For several months during and after the end-game of the decades-long civil war between the government and the Liberation Tigers of Tamil Eelam (
LTTE),
Sri Lanka`s government brushed off Western criticism of its abusive practices. It has relied instead on moral and financial support from states less concerned with such matters, such as China and
Pakistan
Sri Lanka`s policy of complete dismissal was initially successful. But now the government seems to have discovered that ignoring the strongly held opinions of powerful Western partners has consequences that might not be in the long-term interest of the country or its ruling elite after all.
Sri Lankan forces repeatedly and indiscriminately shelled areas densely populated with civilians, sometimes using area weapons incapable of distinguishing between civilians and combatants. As the LTTE-controlled area shrank, the government unilaterally declared `no-fire zones` or `safe zones` on three different occasions, telling civilians to seek shelter there. Nevertheless, government forces continued attacking these areas. In blatant disregard of the laws of war, government forces also fired artillery that directly struck or landed near hospitals on at least 30 occasions.
From March 2008 until the present, the government has confined virtually all civilians displaced by the war in military-controlled detention camps, euphemistically called `welfare centers.` In violation of international law, the government denied the displaced their rights to liberty and freedom of movement. The camp residents are kept in the dark regarding their own future and the fate of their missing relatives. More than four months after the end of hostilities, the government continues to hold more than 250,000 civilians in illegal detention
Sri Lanka`s hardnosed response to its Western critics may have worked in the short term but it may not be, after all, sustainable.
The first reality check came with the European Union`s threat to withdraw significant trading privileges granted to Sri Lanka under a trading scheme called the Generalized System of Preferences plus (GSP+). Since 2005, the privileges allowed Sri Lanka to export goods and products duty-free to EU countries. According to an EU estimate, the agreement was worth 900 million and employment of over 100,000 people in the apparel sector in Sri Lanka.
In September this year, the EU presented the Sri Lankan government with the results of a year-long investigation of Sri Lanka`s compliance with human rights requirements for continued GSP+ status. The Sri Lankan government refused to cooperate with the investigation. However, upon realizing that the threat of withdrawal was real and could become politically costly if the government calls early
presidential elections, authorities launched an aggressive campaign, spearheaded by a president-appointed ministerial task force, to ensure the continuation of the trade concessions. Through it all, the government insisted at home that it wouldn`t bend under Western pressure.
In the meantime, the U.S. State Department has been preparing a congressionally mandated investigative report into allegations of war crimes committed by both sides during the final phase of the conflict. Around September 21, when the investigation was due to be presented in Congress, pro-government Sri Lankan media published dismissals of the report, saying that it was based on hearsay and `violates Sri Lanka`s rights and sovereignty.` The critics admitted they hadn`t seen the text which wasn`t surprising, given that the presentation of the report had been postponed and the whole campaign proved to be a false start. It did indicate, however, how anxious Sri Lanka is about the report`s possible conclusions. Some of the top officials must be particularly concerned about being accused of war crimes by a country where they hold citizenship or permanent residency status.
Sri Lanka`s nervousness about its international standing has not yet triggered any significant improvement on human rights matters, and there is no indication that the government is genuinely rethinking its policies. The changing discourse, however, implies that the government may be more susceptible to pressure than the international community previously believed. And the international community should use this moment to ensure progress on some of the burning human rights issues freedom for thousands of displaced Tamil civilians, the end of persecution of journalists and civil society activists, and accountability for violations committed during the conflict.
In addition to pushing publicly and privately for the release of the displaced, the
United States has a particularly important role to play on the issue of accountability. It should use its influence at the UN to help launch an international independent investigation into violations of humanitarian law. Washington should also make clear that future development aid to Colombo will depend on concrete progress on these key issues.