuing participation in the work and activities of the SLDF was only a part of his life-long commitment to his broader struggle against social exploitation and oppression.

The born rebel he was, Para Master’s engagement with the struggle for the emancipation of the people from class and social oppression, particularly the tyranny of the caste system within the Tamil community, commenced with his joining the Lanka Sama Samaja Party (LSSP) very early in his life and rejecting the politics of narrow nationalism. However he along with his comrades, did not hesitate to rebel against the leadership of the LSSP when it began to enter its era of coalition politics by associating with the Sri Lanka Freedom Party (SLFP).

Para Master was a committed trade union activist primarily associating and working with the then powerful Ceylon Mercantile Union (CMU).

Para Master also played a very leading and active role in the Jaffna Branch of the of the Movement for Inter-Racial Justice and Equality (MIRJE) which was founded following the enactment of the PTA in 1979 with the escalation of the ethnic conflict and the proliferation of gross human rights abuses by the police and security forces particularly in the northern province of Sri Lanka.

As the culture of violence and repression became internalised and began to dominate Tamil politics and the space and opportunity for free expression began to disappear, Para Master with his family, like many other Tamils, went into exile.

In exile Para Master did not seek satisfaction in the comfortable life styles that most other Tamils did. His deep and abiding commitment to the struggle against tyranny and oppression found reflection in his continuing work in the field of defending human rights and literature. He edited and published a socio-political and literary magazine known as “Sinthanai” (Thoughts) that carried stories, poems and articles that reflected an alternative viewpoint.

Even as the LTTE sought to extend its tyrannical grip of expatriate Tamils by denying freedom of expression by intimidation and violent means, Para Master along with like-minded progressive colleagues, devised literature as the platform on which LTTE’s tyranny and its claim for “sole representation” of Tamils was to be challenged. The “Ilakiya Santhippu” (Gathering of Literature), an event held every few months in different capitals in Europe for the last two decades, where hundreds of progressive writers and campaigners gather to discuss and deliberate, has become the rallying platform for the dissenting community among expatriate Tamils.

We take this opportunity to convey our deepest sympathies to Para Master’s wife and life-long companion Mallika, his son Santhush, daughter Uma, son-in-law Murali and daughter-in-law Dinesha, all of whom have in their own right developed into notable writers and campaigners of human and democratic rights for which Para Master stood for.

A powerful voice of the dissenting Tamil community has been stilled by Para Master’s death. His departure is a great loss not only to the SLDF as an organisation of which he was an integral and important part, but also to many of the other organisations and individuals with whom he worked with. But we have no doubt that the legacy he has left behind by his selfless, varied, long and outstanding contribution will remain honoured and remembered.

4 December 2007, For Immediate Release: SLDF Condemns the LTTE leader’s Call for War and Separate State, SLDF Demands an End to LTTE’s Politics of Murder and Suicide

As Sri Lanka is plunged into war yet again, and civilians face yet another humanitarian crisis, Prabhakaran's annual Heroes Day speech warrants closer attention. It reveals his continued commitment to a suicidal politics that will serve only the interests of the LTTE, even as it decimates the Tamil community, and confirms him to be one of the individuals most responsible for the failure of peace negotiations and for the repeated return to a war of attrition that is all too familiar to the civilians in the North and East.

In the current context of egregious abuses of human rights by the Sri Lankan State, which continues to persecute Tamils in Sri Lanka and to delay on producing a constitutional settlement that would recognise the legitimate aspirations of all minorities in Sri Lanka, some may find it tempting to see the LTTE in a more sympathetic light. It is, however, the Tamil and Muslim communities who continue to suffer, and this most recent Heroes Day speech makes clear that the LTTE is neither capable of, nor interested in, securing them a solution.

The Sri Lanka Democracy Forum (SLDF) rejects outright the LTTE’s call to war and is dismayed that the LTTE is on the downward spiral of further destruction and suffering for the whole country and the Tamil people in particular.

The LTTE leader, Prabhakaran’s, annual speech on November 27th continues in the same vein as his previous speeches since 2004, in being a call to war for a separate state. Prabhakaran’s speech assumes particular significance given the totalitarian structure of the LTTE, which does not allow for any other voice within it. In his speech, Prabhakaran glorifies the suicide culture of his organisation, calls for the escalation of war for a separate state, and refuses to recognise past and present efforts to find a political solution.

The leader of the LTTE has yet again set back hopes for a negotiated political solution, through both his call to arms in his speech and the LTTE's subsequent actions. The LTTE’s bombings in Colombo the following day ominously signal its determination to pursue its war agenda.

Over the last two decades, Prabhakaran has been a consistent obstacle to both local and international efforts to find a political solution, beginning with the Indian efforts in the mid-eighties to the most recent effort by the Norwegians. Despite serious deficiencies in the design of the Norwegian peace process and lack of political will all round, it is Prabhakaran who has, more than any other individual actor, consistently wrecked every effort at peace making, and has done so with complete disregard for the welfare of those whom he claims to represent.

LTTE renews commitment to a war of attrition

Similarly his vocal and unrepentant rejection of the Indo-Lanka Accord twenty years later today, which he more than any other actor was responsible in scuttling, is a reflection of his political bankruptcy, paralleled only by the political bankruptcy of the most extremist Southern political actors. He does not recognize that the political process is one of constructive and dedicated engagement, rather than an exercise in which proposals are put forward by one party simply to be accepted or rejected by the LTTE. Prabhakaran’s refusal to accept responsibility for the atrocities he ordered, including the assassination of a generation of Tamil political leaders, intellectuals and activists, and the political blunders he had committed which led to his organisation’s isolation, are clear indications of his inability and unwillingness to transform politically. Indeed, the much-vaunted but never witnessed political transformation of the LTTE is even less likely now with this new affirmation to continue the war. Prabhakaran has built the LTTE into a purely military outfit that is capable of only seeking a military solution.

Prabhakaran’s speech clearly articulates that the interests of the LTTE and the interests of the Tamil people living in Sri Lanka are not one and the same. Indeed, it is clear that he is mainly addressing the Tamil diaspora, and particularly the LTTE lobby in the West, which constitute the financial and political base of the LTTE. He is seeking to mobilise the Tamil diaspora, which is a constituency that does not have to face the consequences of his actions, whether it is the escalation of the war, or the forced recruitment of children and youth.

LTTE’s sole political objective - a totalitarian Tamil state

The LTTE leader attempts to bridge the divergent interests of the Tamil people with the LTTE’s aspirations for survival and power by continuing to evoke a form of extreme Tamil nationalism that glorifies martyrdom and the cult of suicide and that centres around the creation of a totalitarian Tamil state. The LTTE’s continued call for an independent Tamil state, the achievement of which seems more remote than ever, is imposed upon the Tamil people in Sri Lanka, even at the significant humanitarian costs this would exact from civilians who have already suffered so much. To what extent the Tamils living in Sri Lanka desire an independent Tamil state to live under the yoke of the LTTE is a pertinent question that needs to be raised. The LTTE continues to propagate the idea that an exclusive Tamil state is the only viable option for Tamils even though the idea of an independent state represents a total refusal to consider the possibility of a negotiated political solution. It is also an attempt to box the Tamil community into a corner, mirroring the ideals of Sinhala Buddhist nationalists who are also opposed to the idea of a political solution - a solution that would address the grievances and aspirations of all the minorities in Sri Lanka.

The LTTE’s prescription of an exclusively Tamil totalitarian state will not address the interests of significant numbers of Tamils and Muslims living outside the North and East. Moreover it also acquits the Sri Lankan state of its national and international obligations to its minority citizens, and legitimises the notion of an exclusive Sinhala Buddhist state in Sri Lanka.

The cult of suicide and the creation of a fascist political culture

The cult of martyrdom and suicide that the LTTE leader promotes raises grave concerns about the future of the Tamil community, which he continues to hold hostage in the interest of his own survival and his vision of a totalitarian Tamil state.

The suicide culture of the LTTE has to be condemned not only because it is morally reprehensible, but also for the fascist political culture it engenders and the destruction of pluralistic politics within the Tamil community. The cult of suicide and the cyanide capsule is built on the assurance of absolute obedience and loyalty to a leader who does not brook any dissent about his personal objectives in this war. To hundreds of LTTE cadres trained to bear arms and become suicide bombers in this atmosphere of an 'all or nothing' war, the call for peace and democracy would appear very remote indeed, however great their suffering. This is the tragic fate of several generations of Tamil youth.

On February 7 2003, during the Norwegian peace process and even while negotiations were going on in Berlin between the LTTE and government peace delegations, LTTE cadres smuggling arms who were surrounded at sea were ordered to commit suicide rather than surrender to SLMM monitors.

The LTTE leader has to publicly renounce the movement’s politics of suicide and political killings as a first and important step in establishing its serious intent towards a negotiated political solution. We have not witnessed another national liberation movement which was wedded to a similar cult of suicide and violence as that of the LTTE, and which could transform itself to join the democratic process to arrive at a negotiated settlement, such as in East Timor or in Northern Ireland.

The decimation of the Tamil polity

The LTTE’s claim to be the sole representative of the Tamil people has rendered Tamils a great disservice and has systematically alienated them from the broader Sinhala community, from other minorities such as the Muslims, the neighbouring peoples of India and even the international community.

The LTTE annihilated whole generations of both armed and unarmed democratic activists, intellectuals, professionals and ordinary civilians who disagreed with their repressive measures within the Tamil community. Most notably, almost the entire Parliamentary leadership of the Tamils who campaigned for Tamil autonomy for many decades were assassinated. Anyone who was suspected of showing an iota of dissent was liquidated. Under LTTE control, there is no space for even the concept of a civil society.

During the periods of ceasefires, Tamil and Muslim civilians living in the North and East were able to experience some semblance of normalcy, in spite of continuing LTTE abuses. However, the LTTE, which pays no heed to the wellbeing of the Tamil people, has been all too ready to provoke war and to break any ceasefires, as its sole interest is to keep its war machine going, to fill its ranks through forced recruitment, and to ensure its own survival and crucially, the survival of its leadership, around which the organisation is built..

The enormity of death, destruction and displacement suffered by both Tamils and Muslims, in the last 30 years, primarily in the North and East of the island, is incalculable and they continue unabated. However, in his speech Prabakharan prescribes and calls for more violence and war, which would result in indiscriminate mass murder of innocent civilians across the country in suicide bombings and targeted killings of those individuals who express dissent.

The way forward

In the face of the resurgence of Sinhala Buddhist nationalism in the South over the last two years, coupled with a militarist mindset at the highest levels of the government, the years ahead are going to be long and arduous as Sri Lanka slips into another cycle of protracted conflict.

The Sri Lankan State has consistently let down and violated the rights of the Tamil people and other minorities in Sri Lanka. However, if the destruction of the last twenty five years has taught us one thing, it is that there can never be a military solution to this conflict and the only way forward is through a negotiated political process.

The choice before the Tamil community is the continuation of the strategy of violence and war inherent in the LTTE’s suicidal politics, or a negotiated political solution which addresses the grievances and aspirations of all the minorities living in Sri Lanka. SLDF calls on the Tamil community, and particularly the Tamil diaspora, which has greater space to survive the terror of LTTE guns, to reject the call for war, refute the idea of a separate state and to condemn the suicide politics of the LTTE.

The choice for the LTTE is also clear: it either transforms itself by abandoning the secessionist cry and its cult of suicide and works towards a negotiated settlement by joining the democratic process; or faces eventual rejection by the Tamil community, and isolation by the international community. Prabhakaran’s annual speech of 2007 makes it apparent that he is neither ready nor willing to make this transition and consequently will push the LTTE in the direction of further rejection and isolation.

The choice for the Sri Lankan State and its leadership is stark: failure to settle the ethnic conflict swiftly in an acceptable manner to the minorities will plunge the whole country into chaos and anarchy, with disaffection growing in the South. The Southern political leadership has to recognise that there will never be a military solution to the ethnic conflict. It has to accept that the minorities have grievances which have to be addressed in a just and democratic manner, through a transparent and inclusive process. Unless the State abandons its campaign of terror against Tamil civilians and makes sincere attempts to bring about a political solution, it cannot win the confidence of the minority communities.

SLDF challenges those in the Tamil diaspora and in the South to rethink their stance that the violence of the LTTE can be used as leverage against the government to demand devolution of power to the minorities. Recent history has demonstrated that the LTTE’s intransigence and violence have hardened the attitudes of Sinhala Buddhist nationalists in the South and vice versa. This will only deepen the destructive process that has been set in motion through the unleashing of extreme ethnic nationalisms. Such destructive politics will eventually cripple efforts towards achieving any kind of peace.

This critical moment calls for urgent action by the progressives who cherish democracy in all three communities to work together to find a just and sustainable political solution, which will address the aspirations of all the peoples of Sri Lanka. What remains of the Tamil polity which has escaped decimation by the LTTE, both in Sri Lanka and in the diaspora, has an important role to play in articulating a political vision that entails a negotiated political settlement within a united Sri Lanka. A political dialogue that is inclusive has to begin in order to mend the severed relations between the Tamil and the other minority communities and the progressive sections of the majority community. Only through the emergence of a principled and democratic politics arising out of this dialogue, can we guarantee a just future with dignity for the minorities in Sri Lanka and a lasting peace for the country as a whole.

14 October 2007, For Immediate Release: Progress with the Political Process and the Nexus of Human Rights, Democratization, Reconstruction and a Permanent Political Solution

SLDF calls upon the Government of Sri Lanka and all political parties to intensify their efforts in accelerating the much delayed APRC process. This acceleration is necessary to sustain the political process and to arrive at credible proposals for a permanent political solution to the ethnic conflict that will offer substantial devolution of power to the regions and power sharing at the centre to address the democratic aspirations of the minority communities in Sri Lanka. In the war ravaged areas of the East, unconditional humanitarian assistance and rehabilitation of the internally displaced must move with the urgency it requires. However, a political process that articulates a permanent political solution, and that enjoys the confidence, participation and dignity of the minority communities must precede the implementation of any interim administration and massive reconstruction of the East.

SLDF reiterates that there is no military solution to the ethnic conflict. The government, all democratic political parties, and civil society organisations should re-avow their commitment to a political process that works to deliver proposals for a sustainable political solution. The APRC process has taken into account the broad sweep of ideas and critiques that have developed over the last two decades in connection with the devolution debate. SLDF is aware of the consensus now emerging on issues such as the province as the unit of devolution; a second chamber to ensure power sharing for minorities at the centre; clarity on the division of powers between the centre and the provinces; and other safeguards to address minority concerns including issues relating to language, employment and land.

The APRC process was set up by the current government in the wake of the failed Norwegian peace process, and still remains the only viable way forward. Of course, its achievements have been met with cynicism by those political actors - both within and outside the government - who wish to derail the process for their own political and opportunistic ends. However, several parties representing the minorities and genuinely concerned about their interests have continued to work consistently with a sense of purpose and urgency.

SLDF is greatly disappointed that President Rajapakse has thus far failed to provide the required leadership for the APRC process. On the contrary, at the instigation of the Sinhala nationalists, such as the JHU and the JVP, he has sought to undermine the very process that he himself had set up through unjustifiable delays, by the submission of derisory proposals and by openly pandering to majoritarian bias on devolution. The President’s actions belie his claim to allow the APRC process the space and independence to make objective findings and conclusions in respect of a political solution to the ethnic conflict.

The UNP as one of the two major parties of the country should have conducted itself responsibly and treated the APRC process with the seriousness it deserved. On the contrary, the UNP by walking out of the deliberations of the APRC process abdicated that responsibility. In addition to its lack of engagement with the APRC process, the UNP has retreated from its commitment to explore a federal political solution.

Throughout the 1990s, the UNP wilfully wrecked any consensus that the then Peoples Alliance government tried to achieve on devolution and constitutional reform. In order to live down its 17-year legacy when it ruled Sri Lanka from 1977 to 1994, with the steady erosion of democratic institutions in the country, the persecution of the minorities, and the systematic militarization of state and society, and to redeem itself as a responsible opposition party committed to the national interest, it has a duty now to positively and actively engage with the APRC process to build a broad consensus acceptable to all communities.

The Unitary State

SLDF outright rejects the President’s bid to retain the unitary structure of the state while devolving power to the provinces. The unitary cry is the cry of Sinhala Buddhist majoritarianism which refuses to acknowledge that Sri Lanka is a multi-ethnic and multi-religious society with a diversity of identities. Constitutional reform cannot be discussed in the abstract. Instead, it has to be seen in the context of a history of systematic discrimination against minorities practised by the Sri Lankan state in its sixty years of post-colonial history.

The so-called unitary constitutions under which the island has been governed have served to articulate, institutionalise and entrench majoritarian Sinhala Buddhist hegemony within all the structures of the Sri Lankan state. The refusal to recognise and acknowledge the diversity of identities and interests of the different communities has only proved to be a block to the development of a common Sri Lankan national identity. If Sri Lanka is to transform itself into a pluralist democracy, the unitary character of the state that has hitherto served to institutionalise and entrench majoritarian hegemony should be abandoned.

It is suggested by government representatives that the political reality and the “balance of forces” leave the President no choice but to retain the unitary character of the state. This is an opportunistic stance which does not take into account the basic requirements of meeting the democratic aspirations of minorities and enabling a sustainable peace in Sri Lanka. The President should recognise that the choice made by successive governments on the basis of the “balance of forces” and pandering to Sinhala Buddhist nationalism has not brought peace to Sri Lanka. On the contrary, the island and its people have been subjected to an unending war.

A key criticism of the Thirteenth Amendment of the Constitution, which provided for devolution of powers to the provinces, was that the unitary state in combination with the Executive Presidency would eventually claw back the powers provided for the devolved units through various bureaucratic and judicial devices. Since then, the devolution debate has moved away from the unitary state and indeed, since 1995 all subsequent attempts at finding a political solution have abandoned the idea of retaining the unitary character of the state. It is in this context that, in the ongoing APRC process, neither the Experts Committee Majority Report of December 2006 nor the Vitarana Proposals of January 2007 proposed the retention of the unitary concept of the state.

The President and the Sinhala nationalist political parties should understand that their bid to maintain majoritarian hegemony by insisting on a unitary state structure does not augur well for the prospects for peace nor for the development of the country as a whole. Given our post-colonial history and the evolution of the devolution debate in Sri Lanka, a unitary state structure is not compatible with substantial devolution power to the regions that could offer them the required autonomy for meaningful legislative, executive and judicial competence.

Interim Solutions

A political process that explores provisions for a permanent political solution ought to have a clearly defined road map with recognizable phases, milestones and objectives. Any suggestion of interim measures will not be acceptable unless the final proposals are in clear view. This indeed has been the flaw of many of the previous failed peace processes, and in particular the Norwegian brokered peace process, which shifted attention away from a permanent political solution towards an interim administration for the LTTE. Interim measures ought to be only temporary phases in this political process, and facilitate implementation of the final settlement.

As such, SLDF strongly objects to any proposals for interim measures that are not part of a clearly identified permanent political solution, for such interim measures could assume de facto status and could result in the APRC process being abandoned or scuttled. Indeed, the concept “interim” presupposes the existence of a “final” to the process. SLDF calls upon the government to complete the APRC process fully, in a principled manner and subsequently introduce a suitable interim arrangement if and only when preparations are being made to bring about constitutional reform and the structures for devolution are to be put in place. In fact, the implementation of any APRC proposals and constitutional reform itself may require a number of phases. The APRC proposals have a number of provisions which are constitutional and can be legislated with a simple majority in Parliament. There are other provisions such as the devolution of certain powers that will require a two thirds majority in Parliament. Finally, there are those provisions, including the change to the “unitary” structure of the state, which will require a referendum. Thus, while there is the need for multiple stages in any political process, a vision for a permanent political solution and state reform is necessary for the piecemeal political process to be credible and sustainable.

Elections and Reconstruction of the East

The other rationale for an interim administration has been the situation in the East, where the government has put forward a call for large scale reconstruction. The Government hopes that by pushing through elections, it can make a show of stability in the East. SLDF has serious concerns that without addressing the ground situation - in terms of human rights abuses and the continuing culture of impunity - any elections in the East are bound to be mired in pre-election violence, electoral fraud, and rigging. Historically, elections in the East have been extremely violent and the current climate of fear in the East is certainly not conducive to the emergence of a democratic leadership within the Tamil community. Rather it could lead to further repression of the Tamil and Muslim communities and create more fissures in Muslim - Tamil relations.

SLDF strongly believes that prior to holding any local government elections in the East, the human rights situation should be addressed along with clear steps towards de-militarization, including reining in abusive non-state actors such as the Karuna Faction. Moreover, Provincial Council elections in the East should not be held prior to the conclusion of the APRC process, which should contain the blueprint of a political solution.

The Government has plans for massive infrastructure development in the East; however humanitarian assistance and rehabilitation of the internally displaced is a priority. Indeed, the fears of Tamils and Muslims about the Sinhalisation of the East, the militarization following active combat, and the continuing human rights abuses are major obstacles for reconstruction. If there is to be any credible process of reconstruction, the dignity of the citizens of the East, particularly those of Muslim and Tamil civilians, along with their participation in the process, is an absolute requirement.

SLDF calls for a political process of consultations and participation of actors in the East in order to ensure that reconstruction serves the interests of the local population rather than being driven by government actors in Colombo. Given the history of the lack of free and fair elections in the East, elected officials alone can not raise the concerns of the local communities. SLDF calls for a formal committee sanctioned by the government, consisting of elected officials from the East, representatives of all political parties functioning in the East and local civil society leaders. Such a committee at a minimum could raise the concerns of the local communities with both the government and the donors supporting reconstruction efforts. Its establishment could become a first step toward addressing the obstacles to reconstruction, including those of excessive militarization, intimidation of the local bureaucracy and business community, and fears of Sinhalisation by the state. Indeed, the lesson to be learnt from the APRC process and other similar initiatives in Sri Lanka is that, with some seriousness on the part of the government, a political process can be successful in highlighting minority concerns. The multi-ethnic East can become the model for inter-ethnic relations provided there is a credible political process that ensures the dignity and participation of all the local communities.

The Intransigence of the LTTE

The LTTE has consistently been an obstacle to a permanent political solution, the democratization of the Tamil polity, and reconstruction of the North and East. In that context, the international community and Tamil diaspora, both wielding leverage over the LTTE, should continue to challenge the LTTE on its continuing political intransigence and repression of Tamils living under its influence. The message that there is no military solution to the conflict is as much applicable to the LTTE as it is to the government. SLDF calls on all actors to publicly challenge the LTTE to cease human rights abuses, abide by international humanitarian law, and show willingness to negotiate a solution on the basis of the proposals expected from the APRC process. Such public engagement with the LTTE is critical to ensure that the people long suffering under the LTTE's repressive apparatus are clear on where various actors stand.

SLDF is concerned that some actors, both local and international, believe that the LTTE can be used as political leverage for a political solution and state reform in Sri Lanka. SLDF reiterates that the LTTE and its leader Prabhakaran has been a consistent obstacle to multiple initiatives to arrive at a political solution in Sri Lanka over the last two decades. Any credible and serious engagement with the LTTE should publicly reiterate the futility of the idea of a separate state and seek the transformation of the LTTE, rather than attempt to use it as political leverage. Furthermore, unless the LTTE is willing to come into the democratic mainstream by eschewing violence with a view towards disarmament, and is willing to agree to a constitutional solution within a united Sri Lanka, the LTTE’s political marginalization should continue and an end to its suicidal politics should be welcomed.

