Wednesday 27 October 2010

Sri Lanka: War widows left in poverty

Nearly three decades of communal war waged by successive Colombo governments against the separatist Liberation Tigers of Tamil Eelam (LTTE) left tens of thousands of women as war widows. In the south of the island, many wives lost their husbands who were dragooned into the army as economic conscripts and used as cannon fodder in the fighting.

In the North and East, it was not only the wives of LTTE fighters who became war widows. Pro-government death squads “disappeared” or murdered hundreds of Tamil civilians, who were allegedly connected to the LTTE or critical of the war. Many thousands more civilians died in the murderous offensives waged by the military in the final months of the war that ended in the LTTE’s defeat in May 2009.
After the LTTE’s collapse, the army herded more than a quarter of a million Tamil civilians—men, women and children—into military-run detention camps. In addition, thousands of young people were interrogated and dragged off to unknown centres for “LTTE suspects”. Those who have been released have returned to war-ravaged towns and villages without basic services and little or no aid.
Deputy Minister for Womens Affairs and Child Development, M.L.A.M. Hizbullah announced late last month that he had a list of 89,000 war widows—49,000 in Eastern Province and 40,000 in Northern Province. Among them were 12,000 below the age of 40 and 8,000 who had at least three children. “We need help to look after the war widows and we are seeking help from abroad for this,” he said.
In reality, the Sri Lankan government has washed its hands of these victims of its war. Widows who can produce a death certificate for their husbands receive 50,000 rupees ($US442) in compensation. The remainder are given only 150 rupees a month. This sum is even not enough to cover food for one person for a day, let alone a family for a month.
Saroja Sivachandiran, director of the Centre of Womens Development, a voluntary organisation in northern Jaffna, provided the WSWS last week with its statistics for war widows in the North: 26,340 in Jaffna district; 5,403 in Kilinochchi, which was the LTTE’s administrative centre; 4,303 in Vavuniya and 3,994 in Mannar. The figures for the district of Mullaithivu, where the military’s final offensive took place, are not available.
The husbands of these widows were either killed in fighting or disappeared, Sivachandiran explained. In Jaffna district alone, 3,118 widows are under the age of 40, and 38 are under 20. The statistics also show that 1,042 women were widowed after their husbands committed suicide—victims of the economic and social crisis produced by decades of war.
Sivachandiran said: “Although their husbands were abducted before their eyes, the women had to keep silent as there was no guarantee for their lives. Even when a complaint was made to the police, the courts or the government-appointed Human Rights Commission, they did not receive proper decisions and are still waiting for their husbands.”
Most young widows live with their parents or relatives, while many of the middle-aged women live on their own. They survive with the aid of some voluntary groups or the meagre government assistance. Some widows earn a little income in casual jobs or by running small businesses. It is common to find women, including widows, working for businesses on low wages. Some have been traumatised and should receive medical help.
Sivachandiran added: “What is the situation of the abducted people? The government has the responsibility to make inquiries and find them. The wives saw their husbands taken away. Here everything is decided by the government. We don’t have any confidence that these women will get any justice.”
The WSWS spoke to several widows in the Jaffna area. All of them were very thin—a clear sign that they did not have proper meals. They were wearing old clothes and lived in makeshift accommodation.
Kamala, 30, explained: “My husband died at the age of 26. He produced Palmyra toddy [a type of alcohol]. He worked in the neighbouring village. As usual on May 15, 2006 my husband left for work at 7 a.m. He usually returned at 10 a.m., but he did not come back. We searched for him and finally found him dead that evening. His body was buried in the soil inside a deserted house. His legs had been tied, his head had been beaten and his neck had been cut. We have no doubt that it was done by the navy.
“I have been injured in a shell attack. I still have pieces of shell in my body. Now I am unable to walk properly. I have two children. My father cares for us. He is a fisherman and very poor. I would not be in such a situation if my husband were alive. The government gives me 150 rupees per month. My seven year old girl and six year old boy study at a local school. I don’t have a house and live in a shanty.”
Krishna, also 30, said her husband died in December 2000. He was asked to join the LTTE for training. He refused twice but the LTTE finally took him off by force. Her son and daughter are now 12 and 10. When WSWS reporters spoke to her in mid-October, she still had not received the government’s 150-rupee allowance for September.
Krishna was detained last year in the military’s detention camps and had only recently returned. She lives with her mother. When she was released she was given 25,000 rupees, 12 sheets of corrugated iron and six bags of cement to build a house. She has just finished building a small hut. “The war devastated our lives,” she said.
A widow, 50, from Akkarayan in the district of Kilinochchi said: “My husband was killed in a shell attack by the military in May last year at Mullivaikkal [in the Mullaithivu district]. I have two sons and two daughters. My elder daughter has finished the advanced level [university entrance] examination. The army arrested her when we entered the military-controlled area. I have still not found her. We were sent to the Ramanathan [detention] camp. We asked several military officers about my daughter, but they did not tell us anything.
“Three months have passed since we were resettled. Our house had been demolished. The military did not allow us to return to our land. Now we are living in a tent given to us by a non-government organisation. The tent will flood when the rain comes. I don’t have any income. I receive only the government’s relief. They said it would stop after six months. My three children are going to school. I am unable to afford their expenses.”
She expressed her anger at the government and all political parties, including the various Tamil parties. “None of the political parties has come to help us. They only arrive at election time,” she said. Referring to the government’s boasting about economic development, she added: “It is just for show when the government talks about ‘economic war’ and ‘nation building’ while it keeps us here in tents starving.” (wsws)

