Adopt international inquiry for aid worker killings: HRW

Third Anniversary of ACF Murders Marked by Government Inaction, Intimidation; For three years since the ACF massacre, the Rajapaksa government has put on an elaborate song and dance to bedazzle the international community into believing justice is being done. It’s time the UN and concerned governments say ‘the show is over’ and put into place a serious international inquiry, says James Ross, legal and policy director of Human Rights watch.

The Sri Lankan government's gross mishandling of the investigation into the execution-style slaying of 17 aid workers in the northeastern town of Mutur three years ago demonstrates the need for an international commission of inquiry, Human Rights Watch said Monday. Since mid-July 2009, government actions in the case - for which no one has been arrested, let alone convicted - raised further concerns about an already deeply troubling investigation, Human Rights Watch said.
On August 4, 2006, 17 Sri Lankan aid workers with the Paris-based international humanitarian agency Action Contre La Faim (ACF) were summarily executed in their office in Mutur, Trincomalee district, following fighting between government security forces and the separatist Liberation Tigers of Tamil Eelam (LTTE) for control of the town. The aid workers, 16 Tamils and one Muslim, were engaged in a program to help survivors of the 2004 Indian Ocean tsunami.
"For three years since the ACF massacre, the Rajapaksa government has put on an elaborate song and dance to bedazzle the international community into believing justice is being done," said James Ross, legal and policy director at Human Rights Watch. "It's time the UN and concerned governments say ‘the show is over' and put into place a serious international inquiry."
Since mid-July, the government commission investigating the case has, without sufficient basis, ruled out the involvement of the Sri Lankan armed forces. It unfairly and dangerously denounced local human rights organizations participating in the commission. And government authorities improperly pressured the families of the murdered aid workers to demand that France obtain for them greater compensation from ACF.
On July 14, the Presidential Commission of Inquiry, created in November 2006 to investigate 16 major human rights cases, publicly announced its findings in the ACF case. The commission exonerated the Sri Lankan army and navy in the ACF killings, primarily on limited witness testimony that these forces were not in the vicinity at the time. It blamed the killings on either the LTTE or auxiliary police known as home guards. Its full report to the president, Mahinda Rajapaksa, remains unpublished.
The commission rejected the detailed findings of the nongovernmental University Teachers for Human Rights (Jaffna), which in April 2008 published eyewitness accounts, weapons analysis, and information on the government security forces that it believes were responsible for the atrocity. However, the commission chair told the media that the commission was hindered by the absence of a witness-protection program and noted that the government blocked video testimonies that would have permitted at-risk witnesses to testify from outside the country.
Excerpts from the commission's final report posted on the Sri Lankan Ministry of Defense website sharply criticize the role of local organizations in the ACF inquiry. These organizations provided legal support for witnesses and made a number of written submissions on the case. The commission stated that the "main function" of seven named nongovernmental organizations was to "attempt to discredit every possible institution and authority of this country before the Commission, and attempt to hold one party responsible for the gruesome crime.... They appeared not to ascertain the truth but to engage in a fault finding exercise of the security forces of Sri Lanka." The commission said the groups adopted "a suspiciously narrow outlook" and engaged in a "preconceived plan or conspiracy to discredit the Commission ... for the consumption of some of the international organizations."
Human Rights Watch said that such accusations, made in the current context of continuing threats and physical assaults against media and civil society groups labeled "traitorous" or otherwise anti-government, place individuals and organizations at serious risk.
Sri Lanka sources and the media reported that the Sri Lankan authorities have also placed improper pressure on the families of the ACF victims. Victims' families summoned to a government office in Trincomalee on July 19 were given three letters to sign and return by July 25. All three form letters demanded that the French government seek further compensation for the families from ACF on the basis of the commission's finding of ACF's "gross negligence."
One letter was addressed to the French embassy and another to Sri Lanka's attorney general. The third letter, to Rajapaksa, explained that the signatory was "extremely grateful" to the president for appointing a commission of inquiry and for "ensuring that justice prevailed." Some families expressed apprehension about possible retaliation if they did not sign the letters, though several reportedly refused to do so.
"Instead of doing all it can to get justice for this horrific crime, the Sri Lankan government is further traumatizing the ACF victims' families by trying to shift the blame to others," Ross said.
Human Rights Watch called for the United Nations secretary-general or other UN body to create an international commission of inquiry to investigate the ACF killings and other human rights abuses by all parties to the armed conflict in Sri Lanka, and make recommendations for the prosecution of those responsible. On May 23, Rajapaksa and UN Secretary-General Ban Ki-moon issued a joint statement from Sri Lanka in which the government said it "will take measures to address" the need for an accountability process for violations of international humanitarian and human rights law.
Human Rights Watch has long reported on the government's failure to impartially investigate and prosecute those responsible for the numerous human rights abuses committed during the 25-year armed conflict with the Tamil Tigers, which ended in May with the Tigers' defeat.
Human Rights Watch previously criticized the Presidential Commission of Inquiry for being an insufficient governmental response to ongoing human rights abuses, the absence of a presidential obligation to act on its recommendations or make its findings public, and improper interference in the commission by the attorney general. In April 2008, the International Independent Group of Eminent Persons (IIGEP) withdrew from its role monitoring the commission because it had "not been able to conclude ... that the proceedings of the Commission have been transparent or have satisfied basic international norms and standards."
"On the third anniversary of the murder of 17 aid workers, the Sri Lankan government is no closer to uncovering the truth or prosecuting those responsible," said Ross. "Instead, the government is using the atrocity to threaten local rights groups, intimidate the victims' families, and score political points against the French government."