The EU and International Engagement

While SLDF has appreciated the support of the international actors in addressing peace and human rights in Sri Lanka, SLDF has also not shied away from criticising the flaws of international engagement in the past. In the current context, SLDF welcomes and supports international engagement on human rights and humanitarian concerns as much needed engagement, particularly when the country is on a downward slide with the escalation of the war and the aggressive promotion of a military solution. However, recognizing the only way forward is through a political process, SLDF calls on the international community to augment its political efforts by supporting and pushing the political processes, including the APRC process to find a political solution and any credible process towards reconstruction of the East.

The European Union, as one of the leading multi-lateral institutions that has an array of mechanisms and principles for engagement, should expand its current involvement - primarily based on human rights and humanitarian concerns - to include that of political efforts to seek a political solution. Indeed, in Sri Lanka, the nexus of human rights, democratization, reconstruction and a permanent political solution calls for such an expansion. However, such a transformation would require a conceptual break with the failed Norwegian peace process. In addition to the inherent limitations and flaws of the Norwegian peace process, the ground situation and the political climate have changed drastically from the time the peace initiatives were launched over five years ago by Norway. The current political landscape calls for a sustained focus on the need for a political solution and state reform with a view towards addressing the grievances and democratic aspirations of the minority communities and the marginalizing of extremist political actors who continue to be an obstacle to peace.

A principled political engagement by the EU could not only strengthen moderate forces seeking a political solution and state reform in Sri Lanka, but it could also help build a principled international consensus with the other influential powers engaged in Sri Lanka, such as India and the US. Political exit by the international community would be irresponsible given the changes to the political landscape of Sri Lanka as a result of the internationalisation of the peace process with the peace efforts launched in 2002. It is through sustained political engagement and support for a political process that the legitimate aspirations of all the peoples of Sri Lanka for a just peace with democracy can be addressed.

8 September 2007, For Immediate Release: SLDF Calls for Urgent Progress with the APRC Process

The Sri Lanka Democracy Forum insists that the only way out of the destruction and tragedy faced by the people of Sri Lanka over the last two-and-a-half decades is through a political process that addresses the genuine grievances and democratic aspirations of all minority communities. Such a political process needs to discard the legacy of the unitary state and move towards constitutional reform through devolution of power to the regions and power-sharing at the centre, with greater representation for minorities in a bicameral legislature.

Committed to the belief that there is no military solution to the conflict in Sri Lanka, SLDF recognizes that the ongoing APRC process remains the only political initiative that is making an attempt towards addressing issues at the heart of the longstanding conflict. However, recent statements by the leadership of the two major political parties, the SLFP and UNP, seriously undermine the APRC process, just as every past attempt in Sri Lanka to bring about state reform has been undermined by the partisan and electoral politics of these parties. The APRC process should remain above such electoral politics and be seen as a way forward out of a political crisis that is affecting all the people of Sri Lanka.

Thanks to some of the smaller political parties in Parliament and the perseverance of the APRC Chairman Prof. Tissa Vitarana, the APRC process has continued despite the attempts of the Sinhala chauvinists of the JHU and JVP to subvert the entire exercise. The proposals coming from the APRC, as articulated by Prof. Vitarana, have been seen as a democratic and pragmatic response to the predicament of the minority communities - particularly the Tamil community that has been devastated by war - yet looking for a solution within a united Sri Lanka. Hence the engagement of various political parties with these proposals becomes an acid test of their commitment to a political solution of the conflict.

LTTE, JHU and JVP

The politics of the LTTE on the one hand and the JVP/JHU on the other represent two sides of the same coin and they feed on each other. The separatist nationalism and suicidal politics of the LTTE have entailed immense suffering not only for the entire country, but especially for the Tamil community of which it arbitrarily claims to be the “sole representative”. On the other side, the JHU, JVP and other Sinhala nationalist elements mirror the extremism of Tamil nationalism as represented by the LTTE. Denying that there is an ethnic conflict in Sri Lanka and seeing the problem as one of mere “terrorism”, these forces stridently advocate war as the only option. Although seemingly on opposite sides, the LTTE and JHU/JVP - representing only a minority of both communities - present an unholy alliance that jointly supports the continuation of military operations that are devastating for all the people of Sri Lanka and stand opposed to an indigenous and inclusive process to find a political solution.

The President and the SLFP

The President and the SLFP initially played a positive role in setting up the APRC, which initiated a discussion on the shape that a political solution might take, and produced credible proposals that won broad-based support. Yet just when a national consensus appeared to be emerging, the SLFP sabotaged the entire process by putting forward proposals that went against the grain of what the moderate majority – Sinhalese, Tamils and Muslims – had suggested. Later, the entire process was put on hold, strengthening suspicions that it had been initiated merely in order to deceive the people of Sri Lanka and the international community. In a recent interview with IANS on 2 September 2007, President Rajapakse justified his party’s conduct as follows:

“I cannot change history or my own political circumstances overnight... You must remember my political legacy and constraints. During my election I received few Tamil votes because of the LTTE-enforced boycott. I was elected primarily by a Sinhala constituency on an election manifesto which made it clear that an ultimate solution to the ethnic crisis could be evolved only on the basis of a unitary state. In any peace settlement I have to carry the Sinhala voters with me. I cannot unilaterally impose a settlement – it has to be the outcome of a political process – an outcome that must be long-lasting and acceptable to the people.”

This appalling statement goes against the grain of winning the consent and support of the Tamils and can be criticised on many counts. First, the President should recognize that he is the President of the entire country and not of any single ethnic community. Rather than seek to satisfy the electorate that voted for him, he should endeavour to promote the interests and welfare of all Sri Lankans. Secondly, there is no credible evidence that the majority of Sinhala voters insist on a unitary state. The unitary concept in the SLFP proposals was adopted at the behest of the JVP and JHU; indeed, it was not even recognised by the Sinhala nationalists in his own party as evidenced by the fact that the original SLFP proposals, retrogressive though they were, made no mention of a ‘unitary’ state. Thirdly, in commencing the APRC process, he publicly and repeatedly declared that he was envisaging a solution based on “maximum devolution of powers”, which is irreconcilable with the concept of the unitary state. Fourth, he has repeatedly declared that he was willing to abide by the consensus within the APRC even if it was different from his own position. In this context, President Rajapakse needs to show the necessary leadership to ensure that the APRC process goes forward and delivers a credible set of proposals. It is imperative that he does not use delaying tactics – as he did with the retrogressive SLFP proposals - to further thwart the only initiative making any progress towards a political solution. The President should have the vision to change his position on a unitary state and become part of the political mainstream, finding a solution within a united Sri Lanka that is not limited by labels adopted in his election manifesto. Insistence on a unitary constitution will cost him not only the electoral support of the minority communities and Sinhalese moderates, but also the broader support of the people of Sri Lanka and that of the international community.

The UNP

In this scenario the UNP, the main opposition party, could have played a positive role, boosting its own political credibility, by supporting the proposals put forward by the Chairman of the APRC and advancing the debate on the political solution. Instead, it has retreated into partisan politics, withdrawing from the APRC and claiming that the APRC process is dead. The UNP bears much of the blame for undermining the constitutional reform process in the late nineties, which culminated in the draft constitution tabled in August 2000. Indeed, the legacy of their seventeen-year rule was the dramatic militarization of society and politics, of the ethnic conflict, and the weakening of democratic institutions and of the democratic process. Given this legacy, it is imperative that the UNP engage with the APRC process in a pro-active, positive and constructive manner.

Support for the Political Process

Just as the LTTE's fascist politics has taken the Tamil people on a suicidal path, Sinhala ‘Buddhist’ exclusivist thinking has taken the whole country down the path of destruction for the last 50 years. This has to be halted. The Sinhala nationalists of the JHU and JVP are now attempting to push the entire country towards ethnic polarization, violence and instability with their majoritarian agenda. The moderate forces in the country need to avert such a disaster by ensuring that a reasonable political solution that guarantees the legitimate rights of all the communities is urgently delivered through the APRC process.

SLDF commends the courage and perseverance of APRC Chairman Prof. Tissa Vitarana in his attempts to find political consensus among the political parties while addressing the substantive issues necessary to put forward a credible proposal that would be acceptable to minority communities. Prof. Vitarana has come under a barrage of attacks from the JHU and JVP in their attempt to scuttle the APRC process and undermine his efforts. However, there has also been a stream of sensible and rational support by sections of the media and a less vocal majority of moderates in the country who are committed to democracy and human rights. SLDF calls on civil society, particularly academics, university students and staff, religious clergy and community-based organizations, to recognize the urgency of the situation and express their support for the APRC process to find a democratic political solution within a united Sri Lanka with maximum devolution to the regions and power sharing at the centre.

25 July 2007, For Immediate Release: SLDF Hosts Discussion on International Engagement and Aid

The Sri Lanka Democracy Forum (SLDF) hosted a discussion titled ‘Between Peace and Conflict: International Engagement and Aid’ at the School of Oriental and African Studies, London University on 22 July 2007. The discussion was chaired by Dr. Jonathan Goodhand (School of Oriental and African Studies, London University), with speakers Sunil Bastian (International Center for Ethnic Studies) and Ahilan Kadirgamar (SLDF). The discussion, which is a first in a series of discussions to be hosted by SLDF, addressed the political economy of aid, donor engagement in the context of broader international engagement and the prospects of peace and development in Sri Lanka.

Dr. Goodhand initiated the discussion remarking on the inter-relationship between the conflict and external actors. He stated that the “tectonic plates that underlie the political economy of Sri Lanka are influenced in one way or the other by donor engagement” and emphasized the importance of analyzing and understanding donor engagement.

Ahilan Kadirgamar articulated the position of SLDF calling for greater political engagement by the international community to overcome the limitations of engagement as donors, and in particular the need to “support efforts towards a political solution in Sri Lanka.” He pointed to the multilateral engagement at the UN Human Rights Council on human rights issues and the engagement that led to the Indo-Lanka Accord and 13th Amendment to the Sri Lankan constitution as examples of such political engagement.

Sunil Bastian, the keynote speaker of the event, gave a historical sweep of the political economy of aid in Sri Lanka, and its impact on state institutions, poverty, economic growth as well as donor engagement. He articulated the internationalized character of Sri Lanka’s political economy and the need for deeper analysis that can better understand the impact of international flows of capital and the changes in development practice and discourse that influence donor engagement.

The talk was followed by a lengthy discussion with participants raising questions about the war, movement towards a political solution, neo-liberal economic reforms, concerns of rural communities, patronage politics and reconstruction of the North and East. The discussion addressed the specific situation in Eastern Sri Lanka today, in the context of the call for donor support for infrastructure development. The need for ‘conflict sensitivity’ and the nature of political conditions that can ensure equitable distribution of aid and promote inter-ethnic relations were highlighted in the discussion.

SLDF believes the ongoing engagement on issues related to economic development, aid and the need for a sustainable political solution are important in making sure local and international actors are accountable. SLDF encourages other forums both in Sri Lanka and in the Diaspora to engage on questions relating to the political economy of conflict, aid and development.

11 July 2007, For Immediate Release: SLDF Supports the Work of the COI and IIGEP and Calls for Greater National and International Support to Address the Culture of Impunity

The Sri Lanka Democracy Forum (SLDF) calls for greater support for the Commission of Inquiry into Grave Human Rights violations (COI) and the International Independent Group of Eminent Persons (IIGEP). There is a need for adequate resources and support to strengthen the mandate of the COI. The IIGEP requires political support from the international community to ensure its concerns are heard by the Government of Sri Lanka (GOSL).

SLDF has constantly reiterated that only a UN Human Rights Field Operation with country-wide monitoring can effectively address the increasing number of human rights abuses in Sri Lanka, deter future abuses, provide protection for civilians and bring about an end to impunity. The COI and IIGEP are neither a substitute for international human rights monitoring, nor an alternative to the criminal justice system. However, SLDF believes that the COI and the IIGEP have the potential to make a vital contribution towards addressing the culture of impunity. At a minimum, the COI could provide recommendations for the reform of the criminal justice system, highlight lapses in investigations, and provide evidence to revitalize efforts to bring justice to victims and families of a few of the worst human rights abuses committed during the last two years.

SLDF believes that redressing the current abysmal human rights situation cannot be achieved through a single course of action, body, or commission. It requires committed action on many fronts: changes to current criminal law (including the incorporation of command responsibility and the criminalisation of disappearances), setting up of a credible witness and victim protection scheme (including the necessary legislative changes), ensuring the independence of human rights and other bodies through constitutional guarantees such as the Constitutional Council, and introducing pervasive human rights monitoring, under the auspices of the UN High Commissioner for Human Rights, which would have sufficient credibility. These measures are necessary to start the process of protection and redress. At the current moment, the COI and IIGEP are one of the few mechanisms functioning outside of the country’s problem ridden criminal justice system. It can offer some hope of identifying those responsible for at least some of the most serious abuses of human rights. SLDF therefore believes that, in spite of its limitations, the COI/IIGEP process needs to continue, and that the international community and the GOSL should support it by allocating sufficient resources to its efforts, and by acting on its recommendations.
The international community, having supported the IIGEP mechanism and having allocated considerable resources and expertise, should now give the IIGEP its due potency by taking serious note of its concerns, and applying sufficient pressure on the GOSL to help the COI take remedial actions based on the IIGEP’s recommendations. SLDF calls upon the international community, particularly the countries that have contributed members to the IIGEP, to publicly endorse its observations, as this will contribute towards public confidence in the COI/IIGEP mechanism.

SLDF believes that making a contribution towards improving respect for human rights in Sri Lanka is the ultimate benchmark of the COI and IIGEP mechanism which, given Sri Lanka’s history of failed investigations into human rights abuses, was initiated amidst significant scepticism. Similar commissions set up in the past led to no prosecutions, and indeed, the reports of some commissions were never made public. In Sri Lanka’s long history of impunity, which has left tens of thousands of people killed, only those responsible for two incidents of extrajudicial killings (the rape and murder of Tamil schoolgirl Krishanthy Kumaraswamy and her family in Jaffna, and the forced disappearance of thirty two schoolboys in the village of Embilipitiya) have been identified and prosecuted. Even in these cases, only junior officers and low-level members of the security forces were prosecuted, with command responsibility being neither investigated nor established. Even in highly internationalised cases, such as the killing of the 17 ACF aid workers in Muttur, progress is unacceptably slow. These are major failures of the criminal justice system. There are not only shortcomings in criminal law, but the processes of investigation and court proceedings have also fallen short of basic standards.

The IIGEP’s primary responsibility is to ensure that the COI’s workings meet international standards. While we recognise the tension between the international standards expected by the IIGEP, Sri Lankan law and the realities of the judicial and political context within which the COI has to carry out its mandate, we believe these tensions should produce constructive engagement, rather than be seen in adversarial light. SLDF believes that the productive tensions between the IIGEP and the COI has the potential to form the template for future mechanisms, such as international human rights monitoring, where building up local capacity is to be supported by international oversight and involvement, to achieve human rights protection.

We make the following specific observations on the IIGEP statements and the corresponding responses from the Chairman of the COI and the Attorney General.

International Human Rights Monitoring

SLDF welcomes the clarification provided by the IIGEP that it is not a substitute for robust local and international human rights monitoring operations. We regret that the Attorney General, speaking on behalf of the Government, has chosen to interpret this as a case of the IIGEP stepping out of its mandate. The IIGEP’s clarification that it was not a mechanism of international human rights monitoring was necessitated by the misleading statements of certain government officials. Despite the appointment of the COI and IIGEP, grave human rights abuses are continuing with impunity. It is clear therefore that the COI/IIGEP mechanism is not an effective deterrent against such abuses. While SLDF believes that the COI and the IIGEP can make an important contribution to addressing the culture of impunity, only an extensive international human rights field operation on the ground can deter ongoing human rights abuses by all actors including the state, state linked forces and the LTTE, and offer protection to witnesses.

The AG’s Department and Conflict of Interest

SLDF believes that in the interest of the COI winning public confidence, which is vital for its success, it is important that counsel from the AG’s department should not be used by the COI during investigations. We call on the GOSL to place sufficient funds at the disposal of the COI to employ private counsel. The Attorney General’s department, as admitted by the Chairman of the COI, provides legal advice to all government departments including the police and the CID. There is a clear conflict of interest when the same department is also providing legal advice to bodies investigating possible crimes committed by the police and CID. The confidence that the Chairman of the COI has in counsel from the Attorney General’s department, as expressed in his statement, is not necessarily shared by the public, particularly by witnesses. Public confidence is vital for the success of the COI if the history of failed investigations is to be transformed. Given that the COI with the IIGEP was set up due to the lack of confidence in the criminal justice system, the COI should take all precautions to avoid any conflict of interest.

Witness Protection

SLDF welcomes the acknowledgement of the chairman of the COI that current Sri Lankan law does not have sufficient provision for setting up a witness protection mechanism that meets international standards. SLDF calls for expeditious development and implementation of legislation ensuring witness protection. We appreciate the measures taken by the commission to develop their own witness protection mechanism. However, we remain concerned that these measures - in the absence of a strong international mechanism on the ground - may not provide sufficient confidence for witnesses who hold vital information to come forward. SLDF believes that any witness protection scheme established by the COI should be in a position to continue to offer protection even after the COI has concluded its functions.

Timeliness and Speed

Given that the COI and the IIGEP are supposed to act as a limited deterrence against ongoing human rights abuses, speed and timeliness in concluding the investigations are important. The cases before the COI are some of the worst incidents of human rights abuses. Identifying and prosecuting those responsible for them are expected to prevent repetition of such hideous crimes. Such an outcome is being held back by the current pace of the Commission. While we recognise that it was important to make sure that the necessary structures and resources should have been put in place before the Commission started functioning, the Commission now needs to show substantive progress on at least some of the cases before it.

The Presence of IIGEP Members in Sri Lanka

SLDF supports the call made by the Chairman of the COI and the Attorney General that at least one member of the IIGEP should be present in Sri Lanka to observe the proceedings of the Commission at any given time. This would not only give a greater legitimacy to the Commission, and witnesses a greater sense of security, but also give greater weight to observations made by the IIGEP.

Funds

SLDF welcomes assurances given to the Chairman of the COI on the issue of the availability of funds by the Presidential Secretariat. SLDF calls upon the government to show its commitment to the COI by making available the necessary funds immediately. We stress that ready availability of funds is a necessary first step for other requirements, such as setting up witness protection schemes, hiring private counsel to assist the commission, and timeliness of the functioning of the COI. We urge the government to seek international assistance if required. SLDF believes that the COI should have complete control over funds with regard to allocation of funds and expenditures, free of government interference though finally accountable to the government.

Mandate

SLDF believes that a broader and less restrictive mandate for the COI and the IIGEP would improve the effectiveness of both the COI and the IIGEP. The manner in which the COI and the IIGEP have functioned in the last few months indicates the need for changes to the mandate itself, and the interpretation of the mandate. We believe that a more inclusive role for the IIGEP would strengthen the functioning of the COI. We believe that individual members of the COI should have greater latitude to express their own views in public. We believe the current structure, that allows members of the IIGEP to write independent reports but prevents members of the COI from doing so, places an unnecessary restriction on the members of the COI. Individual members of the COI, who have the respect of not only the public but also the human rights community, should be able to make public comments regarding their work and their general concerns about the COI and its functions. Such public engagement should not be limited to the GOSL or the Chairman of the COI.

Conclusion

SLDF believes that the ultimate benchmark for the success of the COI would be the contribution it makes towards improving the human rights situation in Sri Lanka. This will depend on the recommendations that emerge from the COI and IIGEP, which could lead to the reform of the criminal justice system and the State as a whole. It will also depend on prosecutions emerging out of the work of the COI, which would make a dent in the culture of impunity that has taken hold in the country. Finally, one of the advantages of this particular commission is that it has been set up to address the abuses of the government in power as well as those of other actors, such as the LTTE. Hence, there should be ample room for debate to challenge the government in the public domain. Public engagement on the workings of the COI and its relationship to the GOSL should be encouraged, not restricted, as there are serious concerns about state complicity and direct involvement in human rights abuses.

24 June 2007, For Immediate Release: SLDF Calls on Sri Lanka Donor Co-Chairs and India to Pressure Sri Lanka on a Just Political Solution and Human Rights Protection

The Sri Lanka Democracy Forum (SLDF) calls on the Sri Lanka Donor Co-Chairs and India to intensify their political engagement with Sri Lanka in order to urgently address human rights protection and a political solution that meets the aspirations of both Tamil and Muslim communities. As the Co-Chairs meet in Oslo on June 25th and 26th, Sri Lanka is on the brink of yet another cycle of protracted war and a political crisis characterized by authoritarianism, grave human rights abuses and serious setbacks to arriving at a political solution.

SLDF calls on the Co-Chairs to mobilize the international community to support a strong resolution at the UN Human Rights Council leading to a UN human rights field operation that can ensure human rights protection.

SLDF suggests that the Co-Chairs and the international community transform their role to one of substantial political engagement through the establishment of a political ‘Contact Group’ on Sri Lanka, consisting of countries that have had long-term engagement with Sri Lanka. Political engagement at this level of intensity will positively contribute to a political solution.

Co-Chairs and Human Rights

The Co-Chairs should reiterate the structural and political nexus between human rights and a sustainable political solution. The Co-Chairs have consistently raised concerns about human rights abuses, such as child recruitment and political killings, but have not recommended and pushed for effective mechanisms to address the escalating human rights crisis. In November 2006, the Co-Chairs welcomed the establishment of the Presidential Commission of Inquiry and nominated people to the International Independent Group of Eminent Persons (IIGEP) to address the culture of impunity. The recent IIGEP statement clearly indicates the limitations of these mechanisms:

We regret that public statements from State officials are creating the misleading impression that the Commission and IIGEP have wide mandates and powers and the resources to address ongoing alleged human rights violations in Sri Lanka. This is not the case. In the current context, in particular, the apparent renewed systematic practice of enforced disappearance and the killings of Red Cross workers, it is critical that the Commission and IIGEP not be portrayed as a substitute for robust, effective measures including national and international human rights monitoring.

Given the inherent limitations of COI and IIGEP, more robust instruments are needed. Two such mechanisms - a human rights agreement and an international human rights monitoring presence - have been on the agenda since the beginning of the peace process. However, the two-party peace talks failed to achieve serious commitments or effective mechanisms on human rights, and this has led to an increasing consensus on the urgent need for a UN human rights field operation, which was campaigned for at the UN Human Rights Council in September 2006. SLDF therefore calls upon the Co-Chairs to demonstrate their commitment to checking the human rights and humanitarian crisis by endorsing a strong resolution on Sri Lanka at the UN Human Rights Council, and publicly stating their support for the establishment of a UN human rights field operation.

The alliance between the Karuna Faction and the GOSL has only compounded the situation by bringing onto the stage yet another major perpetrator of human rights abuses. Child recruitment, abductions and extortion have been perpetrated with impunity by the Karuna Faction, which shows little evidence of transformation in the direction of democratic politics. That the Karuna Faction is permitted to perpetrate such grave abuses with impunity while operating in league with government forces should be a matter of serious concern. SLDF calls on the Co-Chairs to make it clear that the GOSL will be held accountable for all human rights abuses by the Karuna Faction.

The LTTE continues to systematically practice gross human rights abuses, in particular, the continued recruitment and use of child soldiers. The UN Secretary General has recommended targeted measures against leaders of armed groups that are repeat offenders of child recruitment, and given that children are now being actively used in war, targeted measures should be brought to bear on the LTTE.

