Sri Lanka News Updates with Discussions

Whereas it is essential, if man is not to be
compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

The Rule of Law and even the Constitution, was
amended to discriminate against the Tamils. This included the tyrannical Prevention of Terrorism Act (borrowed from apartheid South Africa), Emergency Regulations which gave the police and armed forces to inflict tyranny and oppression and a gross violation of the human rights of the Tamils. The result was a resort to rebellion a liberation struggle.

War
A liberation struggle becomes war when the
criteria of war are met.

A war is an act carried out by military forces
using the materials and methods of war, to defeat, by military means the military forces of the opponents.

This is what has been going on in Sri Lanka for
the past two and a half decades. When multi-barrel rocket launchers, helicopter gun-ships and Kfir jet bombers are used, it is a war. If it looks like a war, and sounds like a war, it is a war. If war is what is going on, then Humanitarian Law (the Laws and Customs of war, Law of Armed Conflict), must apply. There are two sections:

1.The conduct of combatants ??? what they can
and cannot do (Hague Law based on the Hague Convention 1849 and 1907)
2.The treatment of persons affected by the war
(Geneva Law based on the Geneva Convention of 1964).
Thus the bombing and shelling of homes, markets,
hospitals, refugee camps, schools, orphanages and infrastructure which the GOSL has done in the Tamil areas, is illegal. So is the targeting of civilian targets in the Sinhalese south by the Tamil Tigers.

To compare the atrocities on each side is futile.
An atrocity is an atrocity. That said, it must be pointed out that the GOSL has signed International Conventions to protect all its citizens, and the Tamils are citizens of the country. For them to be bombed by their own government contravenes these international undertakings.

If war is what is going on, the parties are combatants. To ban one party and call them terrorists, is illegal.
It is also counter-productive since one cannot negotiate with terrorists, as was the British experience with the IRA. The IRA was banned, and then de-banned, for negotiations to take place.

A declaration of war is unnecessary for there to
be a war. In the US war with Vietnam, there never was a declaration of war. Many countries deny that a war is taking place to avoid the application of Humanitarian Law. Many donor countries restrict aid if there is a war. Insurance companies refuse cover in a war. So, the terms Terrorism and Counter-terrorism are used rather than what
it actually is ??? a war.

Any Governments condemnation of terror is
credible only if it is responsive to the reasonable, closely argued, persistent, non-violent dissent. No Sri Lankan government since Independence in 1948, has been responsive to the very reasonable demands of the Tamil people to live with equality, safety, and dignity in the country of their birth

Have you got any idea about the population in south India, when Vijaya came to SL, I mean about 2300 or 2400 years ago?

Recent events of concerns

1. In November 2006, Ambassador Alan Rock,
Special Advisor to the UN Special Representative for Children in Armed Conflict, after a 10-dy field trip reported that the GOSL was aiding and abetting the Tamil militant group working with the Government to conscript child soldiers. This is a serious indictment of the GOSL.

2. The 2007 Amnesty International Report on Sri
Lanka with The human rights situation in Sri Lanka deteriorated dramatically.

Commenting on the future of the UN Human Rights
Council, Irene Khan, Secretary General of Amnesty International addressing the Council in Geneva on 15 March 2007, said that - it dithered on Sri Lanka and took no action - with killings and abductions continuing with impunity.

3. In October 2007, Manfred Novak, the UN Human
Rights Council Special Rapporteur on Torture visited Sri Lanka and reported that torture was widespread. He commented on conditions in detention centers where 28,000 were being held in a system meant for 6,200.

4. A few days later (9-12 October 2007) the UN
High Commissioner for Human Rights, Louise Arbour, visited Sri Lanka, focusing mainly on abductions and disappearances which have been reported in alarming numbers in the past two years Addressing the UN Human Rights Council meeting in December 2007, she said, I
have suggested that the Government would benefit from the support of a presence of OHCHR in the country, with a full mandate incorporating technical assistance and public reporting More details of what she said is given below. The GOSL rejected her suggestion as gratuitous.

5. On 16 January 2008, the GOSL unilaterally
withdrew from the Ceasefire Agreement with the LTTE, paving the way for an escalation in the conflict, irrespective of the magnitude of the civilian casualties, almost all Tamil civilians in the North and East. The Nordic Sri Lanka Monitoring Mission was told that they
were no longer necessary, and were asked to leave the country.

6. In just the past few weeks, foreign passport-holders have had their visas terminated. These included Dr
Rama Mani, the Executive Director of the International Centre for Ethnic Studies. Her crime was that she supported the concept of Gareth Evans (see below), that the State has a Responsibility to Protect its people.

Others, including those working in UN agencies
and the Berghoff Foundation have also had their visas terminated. Clearly the international witnesses are being expelled from Sri Lanka before a massive assault on civilians.