Thursday 21 October 2010

Sri Lankan police attack protesting students

The Sri Lankan courts denied bail on Monday to 18 university students arrested during a police attack on a protest last week demanding the release of six other students. The arrests are part of government efforts to suppress broad student opposition to the privatisation of universities and worsening conditions on campuses.

The students have been charged with “unruly behaviour” under the draconian Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, which was revived in April. Under the law, university authorities have sweeping powers to ban student political activities, including protests and occupations, and to call police onto campuses. Many offences cited under the Act are unbailable and liable to imprisonment for up to ten years.
More than 2,000 students took part in the protest last Thursday in central Colombo to demand the release of their fellow students. The protesters marched to the Ministry of Higher Education and occupied the building for about an hour before attempting to leave by bus. Hundreds of riot police blocked off all the roads and assaulted students with clubs, belts, tear gas and water cannon. Eight injured students were hospitalised.
One student told the WSWS: “The police caught me and attacked me. I fell down and my right elbow was injured. They hit me with belts on my head and all over the body. Then they took me to Cinnamon Garden police station. There were another 20 students. Four of us were taken to the police station at about 8 pm and kept there until about 3 am before being taken to hospital. But others had wounds to their bodies. They were even not taken to a doctor.”
Another student described being grabbed by police when he tried to free a colleague: “When they attacked, I fell down. Then several policemen kicked me brutally. My nose started to bleed. Then they dragged me into the ministry and told me to wash my face. After that they took us to the police station. There is a contusion on the back of my head.”
Police also attacked journalists and photographers. Journalist Bigun Gamage from Lankadeepa told the Sunday Times: “The students said they would leave the [nearby] park peacefully. The police allowed them to leave. But as soon as the students came out, the police started to assault them again. The students scattered, but the police continued to hit anyone they could catch. We saw a group of 10 policemen beating up one student. The officers chased away the others who were standing and watching.”
The police surrounded the reporters and lashed Gamage with belts. When one of Gamage’s colleagues tried to help, he was dragged away and beaten up. When reporters showed their government-issued journalist identity cards, the police abused them. Journalist associations held a protest on Tuesday condemning the attack.
The police objected to bail when the arrested students were produced in court, claiming that they had damaged ministry property, an offence under the Public Property Act. Colombo Chief Magistrate Rashmi Singappuli ordered students be remanded until October 29.
Backing the police, Higher Education Minister S.B. Dissanayake insisted that the Anti Ragging Act would continue to be enforced. “We are going ahead with the objective of making this country a centre for education in the region. In the process, one, two or three students could be expelled or imprisoned and that would not be an issue. Not only one or two, in the process of restructuring our universities, we will punish even 500 or for that matter even 1,000 students,” he warned.
Dissanayake’s comments about transforming the island into “a centre of education in the region” point to far-reaching plans to turn higher education into a money-making venture by privatising the most lucrative aspects of universities and potentially bidding for foreign students. Already the government has approved the establishment of foreign-affiliated universities that will charge exorbitant fees.
On October 16, Rohan Rajapakse, acting vice chairman of the University Grants Commission (UGC) told the state-owned Daily News: “Sri Lanka intends to bring in a new University Act shortly which will pave the way to open private universities in the country legally as the current University Act does not permit private universities in Sri Lanka.”
Government is slashing public expenditure on education as part of the austerity measures being demanded by the International Monetary Fund (IMF). The budget for 2010 has already cut the deficit to 8 percent of Gross Domestic Product (GDP) this year—down from nearly 10 percent last year. Government expenditure on education has fallen from 2.67 percent of GDP in 2006 to 2.08 percent in 2009.
Last week’s demonstration was called by the Inter University Student Federation (IUSF), which is aligned with the Janatha Vimukthi Peramuna (JVP). Like the JVP, the IUSF is based on a mixture of Sinhala communalism and populist demagogy. It is notorious on university campuses for the use of thuggery against its political opponents, including the International Students for Social Equality (ISSE).
Higher education minister Dissanayake has exploited the JVP’s methods to justify violent police repression. In an interview with Lakbima on Monday, he declared that in order to “free the universities,” the government would “sack these [JVP] thugs”. Dissanayake’s comments are a warning to all students that the government will not hesitate to use the police to suppress any opposition to its policies.
Despite its militant rhetoric, the IUSF is steering students into a political dead-end by promoting the futile conception that the government can be pressured to drop its plans. In response to the latest police assault, IUSF convenor Udul Premaratna announced that his organisation will carry out more protests shortly to demand the release of all students held in remand.
The IUSF and JVP now criticise the government but they were in the forefront of bringing President Mahinda Rajapakse to power. The JVP helped draw up Rajapakse’s 2005 election program, which included restarting the civil war against the separatist Liberation Tigers of Tamil Eelam (LTTE), and actively campaigned for his election victory. At the time, the IUSF’s slogan was “Motherland first”—that is, before university education. It gave its blessing for the military to operate on the campuses.
The JVP is currently in alliance with Sarath Fonseka, the former army commander responsible for the ruthless operations against the LTTE, who ran as the joint opposition candidate in the presidential election in January. In the course of the election campaign, Fonseka made clear his support for pro-market restructuring and thus by implication the IMF’s demands for large budget cuts, including to education.
The International Students for Social Equality condemns the brutal police attack on university students. We demand the unconditional dropping of all charges against the jailed students and their immediate release.
At the same time, the ISSE calls on students to reject the politics of the IUSF and JVP. The struggle to defend free university education and to halt the privatisation plans necessarily involves a political struggle against the government. Students cannot carry out this fight alone. They have to turn to the working class to build an independent movement to fight for a workers’ and farmers’ government based on socialist policies. The ISSE calls on students to form ISSE branches in every university and to fight for this program. (WSWS)