The Ceasefire Agreement, Military De-escalation and Humanitarian Concerns

The much violated Ceasefire Agreement (CFA) has for all purposes collapsed. The CFA’s collapse was largely brought about by inherent flaws, which have allowed the LTTE to act with total impunity towards Tamil civilians, constricting Tamil democratic space, indulging in forcible recruitment of child soldiers in Tamil areas and carrying out political killings throughout the country. It is no exaggeration to state that LTTE actions mainly precipitated the collapse of the ceasefire.

However, the government clearly chose a military option and immediately responded with a long term offensive. The escalation of the war during the last year has led to the complete collapse of the CFA, and an alarming rise in human rights abuses, political killings, and intensification of the already dire humanitarian crisis, where civilians are the victims. If the human rights abuses are to be drastically reduced and there is to be a respite from the humanitarian crisis, there is a need for military de-escalation. The Co-Chairs should call on both parties to immediately declare unilateral ceasefires. In the absence of such declarations, the Co-Chairs should explore other means of preventing military escalation, including measures such as stopping lethal military aid, arms embargoes, and other financial restrictions related to the procurement of arms.

Military de-escalation also requires a stop to the creeping militarization of civilian areas. For example, Sampur and Muttur have become militarily contested areas at the expense of civilians. On May 30th, the GOSL announced that Sampur and Muttur-East would become a High Security Zone (HSZ), meaning that IDPs are now unable to return to their villages. In addition to the fears of displaced people that they will be dispossessed of their land, the formation of a HSZ exacerbates fears among the local population of State-sponsored Sinhalese colonization, with the aim of altering the demographics of the area. Economic development should not precede the resolution of humanitarian concerns, particularly the rights of return of displaced persons.

Support for a Political Solution and the APRC Process

The Co-Chairs in their May 2006 statement called for “dramatic political changes to bring about a new system of governance” and in their November 2006 statement they claimed:

The agreement between the Sri Lanka Freedom Party and the opposition United National Party should lead to a credible power-sharing proposal that can help form the basis for a viable negotiated settlement between the Parties. At the same time, the specific arrangements for the north and east should not be disturbed as they are fundamental to continuing the dialogue to achieve an agreement. The legitimate interests and aspirations of all communities, including the Tamil, Muslim and Sinhala communities must be accommodated as part of a political settlement.

The President and the SLFP have abrogated the agreement with the UNP, thus seriously undermining the possibility of constitutional reform, which requires a two-thirds majority in Parliament. Furthermore, through submission of a retrogressive set of proposals, the President and his supporters in the SLFP have seriously impaired the APRC process which the current government itself set up in June 2006.

In Oslo in December 2002, the GOSL and the LTTE agreed to explore a political solution with a federal structure within a united Sri Lanka. The President and the ruling SLFP should retract their retrogressive proposals and support initiatives within the APRC process that are in the spirit of the Oslo Declaration. The President and other government officials should not waver from their commitment to a political process and should outright reject a military solution to the conflict. For its part, the LTTE should recognize its commitments under the Oslo Declaration. In his last annual Heroes Day speech, the LTTE leader renewed his call for a separate state and continuing the war. The Co-Chairs should publicly demand the LTTE leader retract his call to war. Furthermore, it should made clear to the LTTE that it is only through embracing democratic principles and agreeing to a constitutional solution within a united Sri Lanka that it can have any political future.

The Majority Report of the Experts Committee to the APRC of December 2006 and the Vitarana Report of January 2007 are not only in the spirit of the Oslo Declaration, but more importantly, they are proposals that have progressed from the 1987 Indo-Lanka Accord in attempting to address Tamil and Muslim aspirations. Moreover, the APRC process is inclusive and rises above party politics. As such, SLDF calls on the Co-Chairs and India to support the APRC process through political engagement with all actors in Sri Lanka.

Transformation of Donor Co-Chairs’ Role and the Formation of a Contact Group

The Sri Lanka Donor Co-Chairs and the international community cannot ensure progress towards a sustainable peace by relying on donor aid alone, which is determined by various imperatives. Intensified political engagement that exerts robust pressure on relevant actors will more likely produce results. The Donor Co-Chairs should consider taking the lead in the formation of a ‘Contact Group’, which would consist of the Co-Chairs and countries that have had long-term engagement with Sri Lanka, such as India and the UK. This ‘Contact Group’ should set up processes of political engagement with Sri Lanka with the explicit aim of ensuring a political solution to the conflict. Unwillingness on the part of the GOSL to move towards a political solution should lead to further isolation and censure at multilateral forums.

SLDF welcomes the positive, public engagement by British Minister Kim Howells and British High Commissioner Dominic Chilcott for articulating the international community’s interest in the need for a political solution and protection of human rights. These interventions augur well for a more constructive political engagement with the GOSL and the LTTE by the international community.

The international community can continue to play a constructive role in the Sri Lankan process by devoting its political engagement to twin objectives: supporting Sri Lanka’s quest for a democratic political solution that involves state reform and by consistently exerting political pressure on all relevant actors to adhere to international humanitarian law and human rights.

Recommendations:

SLDF calls upon the Sri Lanka Donor Co-Chairs and India to

Endorse a strong resolution on Sri Lanka at the UN Human Rights Council,

Publicly state their support for the establishment of a UN human rights field operation,

Hold the GOSL accountable for the human rights abuses of the Karuna Faction,

Call on both parties to move on military escalation and immediately declare unilateral ceasefires,

Pressure to address humanitarian concerns and the rights of displaced prior to economic development,

Provide political support for the APRC Process,

Intensify political engagement, possibly through the formation of a Contact Group.

8 June 2007, For Immediate Release: SLDF Condemns Mass Expulsion of Tamils from Colombo

Sri Lanka Democracy Forum (SLDF) unreservedly condemns the indiscriminate rounding up and forcible mass expulsion of members of the Tamil community from Colombo and their transport against their consent to the north and east of the country. SLDF calls for the immediate return of the evicted Tamil citizens to Colombo. This internal deportation represents a collective punishment upon the Tamil community and manifests the insensitive and inconsiderate manner in which the present regime has been conducting itself under the dubious claim of national security.

As from the early morning of Thursday 7 June 2007, the Sri Lankan police and army personnel have been engaged in indiscriminately and forcibly rounding Tamils residing in some parts of Colombo, herding them into buses and against their will transporting them reportedly to Vavuniya and other unknown destinations in the North and East of the country. Most of the Tamils affected have been residing in lodges and guest houses located in various parts of Colombo, and they were given just one or two hours to pack their belongings before they were forcibly rounded up.

This unprecedented operation followed the statement reportedly made earlier by the country’s Inspector General of Police (IGP) to the effect that members of the Tamil community who had no valid reason should not remain in Colombo. The police also had directed owners of lodges and guesthouses not to accommodate Tamil people from the North and East.

Unlike those Tamils who are able to afford setting up permanent homes in flats or houses, most of the Tamils who live in the lodges and guesthouses in Colombo are relatively poor and do so having fled from the North and East in order to escape from the intolerable conditions there. Many of them also have found living under the tyrannical conditions imposed by the LTTE a nightmare.

The government has sought to justify its military operations in the North and East for the last several months resulting in the displacement of over 300,000 people on the claim that it was freeing the Tamil people from the tyrannical grip of the Tamil Tigers. But now the government is manifesting its hypocrisy by seeking to drive the Tamils living in Colombo back into the arms of the Tigers.

While the LTTE continues to cynically use the presence of the Tamil community in escalating tensions and violence in Colombo, the government has been abominable in its response. This action by the police can only been seen as a consequence of the lack of political maturity and leadership of the Government, which has not addressed the grievances and aspirations of the Tamils through a credible political solution. The expulsion of Tamil civilians, from elderly men and women to children, are an extension of the military and security measures emanating from the military solution approach, which continues to alienate Tamils from the Sri Lankan State.

SLDF denounces the mass expulsion of Tamils from Colombo as totally discriminatory, unjustified and unconstitutional. All Sri Lankans, including the Tamil people, have a fundamental constitutional right to “freedom of movement and of choosing his residence within Sri Lanka”. [Article 14 (1) (h) of the Constitution]

SLDF welcomes the Supreme Court interim order halting such evictions. SLDF calls upon the Government, and President Mahinda Rajapakse in particular, to immediately stop this unconstitutional and unjustified assault upon the Tamil people and facilitate the return of all those who have become victims of enforced removal from their places of residence in Colombo.

7 June 2007, For Immediate Release: SLDF Calls on UN Human Rights Council to Condemn the Deteriorating Situation in Sri Lanka with a Strong Resolution

The Sri Lanka Democracy Forum (SLDF) calls upon the UN Human Rights Council (UNHRC) to indict the rapidly deteriorating human rights, humanitarian, and political crisis in Sri Lanka with a strong resolution. The EU statement discussed by the member states of the UNHRC nine months ago is no longer an effective warning against, or deterrent to, the escalating human rights abuses by the Government of Sri Lanka (GOSL), the LTTE and other armed actors. The international community and the UNHRC must now firmly resolve to call on the perpetrators of human rights abuses in Sri Lanka to halt their atrocities or suffer tangible measures of censure and isolation.

SLDF has raised its fears over the emerging authoritarianism over the major institutions of the State, and has consistently raised its concerns over the LTTE’s totalitarian control and the imposition of a culture of terror. The GOSL and the LTTE have both chosen a military approach, routinely flouting international human rights and humanitarian law, to the detriment of civilian concerns. That neither side is committed to peace is clear from the derisory proposals for a political solution put forward by the President and his ruling party and the renewed call for a separate state and continuing war by the LTTE leader Prabhakaran, in his last annual speech. In the meantime, Sri Lanka slides further into anarchy, with civilians in the North and East suffering from a humanitarian crisis, and the entire country subject to enforced disappearances, arbitrary detentions, and extrajudicial killings being perpetrated with impunity.

The Need for a UN Field Operation

SLDF believes that a UN Field Operation is crucial at this juncture and would, through a mandate of protection, monitoring, investigation and reporting, help protect human rights and arrest the culture of impunity. Such an operation will support and empower local structures to ensure independence of the judiciary and freedom of the press, including stimulation of discussion on human rights issues, enhance the space for humanitarian work and check the militarization of policing. At a time, when all armed actors, the security forces, the LTTE and other armed groups have been capitalizing on deniability and finger pointing to avoid responsibility for human rights abuses, it is only an international mechanism that will have the necessary independence and impartiality to challenge perpetrators. SLDF reiterates the need for a UN Field Operation with full access to the entire country including territory controlled by the LTTE, to deter future human rights abuses.

Totalitarian Control in LTTE Territory

The territory under LTTE’s writ, over the last two decades, has not been subjected to any objective scrutiny in relation to human rights abuses and continues to be a black hole vis-à-vis the rule of law. Consistent and credible accounts of torture, abductions, child conscription, detention in subhuman conditions, forced induction of civilians into the LTTE ranks, are told by the many escapees from those territories. They are the only proof of the sheer magnitude of repression in the areas controlled by the LTTE. Outside bodies, including the SLMM and even humanitarian organizations, have been and continue to be denied access to large parts of these territories. It is imperative that any UN field operation has full access to LTTE controlled areas with a clear mandate for civilian protection. Recent comments by the LTTE human rights spokesperson urging the EU to pressure the GOSL to allow international human rights monitors will not have credibility - the LTTE scuttled attempts towards international human rights monitoring in the peace talks of 2003 - unless the LTTE leader Prabhakaran publicly calls for international human rights monitoring and agrees to full access to LTTE controlled areas.

Independence of the Judiciary, Impunity and Failed Investigations

The Constitutional Council, the body responsible for making appointments to independent commissions and bodies, has not functioned since March 2005 due to the President’s decision to not appoint new members. In that time the President has made direct appointments to the Human Rights Commission, the Judicial Service Commission, the Supreme Court, the Court of Appeal and most recently the Attorney-General. As a result these bodies cannot be viewed as independent of the Executive.

SLDF is not aware of any case involving serious human rights violations leading to prosecutions since the recent upsurge in violence. Even in cases where witnesses were willing to come forward or where strong evidence of state complicity is available such as the extrajudicial execution of the five youth in Trincomalee in January 2006, Allaipiddy massacre of May 2006, the massacre of 17 ACF aid workers in August 2006, the disappearance of Fr. Jim Brown in August 2006 and the massacre of Muslims in Pottuvil in September 2006, investigations have failed to identify the perpetrators and cases have not been submitted to the Attorney-General for prosecution.

SLDF welcomed the announcement of a Commission of Inquiry (COI) with an Independent International Group of Eminent Persons (IIGEP) with a limited mandate to address fifteen cases of serious human rights abuses, as a positive step towards addressing the climate of impunity in Sri Lanka. In light of continued political interference associated with the criminal justice system, SLDF is concerned that recommendations made by the COI following their work may fail to lead to prosecutions and institutional reform.

Freedom of Expression and Space to Raise Human Rights Concerns

Press freedom in Sri Lanka continues to come under threat by the extrajudicial killings of journalists, shutting down of newspapers, intimidation of journalists and the absence of newsprint in war affected areas. Intimidation and threats against journalists and human rights activists reporting human rights abuses by all actors - the GOSL, LTTE and other armed groups - means that a critical source of independent monitoring and reporting of human rights abuses is undermined. International human rights monitoring and reporting is now a much needed mechanism to broaden awareness of the human rights crisis.

Space for Humanitarian Work

The threats faced by humanitarian workers have been real and serious. Even as reports emerge of interference with the case involving the massacre of 17 ACF aid workers, on 1 June 2007, Sinnarasa Shanmugalingam (32) and Karthekesu Chandramohan (26) who had worked for the Batticaloa branch of the Sri Lanka Red Cross for several years were abducted in Colombo, and were later found brutally murdered. These murders come in the wake of increasing concerns raised about the safety of humanitarian workers and the dire need for unimpeded humanitarian work given the escalation of the war.

Extension of Police Powers to the Military and Intensified Policing

With further deterioration in the security situation, the government recently announced that powers and functions normally exercised by the police were also to be vested with military personnel. This is a dangerous move, at a time when there are already reports of widespread violations of human rights by both police and military personnel. SLDF fears that vesting normal police powers of arrest and detention with the military and permitting detention in army camps will produce the ideal setting for the practice of torture, unacknowledged and arbitrary detentions and enforced disappearances.

SLDF is deeply concerned about reports of police harassment and evictions of Tamil civilians staying in Colombo. Tamil citizens have the right to stay in Colombo for a variety of reasons, from finding employment to the prevailing conditions in the North and East. Any measures of policing should not target any one ethnic community or the fundamental rights of any citizens.

Child Recruitment, Abductions, Extrajudicial Killings, Disappearances and Attacks on Civilians

In Sri Lanka today grave human rights abuses continue unabated; civilians from the minority communities and Tamils in particular, are extremely vulnerable to the abuses of the security forces, the LTTE and other armed groups. The LTTE is a repeat offender of child recruitment and the use of children as combatants. The Karuna faction, working with the State, is also continuing the practice of child recruitment despite warnings from the UN. Extrajudicial killings continue unabated throughout the country. Disappearances and abductions of civilians, ranging from Vice Chancellors to priests to students and labourers, have torn the fabric of entire communities.

There have also been a string of landmine attacks on buses carrying civilians and other civilian populated places. SLDF strongly condemns such intentional targeting and indiscriminate attacks on civilians. The denials following such attacks call for an UN Field Operation with forensic and other expertise to carry out investigations. War crimes and crimes against humanity call for serious international scrutiny.

Strong Resolution on the Human Rights Situation in Sri Lanka

The GOSL despite protestations lacks the political will and institutional capacity to fulfil its obligations and abide by international human rights law. The security forces, the LTTE and the Karuna faction display a shameful disregard of international human rights norms. This warrants a strong resolution from the UNHRC, robustly critical of the different actors in Sri Lanka including further threat of strong opprobrium and isolation if far reaching improvements are not made. It is only such a measure that could increase the pressure on all the actors in Sri Lanka, in particular the GOSL, to agree to effective mechanisms such as a UN Field Operation capable of addressing the human rights crisis in Sri Lanka.

5 May 2007, For Immediate Release: SLFP Proposals - An affront to Tamil and Muslim Aspirations and Failure of Leadership SLDF

The Sri Lanka Democracy Forum (SLDF) rejects the proposals submitted to the All Party Representative Committee (APRC) by the ruling Sri Lanka Freedom Party (SLFP) as irrelevant and counter-productive to any genuine attempt towards seeking a durable political solution to the ethnic conflict in Sri Lanka through substantial devolution of powers to the regions and power sharing at the centre.

These proposals represent an affront to the aspirations of the Tamil and Muslim communities and display a callous disregard of their grievances and sufferings. They also signify a serious failure of leadership of the ruling party. Given that the SLFP holds a large majority within the government coalition, it ought to have demonstrated vision and courage. These proposals appear to show that the President and the SLFP are incapable of acting with foresight and political integrity in finding a sustainable solution to the ethnic conflict. Indeed these proposals are a major set back in the devolution debate in Sri Lanka and reverse the last few decades of faltering progress. As such these proposals are a non starter and ought to be discarded from consideration by the APRC.

Serving Majoritarian Interests

The failure to take forward the devolution debate based on the proposals by the Experts Committee Majority Report which garnered the support of minority voices that cherish democracy, is indeed a measure lacking in foresight, and shows a complete lack of concern for the problems that are looming large over the entire country. Instead the SLFP proposals appear to serve the interests of an evolving oligarchy at the very top of government.

The SLFP proposals rival only the LTTE’s ISGA proposals in falling completely outside the ambit of the main debate on devolution and are shamefully inadequate in addressing the salient issues at hand. It is disheartening that the SLFP has paid no heed to the immense sacrifices made by many dissenting activists from the Tamil community who have fought hard with the LTTE and other extreme Tamil nationalists for a negotiated political solution. Some of the leading Tamil intellectuals who advocated for peace and coexistence such as Neelan Thiruchelvam and Kethesh Loganathan, who worked with successive governments to develop a coherent and viable set of proposals, paid the ultimate price with their lives. The SLFP proposals are a kick in the teeth to the growing movement for peace and democracy within the Tamil community.

It is obvious that the intent of the SLFP proposals is to pander to Sinhala chauvinist constituencies and thereby reinforce a majoritarian hegemony. The proposals are shot through with narrow majoritarian interests, very crudely displayed, firstly by the non engagement with the grievances of the Tamil community, and secondly through the assertion of constitutional privilege for one religion, Buddhism, in a multi religious society.

A Retrograde Step in the Devolution Debate

The SLFP proposals reveal the ruling party’s total disregard and negation of the historical developments in the debate surrounding devolution of power to the minorities. Since the Indo Lanka Accord the political discourse on devolution firmly established that the Province would be the minimum unit of devolution and this has been further entrenched in the Mangala Moonesinghe proposals of 1993, the Chandrika Bandaranaike proposals of 1995, and subsequently in 1997, which advocated substantial devolutionary powers to the provinces. The draft constitution in 2000 did the same, with these developments culminating in the Experts Committee Majority Report in December 2006. The SLFP proposals seek to reverse this debate back to square one.

Indeed during the premiership of SLFP’s founding father, SWRD Bandaranaike, as far back as 1957, devolving powers to regional councils was on the agenda. Since 1994, the SLFP, which historically had been perceived as an exclusively ‘Sinhala Buddhist’ party managed to transform itself into a ‘national party’ acceptable to the minorities, by advocating devolution of substantial powers to the provinces and by jettisoning the rigid adherence to the notion of a ‘unitary state’ and by promoting the paradigm of a ‘federal solution’ to the long running ethnic conflict. What is tragic is that senior party figures including the present President, were Ministers during this transformative process within the SLFP, but now appear to have abandoned that course.

The UNP, which had scuttled President Kumaratunga’s efforts to find a political solution in the late 1990s culminating in the defeat of the draft Constitution of 2000, has over the last few years accepted a ‘federal solution’ to the ethnic conflict, which it endorsed through the Oslo Declaration of 2002. The current SLFP proposals represent a total repudiation of this positive transformation, and undermine the broad consensus that has begun to develop between the two main parties on this issue

Furthermore, the existing constitutional scheme since 1988, through the 13^th amendment, has provided for the setting up of Provincial Councils and devolution of power at the Provincial level. The current SLFP proposals in attempting reduce devolution to the District level can also be seen as steps in the direction of the abrogation of the Indo Lanka Accord, a treaty between two countries.

Devolution, the National Question and Minority Fears

The failure to choose the Province as the unit of devolution clearly exposes the SLFP as a party that is not engaging with the national question. The SLFP must recognize that the demand for devolution arose out of the fraught nature of the national question; the mere proliferation of district councils with minimal power will not meet the aspirations of the minorities.

At best, the SLFP proposals represent a half baked effort at decentralization down to the district, town and village while maintaining the present concentration of power at the centre. The proposed second chamber’s powers appear functionally meaningless and vague. The attempt at obviating the Province as a significant tier of power is deliberate, as it is only at the Provincial level that the minorities will be able to meaningfully challenge any centrist tendencies of the Sri Lankan state.

Substantial devolution at the Provincial level is fundamental to allay minority fears and insecurities. With sufficient autonomy, minority communities would feel empowered to neutralize any attempt by a powerful centre to push through for instance, state sponsored colonization schemes involving demographic changes, the stimulation of ethnic rivalries and the use of centrally controlled security forces to terrorise minority communities in certain regions.

We can therefore only conclude that these proposals serve the interest of an oligarchy that is seeking to entrench itself in power by appealing to the most extreme Sinhala chauvinist elements, mindless of the historical debates within the SLFP and outside it over devolution.

The Way Forward

The Experts Committee Majority Report and the Vitarana Report provide a vision where minorities that are numerically small can be empowered to play an important role in the country’s political and economic life, and are enabled to coexist without being totally undermined and overshadowed by the hegemony of a powerful majority community that is numerically many times bigger.

Successive Sri Lankan governments have allowed the national question to continue to fester to the detriment of the political and economic development of the country as a whole. It is shocking that the SLFP can be so irresponsible at this time of relentless war, destruction and lawlessness, when the country as a whole is looking into an abyss with no end in sight.

While the APRC process has suffered a major setback given the lack of political will on the part of the President and the SLFP to address the most important issue in Sri Lanka’s post-colonial history, that should not be the determinant of the outcome of what is an all party process and which should be owned by all the political parties in Sri Lanka. The final APRC proposals are important not only for historical record but also as the basis for any future political solution.

SLDF calls upon the APRC to reject the SLFP proposals as meaningless and pitifully irrelevant, and indeed as a serious obstacle to the debate on the issues of devolution of power, the resolution of the national question and achieving a just peace.

1 May 2007, For Immediate Release: SLDF Concerned by the Emerging Authoritarianism in Colombo, Attacks on Dissent and the Continuing Humanitarian Crisis in the East

The Sri Lanka Democracy Forum (SLDF) raises its grave concerns about the continuing humanitarian and human rights crisis in Sri Lanka. SLDF is further perturbed by the emerging authoritarianism in Sri Lanka, where attacks on the media, NGOs and other activists intended to suppress comment on the Government’s handling of the crisis have begun to pose a dangerous threat to the fundamental democratic rights of the people.

Humanitarian and Human Rights Crisis

SLDF continues to receive reports of the suffering of the displaced, in particular in the Batticaloa District, where close to 150,000 displaced people live in gruelling conditions. In the East, people have been repeatedly displaced by the decades of war, the tsunami, and now, by the ongoing military adventures of the Sri Lankan State. The humanitarian needs and the rehabilitation of these people have been further undermined by sinister bureaucratic hurdles and other forms of intimidation by state and state-linked forces towards international and local NGOs involved in humanitarian work.