British Govt issues new travel advice: warns on anti-Western rhetoric

The British Government has issued a new travel advice to British nationals visiting Sri Lanka. It advices British on increased anti-Western (particularly anti-British) rhetoric in Sri Lanka due to the upsurge of Sinhala extremism. The travel advice said: "The end of the military conflict has seen an upsurge of nationalism in Sri Lanka. As a result,anti-Western (particularly anti-British) rhetoric has increased, including from senior Government figures. This has led to violent protests against the British High Commission and other diplomatic premises."


The summary of travel advice:

* We advise against all travel to the north of Sri Lanka. This includes all areas north of the A12 road connecting Puttalam in the west with Trincomalee in the east. It does not include Anuradhapura or the spit of land to Kalpitiya west of Puttalam.

* We advise against all but essential travel to most parts of eastern Sri Lanka, including the districts of Batticaloa (all areas), Trincomalee (rural areas), and Ampara (north and eastern areas). We do not advise against travel to the following areas in the east: Trincomalee Town, including the A6 road corridor to Trincomalee; Block One of Yala National Park; areas of Ampara District south of the A4 road including Arugam Bay; areas of Ampara District, west of the A25 and A27 roads.

* The conflict between the Government and the Liberation Tigers of Tamil Eelam (LTTE, or “Tamil Tigers”) ended in May 2009. All territory in Sri Lanka is now under Government control. However, politically-motivated violence, abductions and criminality persist throughout the country, particularly in the north and east. The Government maintains its State of Emergency, under which it has extensive anti-terrorism powers. Heightened security measures including checkpoints are expected to remain throughout the country. Always carry formal photographic identification with you. Detentions do occur, particularly of people of Tamil ethnicity. If you are detained, you should ask the authorities to contact the British High Commission.

* The end of the military conflict has seen an upsurge of nationalism in Sri Lanka. As a result, anti-Western (particularly anti-British) rhetoric has increased, including from senior Government figures. This has led to violent protests against the British High Commission and other diplomatic premises. Although no protests have so far been directed at the British community more generally, you should be vigilant and avoid demonstrations.

* The World Health Organisation (WHO) has raised its Pandemic Threat Alert Phase to Level 6. The WHO website at: www.who.int/csr/disease/swineflu/en/index.html as further details. You should also monitor local media reports for any developments and advice. There is a dedicated Swine Flu page on the FCO website: http://www.fco.gov.uk/en/travelling-and-living-overseas/swine-flu . Guidance on Pandemic Flu can be obtained on the UK Department of Health website at www.dh.gov.uk.

* The Government of Sri Lanka has introduced surveillance measures at Katunayake (Bandaranayake) International Airport. On arrival in Sri Lanka travellers from affected countries (including the UK) should be prepared to be asked questions or be checked for symptoms by medical staff. Travellers suspected of having A (H1N1) will be admitted to the Infectious Diseases Hospital (IDH) in Angoda for compulsory quarantine, testing and treatment. Travellers should be aware that transfer from the IDH to a more modern and better equipped private facility will not be permitted for those with suspected or confirmed H1N1. Travellers should consult their healthcare provider before travelling to Sri Lanka.

* There is a high threat from terrorism in Sri Lanka. Although foreign tourists and visitors have not been targeted in the past, attacks have occurred in places frequented by foreigners. Attacks have continued in 2009 and have affected a variety of targets including government and military sites and public gatherings. Although the LTTE has suffered a military defeat further terrorist attacks may occur. See the Terrorism section of this advice for more details.

* The majority of visits are incident free, although there are an increasing number of incidents of credit card fraud, road accidents and drownings. You should wear a seatbelt when travelling by road and use credit or debit cards only in reputable establishments (e.g. major hotels). Take local advice before bathing in the sea. A number of tropical diseases are also prevalent, including dengue fever, Chikungunya and rat fever (Leptospirosis). Cases of dengue fever in particular have risen sharply in recent months.

* About 94,000 British nationals visit Sri Lanka each year (source: Sri Lanka tourism board). The main types of incident for which British nationals required consular assistance in 2008 were: replacing lost or stolen passports; deaths, mostly from natural causes; and arrests or detentions.

* We recommend that you obtain comprehensive travel and medical insurance before travelling. You should check any exclusions, and that your policy covers you for all the activities you want to undertake. See the General (Insurance) page of this advice and the Travel Insurance page of the FCO website for more details. We also recommend that British nationals resident and/or working in Sri Lanka, or visiting for over one month, should register with the British High Commission in Colombo.

Safety and security

Terrorism

There is a high threat from terrorism in Sri Lanka. Attacks could be indiscriminate, including in places frequented by expatriates and foreign travellers. For more general information see the Terrorism Abroad page of the FCO website.
The conflict between the Government and the Liberation Tigers of Tamil Eelam (LTTE, commonly known as the “Tamil Tigers”) ended in May 2009. The LTTE has traditionally combined guerrilla warfare with terrorist attacks on government and civilian targets. Although the military conflict has ended the LTTE is likely to retain some capability to mount terrorist attacks.
Although the conflict is over, the Government has extended the State of Emergency, under which it has extensive anti-terrorism powers. Heightened levels of security (e.g. checkpoints, road blocks) are therefore likely to be maintained for the foreseeable future. You should exercise a high level of vigilance. The risk for the most part is one of being caught in the wrong place at the wrong time. In order to minimise this, you should avoid military, government and paramilitary locations. Always carry formal photographic identification with you. Stop and show your ID when asked to do so. If you are detained, you should ask the authorities to contact the British High Commission.
Fatal attacks have occurred throughout the country, including Colombo and other areas frequented by foreigners. Since the beginning of 2009 at least 50 civilians have been killed in terrorist attacks across Sri Lanka. Most attacks have been directed against Government and military targets though a number have been focussed on civilian targets such as crowded public places, public transport and market areas. Some of the most significant recent attacks include:

* On 10 March 2009 a suicide bomb attack at a political gathering in Akuressa, near Matara, resulted in 14 deaths and a number of injuries.