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Friday 15 October 2010

Sri Lanka: Opposition front formed to protest Fonseka’s jailing

Opposition parties in Sri Lanka have staged a series of protests in Colombo against the conviction and jailing of Sarath Fonseka, former army commander and opposition presidential candidate.

The most recent protest, organised by the Janatha Vimukthi Peramuna (JVP), took place on Monday. About 5,000 people, mostly JVP supporters, marched three kilometres from Hyde Park in central Colombo to Welikada Prison where Fonseka has been jailed. The United National Party (UNP) and the ex-radicals of the Nava Sama Samaja Party (NSSP) and the United Socialist Party (USP) also participated.
Last week the NSSP and USP joined with the JVP and UNP to launch a petition to President Mahinda Rajapakse requesting Fonseka’s release. NSSP leader Wickramabahu Karunaratne and USP leader Siritunga Jayasuriya participated last Friday in a protest with the UNP in front of the Fort Railway Station in central Colombo.
The protests have emerged in response to growing concerns among working people about the Rajapakse government’s autocratic methods of rule. However, these campaigns—the JVP’s “People’s Movement for Democracy” and the UNP’s “People’s Movement against Dictatorial Insanity”—are designed to limit and block any genuine struggle for democratic rights.
The focus on Fonseka’s arrest ensures that the “movement” has a right-wing, communal character from the outset. As army commander, Fonseka directed the brutal military offensives against the separatist Liberation Tigers of Tamil Eelam (LTTE) after President Rajapakse restarted the country’s protracted civil war in mid-2006.
Fonseka fell out with Rajapakse after the LTTE’s defeat in May 2009, resigned and stood as the common candidate for the UNP and JVP in the presidential election in January. Despite winning the election, Rajapakse still regarded Fonseka as a political threat. Amid lurid accusations that Fonseka was plotting a coup, he was arrested by the military, tried in closed courts-martial and found guilty on trumped-up charges. He has been dishonourably discharged from the military, jailed for three years and stripped of his parliamentary seat.
The jailing of Fonseka is certainly a travesty and he should be immediately released. But the treatment meted out to Fonseka is only part of a far broader, systematic abuse of democratic rights, particularly of the country’s Tamil minority, during and since the civil war. As army chief, Fonseka was responsible, along with Rajapakse, for the killing of thousands of civilians, as well as hundreds of “disappearances” and murders carried out by pro-government death squads. It is for these war crimes that Fonseka, along with Rajapakse and other senior government and military figures, should be charged and tried.
The JVP and UNP, however, hail Fonseka as a “war hero”. Both parties, steeped in Sinhala communal politics, fully backed Rajapakse’s criminal war and defended the military’s gross abuses of democratic rights. Their so-called defence of democracy does not extend to demanding the immediate release of thousands of Tamil youth detained without trial as “LTTE suspects” or the repeal of the draconian legislation under which they are held.
The right-wing politics of the “democracy” movements was on display on Monday after the march ended. JVP leader Somawansa Amarasinghe told the crowd: “The services General Sarath Fonseka rendered and the sacrifices he made for the country are immeasurable. The walls of the prison are not enough to contain his stature... If the government does not release General Fonseka, the prison wall will be torn down, and the authorities will be made to release him.”