The Government has only focused on short term military victories without making adequate preparations for the care of the many thousands of civilians that its armed forces have displaced through its military operations against the LTTE. While acknowledging that the LTTE was primarily responsible for starting this undeclared war, SLDF deplores the Government’s attempts to cloak its military offensive as a means of deliverance for the Tamil people. The Tamil civilians in the Eastern province are losing all confidence in the Government, even as the warmongers in the South are jubilant about the so-called military successes. Such loss of confidence is both an indication as to how the Government is handling the humanitarian crisis, as well as about renewed fears of state colonization of Sinhalese in strategic areas in the East. These fears are real, because the prosecution of the war throughout the eighties and the early nineties led to the evacuation of a number of Tamil villages and their homes and villages burnt down due to military operations. The people thus displaced, have not been able to return to their villages. These bitter and traumatic experiences rankle in the minds of the Eastern Province Tamils and Muslims who are once again facing the brunt of both Army and LTTE operations.

While the people living in the Eastern province have suffered much privation and hardship at the hands of the LTTE, the state backing and complicity in the abuses of the Karuna faction are yet another factor where the Sri Lankan State has failed the Tamil community. The sheer terror of killings, abductions and child recruitment that people have to live with, have left Tamils in the East exhausted by the militarization and the abuses by multiple armed actors for the past decade and a half and which has now culminated in the current crisis.

Resurgent Authoritarianism

In the context of daily reports of ever increasing grave violations of human rights including abductions, disappearances, arbitrary and extrajudicial killings, there is widespread fear that the situation in Sri Lanka is drifting towards a resurgent authoritarianism reminiscent of the dark period of the late 1980s and early 1990s.

Indeed this emerging authoritarianism is characterized by abuse of power under the pretext of national security, misuse of the police and security apparatus against political opponents, intimidation of the media, and virulent attacks on the work of international human rights organizations and local human rights activists contributing to a climate of fear.

The creeping authoritarianism that manifestly haunts the present situation in the country is typified by the manner in which two news papers, namely “Maubima” (a Sinhalese weekly) and “The Sunday Standard” (an English weekly) were recently closed down by the abuse of the vast array of draconian powers under the Emergency Regulations. The blatant nature of this abuse of power is most graphically demonstrated by the details of how a journalist was taken into custody and detained without trial, the intimidation and harassment meted out to the Directors of the publishing company by the Terrorism Investigative Division (TID), the raids carried out and removal of Company records by officers of the Inland Revenue Department, the impounding of the passports of the Directors and the freezing of the bank accounts of not only the publishing Company, but also other unrelated Companies in which the Directors had an interest and the eventual enforced cessation of publication of the two newspapers. (See Appendix for details.)

Another shocking example of the regime’s attempt to suppress the freedom of the press is the much reported threatening telephone call made by the country’s Defence Secretary, Mr Gothabaya Rajapakse, who significantly happens to be the President’s brother, to the editor of the English language daily newspaper, “The Daily Mirror”, Ms. Champika Liyanarachchi. The menacing telephone call followed the publication in the paper of a succession of articles concerning the misconduct of troops, the role and activities of the Karuna faction and the desperate plight of internally displaced people in the Eastern Province where there has been a sustained escalation of military operations during the last several months. Despite the description by the Defence Secretary that it was only a “courtesy call” and a “frank exchange of ideas” and his denial that it carried any threat, the paper in its editorial on 20 April 2007, reaffirming that the telephone call was indeed a menacing and abusive one stated, “The ‘frank exchange of ideas’ he speaks of has indeed been a tirade in the course of which the Defence Secretary has even warned that the editor would be dislodged from her position.”

The State media and other analysts aligned with the state have also been complicit in reinforcing this creeping authoritarianism and attacks on those who express views that are opposed to those in power by peddling jingoistic rhetoric and misconceived patriotism. A recent Daily News editorial alluding that those who raise Sri Lanka’s human rights concerns at the UN Human Rights Council are “traitors”, is only mirroring the LTTE’s use of the abominable term “traitor” to characterise those of the dissenting community. Indeed sections of the media in succumbing to this emerging authoritarianism in the South are increasingly becoming the counterpart to the Tamil media that has succumbed to the LTTE’s fascist control.

SLDF has been campaigning for greater attention at the UN Human Rights Council around human rights and humanitarian related issues. SLDF has joined forces with other human rights organisations in raising the human rights abuses by the State and the State-linked forces as well as the abuses by the LTTE at the UN Human Rights Council. SLDF believes that attention and the pressure emanating from the UN Human Rights Council is absolutely necessary to address the deteriorating human rights situation in Sri Lanka. Such attention at international forums is all the more necessary as the Government turns authoritarian and the LTTE, while seeking to wipe out any space for dissent within the Tamil community inside Sri Lanka, continues with its militaristic strategies and tactics which can only bring further destruction to the Tamil people.

Addressing the Crisis and Moving on a Political Solution

SLDF believes the crisis facing the country now is both a factor of the lack of political will and leadership as well as an emerging authoritarianism. At the highest levels of government there is a lack of concern for minority issues, nor even a clear recognition of the rights of Tamil citizens.

A year ago, Sri Lanka had a fund of support and goodwill from the international community and the LTTE was isolated for its intransigence and abuses. That support and goodwill towards the Government is moving fast in a downward spiral both on account of the deteriorating human rights situation and for its failure to produce a credible political solution to the conflict.

Unless there is a clear change in the approach by the Government, especially the President, it will become inevitable for Sri Lanka to face international sanction at forums such as the UN Human Rights Council. If the Government wants to redeem itself, it should begin by acknowledging the human rights and humanitarian crisis to which it has contributed in large measure and take all such steps as are necessary to deal with the crisis and move forward on a credible political solution that addresses the aspirations of the Tamil and Muslim communities.

1. SLDF demands the Government take immediate steps to bring to an end the catastrophic humanitarian situation that has developed in the East as a direct result of its military offensive against the LTTE.

2. SLDF strongly reiterates that there is no military solution to the conflict, and a military approach is bound to have huge costs to the civilian populations trapped in the middle.

3. The SLDF condemns the Government for the abuse of power by which two weekly newspapers were closed, and other threats directed at journalists. The Government should take steps to reverse the emerging authoritarianism and through its actions assure its citizens that the fundamental and democratic rights, including the right to freedom of expression, will be protected.

4. The Government should take immediate and public steps to arrest the deteriorating human rights situation in the country, vigorously pursue investigations and prosecute all those who are found responsible for violations of human rights.

5. SLDF is seriously concerned that the Government has in the past four months dragged its feet over the tabling of credible proposals for a permanent political solution. It has not embraced the political process with the same vigour and decisiveness as its military adventures in the East.

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Appendix

Standard Newspapers Private Limited commenced publication of Sinhala weekly Maubima and the English Sunday Standard in November 2005.

These papers have frequently reported the plight of civilian refugees who have had to leave their homes due to the escalating war situation in the east of the country.

The papers also highlighted the atrocities committed by the LTTE and criticised their actions. In keeping with the editorial policy of unbiased, impartial coverage, the papers also featured interviews with the members of the Karuna group and published a regular defence column carrying the Government's official version of the military activities in the East.

Mr. Tiran Alles who is a Chief Financial backer of Standard Newspapers was a close associate of President Mahinda Rajapakse and campaigned vigorously for his victory. After the Presidential elections he was appointed Chairman Airport & Aviation Ltd., which is fully owned by Government of Sri Lanka.

The Government first made subtle overtures to Mr. Alles to change the editorial policy of its newspapers and when this did not have the desired effect, a more direct approach was used.

On November 24, 2006 Parameshwari Munusamy, a Tamil female journalist, was arrested, for allegedly being involved in helping a Tiger suicide carder. Parameshwari had written a series of articles on abductions and harassment of Tamil civilians and frequently met Tamil businessmen and ordinary Tamil citizens to collect evidence about the threats they received from state sponsored armed groups. She was arrested by STF (special Task Force) soldiers and was detained at the TID head quarters under the PTA. Having been kept in detention for several months, she was recently released unconditionally after case was filed in court for breach of her fundamental rights.

On February 10, 2007, the President convened at the Executive Committee of the ruling SLFP the President made serious accusations against these newspapers alleging that they were supporting the LTTE.

Standard Newspapers (Private) Limited., the publisher of Maubima and its parent company CBE (Pvt.) Limited., and Gateway International Schools were all raided by officers of the Inland Revenue Department. CBE and Standard newspapers are owned by Mr. Tiran Alles, who also is a director of Gateway International Schools.

On February 24, in a live TV broadcast President Rajapaksa and his brother Gotabaya Rajapaksa (Defence Secretary) along with other Government politicians, made an attack of unprecedented intensity on the Maubima newspaper and its owner Tiran Alles for criticising Government policies.

On February 18, phone threats were made against the Editor-in-Chief of Maubima newspaper threatening him with death, if any adverse articles were published in the newspaper against the brothers of the President, Basil Rajapaksa and Gotabhaya Rajapaksa. The Editor-in-Chief of Maubima made a complaint at the Welikada Police station on 18 February 2007. However, to date no investigatory action has been taken against this complaint.

On February 22, the Government ordered the impounding of the passports of the Publisher of Maubima, Mr. Dushyantha Basnayake and Mr. Tiran Alles, the Chairman of Standard Newspapers (Pvt.) Limited.

On February 26 at 10.00 pm, Sri Lankan time, officers from the ‘Terrorist Investigation Division’ (TID) took into custody and detained Dushyantha Basnayake, a Director of Standard Newspapers Private Limited after questioning him for four hours.

On March 8 and 9, the Government froze the accounts of CBE, a reputed group of companies owned by Mr. Tiran Alles who was financing the publication of these newspapers.

On March 12, the accounts of the well established ‘Gateway International School’ was sealed. This educational establishment has a long history in Sri Lanka and has a permanent studentship of 300, as well as 20,000 students enrolled in computer courses all over the country. The patron of ‘Gateway International School’ is the well respected educationist Mr. R.I.T Alles who is the father of Mr. Tiran Alles. Thousands of students and 500 teachers were left high and dry because of financial constraints imposed on the schools through the freezing of accounts.

On March 13, the accounts of the 'Standard Newspapers Private Ltd' were frozen forcing the abrupt end to the publication of both the papers.

29 April 2007, For Immediate Release: In memory of Sabalingam: SLDF Calls for an End to Intimidation of Political Dissent in the Diaspora

SLDF salutes the memory of Sabalingam, a prominent Tamil dissident and activist on the occasion of his 13 death anniversary meeting being held in Paris on 29 April 2007. Sabalingam was shot dead in the presence of his wife and young son at his home in Paris on 1 May 1994, by LTTE gunmen. SLDF expresses its solidarity with the organizers of this meeting of rememberance, Nanbarkal Vaddam. The dissenting community in Europe, particularly in Paris has been celebrating Sabalingam’s memory, through the years, amidst LTTE threat and intimidation.

On this occasion, SLDF raises grave concerns over the safety and security of activists within the dissenting Tamil communities of Europe and North America, especially in light of the recent revelations in the Tamil and French media about alleged activities of the LTTE in France. These alleged activities are consistent with credible reports of systematic intimidation by the LTTE of those Tamils opposed to them, which include extortions, burglary and theft, abductions, unlawful detentions and torture targeting ordinary members of the diaspora and, in particular, dissenting community activists living in the countries of refuge.

The recent arrests of known LTTE activists in Paris, and the 19 March 2007 burglary of the home of Luxmy, editor of literary magazine Uyir Nilal published from Paris, expose the criminal and underworld nature of activities of the LTTE in these countries of refuge. Indeed, it has been well documented by international human rights organisations and international press that the LTTE controls the public, political and other spaces in various diaspora communities, and can be brutal towards those who refuse to comply with their claims of sole representation. Unfortunately, since little has been done by the authorities of host countries, both in terms of formulating policies to protect their Tamil residents and citizens, the LTTE has carried on with impunity.

Since the early nineties, we have witnessed the murder of prominent dissident Sabalingam and LTTE activist Gajendran in Paris; serious violent assaults on well known journalist D.B.S Jeyaraj in Toronto, Canada, on Loganathan master in Essen, Germany, and the abduction and torture of late Kalaichelvan, also a prominent dissident activist in Paris. These are only a few of the many incidents of violent reprisals against Tamils who have sought refuge in Europe and North America but who continue to raise a voice against LTTE hegemony.

The recent burglary of the home of Luxmy, editor of Uyir Nilal is a case in point. The LTTE operatives allegedly removed all video and DVD recordings of the meetings of Ilakkiya Santhippu (Literary Gatherings) held from the late eighties onwards to date, collected and held by Luxmy as an archive in her home. This archive also contained video recordings of other important dissenting community meetings and revealed the identities of Tamil activists.

Since the late eighties, Ilakkiyu Santhippu has provided an alternative space for Tamil cultural and political endeavours, bringing together academics, artists and activists several times a year in various cities in Europe. The Ilakkiya Santhippu has now become an important literary movement in the lives of the Tamil diaspora community in Europe and is particularly significant as no independent artistic and political voice is able to publish freely in the Tamil areas in Sri Lanka.

Indeed, in recent times, dissenting voices have become more confident. And their space is expanding. A significant number of groups and campaigns have been established in Europe and North America, articulating support for a democratic political solution to the ethnic conflict, for human rights and for democratisation of the Tamil political terrain. Many such groups, magazines and broadcasts are challenging the LTTE’s claim of ‘sole representation’.

In the Tamil nationalist political terrain the diaspora plays a significant role, by supplying financial resources, providing a skills base and much needed political and moral support. The LTTE feels threatened by increasing pluralism and dissent within the diaspora, and there are fears that an escalation of violent assault on Tamil dissent within the diaspora is imminent.

SLDF strongly believes that these voices have to be protected, and enabled to raise a strong plea for a just and democratic political solution in Sri Lanka.

In recent times there have been many arrests of suspected LTTE operatives, allegedly in connection with illegal arms purchases, arms smuggling and money laundering both in Europe and in North America. In the UK, there has been a spate of arrests of individuals suspected of being involved with credit card fraud, allegedly with some LTTE links, and in the US, of individuals involved in arms purchases and smuggling. Care has to be taken by the authorities in the host countries to distinguish between criminal elements who may or may not be involved with the LTTE, and ordinary residents of the diaspora communities, the vast majority of whom are law abiding. Many such ordinary residents of the diaspora community are often victimised through extortion and coercion by the LTTE itself.

SLDF demands that the respective host governments of the Tamil diaspora communities recognise the rights of their Tamil residents and citizens and make their protection a priority. As such, they must:

Check and control the unlawful and criminal activities waged by the LTTE against Tamil residents of these countries.
Provide a safe environment for Tamil residents and particularly Tamil dissenting activists to live without fear, and to continue political activities.
Encourage and ensure that the LTTE and its front organisations indulge in only democratic forms of political activity.
Make a distinction in their investigation of LTTE criminal activity by LTTE operatives and ordinary Tamil residents.

To the diaspora communities, we urge that, in recognition of their influence with the LTTE and their responsibilities to those remaining in Sri Lanka:

That a unified campaign for a just and democratic peace in Sri Lanka is built.
A consistent and strong message be sent from the diaspora communities to the Sri Lankan government:
- that we will not tolerate attacks on innocent civilians from the minority communities;
- that an urgent resolution to the humanitarian crisis in the East and other areas of displacement is reached immediately;
- that urgent efforts be made by the government to table meaningful proposals that will devolve substantial power to the minorities in the regions that they are living in.
An urgent message is sent to the LTTE that we will not tolerate its undemocratic control over the Tamil community living both in Sri Lanka and abroad and to abandon its claim of sole representation.
They urge the LTTE to return to the negotiating table to work out a sustainable peace, in an inclusive process where all the voices demanding justice and peace are accommodated.

1 April 2007, For Immediate Release: SLDF and other Diaspora activists Salute Kethesh Loganathan

"The extremes of both sides are trapped in a pathology of a fanatical nationalism that will ensure only one thing - a spiral of death and destruction."

said Bob Rae, the former Premier of Ontario who flew down from Canada to give the keynote address at the Kethesh Loganathan memorial meeting held on Saturday, 31 March 2007, at the Conway Hall, London. UK.

The 200 strong memorial meeting was chaired by P. Rajanayagam, Editor, Tamil Times, and active SLDF member. The meeting started with the observance of one minute silence to honour all those who had been slain in the cause of democracy and human rights.

In the chair’s remarks, Rajanayagam said that the internalised violence of the Tamil struggle had produced many martyrs and traitors. He added, “History will make the final judgement as to who are martyrs and who are traitors. It will make a critical and harsh judgement.”

The meeting was an emotional tribute to the memory and legacy of Kethesh Loganathan, featuring solidarity messages from around the world, poetry readings, songs and music.

V. Anandasangaree, President, TULF, Shanthan Thambiah, EPRLF and Ahilan Kadirgamar, SLDF also spoke.

The speakers and those who read messages re-avowed their firm commitment to pursue peace in Sri Lanka through a democratic and just political settlement.

Mr. Rae ended his speech making a strong plea to all those wanting an end to the conflict, to follow in Kethesh’s footsteps.

“The parties in Sri Lanka have become addicted to violence. The outside world has gotten used to lethargy. And indifference has become a habit. All these things must change. Kethesh, you died believing in the possibility, and indeed the need for peace. We, you have left behind must live in the same way.”

11 March 2007, For Immediate Release: SLDF expresses its grave concern over the continuing deterioration of the human rights and humanitarian crisis in Sri Lanka and reiterates its call for UN Human Rights Monitoring

The current situation

Despite international and local condemnation, the situation in Sri Lanka has continued to worsen on many fronts since the last sessions of the Human Rights Council in 2006.

Daily military offensives without respite by the Sri Lankan security forces, the LTTE, and the Karuna group, have led to the displacement of a large number of people and brought the country to the brink of a humanitarian disaster. The recent announcement by the LTTE that they will be targeting civilian vessels if they are accompanied by troops is an indication of the total disregard of all armed parties for civilian lives, and forewarns us of the humanitarian disaster that awaits Sri Lanka, unless urgent action is taken.

The conclusion of the magisterial inquiry into the execution of the 17 ACF aid workers that there were serious flaws in the government investigation, and that the government has attempted to circumvent the use of foreign forensic experts, indicate the lack of seriousness of the government in carrying out impartial investigations. This further indicates that only an international monitoring mechanism reporting to an independent international body such as the UN can effectively investigate political killings and human rights abuses and identify perpetrators.

The ceasefire is virtually non-functional, as the parties display total disregard for the provisions of the Ceasefire Agreement. The role of the SLMM has been rendered totally inoperative. There is an all out war, even while the All Party Conference (APC) continues its exercise of trying to find a basis for a political solution.

SLDF appeal to the International community

SLDF appeals to the international community, particularly the United Nations Human Rights Council, to take urgent steps to ensure respect for international humanitarian and human rights law in Sri Lanka by establishing an International Human Rights Monitoring mechanism, including extensive field operations, under the good offices of the United Nations Office of the High Commissioner for Human Rights (UNOHCHR).

SLDF welcomes the Sri Lankan government’s appointment of a Presidential Commission of Inquiry (COI) and the appointment of the International Independent Group of Eminent Persons to oversee the COI. While it is important to bring perpetrators to justice, it has become clear that in the face of continued failure on the part of the state to stem the tide of escalating human rights violations, only human rights monitoring on the ground by an international presence can rein in the current trend of killings, abductions, child recruitment and disappearances and successfully challenge the culture of impunity prevalent in the country.

Disappearances and Extrajudicial killings

The National Human Rights Commission of Sri Lanka has recorded over 100 abductions and disappearances so far this year in Colombo, Batticaloa in the east and Jaffna peninsula in the north. This is in addition to over 1000 cases reported during 2006. The LTTE, the Karuna faction and the security forces are all being held responsible for these violations. In the Jaffna peninsula, scores of civilians have approached the local branch of the Human Rights Commission and pleaded with its officials to be held in jail for fear of becoming victims of abduction and/or murder.

Outside the North and East the Civil Monitoring Mission has documented 12 killings and 50 abductions in the last three months alone. Of those abducted, only a few have been released and only after the payment of large sums of money. Alleged abductions by the Karuna group with the objective of extorting large sums of money are continuing unabated with strong evidence of state complicity. There is unwillingness on the part of the law enforcement authorities to crack down or investigate these abductions.

In the North and East, the LTTE are continuing to kill dissidents, and civilians are being targeted by all sides. The University Teachers for Human Rights (Jaffna) has documented 35 killings in Jaffna alone in November and December of last year with 14 of this attributed to the LTTE, and the rest to state security forces and groups connected to them. The Jaffna Human Rights Commission has stated that they have received 60 complaints of disappearances since the beginning of this year alone.

The Asian Human Rights commission has reported that that there is at least one abduction taking place in Sri Lanka every five hours.

Child Recruitment

It is a publicly recorded fact that both the LTTE and the Karuna faction are continuing to forcibly recruit children to join their ranks as child soldiers. Contrary to assurances given to the UN Special Advisor and Special Representative for Children and Armed conflict these abducted children are not being released and indeed there are credible reports that there is state complicity in forcible recruitment of children by the Karuna faction. This is indeed a serious allegation which the State has to address immediately.

Enforced induction of civilians

There is clear evidence that the LTTE’s practice of forcibly inducting civilians of both sexes and varying age groups for compulsory military training has been intensified in the North and East. In recent months, those living in the LTTE-controlled areas in Vanni, where the civilian population is trapped without any rights of free movement or escape have been subjected to this by the LTTE, with a view to augmenting its ranks. This has caused much fear amongst the civilian population who are now going into hiding or taking huge risks to flee, which when they are caught invites severe punishment by the LTTE. The intensification of this enforced recruitment campaign by the LTTE is strongest in the Kilinochchi and Mullaitivu districts of the Vanni, but there is substantial evidence showing that it has now spread through LTTE infiltration to other areas such as Mannar, Vavuniya and Jaffna districts.

Humanitarian Access

There has been no significant improvement in the humanitarian aid and support in the North and East to those displaced by war and indeed continues to be denied to many conflict areas. Increasingly, unnecessary restrictions are being placed on relief organisations operating in the North and East.

It is estimated that there are at least 250,000 internally displaced persons and another 16,000 have found refuge in India during the last year. Refugee outflows are now beginning to reach countries even further a field, such as the 83 Sri Lankan refuges arriving in Australia in February this year.

There is strong evidence that the LTTE is preventing the movement of people trying to leave conflict areas.

Authoritarianism and crack down on press freedom

There are increasing incidents of journalists and other human rights defenders being arrested and detained either for expressing dissenting views or exposing human rights violations.

The current economic embargo, and the consequent shortage of newsprint has prevented the publication of newspapers in Jaffna, curtailing dissent, and vital flow of public information.

SLDF calls for the following actions

The Government

Immediately halt killings and abductions, and respect international humanitarian law. As evidence of their commitment to the above, we call on the government to initiate prosecutions against violators of such international humanitarian and human rights law in the government ranks and in the armed forces
Set a date for the visit of the UN Special Rapporteur on torture, whose visit has been unduly postponed.
Ensure that humanitarian and medical supplies reach all affected areas, and grant free access to international humanitarian, and human rights organisations, and journalists to conflict areas.
Invite an international human rights monitoring operation to be set up under the auspices of the UNOHCHR, as a way of arresting the rapidly declining human rights situation and the climate of impunity that is prevailing in the country.