The cost
1. 75,000 people, mainly Tamil civilians, have
died.
2. Half a million Tamils and Muslims are
refugees.
3. There has been extensive destruction of Tamil
civilian property and infrastructure in the North and East.
4. The economic cost has been serious. The
Defense budget, for Sri Lanka to protect itself from its own citizens, has been staggering. In 1977 the Defense budget was Rs 0.75 billion. This has increased in 2008 to Rs 166.5 billion (US $1.5 billion.) The budget deficit is Rs 293billion, 7% of GDP. Half of this is financed by foreign borrowings and grants. This war cannot go on without foreign funds. The cost of living is a
staggering 20%

http://www.dailytimes.com.pk/default.asp?page=2008%5C04%5C01%5Cstory_1-4-2008_pg12_13

US action the Millennium Challenge Account.

The US Government-funded Millennium Challenge
Corporation (MCC) has funds for development, the Millennium Challenge Account (MCA). Sri Lanka was one of 16 countries that was selected in May 2004 as eligible to request development assistance funds from the (MCA).

In November 2007, the MCC said that 'In light of the ongoing security concerns in Sri Lanka, MCC will consider a resumption of compact due diligence activities when there is a greater prospect for success of our mission,' indicating that the proposed funding of nearly $590 million is on hold pending improvement in security situation.

Louise Arbour - UN High Commissioner for Human Rights
As I have said, Arbour visited Sri Lanka 9-12
October 2007 and presented her findings to the UN Human Rights Council on 11 December 2007. Here is what she said, Regrettably, the various national institution and mechanisms that could be expected to safeguard human rights have failed to deliver adequate protection. In particular, the Human Rights Commission of Sri Lanka,
which had previously enjoyed a proud reputation internationally, has had its independence compromised by the irregular appointment of its Commissioners and the credibility of its work has suffered.

I have suggested that the Government would benefit from the support of a presence of OHCHR (Office of the High
Commissioner for Human Rights) in the country, with a full mandate incorporating technical assistance and public reporting . We have reached no agreement on a formula by which independent, public reporting by OHCHR could be ensured. OHCHR will continue to assist the authorities in strengthening the national human rights system, but this will fall short of meeting the critical protection gap???.

The message was very clear ??? the UN was more than a little concerned at the escalating violations of human
rights, and the failure of the GOSL to do anything about it.

The British Parliament

On 17 January 2008, a scheduled Adjournment
debate in the House of Commons, turned out to be a full debate which went on for an unprecedented hour and a half. It was not a debate but an expression of serious concern from both sides of the House, at the escalating violation of human rights in Sri Lanka.

Kim Howells, Minister for the Middle East,
expressed his serious concerns. Responding to a question as to whether he will hold discussions with the Ministry of Defense about cutting military assistance to the Sri Lankan Government to try to ensure that such an escalation cannot happen, here is what Minister Howells said, ??? I assure my hon. Friend that we would not supply anyone with arms or dual use material that we perceived to be valuable in any military conflict such as the one that we are
considering. There may be instances of humanitarian equipment, for example, de-mining equipment, being needed. Laying mines is an atrocity and an abuse of human rights and we do everything that we can to try to help clear them. The Sri Lankan Government, having ended the ceasefire, bears a heavy responsibility to deliver their
commitment to produce a just political solution that satisfies the legitimate aspirations of all Sri Lankans. That must happen soon. It is now up to us to see that what has been assured by the Minister, is translated to reality.

http://www.groundviews.org/2008/03/30/elections-in-the-east-the-dawning-of-democracy-or-fostering-of-violence/#more-776

http://lankaguardian.blogsp0t.com/2008/03/nobel-peace-prize-for-rajapakse-and.html

The International Independent Group of Eminent People
(IIGEP)

An International group experts and professionals
from Australia, Britain, Canada, Japan, France, Netherlands, US, European Union and the UN High Commissioner for Human Rights, headed by the former Chief Justice of India, P.N.Bhagwati, was appointed to monitor Sri Lankas Special Presidential Commission. The latter was
appointed to investigate 16 cases of serious rights violations, including the August 2006 massacre of 17 local employees of the French charity Action Against Hunger (ACF).
Arriving in Sri Lanka in May 2007, they saw no
progress being made. This was obvious from the Report tabled by the American member of the Group at the Human Rights Council meeting in June 2007, which I attended.

On 6 March 2008, the IIGEP decided to terminate
its operation in Sri Lanka saying that The Presidential Commissions Public Inquiry Process fell short of International norms and standards.

'There is a climate of threat, direct and indirect, to the lives of anyone who might identify persons responsible for human rights violations, including those who are likely to have been committed by the security forces.' 'Civilian eye
witnesses have not come forward to the Commission.

Security forces witnesses preferred to make themselves look incompetent rather than just telling what they know.
Accordingly, it is evident that the Commission is unlikely to be in a position to pursue its mandate effectively' the IIGEP statement said, describing them as inherent and fundamental impediments of the Commission.

'The IIGEP is therefore terminating its role in the process not only because of the shortcomings in the
Commissions work but primarily because the IIGEP identifies an institutional lack of support for the work of the Commission,'

They could .
This has been the most serious blow to the
credibility of the GOSL. It is now up to us to contact the
individual members of the former Commission and ask what further action they can take to stop the outrageous violation of human rights in Sri Lanka.