Sri Lanka: what the UN council should have addressed; possible help from Rep. Shuler

Yesterday, I wrote on this blog about how the UN Human Rights Council failed to protect human rights with its recent resolution on Sri Lanka.  If you want to learn about the violations that the Council should have addressed, read the Sri Lanka entry from the Amnesty International 2009 Report, which has just been released.  It details the abuses committed during 2008 by the Sri Lankan security forces as well as the opposition Tamil Tigers.

On a separate note, if you’re a constituent of U.S. Representative Heath Shuler (11th District, North Carolina) or know someone who is, you should know that the Congressman has just concluded a visit to Sri Lanka (at least, according to the Sri Lankan Defence Ministry).  It’d be great if his constituents could write to him and get him to press the Sri Lankan government to give journalists and aid agencies full, unimpeded access to the hundreds of thousands of displaced civilians in internment camps in northern Sri Lanka.  I’d also appreciate it if his constituents could get him to come out publicly in favor of an international investigation into the human rights abuses and war crimes committed by both sides during the conflict in Sri Lanka.  If the Congressman adds his voice to those of Amnesty International, the UN High Commissioner for Human Rights, and The New York Times (all of whom have called for such an international investigation), maybe we can get the U.S. and other governments to establish one during next week’s regular session of the UN Human Rights Council.

UN Human Rights Council flunks test on Sri Lanka

I can’t tell you how disappointed I am.  The UN Human Rights Council concluded its special session on Sri Lanka yesterday by adopting a resolution proposed by the Sri Lankan government.  The Council’s session should have been used to examine the reports of human rights violations and war crimes occurring during  the recent fighting between the Sri Lankan security forces and the opposition Tamil Tigers.  On May 17, the Sri Lankan government had announced that it had defeated the Tigers, recapturing all the territory controlled by them and killing their leaders.  The Tigers had been fighting over the past 26 years to establish an independent state for the Tamil minority in the north and east of the country.  Both sides have committed gross human rights violations and war crimes over the course of the conflict.

Amnesty International had called for the Council to set up a fact-finding mission to look into allegations of abuses of human rights and international humanitarian law by both sides.  The UN High Commissioner for Human Rights told the Council’s special session that an independent, international investigation should be undertaken into these abuses.  Both also called for the Sri Lankan government to give journalists and aid agencies unimpeded access to the hundreds of thousands of displaced civilians who’ve been placed by the government in overcrowded internment camps which they can’t leave.

Of course, the Council’s resolution, since it was drafted by the Sri Lankan government, does none of these things.  While condemning the Tigers, it makes no mention of abuses committed by the government forces.  It simply acknowledges that the Sri Lankan government would provide aid agencies with access “as may be appropriate” to the displaced civilians.  

What’s next for the Human Rights Council – asking the Sudanese government to draft a resolution on Darfur?  asking the government of Myanmar to draft a resolution on Aung San Suu Kyi?  The Council could still redeem itself; its next regular session starts next Monday, June 2.  The Council should take up action again on Sri Lanka and this time live up to its responsibilities by establishing an international investigation into the abuses committed by both sides and ensuring unimpeded access for aid agencies and the media to the displaced civilians.

Yesterday was a very sad day for the cause of human rights in Sri Lanka.  Let’s hope it’s not repeated.

Sri Lanka: effective action needed from UN Human Rights Council

The U.N. Human Rights Council will hold a special session on Sri Lanka in Geneva on Tuesday, May 26 (and not May 25 as I reported earlier).  Today, the Sri Lankan government tried to head off any serious review by the Council of the human rights situation in Sri Lanka by tabling a self-congratulatory resolution to be adopted by the Council.  For the sake of all the victims of the recent violence in Sri Lanka, the Council should reject Sri Lanka’s proposed resolution.

Even now, after the fighting between the Sri Lankan security forces and the opposition Tamil Tigers appears to have mostly ended, Amnesty International continues to receive credible reports of widespread human rights violations by the security forces and their paramilitary allies, including enforced disappearances, torture and political killings.  More than 250,000 civilians displaced by the recent fighting, including some 80,000 children, are being held in internment camps without adequate security, food, water and medical care.  The Sri Lankan government has recently restricted access to the camps by international aid agencies, including the U.N. and the International Committee of the Red Cross.