The LTTE

Stop recruitment of children, and release all children in the ranks
Stop political killings
Stop the forceful recruitment of young adults.
Stop extortions
Stop restricting the movement of people
Stop forcibly inducting civilians for military training
Allow free and safe access, to journalists, both local and foreign, and NGOs carrying out humanitarian work and other aid workers, to areas under its control

The Karuna group

Stop recruitment of children, and release all children in the ranks
Stop political killings
Stop the forceful recruitment of young adults.
Stop abductions and extortions

International Community

Impress upon all parties, without further delay, the gravity of violating international humanitarian law.
Set clear deadlines for the parties to redress actions, and clearly delineate the consequences of not meeting the deadlines. These should include sanctions and prosecutions in international tribunals for war crimes.

The United Nations Human Rights Council

The United Nations High Commissioner for Human Rights, and the Special Rapporteur on torture and Special Rapporteur on IDPs to visit Sri Lanka to do an independent assessment of the situation.
Table a resolution on Sri Lanka immediately, with a view to establishing UN Human Rights Monitoring (including a country wide field operation) in Sri Lanka.

International monitoring is the only mechanism that can;

Deter on going human rights violations
Function without intimidation and interference
Ensure accountability from the LTTE and the Karuna group

The continuing deterioration of the human rights situation in Sri Lanka reveals the callous disregard of the State security forces, LTTE, and the Karuna group have for human rights and civilian protection. Human life is being devalued and being treated as a summarily expendable means in the process of achieving political, military, and financial ambitions.

As the UNHRC begins its fourth session, we draw attention to the abysmal human rights situation in Sri Lanka, and highlight one of the fundamental tenets and commitments of the UN found in the preamble to the UN Charter; “… to reaffirm faith in fundamental human rights, [and] in the dignity and worth of the human person…”

A few examples of widely reported human rights related issues during the past few months:

- 15 December 2006: Abduction of Professor S. Raveendranath, Vice Chancellor of the Eastern University, in Colombo by an unidentified gang.

- 9 February 2007: the older sister of a young woman who went into hiding to avoid forced conscription was taken by force in the village of Vattakachchi (within LTTE control) by the LTTE. The abducted woman’s maternal uncle Gajan Kanagarajah presently residing in Canada has protested and requested the assistance of International Human Rights Organisatios to secure the release of his niece Pathmaseeli.

- 2 March 2007: Five bullet-riddled bodies of male persons were recovered from a swamp in Mutturajawela in Kandana police division, not very far from the capital Colombo. The bodies have been identified by relatives as those of Tamil persons from Batticaloa district.

- 5 March 2007: Kidnapping of 15-year-old daughter of a Tamil millionaire businessman in Negombo, demand of a ransom of Rs.4 million for her release; according to police sources both the daughter and her elder brother were kidnapped near their home when returning from school; the son escaped and reported the kidnapping of his sister.

- 6 March 2007: Police discovered five burned bodies near an abandoned field in north-central Sri Lanka. The bodies, burned beyond recognition, were found in Thirapappane village in Anuradhapura district. They have yet to be identified.

- 6 March 2007: The Inspector General of Police Victor Perera, in a press briefing conceded that officers in the military and the police and those who have deserted the forces were involved with under world gangs and were carrying out abductions for extorting ransom. He said that the police have made several arrests during the past few weeks based on intelligence reports, which include officers from the forces, police and journalists. Some of those held in custody had “LTTE connections”. And according to video allegedly found in their possession the suspects had received military training from the LTTE.

- 6 March 2007 the LTTE has ordered civilians not to board Sri Lankan vessels plying between Trincomalee and Jaffna declaring that it would attack such vessels with immediate effect. The warning statement was announced on the Voice of Tigers (VOT) radio, and pro-LTTE website www.puthinam.com and the Tamil daily Sudar Oli. The LTTE said that civilian vessels would become a legitimate military target if they were suspected of carrying Sri Lankan troops also.

6 March 2007, For Immediate Release: Representations made to Sri Lanka Foreign Minister

Representatives of Sri Lanka Democracy Forum and Tamil Forum for Peace met with the Sri Lanka Foreign Minister Hon. Bogollagama on his first official visit to the UK on Tuesday, 6 March 2007, at Dorchester in London.

The Foreign Minister was presented with the following three demands to be handed to the government.

1. Purposeful progress should be made on the APC process to bring about state reform through devolution and power sharing. In this connection, the Government should take the lead in canvassing broad-based support for the proposals contained in the Majority Report taking account of the points made by Prof. T. Vitharana.

2. The Government should publicly denounce the continuing spate of gross human rights violations including recruitment of child and underage soldiers, arbitrary detentions, extra-judicial killings, abductions and disappearances, and promptly investigate and institute prosecutions where elements within the state enforcement agencies are alleged or suspected to be complicit in such violations.

3. The Government should permit and enable continuing access to humanitarian agencies to conflict zones and facilitate the provision of humanitarian assistance, relief and rehabilitation to internally displaced people.

The representatives expressed strong support for the Majority Report of the Experts Committee and the subsequent proposals of Prof. T. Vitharana, but also raised their grave concern about the rapidly deteriorating human rights situation and the humanitarian crisis.

Please see attached statement:

Representations made to Sri Lanka Foreign Minister
by Sri Lanka Democracy Forum and Tamil Forum for Peace (UK)

Sri Lanka is at the brink of another catastrophic war and a slide into total militarization of the whole country, lawlessness and severe economic crisis. The ceasefire is in tatters and the peace process is at a dead end with military objectives seemingly predominating developments. The present Government of Sri Lanka has the duty and must show courage and political will to turn these tragic circumstances around by decisively moving in the direction of a political solution to the country’s ethnic problem.

The Dissenting Tamil community and the LTTE

We who are from the dissenting Tamil community and campaigning for democratic values in Tamil politics, reiterate our principled opposition and abhorrence of LTTE terror and its politics of violence that has brought disaster to the Tamil people. For the past few years, we have noted a growing disillusionment with the LTTE amongst the Tamil diaspora communities. The campaigns waged by dissenting Tamil political activists and the activities of Tamil Human Rights organisations have helped in isolating the LTTE internationally.

The APC Proposals

We welcomed with much optimism the Majority Report of the Experts Committee of the All Party Conference (APC). We note that it has considered all the complexities of the ethnic question in Sri Lanka and come up with novel ideas for a political and constitutional settlement of the conflict. We also endorse the efforts of Prof. Vitharana and his subsequent proposals based on the Majority report. We particularly value Prof. Vitharana’s desire to make this process an inclusive process and not a two horse barter between the State and the LTTE, as was the case in the 2002 peace process.

We want to know the progress on the APRC process. The expected date for delivery of the APRC proposals is said to be mid-April. We want the important elements of the proposal such as devolution to the regions with power sharing at the centre to be retained. Our demand is that the government should resist any attempts to water-down the proposals.

No military Solution

We wish to underline that there is no military solution to the ethnic problem which demands a political solution. Experience has shown that the military approach adopted by both the LTTE and successive Governments has not only served to prolong the conflict, but also brought disaster to the country and its people. Experience also shows us that military victories achieved in the battle field in the short term have turned out to be major military debacles in the long term for both sides. The LTTE cannot be tackled militarily fully unless they are also weakened politically. For this, progressing the proposals for a political solution is fundamental.

While we recognise and have consistently condemned the LTTE’s continuous provocations and attacks on the SL armed forces which precipitated the current phase of an undeclared war, we believe that the manner in which the war has been prosecuted has done much to damage the Tamil community’s faith in the Government’s professed intention of seeking a negotiated solution. There is no doubt that the human rights and humanitarian crises precipitated by the presently ongoing military and security operations have served to alienate many Tamils who enthusiastically welcomed the Experts Committee’s Majority Report and the subsequent proposals of Prof. Vitharana.

Human rights crisis

We are very much concerned with the further deterioration of the human rights situation in Sri Lanka accompanied by a rapid rise in arbitrary detentions, abductions, disappearances and arbitrary and extra judicial killings. This phenomenon is no longer limited only to the North and East and Colombo.

While not detracting from innumerable LTTE atrocities, we are concerned with this fast deterioration of the human rights and security situation across the country. Human rights organisations both in Sri Lanka and abroad and other personal correspondence and news reports offer strong evidence that elements within the state enforcement agencies are complicit in the abductions and disappearances, mostly carried out for the purpose of extorting money from the victims. The International Community also believes this to be the case.

It must be emphasised that so far no one has been prosecuted for human rights violations against civilians and non-combatants which in the context of internal armed conflict also fall within the categories of war crimes and crimes against humanity.

The Karuna faction is now functioning with impunity with assistance from the security forces and is alleged to be involved in many of the recently reported high handed excesses in the east of the country. The security forces are complicit in the build up of this counter terror to LTTE repression over the Tamil people. This is unacceptable. It is also politically very damaging and destroys any confidence that the Tamil community may have begun to develop in the new efforts at finding a political solution.

Such grave human rights violations from the Government side will drive people straight into the arms of the LTTE

We welcomed the government setting up the Human Rights Commission of Inquiry and other supporting mechanisms to investigate serious instances of gross abuse of human rights. However this would be rendered meaningless if the state is complicit in ongoing blatant human rights violations.

Humanitarian crisis

The humanitarian crisis is beginning to take on catastrophic proportions. The government evacuated people from Muthur, Sampoor, Vaharai and other adjoining areas and reports coming from there suggest that the aid reaching the people is grossly inadequate. The state has special responsibility to these people as they were evacuated for the specific purpose of the SL Armed Forces’ to carry out military objectives. There is much anxiety amongst the people about returning to their homes, about relocation etc.

Tamil Fears

It is clear to us that the Tamil people need deliverance of some kind as they are trapped in the structure of terror built around them by the LTTE. However the counter measures employed by the State, only worsen their plight. Rationally speaking, under current circumstances it is very difficult to prevail upon the Tamil community to place faith in the government’s efforts to abandon their support for the LTTE. It is very important for the Tamil people to feel that the Sri Lankan state treats them as if they were their own citizens of Sri Lanka. The continuing human rights and humanitarian crises only indicate to the Tamil people that they are being treated as if they are no different from the Tigers.

The optimism that Tamils felt when the Majority Report was issued has taken a beating because Tamils now fear that the government is set on a military course while dilly-dallying in relation to the APC exercise and not being decisive about presenting a political solution.

As a matter of urgency, we request the government to take urgent action on the following three matters:

22 January 2007, For Immediate Release: SLDF Calls for Progress with the Political Solution

The Sri Lanka Democracy Forum (SLDF) applauds the work of the Majority Group of the Experts Committee and the efforts of Prof. Vitharana, Chairman of the All Party Representative Committee (APRC), to find a political solution through devolution of power and power sharing at the center. The military advances of the security forces into the Eastern Province, at immense cost to civilians, come at a time when the State needs to decisively move in the direction of a political solution and the protection of human rights. SLDF reiterates that there is no military solution to the question of minorities in Sri Lanka, and it is only through an inclusive process that attempts to meet the aspirations of the Tamil and Muslim communities that co-existence is possible.

At a time when the government is increasingly coloured by militarist thinking, when anti-terror laws with vast repressive powers have been announced, and when State institutions are dominated by Sinhala nationalists, the Majority Report and Prof. Vitharana’s report to the APRC are positive signs of the resiliency of Sri Lankans committed to peace and justice. Indeed, the Majority report, reflecting the views of a multi-ethnic team of experts from various walks of life, stands testament to the potential for co-existence and cooperation within a united Sri Lanka. Despite intimidation and interference by State actors, and the assassination by the LTTE of the Secretary to the Experts Committee, Kethesh Loganthan, it is the courage and commitment of the members of the Majority Group that produced a commendable report.

The Majority Report articulates the need for State Reform in the form of devolution of power, and in the form of power sharing at the center through a bicameral legislature, which have been longstanding demands of SLDF. In addition to the concerns of the Sri Lankan Tamil community, in a welcome move it has also delved into the issues facing the Muslim community and Hill Country Tamils, and has suggested innovative solutions. The report has also listed a number of confidence building measures relating to language policy, security concerns including those of human rights, and humanitarian concerns including relief and rehabilitation. In contrast to the political opportunism of the Supreme Court and the Chief Justice, which ruled for the de-merger of the North-Eastern Province, the Majority Report rightly determines an inclusive process to resolve the merger issue, which takes into account the grievances and aspirations of all relevant communities. The Majority Report calls for the merger of the Northern and Eastern Provinces for ten years, subject to a referendum when the climate is conducive for free and fair elections. Prof. Vitharana in his report, which draws heavily from the Majority Report, has called for an inclusive process of negotiations with all parties to determine the merger of the Northern and Eastern Provinces given the recent Supreme Court ruling. Unfortunately, the Sri Lankan media have waged an irresponsible and untrue campaign claiming that Prof. Vitharana has called for negotiations only with the LTTE on the North-East de-merger issue, when in fact he has resolutely supported an inclusive process.

These welcome interventions come at a time when the country is not just on the verge of war, but an undeclared war is now in full force, with its attendant war crimes and crimes against humanity. Indeed those responsible for such crimes, whether they be members of the security forces, the LTTE or other armed groups, should be prosecuted in the appropriate international courts. SLDF supports the UN Secretary-General’s call for “targeted measures against LTTE political and military leadership” in his report on Children and Armed Conflict. He has also called on the Karuna faction to cease all recruitment and use of child soldiers, “failing which targeted measures may be considered.” Furthermore, he has called on the “Government to investigate immediately allegations that certain elements of the Sri Lanka security forces are involved in aiding the recruitment and/or abduction of children by the Karuna faction in the East.” Indeed, the use of child soldiers below the age of fifteen is a war crime and many children have already been subject to this abominable crime during the last year.

The President and his government are going to have to make the necessary historic decisions to address the need for a political solution and to rein in the gross escalation of human rights and humanitarian violations they have also been party to during the last year. Further delay in addressing both state reform and human rights protection will only push the country further into an irreversible cycle of war, violence and, ultimately, an unbearable economic and political crisis for all the peoples of Sri Lanka. The President has the task before him of producing a viable solution based on the Majority Report and Prof. Vitharana’s report by engaging the UNP and the other political parties. The President also needs to move swiftly to arrest the deteriorating human rights and humanitarian situation, by prosecuting those responsible for human rights violations. These violations have been made more insidious by drawing members from Tamil armed groups to work with the security forces, and have led to a resurgence of grave abuses, such as child recruitment, disappearances and torture. Failure to act decisively spells doom for Sri Lanka’s democratic future and would also bring international isolation and sanctions.

13 November 2006, For Immediate Release: SLDF Outraged by the Grave Abuse of Human Rights and Humanitarian Norms in Sri Lanka

The Sri Lanka Democracy Forum (SLDF) expresses its outrage and dismay at the grave human rights situation facing Sri Lanka characterized by disappearances, extrajudicial killings, abductions, torture, and child recruitment. This human rights crisis is coupled with a humanitarian crisis of immense proportions, and Sri Lanka is degenerating into a situation of near anarchy.

Humanitarian access has been limited, particularly to the Jaffna peninsula with the lack of an agreement to allow the delivery essential supplies. There have been continued attacks on places of refuge and aid workers; the recent shelling of a refugee camp by security forces is no less than a war crime. The assassination of parliamentarian Nadarajah Raviraj in broad daylight in Colombo is telling of the climate of terror that has taken hold in Sri Lanka. The Sri Lankan State is rapidly losing its legitimacy with its minority communities.

Humanitarian access to the Jaffna peninsula has been constrained since active fighting began in Jaffna in August. Both the security forces and the LTTE have not shown any concern for the plight of the civilian population by pushing their military agendas. The debate during the Geneva talks on October 28th - 29th and since the end of talks have been around whether or not the A9 road should be opened or whether supplies should be sent by ship. SLDF calls on both parties to not politicize the issue of humanitarian access and calls for the opening of the A9 road for humanitarian convoys and the parallel guarantees for the ICRC and other aid agencies to safely transport essential supplies by ship to the beleaguered civilian population of Jaffna. The LTTE should agree to not tax goods being transported to Jaffna.

SLDF condemns in the strongest terms the recent shelling of the refugee camp in Kathiraveli,Vaharai, in eastern Sri Lanka and considers it to be a war crime in which scores of people were killed and many more were injured. This terrible crime should be investigated promptly and those responsible prosecuted. The LTTE has also continued to cynically manipulate the predicament of vulnerable populations such as Internally Displaced Peoples, and the LTTE’s presence in the vicinity of the refugee camp is unacceptable. SLDF calls on both parties to immediately halt attacks that place civilian communities at risk.

SLDF also condemns the assassination of TNA parliamentarian Raviraj. In recent months, MP Raviraj himself had been protesting against the emergence of abductions and disappearances. The onus of investigating the assassination of MP Raviraj, a fierce critic of the current government, rests on the government. There are strong allegations of state complicity in this assassination. The increasing cases of disappearances and torture linked to the security forces are a reminder of the culture of brutality of the dark years of the 1980s and are serious violations of international law and international covenants ratified by Sri Lanka. While SLDF has consistently condemned the political killings by all parties concerned, SLDF strongly believes that a large proportion of the current killings and disappearances can be stopped if the government has the political will to do so.

SLDF reiterates its condemnation of the recruitment of child soldiers by the LTTE and Karuna faction. With the undeclared war, child soldiers have been killed in combat and hundreds of others are at risk. SLDF calls on the international community to use the full force of international law and sanctions against this abominable practice, which when it comes to the use of the children under the age of fifteen is recognized as a war crime. The Sri Lankan State is also complicit through its support for the Karuna faction and unwillingness to hold the Karuna faction accountable.

Within a week of the announcement of the Presidential Commission of Inquiry with International Observers on some of the grave human rights violations during the last year, we are faced with these unpardonable attacks on the displaced population in Vaharai and the assassination of MP Raviraj. This only casts doubt on the sincerity of the government in wanting to genuinely deal with the problem of impunity in Sri Lanka. Furthermore, the UN High Commissioner for Human Rights Louise Arbour had expressed concern on 6 November 2006, that there are “several shortcomings in the national legal system that could potentially hamper the effectiveness of the Commission of Inquiry, particularly the absence of any legal tradition of establishing command responsibility for human rights violations.” Indeed, grave violations such as the attacks on IDPs in Vaharai and the assassination of MP Raviraj, calls for the prosecutions of the highest officials, if command responsibility is established.

SLDF while welcoming the Commission of Inquiry as a first step toward addressing past violations, is also concerned about its limitations in dealing with the daily ongoing human rights violations. SLDF believes many of these violations are indeed taking place with the complicity of the State. Furthermore, State policies have been increasingly dominated by militarist thinking to the detriment of civilian protection and the State’s duty to protect. SLDF has consistently called for international human rights monitoring to address the human rights crisis in Sri Lanka. SLDF calls on the international community, particularly the EU, India, Japan and the US, who were the primary supporters of the peace process, to pressure the Sri Lankan government to accept a UN Human Rights Monitoring Mission. The denials by the Sri Lankan State ring hollow given its refusal to accept an impartial international human rights monitoring mission, which can help provide some degree of accountability, protection, and justice.

6 September 2006, For Immediate Release: SLDF Calls on Sri Lanka Donor Co-Chairs and India to Pressure the Sri Lankan State to Address Human Rights and Humanitarian Concerns and Progress on a Political Settlement

The Sri Lanka Democracy Forum (SLDF) is deeply concerned about the deteriorating human security and political situation in Sri Lanka. Hundreds of people have been killed or disappeared and over 200,000 more displaced, along with over ten thousand refugees fleeing to India, due to the latest round of fighting between the Tamil Tigers and Government forces resulting in a mounting human rights and humanitarian crisis mainly in the North and East of Sri Lanka.

The ongoing undeclared war has shattered any confidence the civilian population had in the possibility of peace. In particular, the Tamil and Muslim populations have had to bear the cost of the military ambitions of the security forces, the LTTE and the Karuna faction.

Even at this late hour, if peace is to remain on the agenda, the Co-Chairs and India need to coordinate and push for necessary mechanisms that will address the human rights and humanitarian crisis as well as pressure the Government and the political parties in the opposition to move towards a consensus to address the legitimate aspirations of the Tamil and Muslim communities.

Human Rights and Humanitarian Crisis

SLDF has consistently highlighted the dangers of human rights violations, emphasizing that in time these would lead to the collapse of the peace process. Indeed, it is the unwillingness or lack of political will on the part of all actors, including the international community and the human rights community, to systematically pressure for a human rights mechanism that led to the emergence of a human rights crisis, which in turn has transformed into what is today one of the most severe humanitarian catastrophes the country has faced.

On 10 August 2006, Jan Egeland, the UN Under-Secretary-General for Humanitarian Affairs, put Sri Lanka next to Lebanon and Darfur as humanitarian disasters of immense proportions caused by, among other factors, the killings of aid workers and lack of humanitarian access. The UN Secretary General has also made multiple statements highlighting his concern about the human rights and humanitarian crisis in Sri Lanka. A crisis of this proportion requires the attention of the United Nations at the highest level and it is only the ultimate multi-lateral institution that can respond effectively given this crisis.

SLDF welcomes the Common Humanitarian Action Plan put forward by the UN agencies and calls on the Government of Sri Lanka (GOSL) and the LTTE to abide by its stipulations and lend it every support. However, effectively addressing the humanitarian crisis also requires human rights mechanisms that can address the prevailing culture of impunity and the ongoing gross violations of human rights, where tens of individuals are killed or disappeared daily, children are recruited by both the LTTE and the Karuna faction, and civilians are forced into military training blurring the line between civilians and combatants.

SLDF supports the 12 August 2006 Co-Chairs call “for independent, international investigations of allegations of serious human rights abuses, including the murder of 17 Sri Lankans working for a French NGO and the alleged killing of 100 Muslims.” Furthermore, SLDF welcomes President Rajapakse’s invitation for an “international independent commission to probe abductions, disappearances and extra-judicial killings in all areas in the country.” Such a commission should be appointed under the auspices of the UN and immediately begin the work of investigating some of the most glaring instances of gross human rights violations, such as the murder of aid workers and Muslims in Mutur in August 2006, the murder of five youth in Trincomalee in January 2006, and massacres in Alaipiddy, Welikanda, Vankalai, and Kebetigollewa in May and June 2006. A special investigation should be carried out surrounding the circumstances in which over 400 adolescent girls (between the ages of 17 to 20) from 18 different schools found themselves in a building on 14 August 2006 at Vallipuram in Mullaitivu, 55 of whom were to become victims of a bombing raid by the Sri Lankan Air Force.

The human rights crisis is also exacerbated by daily targeted killings of individuals, and this climate of impunity requires an independent international mechanism to undertake long-term human rights monitoring. The current spate of extortion and disappearance of Tamils, especially businessmen that has spilt over into Colombo and so obviously enjoys the connivance of the law enforcement authorities is merely a reflection of the build up of impunity in the regions, especially Trincomalee. SLDF calls on the Co-Chairs and India to support a UN human rights monitoring mechanism to be set up to rein in this pattern of human rights violations and to carry out investigations into thousands of such cases since the initiation of the peace process in 2002. The upcoming UN Human Rights Council meetings will provide a unique opportunity for the UN member states to address the human rights crisis in Sri Lanka. Indeed the credibility of the recently formed UN Human Rights Council - to which Sri Lanka was elected as member – is at stake depending on whether the UN member states will muster the courage to address the human rights crisis in Sri Lanka.

Permanent Political Solution

Addressing humanitarian and human rights issues alone will not keep the peace agenda alive. Any sustainable and just peace will require a political solution that addresses the aspirations of both the Tamil and Muslim communities. As the Co-Chairs pointed out on 30 May 2006, the GOSL “must show that it is ready to make the dramatic political changes to bring about a new system of governance which will enhance the rights of all Sri Lankans, including the Muslims. The international community will support such steps; failure to take such steps will diminish international support.” The Co-Chairs should solicit the support of India in pressuring the GOSL and the opposition political parties to move expeditiously on proposals for a permanent political solution. It should be reiterated that there is no military solution to the conflict in Sri Lanka, and only a political solution can address the aspirations of all the communities while safeguarding their human rights, humanitarian needs and economic development.