The JVP is routinely characterised as a “Marxist party” in the media, but it has nothing to do with Marxism or socialism. Formed in the 1960s on the basis of Maoism and Sinhala communalism, the JVP has ditched its former socialist phrase-mongering. In the late 1980s, the party launched a reactionary patriotic campaign against the Indo-Lanka accord and killed hundreds of political opponents and trade unionists who opposed their actions.
None of the top UNP leaders spoke at Monday’s protest. However, UNP parliamentarian Dayasiri Jayasekera lent his support to the JVP leadership, denouncing Rajapakse and calling on the president to ask for a pardon from the people. (Fonseka has rejected any suggestion that he should admit his guilt and ask for a pardon.) “We will fight to release Fonseka by taking this struggle ahead,” Jayasekera declared.
Like the JVP, the UNP, a right-wing bourgeois party, is notorious for its own abuses of democratic rights. The UNP launched the civil war in 1983 by instigating widespread pogroms against Tamils in Colombo and other towns. After contemplating an alliance with the JVP in the late 1980s, the UNP government turned on JVP supporters and its support base among Sinhala rural youth—an estimated 60,000 young people died at the hands of the security forces and their death squads.
NSSP leader Wickremabahu Karunaratne (red vest) with UNP leader Ranil Wickremesinghe (second right)
The key role in dressing up the JVP and UNP as “defenders of democracy” is being played by the ex-lefts of the NSSP and USP. After the march on Monday, NSSP leader Karunaratne joined in the political demagogy, warning Rajapakse that many more thousands of people would come onto the streets unless Fonseka were released. Fonseka should not seek a pardon, he declared. “Why should someone who has not committed an offence ask for a pardon?”
Paying lip service to the Rajapakse government’s broader abuses, Karunaratne added: “Today people ask for democracy, people are against the dictatorship. Thousands of youth are in prisons in the North and East. We are also working on their behalf. We all say release Fonseka. The journey we made today will go on until Fonseka is released.”
Significantly, however, Karunaratne made no mention of the fact that Fonseka, along with the Rajapakse government, was responsible for the detention of these Tamil youth without trial. Nor did he point out that the UNP and JVP have no intention of “working on behalf” of the Tamil prisoners. With a long history of involvement in opportunist front organisations, Karunaratne will not do or say anything to expose the reactionary politics of his allies.
USP leader Siritunga Jayasuriya speaking
USP leader Siritunga Jayasuriya was even more explicit. After declaiming that people would break down the prison walls, like people in Germany destroyed the Berlin Wall, he added: “To defend democracy in this country, we will unite by setting aside party, colour and ethnic differences.” In the lexicon of opportunism, “setting aside party differences” means only one thing: no criticism of the JVP and UNP.
The jailing of Fonseka is a sharp warning to the working class. If a former army chief and bourgeois presidential candidate can be convicted on bogus charges, the government will have no hesitation in using far more draconian measures against workers who resist its attacks on jobs, conditions and living standards. Under pressure from the International Monetary Fund, Rajapakse is about to announce a new round of austerity measures in next month’s budget.
The NSSP/USP campaign seeks to block any independent political movement of the working class and to keep it tied to capitalist parties such as the UNP and JVP. Workers can only defend their democratic rights and living standards through a complete break from every faction of the capitalist class and a fight for socialist policies and a workers’ and farmers’ government as part of struggle for socialism in South Asia and internationally. That is the program fought for by the Socialist Equality Party. (WSWS)