The Human Rights Council should note that the human rights issues in Sri Lanka go beyond the current humanitarian crisis.  They stem from a breakdown in the rule of law and a pervasive climate of impunity which has seen human rights violations by the security forces go unpunished for decades.  I should also mention that the Tamil Tigers have over the years been responsible for gross human rights abuses, including deliberate and indiscriminate killings of civilians, torture of prisoners, and the forced recruitment and use of child soldiers. 

Switzerland also tabled a draft resolution today for the Council’s special session.  While it’s much stronger than Sri Lanka’s own resolution, it doesn’t go far enough.  It calls for Sri Lanka to undertake investigations into human rights violations and bring the perpetrators to justice.  Given the Sri Lankan government’s weak institutional mechanisms for human rights and repeated failures to hold violators accountable, we need international involvement.  The Council should set up an international fact-finding mission to investigate abuses of human rights and humanitarian law by both the security forces and the Tigers.  It should also establish a UN human rights monitoring mission in Sri Lanka, to help the Sri Lankan government to implement reforms to provide effective safeguards for human rights.

Finally, I don’t want to omit the immediate crisis.  The Council must persuade the Sri Lankan government to open up the internment camps so that aid agencies can provide the necessary assistance and reporters can find out the truth of what’s been happening.  International monitors should be placed at all registration and screening points, internment camps and detention places, so that human rights violations are prevented.  The displaced civilians should be allowed to leave the camps if they wish – they’re not prisoners of war, they’re people who were trapped in the crossfire against their will and have already suffered too much.  They desperately need the Council’s assistance now.  We’ll be watching Geneva next week.  I hope we’re not disappointed.

Children abducted from Sri Lankan camps

I read some shocking news this morning.  The Coalition to Stop the Use of Child Soldiers (of which Amnesty International is a member) said yesterday that children are being abducted from refugee camps in northern Sri Lanka by Tamil paramilitary groups allied with the government.  It’s not clear what the motives are for the abductions.  Some children may have been taken due to suspicion of links with the opposition Tamil Tigers, while others appear to be kidnapped for ransom.  The abductions are happening at night when security at the camps is reduced.

The Sri Lankan government recently completed its military offensive against the Tigers, recapturing all the territory held by them and reportedly killing their leaders.  The Tigers had been seeking an independent state for the Tamil minority in the north and east of the island.  About 270,000 civilians were displaced by the fighting in recent months and are now in overcrowded camps in the north which they’re not allowed to leave.

The UN Special Representative of the Secretary-General for Children and Armed Conflict, Radhika Coomaraswamy, said recently that she was negotiating with the Sri Lankan government to send a special envoy to assess the situation of children in Sri Lanka first hand.  The Sri Lankan government has reportedly agreed in principle to such a visit.

It’s urgent that the Sri Lankan government provide adequate security immediately at the camps to protect the children.  We can’t wait for the UN special envoy to arrive in Sri Lanka.  The people of Sri Lanka have suffered enough during the war between the government and the Tamil Tigers.  No more parents should experience the anguish of losing their children.

UN Human Rights Council to hold special session on Sri Lanka

Good news!  The U.N. Human Rights Council will hold a special session in Geneva on Monday, May 25, on the human rights situation in Sri Lanka.  The Sri Lankan government has recently reconquered all the territory controlled by the opposition Tamil Tigers.  The Tigers had been fighting for over 26 years in pursuit of an independent state for the Tamil minority in the north and east of Sri Lanka.  The conflict has been accompanied by scores of human rights abuses and war crimes committed by both sides. 

The Human Rights Council should at least do the following for the people of Sri Lanka:

  1. Establish an international commission of inquiry to investigate war crimes and human rights abuses by both sides and hold accountable those found responsible
  2. Persuade the Sri Lankan government to open up the conflict zone and the internment camps holding displaced civilians to aid agencies and journalists, so that the civilians can get the aid they need and the truth about the war can emerge
  3. Get international monitors deployed at all places where the Sri Lankan government is screening people to separate captured Tigers from civilians, so that the rights of everyone being screened are protected
  4. Have the Sri Lankan government allow displaced civilians to leave the internment camps if they choose
  5. Have the Sri Lankan government immediately release the detained journalist, J.S. Tissainayagam, and drop all charges against him
  6. Get the Sri Lankan government to release the three doctors who had been reporting from the war zone and were recently detained, unless they are promptly charged with a recognizable crime

