Sri Lanka: TNA responses to statement made by FM G.L.

Peiris at HRC25

Open hospital in Vanni war xone( photo: JDS)

T ! r s d a y" M a r # $ % " 2 & $ ' ''In regard to the killing of a large number of Tamil civilians in the final stages of the war, the ascertainment of the truth would largely depend on how many of the persons inside the conflict zone during the final stages have been accounted for. This cannot be ascertained through a census done throughout the whole country. The GoS claimed that there were around !",""" persons in the conflict zone. The reality is believed to be that there were upwards of #$",""" persons in the conflict zone. %round &'",""" persons came out. The truth needs to be ascertained by the issue being addressed directly instead of attempting to obfuscate the issue.'' 1.Accountability and Reconciliation are fundamental to the restoration of Permanent Peace with Dignity, Equality and Justice amongst the peoples of Sri an!a. ".# t is necessary in this conte$t to set the record correct in respect of some issues referred to in the abo%e statement. A final acceptable political situation is imperati%e and fundamental to reconciliation. &he minister in his statement refers to the Parliamentary Select 'ommittee (PS') and states that the persistent refusal of the &*A to participate in the process is a hindrance to any settlement. #t is necessary that the truth be stated in regard to this matter. ".+ ,ilateral tal!s between the -o%ernment of Sri an!a (-oS ) and the &*A in regard to the political solution commenced in January ".++, when the &*A outlined the

contours of a political solution within the framewor! of a united, undi%ided Sri an!a. A comprehensi%e written draft of these proposals was gi%en to the -oS delegation in /ebruary and 0arch ".++. "." &he -oS delegation undertoo! to respond in writing to these proposals, but o%er a period of se%en meetings and fi%e months did not do so. &he -oS has not responded up to date. #n the circumstances the &*A informed the -oS on 1thAugust ".++ that the date for the ne$t round of tal!s could be fi$ed after the -oS 2s written response was a%ailable. ".3 At the in%itation of President 0ahinda Ra4apa!sa, the &*A eader met with the President on "nd September ".++. #t was agreed at the said meeting that all the formulations and documents that had emerged during %arious processes, after the enactment of the +3th Amendment would be brought into the negotiation process5 that the bilateral tal!s would resume5 that the consensus arri%ed at between the -oS and the &*A at the bilateral tal!s would be ta!en before the PS', which the -o%ernment proposed to set up. ".1 &he bilateral tal!s resumed on +6th September ".++, the agreement arri%ed at between the President and the &*A eader as abo%e stated was recorded in the minutes of that meeting. ".7 &he tal!s continued without much progress, tal!s were fi$ed for +8th, +9th and +:th January ".+", the -oS delegation did not attend the tal!s on any of the said three dates. &hese were the circumstances in which the tal!s could not be continued. ".6 Efforts were made to resume the bilateral tal!s in January ".+" and in 0ay ".+". &hese are matters of record. &he -oS 2s failure to respond as agreed hindered the recommencement of tal!s. ".8 0eanwhile, eaders of Alliance Partners of the -oS of 'abinet Ran! and also appointed by the -o%ernment to the Parliamentary Select 'ommittee made public statements that the +3th Amendment to the 'onstitution must be repealed, that powers contained therein o%er and and Police should be remo%ed, that other important pro%isions should be remo%ed or altered, and were insisting that the &*A should attend the PS'. ".9 &he Select 'ommittee was to consist of 3+ members, +: from the -oS and +" from the opposition of whom the &*A would perhaps ha%e 3 or 1. #n this bac!ground there was no possibility of e%ol%ing a reasonable and acceptable political solution unless there was a reasonable consensus between the main party in -o%ernment ;

the Sri an!a /reedom Party (S /P) and the &*A. &his is the bac!ground in which the &*A could not participate in the PS'. &he PS' presently comprises only -oS representati%es. &he &*A merely insisted that the agreement arri%ed at between the President and the eader of the &*A be fulfilled. ".: #t must also be stated that though the essons earnt and Reconciliation 'ommission has called upon the -o%ernment to come up with its own proposals for a political solution, the -o%ernment has up to date failed to do so, raising strong misgi%ings about the -oS 2s sincere commitment to an acceptable political solution. 3.#n the light of the abo%e, the minister2s e$planation in regard to the non e%olution of an acceptable political solution is tendentious and not in accord with the true position. 4.Accountability and the &ruth being ascertained are fundamental to reconciliation. &he murder of fi%e students on the beachfront at &rincomalee in January "..6 and +8 Aid <or!ers of the A'/ at 0uttur in August "..6 are amongst the most egregious of the gra%e %iolations committed. &he minister in the course of his statement refers to %arious steps that are being ta!en in regard to those two crimes more than se%en years later. #t is necessary to refer to matters that happened earlier. A 'ommission appointed by the President was entrusted with the responsibility of in%estigating these two among se%eral other gra%e %iolations. An #nternational #ndependent -roup of Eminent Persons (##-EP) was appointed to o%ersee the wor!ing of the 'ommission and to ensure that the in%estigations were carried out in !eeping with international norms and standards. Amongst the early steps proposed by the ##-EP was that e%idence before the 'ommission on behalf of the %ictims in these two cases should not be led by the Attorney -eneral or his representati%e, as he was also engaged in defending the -o%ernment and its forces on human rights %iolations before the =uman Rights 'ouncil and other fora5 that consequently there was a clear conflict of interest5 and that there should be a <itness and >ictim Protection aw to ensure that witnesses were gi%en due protection. <ith the -o%ernment2s fullest support the proposal relating to conflict of interest was disregarded, and the Attorney -eneral or his representati%e continued to lead e%idence5 a >ictims and <itnesses Protection ,ill was brought to Parliament, the second reading debate was ta!en up, but the ,ill was thereafter abandoned. 'onsequently, witnesses who were being intimidated fled the country. &he ##-EP had helped to record the e%idence of witnesses who had fled abroad through tele?conferencing. =owe%er, persons defending the accused made representations to the -o%ernment against the recording of e%idence through tele?conferencing. &hereafter, as a result of the -o%ernment2s inter%ention, the recording of e%idence through tele?conferencing was terminated. 5.&he ##-EP withdrew its role in Sri an!a and publicly stated that the -oS did not ha%e the political will or commitment to in%estigate gra%e %iolations of human rights in !eeping with international norms and standards. 6.&he 'ommission ne%ertheless submitted a report to the President. &he report has