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Tuesday 12 October 2010

Sri Lankans In London Protest On Behalf Of Democracy In Sri Lanka

Sri Lankans who reside in Britain held (10-10-10) a protest demonstration demanding the release of former Army Commander General Sarath Fonseka, to endorse media freedom and democracy. This demonstration was held in London opposite the Prime Minister’s Official Residence yesterday. It was noticeablethat the demonstration was well attended representing all the political parties. The protest was organized by the Movement for Democracy. (Lankatruth)







Thursday 7 October 2010

Sri Lankan President Jails Political Rival




Sri Lankan President Mahinda Rajapakse, as commander-in-chief of the armed forces, last week confirmed a second court martial conviction against former army commander Sarath Fonseka for failing to follow military procurement procedures.

Fonseka, who had been held at the navy headquarters’ complex since his arrest on February 8, was shifted to Welikada prison in Colombo city on September 30. The military court sentenced him to 30 months hard labour.
Fonseka’s imprisonment is part of the government’s broader attack on democratic rights. By convicting his main rival in the January presidential election, Rajapakse has sent a signal that he will crack down on any political opposition to his government.
Fonseka was arrested shortly after the election amid a frenzied campaign by the government alleging that the retired general was plotting to oust Rajapakse and murder his brothers. None of these allegations has been substantiated.
Instead Rajapakse appointed two courts martial to try the former army head on unrelated charges. The first convicted Fonseka of engaging in politics while in service and stripped him of his medals, pension and rank and barred him from entry to military establishments.
The second court martial found Fonseka guilty of authorising military procurements from Hicorp Company, when his son-in-law, Dananu Thilakaratne, was a company director. According to the judges, Fonseka sat on the board reviewing the tender, concealed his relationship with Thilakaratne and thus committed a “fraudulent act”.
Media minister Keheliya Rambukwella told the press last Friday that Fonseka would lose his parliamentary seat once President Rajapakse informed the parliamentary speaker—his brother Chamal Rajapakse—of the second conviction. Fonseka won a seat in general elections in April and was permitted to attend parliamentary sessions where he criticised the government.
Fonseka’s conviction on trumped-up charges has provoked concerns in sections of the ruling elite. The prelates of the country’s four influential Buddhist sects recently sent a letter to the president calling for him to pardon Fonseka. The letter declared that the retired general had done “yeoman service” for the country by destroying the “terrorism” of Liberation Tigers of Tamil Eelam (LTTE).
As army commander, Fonseka ruthlessly waged the civil war against the LTTE that Rajapakse restarted in mid-2006. Together with Rajapakse, he bears responsibility for war crimes, including the killing of thousands of civilians. Having collaborated closely with Rajapakse, Fonseka fell out with the president following the LTTE’s defeat in May 2009 and was sidelined to the largely ceremonial post of Chief of Defence Staff.
Fonseka resigned from the army in November 2009 to run as the common presidential candidate of the opposition United National Party (UNP) and Janatha Vimukthi Peramuna (JVP). Neither Fonseka nor the opposition parties has any fundamental disagreement with Rajapakse. The UNP and JVP both backed the civil war to the hilt and support the government’s pro-market economic agenda.
Rajapakse has made clear that any request for a pardon would have to come from Fonseka. Speaking to leading Buddhist monks in the North-Central Province on Friday, he said: “Constitutionally, there is a manner how [the] pardon could be given. If there is [a] plea for pardon I am ready to consider it.”
What Rajapakse is seeking an admission of guilt from Fonseka. To date, Fonseka has denied all charges, branding them as politically motivated. His wife, Anoma Fonseka, told the media after meeting her husband in prison that he would not appeal for a pardon.