It is very clear today that the Sri Lankan State is not in a position to fulfill its international and national obligations to protect human rights and address humanitarian concerns of its citizens. The crisis facing Sri Lanka fundamentally reflects the failure on the part of its political elite to reform the State so as to address the political aspirations of all the peoples of Sri Lanka. The Co-Chairs in coordination with India, should as part of a reinvigorated peace process, actively develop a roadmap with concrete milestones to facilitate GOSL and the opposition political parties to reach a political consensus that will enable it to arrive at a permanent political solution.

14 August 2006, FOR IMMEDIATE RELEASE: SLDF Condemns the Brutal Murder of Kethesh Loganathan

Shocked and grief-stricken, SLDF unreservedly condemns the murder of Kethesh Loganathan, a rare man for his times who continued to fearlessly voice the aspirations of the Tamil people - of peace with human rights, democracy and dignity.

Kethesh stood for truth and justice, yearned and worked tirelessly for peace with human rights for his people. He has been silenced by the guns of the LTTE, who at this moment are taking the Tamil people on a journey of destruction.

Like many other courageous and outspoken Tamil intellectuals who have fallen victim to LTTE’s terror, Kethesh stands out as one whose life spanned a varied and rich political trajectory. A former militant, then academic, journalist, and tireless advocate of human rights and a return to democratic values in Tamil politics, Kethesh was one of the leading activists of the dissenting Tamil community who firmly believed in a negotiated democratic political solution to the ethnic conflict as opposed to the bleakness of a maudlin Tamil nationalism. Kethesh himself in rethinking the narrow nationalism of his early militancy, challenged among other things its marginalization and alienation of Muslims.

Kethesh’s contributions to peace efforts began in 1985 when he represented the EPRLF at the Thimpu conference. He was involved in the discussions that framed the Indo Lanka peace accord and later the Mangala Moonesinghe Parliamentary Select Committee discussions for devolving power to the North and East. After his resignation from the EPRLF in 1995 he continued with his attempts on working for peace and a democratic solution as the Director of the Conflict and Peace Analysis Unit of the think-tank, Center for Policy Alternatives (CPA). His consistent campaign to make human rights central to the peace process, his critique in arguing for a redesign of the Ceasefire Agreement, showed his independence of mind and spirit, intellectual honesty and political integrity. Many progressive Sri Lankans involved in the campaign for peace with democracy and human rights were inspired by Kethesh’s determined campaign for human rights and against political killings.

It is precisely his sense of urgency and concern over human rights and political killings and the slow progress on the part of the Southern political formations in arriving at a formula for a peace settlement to devolve power to the minorities that motivated Kethesh to join the Peace Secretariat. The totalitarian hold of the LTTE on the Tamil polity and the resultant barrenness of the Tamil political terrain, the deafening silence of the Tamil media on the relentless campaign of political killings by the LTTE and other armed groups, leave very little space for people like Kethesh to make a meaningful contribution. It was his unswerving commitment to the cause of the Tamil people winning their legitimate rights within the framework of democratic pluralism that made him to remain in Sri Lanka. At a time when many Tamils chose to leave the island seeking greener pastures abroad, Kethesh’s decision to continue to remain at home, in spite of the security threat he faced, demonstrated his sense of dedication and sacrifice which had been the hallmark of his entire life.

By the political assassination of Kethesh, an intrepid and unequivocal voice for Tamil democracy and human rights has been cruelly silenced by the LTTE.
SLDF calls upon progressive Sri Lankans of all communities to look to Kethesh’ memory and rededicate their commitment and to redouble their efforts in the struggle for human rights and democracy.

6 June 2006, FOR IMMEDIATE RELEASE: SLDF Calls on Norwegian Facilitators to Address Human Rights and Humanitarian Concerns at Upcoming Talks in Oslo

The Norwegian facilitators have invited the Government of Sri Lanka (GOSL) and the LTTE for talks in Oslo on 8 - 9 June 2006 to discuss issues related to the monitoring of the CFA, including the safety of members of the Nordic Sri Lanka Monitoring Mission (SLMM). The Sri Lanka Democracy Forum (SLDF) has consistently called for the protection of human rights to be at the centre of the peace process. In the last few months as incidents of violence in the North and East escalated, the human rights crisis has expanded into a humanitarian crisis. Norwegian Foreign Minister Jonas Gahr Store on 5 April 2006 stated: "Human rights play an important part in all the processes where Norway is involved - and the promotion of human rights and international humanitarian law is a priority of our foreign policy."[1] In the context of Norway's stated principles and the ensuing human rights and humanitarian crisis in Sri Lanka, SLDF calls on the Norwegian facilitators, the GOSL and the LTTE to address human rights and humanitarian concerns in the upcoming talks on monitoring of the Ceasefire Agreement (CFA).

The CFA, and the four years during which it has purportedly held, were supposed to secure the basic rights and dignities of civilians in the conflict-affected areas, initiate the demilitarization of the North and East, and allow a return to normalcy. According to the CFA, both parties would "abstain from hostile acts against the civilian population, including such acts as torture, intimidation, abduction, extortion and harassment" (Article 2.1); would "refrain from engaging in activities or propagating ideas that could offend cultural or religious sensibilities" (Article 2.2) and places of worship would be protected; and, would agree "that search operations and arrests under the Prevention of Terrorism Act shall not take place. Arrests shall be conducted under due process of law in accordance with the Criminal Procedure Code" (Article 2.12).

Instead, the last four years of the ceasefire have enabled the remilitarization of the North and East, the destruction of civil society, and the persecution of civilians through more than 5,000 cases of child recruitment and abduction documented by UNICEF, more than 1,200 allegations of adult abductions documented by SLMM and more than 500 political killings of Tamils. There have also been threats backed by attacks against the Muslim and Sinhalese civilians. In recent months, tens of thousands of people have been displaced, including over 2500 cases of refugees who have reached the shores of South India. The LTTE, the security forces, and the Karuna faction have been responsible for the violence and these human rights abuses. There are also strong allegations against the EPDP for complicity in some killings.

Indeed as stated in its preamble, while the CFA was negotiated and signed between two parties to the conflict, "the Parties further recognize that groups that are not directly party to the conflict are also suffering the consequences of it. This is particularly the case as regards the Muslim population. Therefore, the provisions of this Agreement regarding the security of civilians and their property apply to all inhabitants." And it is these civilians, particularly Tamil, Muslim and Sinhalese civilians living in the North and East, who have suffered the brunt of the CFA violations. It is therefore imperative that, at the upcoming talks in Geneva on the monitoring of the CFA, all parties focus on the following:

Article 2.1 and Protection of Civilians

A comprehensive Human Rights Agreement to be negotiated between the two parties that articulates specific human rights commitments and benchmarks; and
An independent international human rights monitoring mechanism to be agreed upon that will monitor and verify the Agreement.

Effective Monitoring of the CFA

The SLMM is the only method of accountability envisioned by the CFA, and thus is critical to the CFA's effectiveness. Public confidence in the legitimacy and effectiveness of the SLMM would be undermined by the frequent violations of the CFA and the rulings of the SLMM and hence both parties should commit themselves to comply with its rulings. Furthermore, an expansion of the SLMM is required for it to adequately fulfil its mandate:

The number of monitors should be increased, as well as the areas they cover. In particular, it is important that the SLMM has access to the LTTE controlled areas of the Vanni including Kilinochchi, Mannar and Mullaithivu so that it can address allegations of adult abductions, torture, recruitment and use of child soldiers, and the enforced arming and training of civilians.
It is essential that monitors with human rights expertise are included in the SLMM, as the majority of violations they investigate will also be human rights violations.

Demilitarisation of the North and East and Humanitarian Concerns

The culture of fear and impunity prevalent in the North and East, has contributed to a humanitarian crisis leading to the displacement of civilians of all the communities and particularly Tamils. Civilians have been further endangered through their enforced participation in LTTE-led armed training as so-called self-defence and border forces. By falsely and cynically putting the responsibility on the 'angry Tamil civilians' for the ongoing spate of grenade and landmine attacks on the security forces, the LTTE has exposed Tamil civilians to direct confrontation with the security services. By using civilians in this manner, the LTTE has blurred the dividing line between civilians and combatants, placing civilians at grave risk. International Humanitarian Law (IHL) explicitly forbids placing civilians at risk even during times of conflict. In order to restore conditions of normalcy and for a sustainable ceasefire, both parties should commit themselves to initiatives that point towards demilitarisation and SLDF calls for the following:

At least during the currency of the CFA and the peace process, the parties should eschew the use of violence or the threat of use of violence at all times. The parties should seek to use exclusively peaceful means and not to use the threat of a resumption of war to achieve their goals.
Both parties should agree to the respective landmine ban treaties for governments and non-state actors; the Ottawa Treaty and Geneva Call's Deed of Commitment respectively.
The LTTE's targeting of civilians, unarmed soldiers and unarmed CFA monitors all amounts to grave violations of International Humanitarian Law. The LTTE should cease forthwith its ongoing campaign of grenade, landmine and naval attacks on the security forces and must make a commitment not to target civilians, including through its front organizations, such as the notice to evict Muslims from Mutur on 29 May 2006 and its massacres of Sinhalese civilians.
The GOSL should send a clear signal to the security forces and armed groups that attacks on civilians will not be tolerated. It should expeditiously investigate attacks against civilians such as the brutal extrajudicial killings of five Tamil youth in Trincomalee on 2 January 2006 and the massacre of thirteen civilians in Kayts on 13 May 2006 and bring the perpetrators to justice. A first step towards addressing the issue is to publicly acknowledge and denounce the human rights violations of the security forces and armed groups operating in government controlled areas.
The GOSL in the Oslo talks should reiterate its commitment to explore ratification, and indeed move urgently to ratify the Rome Statute of the International Criminal Court to illustrate its commitment and as a deterrent step against war crimes and crimes against humanity.
A declaration of 'zones of peace', in which places of worship, educational institutions, hospitals and shelters for the displaced will be demilitarised so that some restoration of normalcy is possible.
The GOSL should ensure that the humanitarian needs of all the communities in the North and East are met. The transportation of goods including medical supplies should not be interrupted, particularly in the context of a large number of displaced. The GOSL should enlist the support of international NGOs where necessary to meet the needs of such affected populations. The LTTE should not transport arms including explosives and landmines into government-controlled territory, which is not only a violation of the CFA but also jeopardises humanitarian concerns.

[1] Minister of Foreign Affairs Jonas Gahr Støre
The Role of Human Rights in Peace Agreements - Norway's facilitation of peace processes
Seminar in Bern, Switzerland, on 5 April 2006
http://odin.dep.no/ud/english/news/speeches/minister_a/032171-090557/dok-bn.html

6 June 2006, FOR IMMEDIATE RELEASE: SLDF Condemns JVP and PNM Opportunism - a Grave Impediment to a Political Solution

SLDF is deeply concerned by the recent statements by leaders of the Peoples Liberation Front (JVP) and Patriotic National Movement (PNM) opposing domestic efforts and international support for the protection of human rights and moves towards a political solution as an attack on Sri Lanka's "sovereignty". In response to the Co-Chairs statement calling on the government to rein in Tamil armed groups responsible for attacks, Wimal Weerawansa, who is both the Propaganda Secretary of the JVP and the General Secretary of the PNM, as reported on the BBC on 31 May 2006 criticized that call claiming it was the imposition of "imperialist policies" and further stated: "Those international leaders have forgotten that Sri Lanka is a sovereign country with a democratically elected government." This raises serious doubts as to the JVP's and the PNM's true intentions towards the minorities and consequently its commitment to the peace process. SLDF calls upon the JVP and PNM to abandon their politics of narrow ethnic nationalism and stop promoting Sinhala chauvinism and instead, support efforts to bring about a political consensus, which would expedite constitutional reform with the devolution of power and power sharing with the minorities within the framework of a united Sri Lanka.

SLDF has consistently stood for a principled peace process and a political solution based on democracy, pluralism and human rights. In its quest for justice in Sri Lanka, SLDF has never wavered from criticism of either the international actors nor the domestic actors, whether they be the Co-Chairs, the Norwegian facilitators, the Government of Sri Lanka (GOSL) or the LTTE. However, the international community, particularly the Co-Chairs and India should be congratulated for their recent moves which have provided an opportune moment for the rejuvenation of the peace process through a parallel process aimed at state reform. The JVP's recent statements betray an attempt to scuttle such a parallel process towards state reform, much like the manner in which the LTTE has held the Norwegian facilitated peace process hostage to its own interests. If the JVP for its own opportunistic interests inhibits the long awaited process of state reform that addresses the legitimate rights and aspirations of the minorities, it too should bear the responsibility for a war that will be devastating for all of Sri Lanka, and particularly the rural Sinhala youth it claims to represent.

The JVP and the PNM have reacted to any international criticism of the GOSL. However, such criticism is not unwarranted, since neither this government nor the previous ones have for their part made much progress in working towards a negotiated settlement in the spirit of the Oslo Declaration of 2002. It is precisely this failure to address the crucial issue of devolution that has ensured the power and stranglehold of the LTTE over the Tamil people. It would have been far more desirable if Sri Lanka's political leadership had found the courage and vision to find a lasting negotiated settlement to the ethnic conflict without the assistance of international actors who then could not have had the opportunity to 'interfere' in Sri Lanka's internal affairs. However, we would remind the JVP and the PNM that regrettably several successive governments of Sri Lanka had to seek international assistance to solve the crisis as they had already allowed their sovereignty over the Tamil regions to erode, through their own omissions and commissions. The PNM in its primary stated aim claims: "To resist any attempt at the division of the country in the name of devolution of power. To preserve sovereignty of the Nation and the territorial integrity of the country." However, sovereignty comes with responsibilities of democratic governance, which should address the rights and aspirations of all its communities. The slogan that devolution will lead to separation is a slogan for ultra rightwing Sinhala chauvinists and nationalists.

Sinhala chauvinists and narrow ethnic nationalists in the South along with those who have been in power in government have to take the first blame for this sad state of affairs, which arose as a consequence of decades of discrimination, through legislation and by practice against the minorities; the terror and brutality experienced by minority populations, in particular the Tamil people, at the hands of the security forces and private armies of political parties. The only solution that the JVP has to offer is that it will treat members of all communities equally, if it ever came to power. The mere utterance of this platitude makes a sheer mockery of the sufferings of the Tamil people and their quest for justice and dignity. Even the architects of communal politics, the UNP and the SLFP who in the past made precisely these claims have now gone beyond this position as the days of placating the minorities that they will be treated equally are long gone. It is important that they are given the space to live peacefully, secure in the knowledge and belief that they have control over their development and future.

In a letter responding to the Tamil United Liberation Front President V. Anandasangaree's call for the JVP to work towards a political solution, the JVP Politburo on 22 March 2006 wrote: "JVP does not accept devolution of power for various ethnic groups or a federal system of government as a solution for the national question in Sri Lanka. The outcome of such a course of action will be the intensification of the differences and inequalities that already exist among different communities." Such statements by the JVP reflect both its insensitivity and the lack of understanding of the legacy of the conflict and betrays an irresponsibility unbecoming of the third largest political party in parliament. The JVP in that same letter goes onto state the following about Tamils living outside the North and East: "Tamils living freely in other areas among these other communities are a living example of our goal of a viable, vibrant, multi-ethnic multi-cultural and multi-religious unitary state that we propose which fortifies total democracy and total equality for all." This is an utter dismissal of the day-to-day structural discrimination and lack of security faced by the minority communities living in the South. Rather it calls for state reform to go beyond the devolution of power and as repeatedly demanded by SLDF, calls for urgent progress on issues including institutional capacity to implement bilingualism and security sector reform.

It is no secret that in the South a 'them and us' political culture had developed vis-à-vis the minorities. The JVP also in the past contributed to this and even now its language and rhetoric betray the same bias, because it is unable to countenance the hard reality that the political aspirations of the minorities have to be respected. The history of the JVP has shown us that it has consistently worked against any form of devolution to the minorities, indeed from the outset when the Indo Lanka Accord was signed. Neither the Tamil people nor the many progressive voices within the Sinhala community who valiantly supported the Tamils' right to self-determination can ever forget the JVP's record on this issue. The many progressive Sinhala activists who fell victim to JVP terror simply because they voiced their support for minority rights are in the collective memories of progressive Sri Lankans who advocate human rights and democracy in Sri Lanka. To date, the JVP has not carried out any self-criticism for the terror it unleashed on the people, which is essential if it were to make a genuine transformation into democratic politics.

The government and the people of Sri Lanka at this eleventh hour need to salvage the peace process, as only peace will assure the security and future of not just the Tamils, but of all the communities. The demand for devolution, power sharing and autonomy arose out of decades long experiences of insecurity, of having been consistently discriminated against and having state terror visit upon them. Even though the major political parties in government have publicly acknowledged that the Tamils and Muslims have grievances, very little effort has been taken to challenge and breakdown communal and racist attitudes in the various walks of state bureaucracy and within the security forces. This is evidenced by the fact that despite numerous claims of investigations not one person has been convicted for the continuing atrocities of extrajudicial killings carried out by the security forces against ordinary Tamil civilians. The court decision in the Bindunuwewa massacre, the recent atrocities perpetrated by the security forces in Trincomalee in the extrajudicial killing of five Tamil youth on 2 January 2006 and the massacre of thirteen civilians in Kayts on 13 May 2006 are only a few examples of institutionalised Sinhala chauvinism against the minorities.

The JVP is tellingly silent about the recent atrocities committed by the security forces in Trincomalee and Jaffna. In light of this, its claim that it would act fairly and give equal treatment to minorities rings hollow. Instead what progressive Sri Lankans are reminded of is that the JVP has not recanted its past and has not disavowed its earlier positions on minority rights and devolution of power. In fact its position on the ethnic question is similar to the positions held by the major political parties more than two decades ago. There has now been much water under the bridge. The JVP, which claims to have a 'left' heritage, either consorts unashamedly or competes for the constituency of die-hard Sinhala chauvinist elements such as the JHU. It dresses its communalism in patriotic rhetoric and claims to be the champion of Sri Lankan 'nationhood and sovereignty' against 'imperialist' forces'.

SLDF calls upon the JVP to sever its links with Sinhala chauvinism and mobilise its considerable energies to actively work towards a political solution that meets the aspirations of the Tamil and Muslim people.

SLDF calls on the JVP to review its position on the national question, and agree to the devolution of power and power sharing within a "united" Sri Lanka.

SLDF calls on President Rajapakse to be not held hostage by any political party in the South and to initiate a transparent process to achieve a political solution that meets the aspirations of the Tamil and Muslim people.

SLDF calls on President Rajapakse to reiterate the Oslo Declaration of 2002 to explore federalism and make public a roadmap for a political solution as agreed to by the GOSL in the Tokyo Declaration of 2003.

23 May 2006, FOR IMMEDIATE RELEASE: SLDF Calls on Sri Lanka Donor Co-Chairs to Pressure the Government of Sri Lanka to End Extrajudicial Killings and Move on State Reform

The Sri Lanka Democracy Forum (SLDF) condemns in the strongest terms the continuing extrajudicial killings by the LTTE, the Sri Lankan Security Forces, and other armed groups. The right to life is the most fundamental of all rights, and as the threat of all out war looms above Sri Lanka SLDF fears that civilian life will become even more expendable than ever before. In light of the deteriorating security situation, SLDF wishes to endorse and highlight the findings and recommendations of Philip Alston, the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, who has stated that, "human rights must be made central to both the peace process and the general system of governance."

The LTTE and International Engagement

The peace process and governance in Sri Lanka have been held hostage by the LTTE's repeated threats to resume the war, and what since December 2005, SLDF has called the LTTE's "undeclared war." SLDF calls for the imposition of maximum international pressure against the LTTE for jeopardizing the peace process and deliberately placing the civilian population in grave danger of war, which also entails a humanitarian and human rights crisis. In the past, the international community had not taken clear positions on issues such as the LTTE's undemocratic claim of "sole representation", or a commitment to a constitutional solution, or an early commitment towards demilitarisation. These are characteristic of the shortcomings of the Norwegian facilitated peace process.

Norwegian mediator Mr. Solheim has recently stated as reported by AFP, that with the proposed EU ban on the LTTE, Norway may become one of the few "impartial" international actors in the Sri Lankan peace process. Instead of conducting the peace process as a bipolar affair where the 'balance' between both sides was maintained at any cost, a principled and even handed adherence to international norms of human rights and democracy should have governed the peace process. Indeed if that were the approach from the outset, the EU may not have had to resort to the ban on the LTTE today.

Any future engagement by the Co-Chairs and the international community needs to be informed by the Tokyo Declaration of June 2003 and be based on internationally acceptable principles and processes that would ensure the protection of human rights, the promotion of democracy and the rejuvenation of good governance. The March 2006 report by the UN Special Rapporteur Philip Alston and the May 2006 European Parliament resolution are fine examples of principled engagement by the international community.

Extrajudicial Killings, State Reform and the International Community

The LTTE's wanton belligerence should not deflect attention from the pressing need for constitutional reform and major reforms of state institutions such as the security forces and the judiciary. The brutal attacks against innocent civilians in recent weeks and the complete impunity with which these attacks have been countenanced amply underscore the urgency of such change. The Co-Chairs and the international community should exert strong pressure on the Government of Sri Lanka (GOSL) - which claims to represent all its communities - to end extrajudicial killings being committed with impunity by the security forces. The government's legitimacy will remain severely compromised until it ends the culture of impunity and moves on constitutional reforms that will devolve and share power with its minority communities.

The recent extrajudicial killings and massacres by the security forces such as the January 2nd murder of the five Tamil students in Trincomalee and the May 13th massacre in Kayts reflect the grave deterioration of command and responsibility. Even at this late hour, the government can only regain its legitimacy if there are speedy and impartial prosecutions that bring the perpetrators to justice. Furthermore, there is an urgent need for an international mechanism on the ground that can carry out impartial investigations and provide witness protection. The need for such mechanisms is reflected in the minority communities' overall lack of confidence in the security forces. This lack of confidence is only reasonable when the Inspector General of Police, Chandra Fernando, claims of the Kayts massacre that "no evidence has been received to the effect that the security forces personnel were involved in the killings." Such statements suggest cover up, particularly when SLDF in addition to local and international human rights groups have received confirmed reports of Naval personnel carrying out the massacre. The GOSL at the highest levels should be held responsible for these ethnically motivated human rights violations and the complacency with which they have been addressed.

The GOSL has failed to challenge and weaken Sinhala chauvinist forces both within and outside the state structures, not only by failing to protect the human rights of Tamil and Muslim citizens, but also by failing to institute constitutional reforms guaranteeing the autonomy of minority communities. There is an urgent need for constitutional reform based on the devolution of power to the regions and mechanisms of power sharing at the centre, within the framework of a united Sri Lanka. The GOSL should table a proposal for constitutional reform in the spirit of the 1995 proposals as a first step towards regaining the confidence of minority communities.

The GOSL should prepare a roadmap for state reform that can assist the people of Sri Lanka - who alone can decide on constitutional reform leading towards a political solution - in ensuring acceptable structures of governance. Such a roadmap should be made public, and should include concrete milestones for state reform such as the formation of a constituent assembly, the creation of institutional capacity to implement bilingualism and security sector reform. The recent unconstitutional appointment of the commissioners for the Human Rights Commission questions the government's commitment to such state reform. The Co-Chairs and the international community should engage the GOSL on a parallel process towards such state reform, particularly given the LTTE's refusal to progress on the Norwegian facilitated peace process.