* On 21 February 2009 21 civilians were shot dead in a village in rural Ampara district.

* On 20 February 2009 an LTTE air raid on military targets in Colombo resulted in four deaths and injured a further 12.

* On 9 February 2009 a suicide bomb attack in an IDP centre in Mullaithivu district killed eight civilians and 20 soldiers.

* On 2 January 2009 a suicide bomb attack near the headquarters of the Sri Lankan Air Force in Colombo resulted in three deaths and injured a further six.

Crime

Credit card fraud is the most common type of crime affecting visitors. It is advisable to use cash wherever possible and to use ATMs attached to banks or major hotels. Do not let your credit card leave your sight when you use it. Some travellers experience problems using their credit / debit cards on arrival in Sri Lanka when their banks’ automated fraud protection system blocks transactions. It may be useful to inform your bank in advance of your intended travel arrangements. If your card is blocked, you will need to contact your bank to re-activate it. There are plenty of money changers in tourist areas if you want to change cash.
Violent crimes against foreigners are relatively infrequent, although there have been reports of sexual offences and muggings. When travelling around Sri Lanka, you should make arrangements through reputable travel companies (such as those identified in your guidebook or local listings information) and exercise appropriate caution. Women should take particular care when travelling alone and carry personal alarms. For more general inforamtion see Rape and Sexual Assault Abroad.
There has been an increase in the number of reported thefts from hotels and guesthouses. You should take sensible precautions to safeguard your valuables, especially passports and money.
For more general information see Victims of Crime Abroad.

Political Situation

As stated in the Summary, the conflict between the Government and the Liberation Tigers of Tamil Eelam (LTTE) ended in May 2009.
Travellers should note that the end of the military conflict has seen an upsurge of nationalism in Sri Lanka. As a result, anti-Western (particularly anti-British) rhetoric has increased, including from senior Government figures. This has led to violent protests against the British High Commission and other diplomatic premises. Although no protests have so far been directed at the British community more generally, you should be vigilant and avoid demonstrations.
There have been a number of “hartals” (widely enforced general strikes) and curfews, particularly in the north and east. You should avoid political gatherings or demonstrations. You should follow local news and maintain a high state of vigilance during such events
Foreign nationals have been detained by the police after taking photographs of buildings or vehicles used by VIPs. These include numerous sites in central Colombo. Use of video and/or photography is prohibited near military bases and government buildings.

Local Travel

We advise against all travel to the north of Sri Lanka. The Government has recently concluded an intense military campaign against the LTTE in the north. Parts of this area are heavily land-mined and it is possible that pockets of LTTE cadres remain. Violence could break out in these areas with little or no warning. The High Commission is very limited in the assistance it can offer visitors to this area. For the purposes of this travel advice we consider the north to be all areas north of the A12 road (which runs from Puttalam in the west to Trincomalee in the east). This includes the Jaffna peninsula, but does not include Anuradhapura or the spit of land to Kalpitiya west of Puttalam.
We advise against all but essential travel to the eastern Sri Lankan districts of Batticaloa, Trincomalee, and Ampara. The security situation across the east is volatile. Violent incidents and paramilitary activity are frequently reported, especially at night. This includes incidents of shootings, abduction, and civil unrest. Foreigners have not previously been targeted, but there is a risk that British nationals could become involved in an incident through being in the wrong place at the wrong time. British Nationals of Sri Lankan origin or descent should exercise particular caution.
Travellers should note that we do not advise against travel to the following areas in the east: Trincomalee Town, including the A6 road corridor to Trincomalee; areas of Ampara District south of the A4 road, including Arugam Bay; areas of Ampara District, west of the A25 and A27 roads.
We do not advise against travel to the Yala National Park, but you should ensure that any visit is on an officially approved tour that visits only “Block one” of the park, (in practice, most organised tours only visit this area). A number of security incidents have occurred since 2007 in “Block two” to “Block five” of the Yala National Park (the outlying areas of the park) and these areas remain closed to visitors. You should not attempt to visit Blocks Two - Five.
Many rural areas in the north and east are heavily land-mined. Always obey signs warning about the danger from land-mines and do not step off main roads.

Did the Govt. death squad kill the arrested Tamil Tiger leaders in the prisons?

The Sri Lanka Guardian in its online news said that information filtering through highly restricted government sources confirms a number of LTTE leaders arrested in the IDP camps immediately after the military defeat of the LTTE have been killed after severe torturing in the prisons in the southern Sri Lanka.