The government is continuing its persecution of Fonseka with two more cases in the civil courts. The first involves further charges over the Hicorp deal. The second case filed in the High Court relates to two aspects of the presidential campaign. Fonseka is accused of harbouring army deserters and making false accusations against Defence Secretary Gotabhaya Rajapakse—another of the president’s brothers.
The accusation of “harbouring deserters” was one element of the government’s claims that Fonseka was plotting a coup. In the immediate aftermath of the presidential election, the government rounded up ex-military officers and civilians who had supported Fonseka, claiming they were conspiring against the president.
All but two have now been released without charge—Fonseka and his secretary, former Captain Senaka Haripriya De Silva, who is also accused of “harbouring deserters.” Four more “conspirators”—Brigadier Duminda Keppetiwalana, retired Major Generals Sunil Amarasena De Silva and Upali Edirisinghe, and media correspondent Ruwan Weerakoon—were set free on September 24 on the instruction of Attorney General Mohan Peiris.
The second allegation of making a false accusation is highly political. In the course of the election campaign, Fonseka gave an interview to the Sunday Leader in which he accused Defence Secretary Gotabhaya Rajapakse of ordering the army to kill three top LTTE leaders with white flags who had been seeking to surrender during the final battle of the war.
The government launched a furious attack on Fonseka accusing him of compromising national security and denigrating the army. Fonseka quickly backtracked, declaring that his remarks had been misinterpreted in the article. What concerned the Rajapakse regime, however, was that Fonseka had intimate knowledge of all of the military’s crimes and could make them public.
President Rajapakse has flatly denied that the army was involved in any crimes and has rejected calls by the US and European powers for an international investigation. The US and its European allies backed Rajapakse’s war, but are exploiting the human rights issue to put pressure on the president in order to undercut growing Chinese influence in Colombo.
The so-called white flag incident is particularly sensitive for Defence Secretary Rajapakse. If proven, the accusation would make him personally responsible for an obvious breach of international law. The allegations first surfaced shortly after the LTTE’s defeat in two British newspapers—theSunday Times and the Guardian. Sunday Times journalist Marie Colvin was personally involved in last-minute efforts involving UN, US and British officials to broker the surrender. (See: “British newspapers expose cold-blooded killing of LTTE leaders in Sri Lanka”)
In the High Court hearing that began yesterday, Fonseka pleaded not guilty.
The opposition UNP and JVP have called protests against the imprisonment of “war hero Fonseka”. The UNP leader Ranil Wickremesinghe told the media yesterday that he intended to write to the president. JVP leader Vijitha Herath announced a “People’s Movement for Democracy” for Fonseka’s release.
In response, the government has issued instructions to the police to crack down on any protests. Directives have been sent to all police stations to suppress a poster campaign that is “provoking the public” to carry out anti-government activities. According to the Sunday Times, the police have been instructed to deploy mobile patrols, motorcycle squads and foot patrols.
The government’s response to the limited campaign by opposition parties is a further demonstration of its anti-democratic methods, which are not primarily directed against its rivals in the Colombo political establishment, but against the working class. Under pressure from the International Monetary Fund, Rajapakse is imposing austerity measures to cut the budget deficit and is preparing to suppress the popular opposition that will inevitably erupt. (WSWS)

ICJ report accuses Sri Lankan government of violating human rights




A report by the International Commission of Jurists (ICJ) released late last month condemns the arbitrary detention in Sri Lanka of thousands of Tamil youth with suspected links to the separatist Liberation Tigers of Tamil Eelam (LTTE).