The Co-Chairs and the international community should focus their energies on averting a return to war, while ensuring progress on a principled roadmap for state reform. Maximum international pressure should be brought to bear on the Sri Lankan state and the LTTE on issues such as extrajudicial killings, war crimes, and crimes against humanity. Good and sustainable governance however requires the development of independent local institutions. One of the consequences of the internationalisation of the peace process has been the enactment of state reforms merely to gain legitimacy in the international arena. Ultimately, human rights, democracy and pluralism in Sri Lanka will be as strong as its institutions and political culture; principled and firm international engagement should seek to be effective in this regard.

18 April 2006, FOR IMMEDIATE RELEASE: SLDF Condemns the LTTE's Undeclared War and Calls on the Government to Protect Human Rights and Progress Towards a Permanent Political Solution

The Sri Lanka Democracy Forum (SLDF) unequivocally condemns the resumption of an "undeclared war" by the LTTE. The continuous provocation and slaughter of members of the armed forces by the LTTE when a ceasefire is being observed, has also led to the death of many civilians and places the entire civilian population at great risk. SLDF calls on the international community to continue to send strong signals to the LTTE through sanctions and other measures of deterrence - as it is only to these that the LTTE appears to be responsive - until the LTTE demonstrates a genuine commitment to adhere to the Ceasefire Agreement (CFA) and cease all acts of violence including political killings and child recruitment.

Following strong pressure from the United States calling on the LTTE to go to talks in Geneva in February 2006, the LTTE had reduced the number of political killings and military attacks. However, in the weeks leading up to the second round of talks in Geneva, the LTTE has resumed its "undeclared war". More than seventy civilians and soldiers have been killed in the last three weeks alone. And yet, the LTTE continues its brutal attacks while prevaricating with infantile complaints about the protocols for transporting its Eastern Commanders. This adamant refusal to cooperate with the Sri Lanka Monitoring Mission (SLMM) facilitation of sea transport for LTTE Commanders prompted SLMM spokesperson Helen Olafsdottir to state, "It is ridiculous. It was part of the agreement. The rebels should have read the clauses carefully. We are frustrated." Indeed, the LTTE has consistently sought to disrupt the peace process at every stage and worse, has deliberately caused the loss of hundreds of lives during the four years of the ceasefire.

Confidence Building - a flawed strategy?

SLDF believes that the grave situation and continuing loss of life are inherent in the logic of the Norwegian facilitated peace process, which relied on "confidence building" measures as the foundation of a two-party peace process between the LTTE and the Government of Sri Lanka (GOSL). The CFA and the post-CFA environment should have ensured an end to political killings and child recruitment, which it could have achieved through adequate provisions for human rights monitoring and through penalties for parties that violate the CFA. That is, instead of an excessive focus on "confidence building" between the LTTE and the GOSL, the plight of civilians should have been central to the formulation and verification of the CFA. In the absence of any genuine commitment to the rights and security of civilians, the LTTE, while making token gestures to deflect international pressure, has continued to militarise civil society in the North and East by controlling social institutions, carrying out political killings and recruiting children into its ranks. While killings and child recruitment continue - including the war crime of recruiting children below the age of fifteen - there can be no talk of "confidence building". Indeed, "confidence building" as a conflict resolution tool in the Sri Lankan context has consistently proven to be a flawed strategy. Only concrete acts of sanctions and pressure from the international community for acts of violence that can rein in the current situation, rather than the unwarranted according of legitimacy for "confidence building" measures.

GOSL must act promptly to halt further violence against minority communities

The GOSL cannot hide behind the LTTE's violations and hope to bolster its legitimacy. Indeed, during the last six months, there has been increasing evidence of human rights violations by arms of the Sri Lankan state. There are also credible allegations of state complicity and backing in killings carried out by Tamil armed groups including, but not limited to, the Karuna faction. The GOSL has not produced any tangible evidence or conclusions from the numerous 'commissions of inquiry' and investigations into these various killings and particularly those attributed to the state. Neither have there been actions against, nor removal of, officials responsible for atrocities such as the December 2005 execution-style murder of five Tamil students in Trincomalee.

The GOSL has not so far deployed appropriate measures to stop the escalation of violence in Trincomalee and offer protection to all three communities. SLDF calls upon the GOSL to identify the perpetrators of attacks against the civilian population of Trincomalee, particularly of the minority communities, and bring them to justice. Indeed Trincomalee district continues to be the flashpoint of violence, and if the GOSL cannot institute credible measures to ensure the impartial and effective administration of the law, it should consider inviting international peace keeping monitors with enforcement powers from the Donor Co-Chairs and India, to ensure the security of all three ethnic communities in Trincomalee.

The GOSL should take clear steps, such as ratification of the Rome Statute of the International Criminal Court, to demonstrate its commitment to protect human rights and to end impunity. SLDF has consistently called for independent international human rights monitors. At this critical juncture, we demand that the GOSL make clear its position on international human rights monitoring by publicly calling for United Nations or European Union-led human rights monitoring.

Call to GOSL to reaffirm commitment to permanent political solution

In the past, SLDF has called for progress in formulating a permanent political solution and a genuine commitment to reform of the state and its institutions to ensure good governance. The GOSL can no longer avoid addressing the concerns of the minorities in a meaningful manner by pointing to LTTE belligerence.

SLDF calls on the GOSL to demonstrate its commitment to peace and the rights of its minority communities by unilaterally taking steps towards a permanent political solution. The GOSL should first publicly state its commitment to the devolution of power in a "united" Sri Lanka. It should also publicly reiterate its commitment to the Oslo and Tokyo Declarations, by exploring federalism and outlining a viable roadmap for a permanent political solution.

Finally, the GOSL should make public any consensus on the substance of the devolution of power in the spirit of the 1995 proposals, and begin a national debate on the devolution of power and mechanisms for power sharing with the minority communities of Sri Lanka.

20 February 2006, FOR IMMEDIATE RELEASE: SLDF Calls for Human Rights and Human Security to be at the Center of Geneva Talks

The Sri Lanka Democracy Forum calls on the Government of Sri Lanka (GoSL), the Liberation Tigers of Tamil Eelam (LTTE), the Norwegian facilitators and the international community to ensure the implementation of the Ceasefire Agreement (CFA) at the upcoming talks in Geneva, with a focus on the protection of civilians through the human rights provisions in the CFA and through additional human rights mechanisms.

Instead, the last four years of the ceasefire have enabled the remilitarization of the North and East, the destruction of civil society, and the persecution of civilians through more than 5,000 cases of child recruitment and abduction documented by UNICEF, more than 1,200 allegations of adult abductions documented by SLMM, more than 300 political killings of Tamils who oppose the LTTE, and attacks against the Muslim community, both documented by human rights groups. The LTTE has also consistently disenfranchised Tamils in democratic elections. In recent months, civilians have also come under attack by the security forces, most notably in the retaliatory killings targeting civilians in Mannar and Trincomalee.

Indeed as stated in the preamble, while the CFA was negotiated and signed between two parties to the conflict, "the Parties further recognize that groups that are not directly party to the conflict are also suffering the consequences of it. This is particularly the case as regards the Muslim population. Therefore, the provisions of this Agreement regarding the security of civilians and their property apply to all inhabitants." And it is these civilians, particularly Muslim and Tamil civilians living in the North and East, that have suffered the brunt of the CFA violations. It is therefore imperative that, at the upcoming talks in Geneva on the implementation of the CFA, all parties focus on the following:

Article 2.1 and Protection of Civilians

Given that the vast majority of CFA violations have in fact been human rights violations against civilians, there is an urgent need to focus on the strengthening and implementation of Article 2.1. As such, it is imperative that the centrality of civilian security and human rights is made clear to both parties and that both parties agree to discuss and implement the following after the Geneva talks:
· A comprehensive Human Rights Agreement to be negotiated between the two parties that articulates specific human rights commitments and benchmarks; and
· An independent international human rights monitoring mechanism to be agreed upon that will monitor and verify the Agreement.

Effective Monitoring of the CFA

The Sri Lanka Monitoring Mission (SLMM) is the only method of accountability envisioned by the CFA, and thus is critical to the CFA's effectiveness. An expansion of the SLMM is required for it to adequately fulfil its mandate:
· The number of monitors should be increased, as well as the areas they cover. In particular, it is important that the SLMM has access to Kilinochchi and Mullaithivu so that it can address allegations of adult abductions, torture, recruitment and use of child soldiers, and the arming of civilians.
· It is essential that monitors with human rights expertise are included in the SLMM, as the majority of violations they investigate will also be human rights violations.
· In addition to expanding the expertise of SLMM monitors, greater diversity should be sought in terms of countries from which monitors are drawn; in this regard, the Head of the SLMM should be changed from Norway to another country.

Demilitarisation of the North and East

Civilians have been further endangered through their enforced participation in 'civilian demonstrations' and through LTTE-led armed training as border forces. By using civilians in this manner, the LTTE blurs the line between civilian and combatant and seeks to provoke the security forces, placing civilians at grave risk of excessive army retaliation. The forced use of civilians in 'civilian provocation' and in border forces, and the excessive responses they in turn provoke, further compromise the security of civilians in the North and East. In order to restore conditions of normalcy and for a sustainable ceasefire, both parties should commit to initiatives that point towards demilitarisation and SLDF calls for the following:
· A moratorium on the war, so that the constant and imminent threat of war cannot be used to justify and sustain the remilitarisation of the North and East.
· Both parties should agree to the respective landmine ban treaties for governments and non-state actors; the Ottawa Treaty and Geneva Call's Deed of Commitment respectively.
· The Government to send a clear signal to the security forces that attacks on civilians will not be tolerated with impunity. It should expeditiously investigate attacks against civilians and bring perpetrators to justice.
· A declaration of 'zones of peace', in which places of worship, educational institutions, and hospitals will be demilitarised so that some restoration of normalcy is possible.

On the "Karuna faction"

Since the split in March 2004, SLDF has consistently insisted that the issue of the Karuna faction must be dealt with politically and not militarily. SLDF did not agree with Norwegian Facilitator Erik Solheim's characterisation of the split as an "internal problem" of the LTTE; indeed, allowing the issue to be dealt with internally led to fighting in contravention of the CFA, and in particular, to the deaths of many child combatants forced to fight one another. Instead, the Karuna split and the Karuna faction is an issue that affects all the communities in the East, the LTTE and the GOSL. A transparent and accountable solution should be found which ensures an end to the violence and safety of the combatants and supporters of the Karuna faction, including their right to do political work in the East. In general, it is important that terms such as 'paramilitaries' or 'spoilers' not be used to dismiss and marginalise those who oppose or criticize the LTTE, the GoSL or for that matter the Norwegian facilitators and the international community.

The CFA and the Peace Process

No CFA can be sustainable without measures towards demilitarisation of the conflict zones and progress on the peace process. It is critical that both parties make commitments to demilitarisation, including benchmarks that reflect that commitment such as decreasing the military budget, an end to smuggling of arms, recruitment and expansion of forces. The LTTE had unilaterally pulled out of peace talks almost three years ago, and should make a commitment to return to talks to discuss core issues. As articulated in the Tokyo Declaration, there is a need for a roadmap that leads to a permanent political solution, including an "Agreement by the Government of Sri Lanka and the LTTE on a phased, balanced, and verifiable de-escalation, de-militarization and normalization process at an appropriate time in the context of arriving at a political settlement."

Although the upcoming talks are about resuming preliminary discussions about the strengthening of the CFA, which is the immediate and initial concern, it is critical to recall that the ultimate objective of these talks is to resume the peace process and to explore models of devolving power in the spirit of the Oslo Declaration. In the past, both parties have relied on a variety of diversionary tactics to stall discussions on a permanent political solution. However, the last four years have clearly, and often brutally, demonstrated that neither security nor peace are attainable without a permanent negotiated settlement that addresses the aspirations of all the minorities of Sri Lanka.

29 December 2005, FOR IMMEDIATE RELEASE: SLDF Alarmed by Deterioration of Security Situation and Calls for Pressure and Mechanisms to Ensure Protection of Human Rights and End to Violence

The North and East of Sri Lanka have been mired in escalating violence in the last month with the LTTE's initiation of an "undeclared war" and the retaliatory violent response of the security forces. Civilians have come under attack by the security forces, the LTTE, and Karuna's forces; this has included the murder of Tamil National Alliance Member of Parliament Joseph Pararajasingham and injury to several others during a crowded Christmas mass. Following the abduction of PLOTE Central Committee member Sinnathamby Ganeshalingam (alias Farook) on 12 December 2005, a senior PLOTE member Veerapppan Thirupathy was shot dead in Vavuniya on Christmas day. In Batticaloa, eighteen year old Vallinayagi Thambirajah was shot dead and her father was injured on the 23 December 2005 when armed men came looking for her brother. At least forty members of the security forces have been killed and many more injured in blatant violations of the ceasefire by the LTTE. This continuing violence and the ensuing climate of impunity threaten the future of the people of Sri Lanka, and of the North and East in particular. The two parties to the Ceasefire Agreement (CFA), the Government of Sri Lanka (GOSL) and the LTTE, have failed to take immediate steps to end this spiralling violence. SLDF calls on civil society actors and the international community to pressure both parties to arrest the continuing violence and to initiate campaigns and mechanisms that will bring about an end to this violence and that will ensure the protection of human rights.

The LTTE has initiated an "undeclared war" in the North and East, following the LTTE leader's Heroes Day speech, in which he threatened to resume the war next year. Since then, the LTTE has carried out numerous attacks on the security forces, the most prominent of which have been four land mine attacks leading to the death of about forty security forces personnel, an attack on two Naval boats, and firing at a helicopter. Such calculated violence has been initiated to provoke the armed forces so that, in retaliation, they will be seen to precipitate the end of the four year long CFA and peace process. The LTTE has also contemptuously ignored repeated calls by the Donor Co-Chairs and the Sri Lanka Monitoring Mission (SLMM) to cease such blatant acts of violence and provocation. The people of the North and East, who have suffered two decades of war and the aftermath of the tsunami, cannot afford the consequences of another war. In waging this "undeclared war" and initiating provocative actions against the security forces, the LTTE deliberately puts civilians at risk, underscoring the fact that its interests are in direct contradiction with the interests of the people of the North and East. SLDF condemns the LTTE's "undeclared war" in the strongest terms as it is once again taking the people of the North and East and the whole country into this dangerous precipice of an all out civil war.

The security forces have grossly violated basic norms of policing when responding to provocations, which have included stone throwing protests. SLDF condemns the attacks by the army on a protest organized by the students and lecturers of the Jaffna University on 19 December 2005. SLDF is aware that the protest was engineered by the LTTE, and that it was accompanied by violent incidents. These included, according to Hagrup Haukland, Head of the SLMM, an attempt by the "protesters" to forcibly enter the SLMM office in Jaffna. Haukland further stated, "This could not be called a peaceful demonstration. It was a very dangerous thing." However, the army's retaliatory response of attacking the protesters by firing live ammunition into the crowd was indiscriminate, excessive and unwarranted. Furthermore, SLDF has learned that in Mannar security forces have attacked and killed a mother and a child with at least two others unaccounted for, following the land mine attack on a Navy convoy which killed at least thirteen Navy personnel. SLDF unequivocally condemns such attacks on civilians. SLDF demands that the GOSL carry out an immediate investigation into these attacks and brings the perpetrators to justice. It is imperative that the security forces do not repeat their behaviour of the 1980s and 1990s, when they systematically abused the basic rights of, and persecuted, Tamil civilians in the name of counter-offensives.

During Christmas mass, Tamil National Alliance MP Joseph Pararajasingham was shot dead and a few others were seriously injured. SLDF strongly condemns this brutal murder of an unarmed parliamentarian. Irrespective of his political positions, Pararajasingham's rights to life, freedom of expression, and political association deserved absolute protection. Moreover, that these rights were so brutally violated among unsuspecting people gathered in a place of worship reveals the dangerous degree to which gun culture has become entrenched in Tamil politics. In this regard, the abduction and murder of senior PLOTE members mentioned above are also serious attacks on democracy.

It is not yet clear who assassinated MP Pararajasingham and the LTTE and the government have been trading accusations. Some local sources point to the Karuna faction as responsible for this brutal murder. If indeed the Karuna faction carried out this killing, it is a grim reminder of the Karuna factions' brutal past as the LTTE's Eastern Command, and points to serious concerns about the possibility of its future transformation into democratic politics. SLDF demands the government carry out a full investigation and make its findings public.

In this climate of impunity and escalating violence, SLDF demands the following:

The LTTE to immediately halt their "undeclared war" and immediately agree to talks with the GOSL to strengthen the CFA.

While the LTTE and its allied organisations have every right to engage in peaceful protests and marches, it should desist from deploying forcible and intimidatory measures to coerce civilians and students to participate in such protests, which are quite often marked by violent incidents designed and aimed at provoking retaliation from the security forces.

The GOSL should send a clear message to the security forces to show restraint and not be provoked by such attacks. It should unequivocally condemn and prevent any indiscriminate or disproportionate retaliatory action by the security forces on the pretext of provocation. To this end, any security forces personnel involved in human rights violations should be brought to justice. The GOSL should ratify the Rome Statute of the International Criminal Court to illustrate its commitment to human rights.

The lack of a positive direction at the political level and the absence of any meaningful movement in the peace process are self-evident. The President and his government should realise the urgency of the situation and move forward on forging a Southern consensus for a political solution and make public his proposals for substantive devolution of power.

SLDF supports recent anti-war protests in Colombo by civil society actors and calls for the formation of broad coalitions for an anti-war movement and similar anti-war demonstrations in the Diaspora. SLDF reiterates its demand that educational institutions, hospitals and religious institutions be designated and respected as "zones of peace". SLDF supports the call from the human rights community and reiterates its demand for independent international human rights monitors given the escalating human rights crisis.

The international community should use maximum pressure on the LTTE, including the application of appropriate and punitive sanctions, to end its "undeclared war" and to return to the negotiating table. Recognizing the limitations of the SLMM, which has now withdrawn from monitoring of the Jaffna peninsula because they cannot guarantee the safety of their personal, the international community, and particularly the Donor Co-Chairs and India, should consider the induction of peace keeping monitors with enforcement powers that could keep both parties to the conflict and particularly the LTTE from resuming a full scale war.

15 December 2005, FOR IMMEDIATE RELEASE: SLDF Calls on Donor Co-Chairs to Push for a Southern Consensus on a Permanent Political Solution and Reform of the Sri Lankan State

The Sri Lanka Democracy Forum (SLDF) is alarmed by the escalation of violence in the North and East, which threatens the possibility of reaching a negotiated political solution to the conflict. The LTTE has consistently violated the Ceasefire Agreement (CFA) and is responsible for human rights violations and attacks on democracy throughout the ceasefire. In writing to the Sri Lanka Donor Co-Chairs on 15 September 2005, SLDF called on them to support a redesign of the peace process that would "address issues of continuity, inclusivity, democratisation, the protection of human rights, as well as the root causes of the conflict and its consequences." In their statement on 19 September 2005, the Co-Chairs called on the LTTE "to take immediate public steps to demonstrate their commitment to the peace process and their willingness to change. An immediate end to political assassinations by the LTTE and an end to LTTE recruitment of child soldiers are two such steps."

However, the LTTE has intensified its attacks on democracy, human rights and has further jeopardised the ceasefire. In essence, the LTTE is holding Sri Lanka's peace process and prospects of a negotiated solution hostage to the constant threat of resuming their "struggle", a euphemism for returning to war. Indeed, the recent spate of claymore mine attacks in Jaffna and the East is tantamount to the LTTE waging an "undeclared war."

It is imperative that the LTTE's belligerence should not become an excuse for the Sri Lankan State and Southern political formations to ignore minority aspirations and the need for a permanent political solution. SLDF calls on the Sri Lanka Donor Co-Chairs to take the lead within the international community in applying further sanctions on the LTTE, while pressuring the South to reach a consensus on a permanent political solution, and to support reform of the Sri Lankan State.

Attacks on Democracy and the Muslim Minority

In the 2005 Presidential election, the LTTE disenfranchised almost all Tamils living in the North and East by creating an atmosphere of terror and repression through the calculated use of violence. Both local and international election monitors have documented the intimidation and violence of the LTTE's enforced 'boycott' of the elections in the North and East. Furthermore, in its attempts to control the population of the North and East, the LTTE has taken the dangerous step of targeting Muslim civilians to foment inter-ethnic violence and destabilize the East. Its disdain for human dignity was evident in its attack on the Akkaraipattu Grand Mosque on 18 November 2005, a day after the Presidential elections.

During the last two weeks, the LTTE has been attacking soldiers and policemen performing their duties in an attempt to provoke war. There have also been a number of documented cases of killings by the Karuna faction and strong allegations against State complicity in killings, each of which should be condemned in the strongest terms and checked. However, the LTTE can not hide behind a rationale of retribution - its killings over the last few years have been of a qualitatively and quantitatively different nature. Indeed, through its actions during the ceasefire, and its attacks in the last month, the LTTE has consistently demonstrated a lack of commitment to democracy, human rights and inter-ethnic co-existence, and that it is not a committed or credible partner to a principled peace process. The Donor Co-Chairs should take the lead in the international community to expand sanctions and penalties, until the LTTE is willing to abide by norms of human rights and democracy crucial for any serious peace process.

Consensus for a Permanent Political Solution

The LTTE's gross intransigence must not divert the Co-Chairs' engagement with the South in Sri Lanka towards a permanent political solution. There are concerns regarding the new Sri Lankan President Mahinda Rajapakse's commitment to a political solution that adequately addresses minority aspirations. The Tokyo Declaration, which was signed by the international community and the Government of Sri Lanka (GOSL), is particularly relevant at this moment when the LTTE is threatening to return to war. The Co-Chairs mandate and their role in the Sri Lankan peace process was articulated through the Tokyo Donor Conference, which the LTTE boycotted. At this time, the Co-Chairs should reiterate their commitment to the Tokyo Declaration - which urged the LTTE and GOSL "to move expeditiously to a lasting and equitable political settlement. Such a settlement should be based upon respect for human rights, democracy and the rule of law" - and hold the GOSL to the principles therein.

SLDF calls on the Co-Chairs and the international community to insist that the GOSL stand by its obligations to meet the humanitarian and economic needs in the North and East, which were not only articulated in the Tokyo Declaration but also constitutes the duty of any responsible government to all its citizens. Further, the Co-Chairs and other governments, particularly India, should pressure the GOSL and other political formations to reach a consensus in the South on a permanent political solution that realises the aspirations of Tamil and Muslim minorities through the substantial devolution of power. Such a consensus will be necessary to move forward on a peace settlement either unilaterally or with the LTTE, provided it chooses to commit itself to principled negotiations.

Governance and State Reform

A sustainable and just political solution requires constitutional reform; it also requires the revitalization of Sri Lanka's democratic institutions in order to address the root causes of the ethnic conflict. Without such State reform and rejuvenation of governance any political settlement between the Sri Lankan government and the LTTE will be precarious and will not create an environment that restores the faith of all communities in the country's democratic institutions. The reforms should address not only the legacy of Sinhala majoritarian policies, but also the broader decay of the State and its institutions. The Co-Chairs and the international community can assist such a reform process by providing technical and programmatic support for issues such as those that follow:

Language
Sri Lanka will need assistance in implementing bilingualism and an inclusive language policy. Language policy has been a key spark behind the current ethnic conflict, as evinced by the implementation of the 1956 "Sinhala-Only" policy. "Sinhala Only" consigned the Tamil and Muslim communities to the periphery of Sri Lankan governance due to the official non-recognition of the Tamil language spoken by 30% of the population and served as the foundation of Tamil militancy. In 1987, the Sri Lankan government passed the 13th Amendment to its Constitution making Tamil an official language along with Sinhala, with English as a link language. However, the wider implementation of this new policy has not extended beyond the higher levels of governance, where again Tamil is neglected. An inclusive language policy will not only address the concerns of Tamil-speaking communities in the entire country, but also those of the Sinhala-speaking communities in the North and East, and could act as an adhesive to bind the communities and regions together.