The news report further said: ‘Over one hundred odd LTTE men have been silently and systematically wiped out by the government death squads’ said one source. The sources said LTTE’s Balakumar (former EROS head), Yogaratnam Yogi, Karikalan and Pulavar Puthuvai were some of those being killed. They were arrested in the IDP camps and taken to Colombo for interrogation.
‘The government is maintaining dumbfounded silence about their arrests and whereabouts and only revealing the situation faced by Thaya Master and Suba Thamilchelvan’s interpreter George to sidetrack the massacre’ said another source anonymously.
The sources further said that the government failed to report the arrests and whereabouts of the LTTE men to the ICRC.

‘Sri Lanka can’t quell the Tamils’ thirst for equality and freedom’

Visuvanathan Rudrakumaran, the coordinator of the committee for the formation of provisional Transnational Government of Tamil Eelam (TGTE) in an exclusive interview to 'Tehelka,' shared his thoughts on the transnational government that they are trying to establish.


Excerpts from his interview:

Q: How confident are you about the success of the TGTE? How would it be different from the existing ‘governments in exile’ in various regions of the world?

A: We are very confident that this initiative will succeed. Even though the Government of Sri Lanka has brutally crushed the armed struggle, they cannot quell the Tamils’ thirst for dignity, equality and freedom. At present, not only is the survival of Tamils in Sri Lanka in danger, they also have no space to articulate their political aspirations. Thus, the Tamils’ political campaign can be pursued only from outside. What we are trying to establish is not a government in exile. We envisage a transnational government (TG) that does not require a host state. This government will be elected by the Tamil diaspora. There is no precedent of a TG created by an ethnic group. The TG we conceptualise will be our contribution to politics and political theory.

Q: Will Tamil refugees living in Tamil Nadu be part of the process? Will you seek the support of state parties and the Indian government?

A: Definitely. We will seek their support.

Q: Do you intend to visit Tamil Nadu to meet Chief Minister M Karunanidhi and other Tamil leaders?

A: We intend to meet [CM] Karunanidhi, Jayalalithaa [AIADMK chief], Nedumaran and Vaiko [both pro-Eelam leaders], Pandian [CPI state secretary] and other political leaders. We also intend to have discussions with civic leaders and intellectuals in Tamil Nadu and Delhi. India’s support is very important.

Q: When is your realistic deadline for electing the constituent assembly of the proposed TG? What will be the method of election?

A: We hope to have the elections during April 2010. However, we have been asked by many people to expedite the process. What we envisage is people going to the booths and voting.

Q: ‘Sri Lanka brutally crushed the LTTE, but they can’t quell the Tamils’ thirst for equality and freedom’

A: What would be your roadmap for achieving Eelam?

The TG, through its legitimacy, popularity and international support will become a power centre and create an equilibrium of power between the Sinhala nation and the Tamil nation. It will contribute towards creating a political arrangement where Sinhalese, Muslims and Tamils can live in peace.

Q: Have you received a favourable response from any country?

A: International support is essential for the success for this initiative. Since the TG is to be established in accordance with democratic principles, we hope democratic countries will support our initiative. We have received favourable responses from some countries.

Free civilians from detention camps: They deserve their freedom

Eventual resettlement no excuse for holding 280,000 displaced Tamils; keeping several hundred thousand civilians who had been caught in the middle of a war penned in these camps is outrageous. Haven’t they been through enough? They deserve their freedom, like all other Sri Lankans, says Brad Adams, Asia director for Human Rights Watch.

