University Academics Appeal to the

Authorities Regarding the UN Human

Rights Council Resolution on Sri Lanka

by Groundviews

TO:

on 10/03/2015
H.E PRESIDENT MAITHRIPALA SIRISENA

HON. RANIL WICKRAMASINGHE, PRIME MINISTER

HON. MANGALA SAMARAWEERA, MINISTER OF FOREIGN AFFAIRS
HON R. SAMPANTHAN, LEADER OF THE OPPOSITION
PRINCE ZEID BIN RAAD, UN HIGH COMMISSIONER FOR HUMAN RIGHTS
Your Excellency and Honourable Sirs,
SRI LANKAN UNIVERSITY ACADEMICS APPEAL TO THE AUTHORITIES
REGARDING THE UN HUMAN RIGHTS COUNCIL RESOLUTION ON SRI LANKA

One of the greatest challenges facing the new government today is that of
reconciliation between ethnic and religious communities. This challenge is
all the more formidable because ever since the end of the war in 2009 in Sri
Lanka, the ideology of the ruling regime reinforced ideas of Sinhala
majoritarian supremacy and the suppression of minorities. It is in this
context that we need to respond to the recent UN Human Rights Council
Report on Sri Lanka and the resolution to which the current government is a
co-sponsor.
We, the undersigned, took different positions during the war fought
between the Sri Lankan armed forces and the LTTE. Some of us were
opposed to the war, while some of us were of the view that the LTTE had to
be defeated militarily. However, whatever our differences on the war, we
are of the view that the conduct of the Sri Lankan state after the end of the
war and the military defeat of the LTTE in 2009 exacerbated existing ethnic
tensions in the country. No war can claim to have been fought cleanly.
All wars claim victims and leave losers. The latest UNHRC report documents
with strong evidence the human rights violations that occurred during the
last stages of the war. Even otherwise, our own observations and
experiences provide evidence of the tremendous losses, suffering and
trauma to which our fellow citizens, especially in the North and East were
subject. The efforts especially by the last regime, to gloss over these losses
have been the greatest barrier to national reconciliation. It created a
situation where any attempt to acknowledge the loss and trauma of war
and violence were depicted as anti-national, pro-terrorist and unpatriotic.
It is time that these notions are once and for all put to rest. The Sri Lankan
state which has claimed victory in this war, a war which we must remember
was fought against its own citizens and was the result of historical failures
in state-building, has an undeniable responsibility to respond to these

instances of human rights violations.

We are strongly of the view that it is therefore necessary to acknowledge
the loss, suffering and trauma of this war. People who were subjected to
human rights violations deserve to have their story heard and
acknowledged. It is also noteworthy that this report documents human
rights violations also in the South of the country. The grief and loss of those
whose rights have been violated cannot simply be ignored or swept aside
through the rhetoric of defeating terrorism and protecting the sovereignty
of the country. Attempts by certain groups, individuals and the media to
portray this report as anti Sri Lanka are particularly disturbing since it
suggests that some Sri Lankan citizens are less worthy or more expendable
than others. It is for this reason that we strongly oppose attempts to
undermine investigations into human rights violations during the war and to
hold accountable those who were responsible for such violations. We find
attempts to frame such interventions as western conspiracies, attacks on
sovereignty and insulting to war heroes as particularly damaging towards
reconciliation and healing. We would like to draw the attention of everyone,
especially those who are resisting current efforts to investigate human
rights violations, to Sri Lankas international obligations to uphold human
rights of all its citizens.
We therefore call upon the Sri Lankan government, all political parties, the
UN and other international bodies and sponsors of the UNHRC resolution to
place the needs and concerns of those who suffered during the war at the
forefront of any mechanisms that will be put in place in the future. This
relates not only to their protection, but also that their psychosocial needs
and wellbeing should drive the investigation and accountability process. We
must also ensure those who have suffered human rights violations do not
get re-traumatised through this endeavour and that psychosocial support

for those who need it is provided before, during and after the process. In
this regard we emphasize that what is required is not simply a judicial
process or a punitive process of investigation and punishment, but a
process that will consider and respond to all the different needs of those
who have been affected by the war such as their material, emotional and
social protection needs. This means approaching the issue of justice from
the broadest possible perspective. We strongly urge all parties involved to
desist from efforts to use the suffering and trauma of these people for
engaging in political grandstanding. We also urge the Sri Lankan state and
the UN to ensure that the process of accountability is made meaningful for
the victims of war and not simply as an exercise in image building for any
individual, group or organisation.
It is in this context, that we are especially concerned that the process for
investigation and accountability that is undertaken is independent and
legitimate. Given the serious erosion of judicial independence in Sri Lanka
in recent times, we are of the opinion that a purely domestic process cannot
ensure justice or inspire confidence especially among the affected people.
Neither do we think that the mere presence of international actors can
ensure this. We call upon all those responsible to learn from similar
processes in countries such as South Africa and Cambodia and to apply
those lessons to the processes and institutions that are to be established in
Sri Lanka.
We, the undersigned, reiterate that how we deal with the human rights
violations during the wars could be the single most meaningful intervention
towards the all important and badly needed task of reconciliation, healing
and rebuilding our country as one which is truly democratic, inclusive and
pluralistic. Without acknowledging our past wrongdoing we will be unable to
move forward as a country and society.

Signed
1. Prof Jayadeva Uyangoda University of Colombo
2. Dr Nirmal Ranjith Dewasiri University of Colombo
3. Dr Neavis Morais Open University
4. Dr Mahim Mendis
Open University
5. Dileepa Witharana Open University
6. Dr Harini Amarasuriya Open University
7. Dr Harshana Rambukwella Open University
8. Dr Farzana Haniffa University of Colombo
9. Dr Theodore Fernando Open University
10.Prof Gameela Samarasinghe
University of Colombo
11.G.A Karunathilaka University of Kelaniya
12.Sithumini Rathnmalala University of Moratuwa
13.Dr Aboobacker Rameez South Eastern University
14.Dr Prabhath Jayasinghe University of Colombo
15.Dr Pavithra Kailasapathy University of Colombo
16.Dr Jeyasankar Sivagnanam Eastern University of Sri Lanka
17.Dr Sengarapillai Arivalzahan University of Jaffna
18.Dr Sumathy Sivamohan University of Peradeniya
19.Athula Kumara Samarakoon Open University
20.Dr Ruwan Weerasinghe University of Colombo
21.Dinesha Samararathne University of Colombo
22.Upali Pannilage University of Ruhuna
23.Dr Janaki Jayawardene University of Colombo
24.Dr A.W. Wijeratne University of Sabaragamuwa
25.Dr Romola Rassool University of Kelaniya
26.Dr Chandrabose Suppiah Open University
27.Dr Dinuka Wijethunga University of Colombo
28.Dr D.H.S. Maithripala University of Peradeniya
29.Dr Kaushalya Perera University of Kelaniya
30.Prof Neloufer de Mel University of Colombo
31.Dr J. Kennedy Eastern University of Sri Lanka
32.Dr Shyamini Hettiarachchi University of Kelaniya
33.Chandraguptha Thenuwara University of Visual and Performing Arts

34.Dr Jeyaratname Jeyadevan University of Jaffna

35.Dr Krishna Kumar Open University
36.Prof Priyan Dias University of Moratuwa
37.Dr Ranil D Gunarathne University of Colombo
38.Krishantha Fredricks University of Colombo
39.Jeyaseelan Gnanaseelan Vavuniya Campus
40.Ravi de Mel Open University
41.Selvarajan University of Jaffna
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