not been made public. #n this bac!ground, there is little chance for the truth to e%er be ascertained in regard to these two horrible crimes. &he A'/, after a long wait and after an in%estigation, recently released their own report concluding that the !illing of the se%enteen aid wor!ers was carried out by the Armed /orces. 7.#n regard to the !illing of a large number of &amil ci%ilians in the final stages of the war, the ascertainment of the truth would largely depend on how many of the persons inside the conflict @one during the final stages ha%e been accounted for. &his cannot be ascertained through a census done throughout the whole country. &he -oS claimed that there were around 6.,... persons in the conflict @one. &he reality is belie%ed to be that there were upwards of 37.,... persons in the conflict @one. Around ":.,... persons came out. &he truth needs to be ascertained by the issue being addressed directly instead of attempting to obfuscate the issue. 8.An Army ,oard of inquiry and its findings can hardly inculcate any credibility. &here surely cannot be any independence when the Army is the 4udge in its own cause. Abduracy on the part of the -oS can only 4ustify the accusation of impunity, and if in breach of its commitments and obligations must entail the ine%itable consequences. Past e$perience and the conduct of the -oS clearly indicate that there cannot be an independent, credible domestic process. 9. and issues are of critical importance and are again fundamental to reconciliation. &he &*A is firmly of the %iew that the -oS with the support of the Armed /orces is aggressi%ely engaged in a programme to alter the demographic composition of the *orthern and Eastern pro%inces, predominantly &amil?spea!ing and to changing the linguistic and cultural identity of these areas. &hese matters ha%e been raised in Parliament and with the -o%ernment on numerous occasions but the programme continues. Substantial e$tents of land held by the Army during the war continue to be held by the Army5 it is correct that some lands ha%e been released. =owe%er, nearly +..,... people are still languishing in camps, welfare centres and with host families due to their lands not being released. #n >ali!amam in the *orth and in Sampur in the East, contrary to commitments made by the -o%ernment to the Supreme 'ourt, and in Parliament, substantial e$tents of land are still held by the Army. *ew lands ha%e been occupied by the Army after the end of the war5 and displaced &amil ci%ilians are unable to return to lands for residence or li%elihood, as the lands are occupied by the members of the Armed /orces or the ma4ority community. ands are sought to be ta!en o%er for the propagation of the religion of the ma4ority, e%en in areas where persons of the ma4ority community do not reside. #t is absolutely essential that these land issues are resol%ed in a 4ust and equitable manner. &he failure to resol%e these issues is bound to lead to further ill will and acrimony. 10.Attac!s on places of religious worship and cultural importance of minority peoples ha%e been a continuing phenomenon and the offenders act with impunity and in the belief that the arm of the law will ne%er reach them. #naction on the part of the -o%ernment and law enforcement authorities has gi%en them this confidence.

11.&he in%ol%ement of Armed /orces in ci%ilian acti%ities is best illustrated by the reports of both the international and domestic monitors in regard to the conduct of the Armed /orces during the holding of the *orthern Pro%incial 'ouncil Elections. &he o%erweening presence of the Armed /orces is a source of immense discomfort and harassment to the ci%ilian population. A proclamation under Section +" of the Public Security Ardinance continues to be made each month by the President calling out the Armed /orces to maintain law and order in e%ery single district of the country. 12.&he abolition of the 'onstitutional 'ouncil by the repeal of the +8th Amendment and the enactment of the +9th Amendment has deeply eroded the independence of the Judiciary, the Public ser%ices and the Police Ser%ices and all other ci%ilian institutions, entrenching all power in the hands of an increasingly authoritarian E$ecuti%e. 13.&hese de%elopments do not portend well for the promotion and protection of human rights and the preser%ation of democracy in Sri an!a. R. Sampanthan, eader ; &amil *ational Alliance ()S*+,S) +- T.) T%/I ,%TI+,% % I%,0) 1T,%2 T+ T.) ST%T)/),T /%3) 45 T.) )6T)(,% %--%I(S /I,IST)( +- S(I %,7%, *(+-)SS+( G. . *)I(IS %T T.) .IG. )8) S)G/),T +- T.) &$T. S)SSI+, +- T.) .9/%, (IG.TS 0+9,0I +, /%(0. $T. &":; %T G),)8% +"th 0arch ".+1 Posted by Thavam