UN Secretary-General to visit Sri Lanka

U.N. Secretary-General Ban Ki-moon announced yesterday that he will be visiting Sri Lanka this coming Friday and Saturday, May 22-23, to visit the conflict zone and the camps for the internally displaced civilians.  The Sri Lankan government had said last Monday that its forces had defeated the opposition Tamil Tigers, killing their leaders and reconquering all the area once controlled by the Tigers.  Toward the end, the Tigers had with them an estimated 50,000 civilians who they were using as human shields and preventing from leaving the conflict area.  Around 200,000 other civilians were able to flee the war zone and have been held by the government in overcrowded internment camps which they can’t leave.  The Sri Lankan government had barred journalists and most aid agencies from the war zone for months.  The UN and other aid agencies are reportedly still trying to get access to the area.

I hope Secretary-General Ban is able to get the Sri Lankan government to open up the war zone and the internment camps to the UN, other aid agencies and journalists.  The long-suffering civilians should immediately get the care they need and be allowed freedom of movement, the same as other citizens of the country.  We need to find out what happened in the last stages of the war and hold anyone who committed war crimes accountable.

Sri Lanka arrests three doctors

I’m very worried.  In the final days of the war between the Sri Lankan government and the opposition Tamil Tigers, it had been hard to get reliable information as to what was happening in the war zone, since the government had barred access to the area to independent observers.  One of the few sources of information were the reports from three government-employed doctors (Drs. T. Sathiyamoorthy, Varatharajah and Shanmugarajah) who were working in the  war zone.  They provided eyewitness accounts to reporters detailing the suffering of the civilians trapped in the area, many of whom died from war-related injuries.  Their reports highlighted continuous shelling of areas in which civilians were concentrated.

The three doctors were reported to have left the war zone on May 15 with about 5,000 other civilians.  They were last seen at a holding area at the Omanthai checking point.  Amnesty International has gotten reports that Dr. Varatharajah was seriously injured and was airlifted by the Sri Lankan Air Force to an unknown destination.  We also understand that Drs. Sathiyamoorthy and Shanmugarajah were arrested and are now in the custody of the Terrorist Investigation Division, a police unit, in the capital, Colombo.  However, no detention order has been issued so their relatives don’t know where they are or what their status is.

I’m very concerned that the doctors may have been detained in reprisal for the reporting they had done from the war zone.  A Sri Lankan health official has been quoted as saying that they were detained on accusations that they gave false information about civilian casualties to the media.  A top UN official yesterday said that the doctors had “performed absolutely heroically” and expressed concern about their fate.

Please write to President Mahinda Rajapaksa (Presidential Secretariat, Colombo 1, Sri Lanka, email:  [email protected]) and to the Sri Lankan Ambassador to the U.S., Jaliya Wickramasuriya (email:  [email protected]).  Please ask that the doctors be released immediately from detention unless they’re promptly charged with a recognizable crime.  They should be given all the medical care they need, especially Dr. Varatharajah, as well as access to their relatives and lawyers of their choice.  Thanks for your help.

International access needed to Sri Lankan former war zone

For those who haven’t already heard, the Sri Lankan government announced today that its forces had defeated the opposition Liberation Tigers of Tamil Eelam (LTTE), with all the LTTE leaders being killed this morning.  The LTTE (or Tamil Tigers, as they’ve been called) have been fighting for over three decades for an independent state for the Tamil minority in the north and east of the island.  The Sri Lankan military has now reconquered the territory once controlled by the Tigers.

I have previously posted entries on this blog expressing concern for the estimated 50,000 civilians being held as human shields by the LTTE in the war zone.  Should I be happy that the war is over?  After all, the Sri Lankan government announced yesterday that all the civilians trapped in the war zone had been rescued by the army.  According to a Sri Lankan minister, it had been done “without shedding a drop of blood;” he also said that there “was no bloodbath as some people feared.”  I’d like to believe him and the Sri Lankan government.  But they’ve denied access to the war zone for months to aid agencies and journalists, so we only have their word for it.  As the UN said today, it’s hard to be sure about reports from the former war zone.  The International Committee of the Red Cross (ICRC) today said that it hadn’t been able to reach the area so it didn’t have first-hand information about the needs of civilians and wounded people in the area.