The Sri Lankan government should immediately release the more than 280,000 internally displaced Tamil civilians held in detention camps in northern Sri Lanka, Human Rights Watch statement said Tuesday.
The government, in violation of international law, has since March 2008 confined virtually all civilians displaced by the fighting between government forces and the separatist Liberation Tigers of Tamil Eelam (LTTE) in detention camps, euphemistically called "welfare centers" by the government. Only a small number of camp residents, mainly the elderly, have been released to host families and institutions for the elderly.
"Keeping several hundred thousand civilians who had been caught in the middle of a war penned in these camps is outrageous," said Brad Adams, Asia director at Human Rights Watch. "Haven't they been through enough? They deserve their freedom, like all other Sri Lankans."
The United Nations reported that as of July 17, 2009, the government was detaining 281,621 people in 30 military-guarded camps in the four northern districts of Vavuniya, Mannar, Jaffna, and Trincomalee. Camp residents are allowed to leave only for emergency medical care, and then frequently only with military escort. Inside the camps, humanitarian workers are prohibited, on threat of being barred from the camps, from discussing with residents the fighting in the final months of the conflict or possible human rights abuses.
Premkumar, 44 years old, told Human Rights Watch that he, his wife, and their 3-year-old daughter have been confined to a camp since they escaped the war zone in mid-May. He has been allowed out only once, when he managed to obtain a referral to a hospital.
"The way I see it, we are not internally displaced persons, we are internally displaced prisoners," Premkumar said. "We used to be in a prison controlled by [LTTE leader] Prabhakaran. Now we are in a prison controlled by the government."
In Kalimoddai and Sirukandal camps in Mannar district, established more than a year ago, some residents have been granted permission to leave the camp for short periods during the day. In these camps, they have to register with the military twice a day. Human Rights Watch has received reports that if a person fails or is late to register, the military may apply punitive measures, such as forcing the person to stand still under the sun for a period of time or to perform manual labor.
Sri Lanka's policy of confining the displaced to detention camps has been widely condemned. On May 15, for example, Walter Kälin, the UN secretary-general's representative on internally displaced persons, said: "Prolonged internment of such persons would not only amount to arbitrary detention but it also aggravates the humanitarian situation needlessly."
In response to domestic and international criticism, President Mahinda Rajapaksa has tried to justify the detention policy by claiming that anyone in the camps could be a security threat. The government has sought to play down the situation, insisting that the displaced civilians will be quickly resettled. In May, the government said it would resettle 80 percent of them by the end of this year. Now the Minister of Foreign Affairs says the goal is 60 percent. The government has not provided any concrete resettlement plans, however, and displaced persons have not received any information about when they might be allowed to return home.
The military has reportedly removed several thousand camp residents for alleged membership or support of the LTTE, and transferred them to rehabilitation centers for LTTE fighters or to Colombo, the capital, for further interrogation. In many cases, the authorities have failed to inform relatives remaining in the camps about the fate and whereabouts of those removed, raising concerns of possible ill-treatment or enforced disappearance. The order to humanitarian workers not to talk to camp residents limits their ability to protect people from abuse.
While the Sri Lankan authorities are entitled to screen persons leaving the war zone to identify Tamil Tiger combatants, international law prohibits arbitrary detention and unnecessary restrictions on the right to freedom of movement. This means that anyone taken into custody must be promptly brought before a judge and charged with a criminal offense or released. Although human rights law permits restrictions on movement for security reasons, the restrictions must have a clear legal basis, be limited to what is necessary, and be proportionate to the threat.
"Vague promises about the future release of the people illegally locked up in detention camps are no justification for keeping them there," said Adams. "Every day in the camp is another day that the government is violating their rights."
The situation of camp residents is aggravated by inadequate living conditions in the camps. Many are overcrowded, some holding twice the number recommended by the UN High Commissioner for Refugees. According to the UN, there is a shortage of latrines and access to water is inconsistent, causing hygiene problems. In June alone, health officials recorded more than 8,000 cases of diarrhea, as well as hundreds of cases of hepatitis, dysentery, and chickenpox.
Numerous reports indicate that camp residents are getting increasingly frustrated with the inadequate food, overcrowding, and inability to visit relatives in adjacent camps or elsewhere. In late June, they held at least two protests in the camps, which were dispersed by the security forces.
The government has effectively sealed off the detention camps from outside scrutiny. Human rights organizations, journalists, and other independent observers are not allowed inside, and humanitarian organizations with access have been forced to sign a statement that they will not disclose information about the conditions in the camps without government permission. On several occasions, the government expelled foreign journalists and aid workers who had collected and publicized information about camp conditions, or did not renew their visas.
On July 24, the executive board of the International Monetary Fund approved a US$2.6 billion loan to Sri Lanka, granting the government an "exceptional level of access to Fund resources." Several countries – including the United States, United Kingdom, France, Germany, and Argentina – abstained from the vote, reflecting concern about human rights violations during the conflict and continued abuses, including mistreatment of internally displaced persons. Installments of the loan will have to be approved every three months.
"The world recognizes that Sri Lanka needs money to rebuild the country," said Adams. "But the government's treatment of its Tamil population in recent months has drained much of the sympathy for the challenges it faces. The government needs to change course or expect greater international scrutiny in the future."

Rajapakse’s “final resolution” of the Tamil problem and India’s options

The death of the Liberation Tigers of Tamil Eelam supremo, Velupillai Prabhakaran, circa May 18, 2009 remains an enigma wrapped in mystery. The exact details of what happened, we may never know. Things have never been what they appeared on surface. Colombo’s media management techniques are a legion. Therefore, peering through a looking glass into the future of Sri Lanka becomes quite problematic.

The bottom line, of course, is that a question mark must be put on the intentions of President Mahinda Rajapaksa in the period ahead. He presides over a virtual military-political camarilla in Colombo that rides roughshod over the parliament, judiciary and the media, which he will be extremely loathe to dismantle.
Equally, the outside world is hardly aware of the murky activities of the death squads that have carried out hundreds of abductions, “disappea-rances” and murders in the recent months, inclu-ding prominent politicians and editors. The key political decisions are taken by the president and his brothers and a small cabal of trusted aides, and military and police chiefs.
Clearly, strong vested interests have developed through the brutal civil war, involving the military, bureaucracy, Buddhist clergy and the business elite, who will not easily vacate their vantage positions on the mere plea that war has ended.

Clausewitzean War

This has been a Clausewitzean war. Army Commander Lt General Sarath Fonseka told a western interviewer with absolute non-chalance: “I strongly believe that this country belongs to the Sinhalese. We being the majority of the country, 75 per cent, we will never give in and we have the right to protect this country. They (minorities) can live in this country with us. But they must not try to, under the pretext of being a minority, demand undue things.” Rajapaksa will whip up Sinhalese chauvinism to consolidate himself politically.
What all this boils down to is that Indian policies operate within strict parameters. One, any “political solution” to the Tamil problem will be on Rajapaksa’s terms. The Sinhalese regard their country as the last bastion of Theravada Buddhism. India’s locus standii is inherently controversial in the Sinhalese perceptions.
Two, the Sinhalese are highly sophisticated practitioners of diplomacy. In March 2007, they signed an Access and Cross Servicing Agreement with the US that allows American warships and aircraft to use facilities in Sri Lanka as quid pro quo for Washington’s political and military support for Rajapaksa’s all-out war against the LTTE.
But in March 2009, they depended on China and Russia to block a US move in the UN Security Council for humanitarian intervention in Sri Lanka. If India is not “cooperative”, Rajapaksa will not hesitate to show us the door. He knows he has options other than India.
Three, Rajapaksa indeed has a blueprint for the final resolution of the Tamil problem. It involves the systematic colonisation by the Sinhalese of the Tamil homelands north of Elephant Pass so that over the next decade or so, the demography of those regions will be altered to the disadvantage of Tamils. This was how Colombo “solved” the Tamil problem in the eastern provinces of Trincomalee, Batticaloa and Ampara.
Four, the Sinhalese establishment will promote an exodus of Tamils to India as a matter of state policy. As victims of state discrimination, Tamils will be willing or even eager to migrate to India as time passes. This will constitute the Sinhalese establishment’s “permanent solution” to the Tamil problem.
Alas, these are unpalatable thoughts. But what are India’s options? Paradoxically, Delhi’s political leverage over Colombo will diminish in the post-LTTE era. Delhi needs to make up for its loss of influence by working with the international community.
It suits Delhi to promote an urgent international monitoring mission in Sri Lanka, which safeguards the welfare of the hundreds of thousands of displaced Tamils who are interned in virtual concentration camps and are highly vulnerable to coercion and violence. India must also mobilise the international opinion in favour of initiating a political process with the aim of finding a durable settlement of the Tamil problem within a reasonable timeline.

