Thursday, June 4, 2009

Avoid witch hunt, HRW tells Colombo

Avoid witch hunt, HRW tells Colombo
[TamilNet, Thursday, 04 June 2009, 03:34 GMT]
Noting that "Disappearances" of ethnic Tamils in the north and east and in the capital, Colombo, allegedly by members of the security forces or Tamil armed groups remain a serious problem, New York based Human Rights Watch (HRW), in a press release issued today said, "[t]he Sri Lankan government needs to ensure that the abuses that occurred when LTTE strongholds fell in the past don't recur," and that Sri Lankan Government "should ensure that military defeat of the Liberation Tigers of Tamil Eelam does not result in new "disappearances," unlawful killings or the jailing of government critics."

Full text of the release follows:

The Sri Lankan government should ensure that military defeat of the Liberation Tigers of Tamil Eelam does not result in new "disappearances," unlawful killings or the jailing of government critics, Human Rights Watch said today.

The Sri Lankan government appears from its statements to be preparing to take action against individuals and organizations that criticized it during the war, Human Rights Watch said. On June 3, 2009, the media minister, Lakshman Yapa Abeywardana, said the Defense Ministry was preparing to bring charges against journalists, politicians, armed forces personnel and businessmen who have assisted the LTTE.

"The last thing Sri Lankans need right now is a witch hunt," said Brad Adams, Asia director at Human Rights Watch. "The country desperately needs healing. The government should make clear to everyone, especially Tamils, that it will respect their rights."

In addition to the media minister's statement, in late May, the Army commander, Gen. Sarath Fonseka, said in a televised interview that the government would take action against journalists whose reporting benefited the LTTE, saying that they would be prevented from leaving the country and prosecuted for treason. Inspector General of Police Jayantha Wickremeratne accused unnamed Sinhalese media-freedom activists of being paid by the LTTE to generate false reporting intended to implicate the army in war crimes.

Sri Lankan security forces have long been implicated in enforced disappearances and unlawful killings following the capture of LTTE strongholds. In the 12 months after government forces captured the northern town of Jaffna from the LTTE in December 1995, more than 600 people, mostly young men suspected of having LTTE links, "disappeared." Although several mass graves have since been uncovered, the fate of most of them has never been determined, and successful prosecutions of security forces personnel have been few.

Enforced disappearances and killings of people suspected of being LTTE supporters also occurred in association with the government's taking of LTTE-controlled territory in eastern Sri Lanka in late 2006 and early 2007. Government security forces were implicated in the mafia-style killing of 17 humanitarian aid workers shortly after government forces retook the northeastern town of Mutur from the LTTE in August 2006. Human Rights Watch reported on numerous serious human rights violations in the east in late 2008.

"Disappearances" of ethnic Tamils in the north and east and in the capital, Colombo, allegedly by members of the security forces or Tamil armed groups remain a serious problem.

"The Sri Lankan government needs to ensure that the abuses that occurred when LTTE strongholds fell in the past don't recur," said Adams. "This is crucial for building trust between communities."

The government announced victory over the LTTE on May 18 after a devastating 25-year conflict. The last months of fighting came at a terrible cost in civilian lives, estimated at more than 7,000 civilian dead and 14,000 wounded. Human Rights Watch reported on serious violations of international humanitarian law by both sides. However, a full accounting of abuses is not yet possible because of government restrictions on access to the conflict zone by the media and human rights organizations.

Since 2008, virtually all civilians who managed to flee the fighting to government-controlled areas have been sent to government detention camps in northern Sri Lanka. Almost 300,000 persons, including entire families, are currently in these camps, where they are denied their liberty and freedom of movement, either for work or to move in with other families.

In recent months, the government has also detained more than 9,000 alleged LTTE fighters and persons with suspected LTTE connections. The United Nations and other international agencies have had little or no access to the screening process, and the government has in many cases failed to provide families of the detained with any information. Many families still do not know the fate and whereabouts of their relatives.

Human Rights Watch urged the Sri Lankan government to take steps to ensure the safety of both civilians and LTTE fighters taken into custody. This includes registering and providing public information about all persons who have been in LTTE-controlled areas, and allowing international humanitarian agencies to participate in processing them. Those detained should have prompt access to family members and legal counsel.