Amnesty International today called on the Sri Lankan government to provide aid agencies, including the UN and the ICRC, with full access to the former war zone in order to help all those in need of assistance.  Beyond that, the government should take additional steps to prevent abuses of the displaced.  We’ve already reported that some young men fleeing the war zone had “disappeared” after being detained by the army.  The Sri Lankan government should immediately implement a proper registration process for the displaced civilians and allow international monitors into the area to observe all camps, detention places and registration and screening points.   That’s the best way to protect the displaced and avoid any further human rights violations.  I’m sure we all hope for a better future now for Sri Lanka’s long-suffering people.  Having the Sri Lankan government open itself now to international scrutiny would be an important step toward securing that future.

Disappearance of Sri Lankan human rights defender

It’s not only the war zone in northern Sri Lanka where people are at risk.  On May 7, Stephen Sunthararaj was abducted in Colombo, the capital, by five men dressed in military uniform and carrying pistols.  At the time, he was traveling in his lawyer’s car with his wife and two children, when two men on motorcycles pulled up in front of the car to stop it.  As the car stopped, a white van pulled up next to it and the five men emerged and forced Sunthararaj into the van which then drove off.  There’s been no word from Sunthararaj since then.  The police haven’t started any investigation and the Sri Lankan authorities haven’t provided any information as to his status or whereabouts.

Sunthararaj’s enforced disappearance may be due to his work as a Project Manager at the Centre for Human Rights and Development, a Sri Lankan human rights organization.  At the time of his abduction, he had just been released hours earlier from police custody.  He had been arrested by the army on February 12 in Colombo and later transferred to the police.  He was never charged with any offense.

Sri Lanka’s security forces have been responsible for tens of thousands of enforced disappearances over the past thirty years.  Last year, the U.N. Working Group on Enforced or Involuntary Disappearances expressed concern about the high number of recent cases of enforced disappearances reported from Sri Lanka.

Please write to President Rajapaksa (Presidential Secretariat, Colombo 1, Sri Lanka, email:  [email protected] or [email protected]) on behalf of Sunthararaj.  Ask that the government carry out an independent investigation into his enforced disappearance and prosecute those responsible.  If he is found to be in custody, he should either be promptly charged with a recognizable criminal offense or else immediately released; while he is detained, he should be treated humanely and given access to his family, lawyer and medical care.  Ask that the government ensure that human rights defenders are able to carry out their work without fear of harassment or intimidation.  Thanks.

Red Cross: Sri Lankan war zone a "humanitarian catastrophe"

The International Committee of the Red Cross today described the Sri Lankan war zone as “an unimaginable humanitarian catastrophe.”  For the third consecutive day, the ICRC has been unable to evacuate seriously wounded or ill patients and deliver desperately needed food, due to ongoing combat in the area.  The U.N. reported today that fighting between government forces and the opposition Tamil Tigers was continuing with heavy casualties in the war zone, which is about the size of Central Park in New York.  The U.N. has continued its high-level involvement; it was announced that Secretary-General’s chief of staff would be sent to Sri Lanka to try to help resolve the humanitarian situation.

Despite statements by President Obama and the UN Security Council yesterday on the crisis, neither the Sri Lankan government nor the Tigers have agreed to a pause in the fighting in order to allow civilians to leave the war zone safely and to allow aid into the area.  Instead, both the Sri Lankan government and the Tigers appeared to welcome the parts of the statements that criticized the other side without agreeing to the commitments being asked of them.  The only good news I saw was a statement by the Sri Lankan government that over 3,300 civilians had escaped from the war zone today.

The Sri Lankan government has been engaged in a military offensive to reconquer territory held by the Tigers, which has been fighting for an independent state for the Tamil minority in the north and east of the island.  The military has now confined the Tigers to a small pocket of land in northeastern Sri Lanka.  Trapped with the Tigers are an estimated 50,000 or more civilians, who are being used by the Tigers as human shields and not allowed to leave the conflict area.

AI has called for an international commission of inquiry to investigate violations of international law by both sides.  The British government today supported that call.

We urgently need both the Sri Lankan government and the Tigers to halt the fighting, in order to allow civilians to leave the war zone and aid to get into the area.  Both sides should understand that the world is watching and they’ll be held to account for their actions.