Visceral Opposition

The Sinhalese establishment will no doubt show visceral opposition to any outside intervention. Quite conceivably, a Sudan-like diplomatic stalemate may arise. But then, Sri Lanka faces a worsening foreign exchange crisis and is urgently in need of a $1.9 billion dollar IMF loan. Rajapaksa’s regime faces growing popular unrest over declining living standards due to the costly war and the global economic crisis that has caused a sharp fall in commodity prices and export earnings.
Sri Lanka has virtually exhausted all access to domestic borrowing and international markets. The IMF conditionalities should include a verifiable commitment by Rajapaksa to move forward with an internationally supervised peace process. The European Union has done the right thing by calling for an inquiry into war crimes.
A complicating factor is that Sri Lanka has become a theatre of big-power rivalry. The Sinhalese establishment views China as its “steadfast ally.” The payoff for Beijing has been the $1 billion deal to construct a major port facility comprising container port, bunkering system, oil refinery, airport, etc. in Hambantota, which China fancies as a trans-shipment hub.
India has a common interest with the US in countering China’s strategy. No matter the motives behind the US’ current emphasis on a “political settlement”, after having been a staunch supporter of Rajapaksa’s war, Delhi must closely work with the Barack Obama Administration.



by M K Bhadrakumar, Bhadrakumar is a former diplomat; Courtesy: Deccan Herald

The urgency of bearing witness: Conflict may be over, not the battle to reach victims

First they were captives of a conflict in which their freedom and security was thwarted at every turn. Now huge numbers of the Tamil population of Sri Lanka find themselves trapped again, unseen for the most part and wholly unprotected, says the Medical Foundation for the care of victims of torture (torturecare.org).

The torturecare.org in its feature article on Monday said, the conflict may officially be over, but the battle to reach the victims is not. Aid agencies, the media and even the Red Cross have all been denied access to the military-run camps where an estimated 300,000 civilians are languishing in dangerously impoverished, hostile conditions.
The Sri Lankan government maintains that it will resettle those currently interned, describing its battle against the Tamil Tigers as "a humanitarian operation to safeguard the people of the area". But the reality is far different.
The UN has accused the Sri Lankan government of waging "a war without witnesses". While those still locked inside the camps are prevented from speaking out, the testimonies of those who were fortunate to survive provide ample testimony to a worsening humanitarian crisis.
Since 2006, when the peace process was finally abandoned and northern Sri Lanka was once again gripped by conflict, waves of survivors have sought help from the Medical Foundation for the Care of Victims of Torture (MF). In 2005, before the e re-escalation of the conflict, just 50 people were referred. By 2008, that number had almost quadrupled to 187.
Stories of rape, sexual abuse, burnings with hot irons and long periods of solitary confinement are commonplace. All parties to the conflict, from the Liberation Tigers of Tamil Eelam (LTTE) to the police and paramilitary groups, have been implicated. The Sri Lankan army is particularly notable for its appetite for torture. Yet the army has evaded an investigation into its actions during the war and since, in the military-run camps now being operated in the north.
One of many young Tamil men to have survived the notorious military-run Joseph Camp in Vavuniya is fretful about the fate that may have met the family he was forced to leave behind when he fled Sri Lanka last year. He was detained by the military during one of many sweeps that the authorities made of Tamil Tiger controlled areas, picking up young people regardless of whether they had any active involvement with the LTTE.
He was beaten and sexually abused almost daily for the two months he was held. He was never allowed out of the bare cell in which he was kept, but he vividly recalls hearing the screams of other Tamils, particularly women, being tortured.
Just one week ago, he spoke to a close friend who is still detained in an army camp in the north, who told him of life in the barbed-wire surrounded camps, where there is practically no food and people are treated like animals: "Tamils are dying and disappearing, this is a genocide that the government is aiding and abetting and nobody has lifted a finger to help while our people are being butchered.
"We need the whole world to put pressure on the Sri Lankan government to give access to foreign countries otherwise most of the people will be killed before anyone sees. They should give access to the war zone to see how many people have been buried there and to witness what life has been like for so long amidst all this destruction.
"I don't believe anything the government says now about protecting the Tamils - after the experience that I had when I hadn't even committed a crime, I cannot believe them now."
Any aspirations that the younger generation of Tamils had to build jobs, careers and families, feel lost to them. Their only memories are of violence and war. If they are to be given a chance to rebuild a future, "the world must be allowed in to see and the Tamils must be freed from the camps and allowed to return to their houses".
But those exiled to the UK only hear horror stories via phone calls from people in Sri Lanka and messages relayed through the Tamil community in the UK, of young people being abducted from the camps and of suggestions that the army is still intent on wiping out the Tamil population.
Another young woman recalls the brutality of the camps, the incessant torture which saw her whipped with canes, kept in solitary confinement, burnt with cigarettes and suffocated with a petrol-soaked bag for more than two months. She too is filled with dread thinking about what may have happened to the family she has had no contact with since she escaped to the UK last year:
"Other women who were arrested at the same time as me are still in the camps, who knows how many are living and how many are dead."
Exiled from their country and with their families feared trapped in the camps or worse, a small group of Tamils have come together in a therapeutic group established at the MF to form links between a people whose connections to all that they held dear have been severed by war.
By far what galvanises their resolve more than anything else is the determination to counter the Sri Lankan government's attempts to deny reports of torture and ill-treatment. One young man says: "There are so many more people like us, we are not the only ones, and yet the international community doesn't really know the truth." Another woman says: "This really happened to me, why shouldn't the government know it?"
With the people of Sri Lanka increasingly cut off from the outside world, it is now more important than ever that the outside world demands to be allowed in, to provide help that is so obviously needed and to see the uncensored reality.