The Sri Lankan government has rejected calls from opposition politicians to end Sri Lanka's state of emergency and to repeal the draconian Prevention of Terrorism Act, which has been used to arrest and indefinitely detain suspected LTTE supporters and government critics.

Human Rights Watch called upon the Sri Lankan government to treat internally displaced persons in accordance with the United Nations Guiding Principles on Internal Displacement and respect their basic human rights.

"The government should recognize that respecting the rights of all its citizens, including political opponents and critics, displaced civilians and captured combatants, will have important long-term implications for Sri Lanka's future," Adams said.

Sri Lanka rejects probes into slaughter of Tamil civilians

Sri Lanka rejects probes into slaughter of Tamil civilians
[TamilNet, Thursday, 04 June 2009, 03:24 GMT]
Sri Lanka has no plans to investigate allegations that its security forces massacred 20,000 Tamil civilians in the final stages of an offensive against the Tamil Tigers, and neither is Colombo willing to eventually accept an international probe, trade minister G. L. Peiris said Wednesday in Tokyo. "No, we don't regard that attitude as acceptable. That is some kind of inquisition," Peiris, a former peace negotiator said, according to an AFP report. Last week, leading British and French newspapers published their investigations, including interviews with UN officials, into the massacre.

Minister Peiris had earlier held talks with his Japanese counterpart Toshihiro Nikai and Foreign Minister Hirofumi Nakasone.

At a news conference, Minister Peiris reiterated that Colombo has no plan to probe allegations of war crimes and rejected international demands for a probe.

The minister said: "The world should not try to... emphasise everything that is negative, make things as difficult as possible for Sri Lanka, threaten economic sanctions."

Unnecessary pressure on the Sri Lankan government may even lead to a revival of terrorism in the country, he warned, without elaborating.

"What the country needs this time is support, understanding, empathy, not condemnation, not judgement... not posturing," he said.

Peiris said his government refrained from using heavy artillery and aerial bombardment attacks out of concern for civilians "at the expense of postponing the end of hostilities."

The United States and other governments had repeatedly called on the Sri Lankan government (GoSL) to cease pounding a narrow strip of land in which 300,000 people had concentrated on the government’s advice.

In mid-March, US Secretary of State Hillary Clinton telephone President Mahinda Rajapakse “to express the United States' deep concern over the deteriorating conditions and increasing loss of life occurring in the GoSL -designated 'safe zone'.”

“The Secretary stated that the Sri Lankan Army should not fire into the civilian areas of the conflict zone,” a State Department press release said.

More pointedly, as casualties mounted amid relentless shelling – even as US satellites observed – President Barack Obama demanded on May 13, “the [Sri Lanka] government should stop the indiscriminate shelling that has taken hundreds of innocent lives, including several hospitals, and the government should live up to its commitment to not use heavy weapons in the conflict zone.”

Last week, independent investigations by The Times and Le Monde newspapers found that up to 20,000 Tamil civilians had been slaughtered by government shells. The papers quoted UN officials as saying the UN knew, but sought to suppress reports to retain Colombo’s goodwill.

Regarding the controversy over an IMF loan Sri Lanka is seeking, Minister Peiris said that a decision on the disbursement of the funds "should not involve political considerations," but should be "dependent upon technical criteria."

Prof. Peiris was the chief negotiator for the then UNP government when it was in negotiations with the LTTE in 2002-3.

The UNP was defeated by the SLFP in 2004 and he switched sides two years later, along with fellow negotiator Milinda Moragoda.

Both men had been popular with Western backers of the peace process as was the UNP, given its enthusiasm for the neoliberal agenda for Sri Lanka.

During the Norwegian-brokered negotiations, Prof. Peiris was famously associated, along with LTTE chief negotiator, Anton Balasingham, with the ‘Oslo Declaration’, an agreement between both sides to explore federalism as a solution to the conflict.

At the time Peiris lauded the Oslo Declarations as a ‘paradigm shift by the LTTE’ and as a climb down by the Tigers from the demand of an independent Tamil Eelam state.

However, after crossing over to the Sinhala-nationalist government of President Rajapakse in 2006, Prof. Peiris rejected federalism as a solution.

"Today the intellectuals and experts worldwide agree that terms such as federalism, unitary and united have no clear definition and are indistinct at best," he was quoted as saying.

He added, without elaborating, that what was required was a "practical solution" to the ethnic conflict.