Law Enforcement and Security
The failure of the Sri Lankan law enforcement agencies to protect the lives and properties of citizens, particularly of minority communities, has contributed to the escalation of the conflict. The climate of impunity that escalated in the late seventies with rule under Emergency Regulations and the Prevention of Terrorism Act, led to the further loss of confidence in the State and its ability to purvey justice for minorities. In 1983, the anti-Tamil riots and Welikada prison massacre were carried out with State complicity and led to the immediate escalation of the conflict. Two decades later, the Supreme Court's ruling this year that acquitted all remaining defendants of the Bindunuwewa massacre of Tamil detainees in 2000, is a stark reminder that minorities lack any substantive recourse to justice through Sri Lankan institutions, even in a time of 'peace'. Deterioration of the State's law enforcement and security institutions also affects the majority community, as is evident from the disappearances during the JVP uprising in the late eighties and the continuing cases of police torture and brutality in the South. Reform of the prisons, police, security forces and strengthening of the human rights mechanisms, including the Human Rights Commission and the National Police Commission, are essential steps for the State to recover its legitimacy.

Non-discrimination and Concerns of Economic and Political Marginalisation
One of the major failures of governance in Sri Lanka is its legacy of marginalising minority communities and rural populations. This led to Tamil, and to a lesser extent Muslim, youth resorting to armed struggle and to two very costly insurrections in the South. The Sri Lankan State needs to address issues of structural discrimination and marginalisation in State institutions and in the private sector. Political marginalisation needs to be addressed through adequate participation in governance at all levels of the State institutions. There is a need for mechanisms that ensure participation and accountability to prevent the lack of good governance and the resultant marginalisation of vulnerable communities. The lack of proper recourse to address the failure of local governance with regard to tsunami rehabilitation and reconstruction efforts was a valuable lesson.

Background:

The peace process has reached an impasse, and the CFA is facing its severest test at present. Following the presidential election of November 17, a new President has assumed office with a different perspective and policy approach to the peace process. His Government is seeking a review of the CFA and its operation, and has requested Noway to renew its facilitation. But it is understood that Norway would want both parties, the Government of Sri Lanka (GOSL) and the LTTE to agree to certain "conditions" before it resumes its facilitatory role.

The LTTE leader, in his recent Heroes' Day speech has rehearsed the organisation's basic demand of "self determination, national liberation and the establishment of self-government in our homeland". He also declared, "The new government should come forward soon with a reasonable political framework that will satisfy the political aspirations of the Tamil people… If the new government rejects our urgent appeal, opts for a hard-line position and adopts delaying tactics, we will, next year, in solidarity with our people, intensify our struggle for self-determination, our struggle for national liberation to establish self-government in our own homeland." This has been interpreted by many as an ultimatum by the LTTE leader to resume war at any time in the coming weeks or months.

Though the LTTE says that it is committed to the CFA, the regularity, frequency, scale and intensity of the grenade and land mine attacks in recent weeks in which scores of police and military personnel and civilians have been killed gives one the impression that the LTTE has already commenced an "undeclared war". In the meantime it has also intensified its campaign of targeted assassinations of its political opponents. In recent weeks, the attacks on members of the Muslim community in eastern Sri Lanka have increased and there are fears of mounting communal clashes between the Tamil and Muslim communities.

Throughout the nearly four year period of the ceasefire, while both sides have been held by the SLMM to have committed breaches of the CFA, over 90 percent of the violations and the most serious of these violations involving gross violations of human and democratic rights have been committed by the LTTE. These have included countless number of politically motivated killings and a continuing campaign of child conscription.

21 November 2005, Letter to the Permanent Representative of Sri Lanka to the United Nations

Ambassador Prasad Kariyawasam
Permanent Representative of Sri Lanka to the United Nations

21 November 2005

Dear Ambassador Kariyawasam,

We, the Steering Committee of the Sri Lanka Democracy Forum (SLDF), are writing to you when both Sri Lanka and the United Nations are at a crossroads with regards to issues of human rights. While a new president has been elected in Sri Lanka, the peace process in Sri Lanka is at a standstill and we face a serious human rights crisis there. This year alone, we have seen over two hundred killings, over two hundred complaints of abductions/disappearances and hundreds more children recruited as child soldiers. We believe that the United Nations, as the most impartial multilateral body in the world, has a unique role to play in ending this human rights crisis in Sri Lanka.

First of all, we urge your office to continue to invite the United Nations and other multi-lateral initiatives to look into the human rights crisis in Sri Lanka. Their reports and recommendations will go a long way in ensuring that there is an objective approach to the human rights situation in Sri Lanka. SLDF has called for the ratification of the Rome Statute of the International Criminal Court in light of the culture of impunity and past and ongoing war crimes, and crimes against humanity. SLDF has also called for independent international human rights monitoring, in light of the inadequacies of the Sri Lanka Monitoring Mission and we urge you to consider inviting a UN Human Rights Monitoring Mission.

We would also like to bring to your attention the historic decision taken at the September 2005 World Summit to strengthen the protection of human rights worldwide by establishing a Human Rights Council as part of the reform of the UN human rights mechanisms. SLDF believes that this is an excellent opportunity to enhance the United Nation's existing capacity to protect and promote human rights. Given the continuing human rights violations by the Liberation Tigers of Tamil Eelam (LTTE), we call on your office to push for the mandate of such a Human Rights Council to include non-state forces and armed groups, which currently remain outside the mandate of the UN's human rights institutions and treaty mechanisms. As a result, non-state forces have frequently been allowed to violate the human rights of populations under their control with impunity.

We therefore call on your office to strongly push for the clear and explicit inclusion of non-state actors within the mandate of the Human Rights Council. While the Sri Lankan government has been critical of the LTTE in the international arena, it has not been adequately forthcoming in allowing the UN to intervene through independent human rights mechanisms, out of fear that the UN would also take on the Sri Lankan state's human rights record. Moreover, the Sri Lankan government has not done enough to address the Tamil on Tamil violence, particularly the LTTE's killing of dissident Tamils and recruitment of Tamil children during the course of the ceasefire. SLDF had hoped that the Norwegian facilitators and other international governments would emphasize the human rights of those living under LTTE control or within their area of influence; however, they too have let down the people of the North and East. The human rights mechanisms within the UN system are some of the most credible human rights mechanisms that have yet to be productively employed. However, for the UN to objectively and independently intervene in such situations, the invitation and oversight of the respective governments would be an impediment. Furthermore, it should be noted that the UN's oversight and recognition of human rights violations by non-state actors in no way means the legitimization of the non-state actors, but rather, it would lead to the UN putting human rights first in its interventions.

Today, many of the conflicts in the world involve non-state actors, and a proportion of the world's population has been under the control of these forces at one time or another. We hope that your government will take the lead in expanding the UN's capacity to protect the human rights of potential victims of non-state forces, and therefore, help create a culture that truly promotes the human rights of all. Finally, we also hope that the new administration under President Mahinda Rajapakse would continue in the direction of opening Sri Lanka to UN oversight on human rights issues. It is indeed too late and would be disastrous for Sri Lanka to claim that internationalization of Sri Lanka's human rights concerns would infringe on its sovereignty.

Sincerely Yours,

The Steering Committee of the Sri Lanka Democracy Forum

Cc: Permanent Representatives to the United Nations

20 November 2005, FOR IMMEDIATE RELEASE: SLDF Expresses Shock and Outrage at the Attack on Akkaraipattu Mosque

The Sri Lanka Democracy Forum (SLDF) expresses its shock and outrage and outright condemnation of the attack on the Akkaraipattu Mosque in the Eastern province of Sri Lanka and the murder of innocent Muslim civilians engaged in prayer, on the morning of Friday 18 November 2005, a day after the Presidential Elections.

It is now known that two men threw grenades into the mosque leading to the death of four individuals and injuries to more than twenty others. All circumstantial evidence and information gathered from local sources point to the LTTE. It is believed that the brutal murders in the mosque took place as retribution for the recent killings of senior LTTE men, possibly by the Karuna faction. It is a heinous act to target ordinary civilians in a place of worship for the purpose of settling scores between warring armed factions.

This is not the first time that the LTTE has killed innocent Muslim civilians engaged in prayer. The Kaththankudy massacres on 3 August 1990, when the LTTE carried out a military operation, attacking two mosques simultaneously saw the brutal slaying of 149 Muslims at prayer.

As part of the heightened violent campaign it carried out before the elections the LTTE has also made other attacks on Muslims. The bodies of two Muslim men in Valaichenai were found on Friday, November 18, as were the two decomposed bodies of two other men abducted from Eravur, a few weeks back.

These attacks should be seen as part of a systematic campaign to destabilise relations between Tamils and Muslims in the East. The LTTE seeks to provoke communal tensions between Tamils and Muslims in the East, as their attempts to assert their hegemony in the East have singularly failed. The LTTE has a habit of using the multi-ethnic East as the theatre for such machinations; the Kaththankudy massacres and the rounding up and murdering of hundreds of policemen in 1990 being past examples of such intent by the LTTE. The current wave of killings and provocations in the East is also such an attempt by the LTTE to create the conditions for the next war by heightening tensions between the communities.

SLDF raised the issue of protection of places of worship in our statement on the murder of two school principals (SLDF Calls for the Protection of Child Rights and Educational Freedom, 4 November 2005). We reiterate the need for schools, hospitals and religious institutions to be declared as "zones of peace".

While the LTTE has been murdering hundreds of Tamils, abducting their children to pressgang them into their war machine and denying the Tamil community all fundamental human rights, their attacks on the Muslims take on an added significance; these attacks are part of it s overall quest towards building an exclusive militarised Tamil state where the LTTE will be the sole power and where there will be no place for minorities. The ethnic cleansing of the 80,000 Northern Muslims in October 1990 by the LTTE was such a hideous move in the North, which has been largely ignored.

It is imperative that all communities remain calm and not fall victim to the LTTE design to precipitate inter-ethnic clashes through such wanton slaying of Muslims. Recent history makes it evident that there will be no peace nor justice for the Sinhala community nor the Tamil community by violence against either the Tamils or Muslims, whichever the minorities that are living amidst them.

SLDF urges all communities not to waver from their resolve to strive harder for a lasting peace through a negotiated political settlement with justice, where all the communities can realise their aspirations.

18 November 2005, FOR IMMEDIATE RELEASE: Presidential Election: Sole Representation and the Disenfranchisement of Tamils in the North and East

The Sri Lanka Democracy Forum (SLDF) condemns the election violence, intimidation and the consequent disenfranchisement of Tamil citizens by the LTTE in the North and East. The elections in the North and East were held in a climate of fear as the LTTE, through its front organizations, called for a boycott of the elections. This directive was backed by violence on the days leading up to and on Election Day, as LTTE cadres on motorcycles beat and chased away voters and tyres were burned as road blocks to intimidate civilians. LTTE cadres appointed by the New Left Front as polling agents (normally used in elections to challenge fraud and can only be appointed by a party with a candidate in the elections), were used by the LTTE to intimidate voters inside polling booths and to identify voters who could then be targeted for retribution. On the day before the election, there were at least five grenade attacks on the offices of the EPDP in Jaffna, a political party supportive of presidential candidate Mahinda Rajapakse. Two days before the election, cadres from the LTTE's cultural wing brought a youth, twenty-two year old Dinesh, to the grounds of Kokkuvil Hindu College and tied, tortured and beat him to death in public view. Grenade attacks and killings were also reported in the East on Election Day. The Jaffna Government Agent and the chief election officer for the Jaffna District stated that only 1.5% of the eligible voters cast their votes.

The 2005 presidential election in the North is very similar to the 2004 parliamentary elections when, once again, Tamils living in the North were denied their democratic rights. In this regard, the low voter turn out in this election is no different from the 90+% of the votes, which the LTTE manufactured in the 2004 elections for its proxy the TNA through violence, intimidation and massive fraud. Indeed, as John Cushnahan of the EU Election Monitoring Mission noted after the elections in 2004, the elections in the North and East were the "anti-thesis of democracy" and the "primary source of the violence was the LTTE who were determined to ensure that the TNA would emerge as the sole representative of the Tamil people."

After three and a half years of a much-violated Ceasefire Agreement, democratic space in the North and East has been greatly diminished, not only in terms of electoral politics, but also in terms of the rights to life, freedom of expression and freedom of association. Indeed, the very basic civil and political rights necessary for democratic space and engagement have progressively been curtailed during a time of peace. During yesterday's elections, yet another opportunity for the people of the North and East to voice their concerns on fundamental political and economic issues, as well as the peace process, was taken away from them. And, underlying and justifying this constant silencing of Tamil and Muslim voices is the LTTE's claim to "sole-representation".

SLDF calls on all political parties and civil society actors in Sri Lanka, foreign governments, multilateral institutions such as the United Nations and the European Union, and the Donors involved in the peace process in Sri Lanka, to publicly denounce the intimidation and violence that kept Tamils from exercising their democratic rights during yesterday's presidential elections. Fundamental to this will be a refutation of the LTTE's claim of sole-representation, which has been antithetical to democracy in both name and practice. Finally, given the LTTE's attacks on democracy and the rights of Muslims and Tamils, any resumption of peace talks should be inclusive with participation of independent delegations from the Muslim community and other Tamil parties.

16 November 2005, FOR IMMEDIATE RELEASE: SLDF Condemns the Brutal and Cowardly Attack on Loganathan Master in Germany

On 12 November 2005, Vaithiyanathan Loganathan, aged fifty-five and resident in Neuss, Germany, was brutally attacked by three to four men. Mr. Loganathan, known in the Tamil community as Loganathan Master, was a teacher at Central College in Jaffna in the early 1980s and has since been resident in Germany for the last two decades. He was a founding member of the 'illakiya chandippu' (Tamil literary gatherings) and editor of the Tamil magazine 'Aruwai' in the late 1980s. On 5 November 2005, Mr. Loganathan organized a memorial meeting in Neuss that condemned the assassinations of two Jaffna principals, Nadarajah Sivakadatcham and Kanakapathy Rajadurai, in mid-October. (See SLDF statement of 4 November 2005 on educational freedom) During the days leading up to the memorial meeting, Loganathan and his family received numerous threats from supporters of the LTTE. The police were informed of these threats and the meeting was held with police protection.

The memorial meeting drew close to a hundred activists, former teachers, intellectuals and poets from many European countries. The poems read at the meeting, were under the general title, "Can a bullet close the eyes of education?" The meeting was broadcast live by the Tamil Broadcasting Corporation to listeners in Europe and Sri Lanka. Like other such meetings held in recent months, this memorial meeting is a challenge to the LTTE's hegemony over the Tamil diaspora and the LTTE's undemocratic claim of sole-representation.

A week later at about 11 pm on Saturday, 12 November 2005, Mr. Loganathan was attacked while closing his store in Essen, Germany. He was attacked from behind and his attackers smashed his head with beer bottles and broke his leg with an iron rod. While Mr. Loganathan was viciously beaten facedown, he heard one of the attackers shout in Tamil, "Do you dare hold a meeting?" Mr. Loganathan's assailants fled when neighbouring shop owners came to his rescue. He was taken to the hospital, where the deep wounds to his head required twelve stitches and medical care was given for his fractured leg.

SLDF calls on the German police and authorities to bring those responsible to justice and to investigate whether the LTTE and its front organizations were responsible or complicit in this crime. Indeed, in recent months the threats against dissenting Tamil activists have been escalating throughout the Tamil diaspora. Political columnist Selliah Nagarajah in Australia received death threats from the LTTE death squad Ellalan Force last month, and a number of activists in Canada have been targeted by LTTE website Nitharsanam. However, this attack on Mr. Loganathan signals the LTTE's willingness to resume physical attacks against diaspora activists, which was characteristic of its actions in the 1990s. The LTTE has always recognized the gravity of Tamil dissent in the diaspora. Such challenges threaten its hegemony over the Tamil community as a whole as well as its war efforts in Sri Lanka, which would be crippled without its political and financial base in the West. In 1994, dissenting Tamil activist Sabaratnam Sabalingam was murdered by the LTTE in broad daylight in Paris. Neither Sabalingam's killers nor those who sanctioned the crime were brought to justice. Similarly in 1993, D.B.S. Jeyaraj suffered head injuries and a broken leg, when he was brutally beaten by LTTE thugs armed with baseball bats for his dissenting writings in Toronto. The LTTE should not be allowed to extend its culture of intimidation and violence to the West, particularly since these Tamils arrived in the West seeking refuge from such violence.

In the past, authorities in Western countries have not taken the rights of their Tamil residents and citizens seriously, and have often chosen to look the other way in the face of violence within the community. However, in its statement on 26 September 2005 issuing a travel ban against the LTTE, the European Union stated the agreement among Member States to take "additional national measures to check and curb illegal or undesirable activities (including issues of funding or propaganda) of the LTTE, its related organizations and known individual supporters." The European authorities' commitment to human rights and democracy will be reflected in how they choose to address attacks against their own citizens and residents who, like Mr. Loganathan, seek to promote pluralism and democracy within the diaspora. If the EU is unwilling or unable to effectively respond to the LTTE, and instead allows basic rights and freedoms to be violated with impunity within its own territory, it is unlikely to contribute to a peace with human rights and democracy in Sri Lanka.

4 November 2005, FOR IMMEDIATE RELEASE: SLDF Calls for the Protection of Child Rights and Educational Freedom

The Sri Lanka Democracy Forum (SLDF) strongly condemns the recent killings of two college principals in Jaffna, Mr. Nadarajah Sivakadatcham of Kopay Christian College, and Mr. Kanakapathy Rajadurai of Jaffna Central College on October 11th and 12th, respectively. The targeting of two leading educational figures in Jaffna has further entrenched the culture of silence and fear among the people of the North and East. Not only does such violence stifle the independence of educational institutions, it also severely undermines the rights of children to education. Attempts to control and exploit educational institutions thus have enduring social implications and greatly restrict the possibilities for successive generations of children to create a vibrant civil society.

The two recent killings should be seen as part of a long history of targeting outspoken educational figures in the North and East that began with the assassination of St. John's College Principal Charles Anandarajah in 1985 and Jaffna University Lecturer Rajani Thiranagama, who was killed by the LTTE in 1989 for her human rights work with the University Teachers for Human Rights (Jaffna). The principals recently killed were themselves leading public figures in Jaffna. Mr. Sivakadatcham was a vocal promoter of Tamil nationalism, while Mr. Rajadurai was a fierce defender of educational freedom and critic of child conscription. It is widely believed that the LTTE carried out the assassination of Mr. Rajadurai. There are strong allegations that Mr. Sivakadatcham was assassinated with the connivance of Sri Lankan security forces. If that is true, it sets a dangerous precedent in the North where targeting of civilians by armed actors opposed to the LTTE could lead to a situation similar to the East.

From the very outset of the conflict, children in the North and East were denied access to education. The destruction of educational infrastructure, the repeated displacements of children and teachers, and conflict-induced trauma prevented children from pursuing their education. Moreover, in the mid-1980s, the LTTE and the India-backed Tamil National Army institutionalised the forced recruitment of children for warfare. Tamil militant groups openly recruited at schools, and children were forcibly taught nationalist history, glorifying armed violence and militarism. Schools were often closed down not only for the war, but also because of child recruitment and the enforced participation of children in public protests.

It is important to note that the decimation of education and educational institutions is not in any way restricted to the North and the East. During the JVP uprising between 1987 and 1989, the Sri Lankan state detained, tortured, and killed students and intellectuals suspected of being sympathisers of the JVP, and in some instances for simply having left leaning opinions. The JVP also killed students whom they suspected of aligning with the state or other political organizations, or for simply opposing the agenda of the JVP. Students were criminalized and intimidated, resulting in the prolonged closures of universities.

Ironically, education has always been a source of pride for Sri Lanka. As one of the first countries to introduce universal free education, Sri Lanka maintained an educational system whose achievements were comparable to those in industrialised states but, importantly, sought to attain social equity and justice. Indeed, the availability of a good education to everyone has in the past helped hundreds of thousands of people move out of poverty. In fact, education has been central to the formation of a strong political consciousness in Sri Lanka. It is therefore deeply regrettable that the political leadership on all sides have taken such contemptuous attitudes towards education, and betrayed the principles upon which education in Sri Lanka was founded.

The consequences of the politicisation of education are far-reaching. The right to an education not only encourages respect for human rights, pluralism and democratisation, but is also inextricably linked to the freedoms of expression and association. Education is an essential part of the rehabilitation and reconstruction process, and is the foundation for a new generation of Sri Lankan children and youth who can ensure a peace with justice. In this context, the climate of impunity characterised by the continuing child recruitment and targeting of educators, along with intimidation, infiltration, and herding of children into provocative protests is abominable.

SLDF supports calls by activists in the North and East to respect schools, hospitals and religious institutions as 'zones of peace.' All armed and political actors should publicly state their commitment to respect such 'zones of peace' as a first step towards rejuvenating the local peoples' confidence in a ceasefire and peace process that has been violated with impunity.

SLDF supports the EU travel ban against the LTTE, as the EU "repeats its serious concern at the continuing recruitment and retention of child soldier cadres … that there can be no excuse whatsoever for this abhorrent practice." Furthermore, SLDF calls on the international community to be vigilant in monitoring not only the LTTE's continuing recruitment and use of child soldiers as specified in Security Council Resolution 1612 (26 July 2005), but also the six grave violations as specified by the UN Secretary General's report on Children and Armed Conflict (9 February 2005): killing or maiming of children; recruiting or using child soldiers; attacks against schools or hospitals; rape or other grave sexual violence against children; abduction of children; and denial of humanitarian access for children. The LTTE has been and continues to be guilty of such grave violations. A number of children have been victims of recent attacks, such as the attack by the LTTE on October 23rd where four children were injured in a tsunami rehabilitation camp. SLDF calls on international governments to unilaterally apply sanctions against the LTTE until these serious violations end.

SLDF calls on the international community to pressure the GOSL to ratify the Rome Statute of the International Criminal Court. The war years led to grave violations, including sexual violence, against Tamil students by the security forces. The recruitment of children under the age of fifteen is also a war crime. Ratification will be a useful deterrent against such crimes against humanity and war crimes that threaten the future of Sri Lanka's children.

Recognizing that children's rights are a core component of international human rights norms, SLDF calls for a substantive human rights agreement between the GOSL and LTTE coupled with an independent international human rights monitoring mission to monitor and verify such an agreement. The LTTE recently rejected the call by Ian Martin, advisor to the peace process on human rights, to move on such an agreement. The international community should pressure the LTTE to sign such a human rights agreement and agree to international human rights monitors. Given the current human rights crisis and deterioration of the ceasefire, the resumption of peace talks should prioritise the human rights agenda and the revision of the CFA.

The assassination of educators, the manipulation of educational institutions, and the attacks on students have shocked the entire population of the North and East, and have sparked large protests at local schools, the universities, and nearby communities in Jaffna. Freedom of educational spaces and respect for children's rights are essential to build a peaceful future for the children of the North and East. The voices of the protesting students and children, who have risked their lives to express their outrage, is also a demand for peace with human rights, democracy, and justice, which everyone should heed.