End of conflict brings no respite to children from human rights abuses

Despite the end of hostilities, children in Sri Lanka continue to be at risk of forced recruitment, arbitrary detention and other human rights abuses, the Coalition to Stop the Use of Child Soldiers (Coalition) said Tuesday. In a new briefing to the Security Council Working Group (Working Group) on Children and Armed Conflict, the Coalition urged the Sri Lankan authorities to act immediately to protect conflict-affected children.

Children are among dozens of people who have been detained by security forces in internally displaced person (IDP) camps in Vavuniya, apparently for their alleged links to the Liberation Tigers of Tamil Eelam (LTTE). In one case in June 2009, a group of four or five girls and boys from a camp in Menik Farm were reportedly detained and questioned by members of the Sri Lankan military. One of the girls admitted that she had been with the LTTE for two days. The children were subsequently taken away and there has been no news of them since.
“The families of children taken by the security forces from detention camps have no idea where they are -- if they are in detention, have been taken to rehabilitation centres or have disappeared” said the Director of the Coalition, Victoria Forbes Adam.
Given the background of large-scale disappearances in Sri Lanka, there are grave fears that some of the reported incidents of children and adults being removed from IDP camps may represent enforced disappearances.
“There are simple steps that can be taken to enhance the security of children in IDP camps including allowing unhindered access to independent human rights monitors and maintaining a centralized register of all persons in the camps. Families should also be informed of where their children have been taken and their access to them should be facilitated” said Victoria Forbes Adam.
The Coalition has received reports of continued abductions for ransom and forced recruitment of children by pro-government armed groups. Unverified reports indicate that young boys in rehabilitation centres in Vavuniya have been forced to join pro-government armed groups including the Eelam People‟s Democratic Party (EPDP) and Tamil People‟s Liberation Front (TMVP). They are now reportedly collecting „protection money‟ from merchants and traders in Vavuniya town. There are also sporadic reports of child recruitment in Batticaloa district by the TMVP and cadres loyal to the former TMVP leader, V. Muralitharan, known as Karuna.
“Armed groups are clearly operating with the support of the security forces who are allowing them access to IDP camps and centres for surrendees and using them to identify individuals formerly associated with the LTTE. The Sri Lankan authorities must act immediately to prevent armed groups from entering facilities where children are housed and must investigate reports of ongoing abductions and recruitment by them” said Victoria Forbes Adam.
An entrenched culture of impunity in Sri Lanka facilitates ongoing abuses against children. In 2007 the government initiated an investigation into elements of the armed forces suspected of complicity in the forced recruitment of children by the TMVP. Twenty-three months later it has yet to be completed. In the meantime, Karuna, the former head of the TMVP, has been made a government minister. Karuna also stands accused of recruiting thousands of child soldiers when he was an LTTE commander prior to his split with the group in 2004. No known action has been taken against any member of the security forces or of any armed group suspected of child abductions or forced recruitment.
Intense recruitment of children by the LTTE during the final phase of the conflict has created serious challenges for the release and reintegration of underage recruits. While the government has set up a framework to provide support for children leaving armed groups through the establishment of accommodation and rehabilitation centres, the efforts fall short of internationally recognized best practice. Under the framework, there are concerns that former child soldiers may be held in custody for up to one year without clear grounds. Further, there are concerns about the inadequate access of these children to their families; the incomplete separation of children from adults; and the security of children in the centres.
“The end of the 25-year long conflict represents a unique opportunity to release and reintegrate all former child soldiers and to assist thousands of other conflict-affected children in Sri Lanka. It will take concerted and coordinated efforts by the Sri Lankan authorities and the international community to ensure that this opportunity is not squandered.”

US concerned over Sri Lankan camps; Reconciliation vital

Visiting US Assistant Secretary of State for Population, Refugees, and Migration Eric P. Schwartz expressed concern over hundreds of thousands of people displaced by war and continued to be confined in military-run camps for more than two months now. He pledged funds to help their resettlement.



Eric P. Schwartz spoke to reporters Monday in Colombo after visiting the Manik Farm, the largest camp for IDPs in Vavuniya. He said the U.S was "deeply concerned about a range of issues where further progress is essential.


He also announced $8 million to help hasten the resettlement and recovery process of 280,000 displaced Tamil people living in internment camps.


"In particular the vast majority of displaced persons remain confined to camps," "Moreover there remain burdensome limitations on access to those camps for those international humanitarian organizations and others who are in a position to ameliorate the conditions faced by these victims of conflict," Associated Press reported quoting Eric P. Schwartz.


AP further reported Schwartz saying, that President Mahinda Rajapaksa and other top officials have assured him of "significant and substantial returns" of displaced people to their homes over the next month.


Foreign diplomats and aid workers fear that the camps are actually internment camps where the displaced people are being held indefinitely. Schwartz said he raised the issue with government officials who insisted that camps were only temporary.


He said the government also invited him back to observe the process of return and recovery. He said he hoped to do so. He added that the extent of relations between Sri Lanka and the US hinges on the outcome of the reconciliation process in Sri Lanka.

IMF defends Sri Lanka loan amid human rights worries

The International Monetary Fund defended a $2.6 billion loan to Sri Lanka on Monday saying it is aware of human rights concerns by donors but the funding is needed to prevent a devastating balance of payments crisis.


The loan was approved by the IMF board on Friday with opposition from several countries including the United States, Britain, Germany, France and Argentina, which expressed concern at human rights abuses in Sri Lanka.

"In Sri Lanka's case they have been hit by the global crisis and the IMF's mandate is to address and ward off balance of payments crises," IMF mission chief to Sri Lanka, Brian Aitken told reporters on a conference call.

"The balance of payments crisis sounds rather dry but it really would have a devastating impact on the economy and on the people, particularly the most vulnerable," he added.

Aitken said the IMF was in regular contact with humanitarian groups and diplomats over human rights worries.

Months after the end of the civil war with the Liberation Tigers of Tamil Eelam, the Sri Lankan government continues to hold thousands of Tamils displaced by the fighting in detention camps, according to Human Rights Watch.

Aitken said none of the IMF funding would be directed through the government budget. Instead, the entire loan is going toward rebuilding the central banks currency reserves, which have been drained by the collapse in global trade that has affected the country's mainstay garment industry.

"The hope is that the loan provides a framework in which multilateral and bilateral donors can support the reconstruction effort directly," he added.

He also said it was important that Sri Lanka's foreign exchange policy remained flexible to meet targets for rebuilding international reserves to at least 3.5 months of imports by the end of the 20-month program.

"The program is targeted to increase reserves and the exchange rate under those circumstances needs to be flexible to respond to changes in foreign exchange flowing into the country," Aitken said.

Aitken said as the global crisis dissipates, Sri Lanka's growth should rebound quickly on the back of post-war rebuilding. He said the IMF agreed with the central banks' forecast for economic growth of 3 percent for 2009. ((Reuters, Washigton; by Lesley Wroughton)

Can Sri Lanka fulfill agreed economic reforms with IMF?

The International Monetary Fund (IMF) approved a $2.6 billion loan for Sri Lanka to help the country through the global financial crisis and rebuild following a 25-year civil war.



Sri Lanka will immediately be able to tap the first disbursement of $322 million under the 20-month programme but the rest will be phased in, subject to quarterly reviews.


Following are some questions and answers on key conditions and whether the government will be able meet them.


What is the hardest condition for Sri Lanka to meet?


Maintaining a 7 percent budget deficit in 2009. Latest Ministry of Finance data showed the deficit has already hit 4 percent in the first four months of this year and economists expected the full-year figure to reach at least 9 percent.


They say the government will be forced to revise its populist policies to more economically rational ones if it wants to receive the entire $2.6 billion loan.


The 5 percent fiscal deficit target in 2011 will also be a difficult task for President Mahinda Rajapaksa, who faces a parliamentary and presidential election before then.


Analysts say the Rajapaksa administration, which has already promised to cut military expenditure after the war, could introduce new indirect taxes to increase revenue.


But that might be unpopular with the electorate. So Rajapaksa could take advantage of his current high popularity and call for elections early and, assuming he wins, implement the less popular policies afterwards.


What will IMF do if Sri Lanka fails to meet the conditions?


Initially, the IMF is likely to be flexible, taking into consideration Sri Lanka's post-war situation. However, continued failures to meet conditions will compel the lender to stop disbursement of the loans, which would be negative for domestic markets. The IMF discontinued a previous loan programme due to Sri Lanka's failure in adhering to its conditions in 2001.


What impacts will the conditions have on the economy?


Inflation is expected to pick up. The government has agreed with the IMF to halt subsidies to loss-making state enterprises Ceylon Electricity Board (CEB) and the Ceylon Petroleum Corporation (CPC). That is likely to lead to higher inflation via increased energy prices, raising pressure for policy rates to rise.


Will the exchange rate policy be an issue?


No. One of the conditions state that the central bank must allow flexibility in the foreign exchange rate and limit intervention to smooth volatility in the market. But the IMF has also said the flexibility should help maintain exporters' competitiveness, suggesting it is in line with the current central bank policy of intervening only when the rupee is depreciating.

Central bank Governor Ajith Nivard Cabraal told Reuters on Monday that the rupee is trading at a reasonable rate and it will continue to maintain a stable exchange rate.


Traders also expect the rupee remain steady.(Reuters, Sri Lanka)