In the wake of the LTTE’s military defeat in May 2009, the Sri Lankan military herded the entire population of LTTE-controlled areas—more than a quarter of million men, women and children—into so-called welfare villages. Inside these mass detention camps, young people were questioned by military intelligence and special units of the Terrorist Investigation Division (TID) and Criminal Investigation Division (CID).
Those accused of being “LTTE suspects,” along with others who surrendered directly to the military, were taken off to secret prisons for further interrogation and “rehabilitation”. Thousands have now been held for more than a year without charge or trial under the country’s draconian emergency regulations and Prevention of Terrorism Act. Such detention centres have been notorious for the use of torture to forcibly obtain confessions.
The ICJ report, entitled “Beyond Lawful Constraints: Sri Lanka’s Mass Detention of LTTE Suspects,” is cautiously written and is aimed at putting pressure on the Sri Lankan government to take “corrective measures”. Nevertheless, it makes clear that the systematic abuse of the basic democratic rights of “surrendees” and “rehabilitees” is a fundamental breach of international law.
According to the report, the arrests of LTTE suspects continued until at least December last year. It points out that even the number of detainees is not known with certainty, and highlights obvious inconsistencies. Last November, Sri Lanka’s Commissioner General for Rehabilitation (CGR) stated that 10,992 people had “surrendered” and stated at a later press conference that the number was 10,732. In February, the former CGR said that 12,000 had been detained. None of the figures tally.
The ICJ estimates that 12,000 people have been arrested. Of those, 1,300 have been categorised as “hard-core LTTE” and face criminal prosecution. At least 8,000 others are being held for “rehabilitation” in at least a dozen camps. About 3,000 have been released over the past year.
The report states that the exact condition of the detainees is unknown and it could not verify whether they have been subjected to torture. Even the International Committee of the Red Cross (ICRC) has been denied access to some detention camps. The ICJ was refused permission to visit any of the prisons. On the basis of the little information available, the report states that conditions are “cramped and unhygienic” and only limited medical facilities are provided.
The ICJ challenges the government’s claim that the detainees surrendered to government forces, and questions the voluntary nature of surrenders that did take place. The report cites a UN report that many parents encouraged their children to “surrender,” even if their links to the LTTE were minimal, in order to avoid later repression. As the ICJ notes, given the LTTE’s “policy of conscription and forced labour”, many civilians had some sort of link with the organisation inside its territory.
The blanket detention without trial of thousands of people is sanctified by the continuing state of emergency and the use of the Prevention of Terrorism Act (PTA). After winning office in late 2005, President Mahinda Rajapakse continued the state of emergency and strengthened its regulations after renewing the war against the LTTE in mid-2006. More than a year after the end of the war, the emergency remains in force.
Emergency regulations allow the security forces to detain a person whom they “believe may commit offences,” for up to one year as a preventive measure. The report explains the draconian nature of the measures: “While magistrates are to be informed of such detentions, the regulation excludes judicial review, declares all such detentions lawful, and denies the magistrate power of bail without consent by the Attorney General.”
The only change to the emergency regulations, made in May this year, is that the period of detention was reduced to three months. The report declares that the detention of about 8,000 people under these emergency regulations could be the “largest mass administrative detention anywhere in the world”.
Even outside the state of emergency, the PTA allows the government to detain a person for up to 18 months without charge. The military and police have the power to arrest people merely on suspicion of a “connection” to “unlawful activity”. The ICJ says this law leads to the arrest of people “no matter how attenuated or remote from the activity and irrespective of the detainee’s intent to participate in or even have knowledge of the occurrence of the activity”.
The report reveals that the army “promised that, once registered, those who ‘surrendered’ would be released, but surrender instead triggered continuing indefinite detention without charge or trial.” It is unclear whether all detainees signed a written surrender statement. Even the detainees who did sign could not have understood the content as the statements were in Sinhala. The detainees are Tamil speaking and the majority cannot read Sinhala.
The report observes that arbitrary arrests “have become the norm and have led to widespread abuses and undermined the normal criminal justice system.” It states that the “emergency regulations and counter-terrorism legislation… fall short of international law” and leave detainees in a “legal black hole”.
The ICJ argues that international human rights law is the “applicable legal regime” for Sri Lanka and that the government is violating human rights. The government had ignored the International Covenant on Civil and Political Rights (ICCPR) and its Optional Protocol, which it had ratified.
Citing the Rome Statute of the International Criminal Court, the report states that “imprisonment or severe deprivation of physical liberty in violation of fundamental rules of international law” amounts to a “crime against humanity” when committed “as part of a widespread or systematic attack directed against any civilian population”.
The ICJ report provides an authoritative account of one aspect of the Sri Lankan government’s systematic abuse of basic democratic rights. It highlights the sham character of the so-called Commission on Lessons Learnt and Reconciliation set up by Rajapakse to justify his government’s conduct of the war, cover up its responsibility for war crimes and deflect continuing international criticism.
The government has dismissed the ICJ report out of hand. Deputy economic development minister Lakshman Yapa Abeywardena told the BBC that LTTE suspects could not be treated like ordinary criminals. “The detainees are providing us with information about others who are still at large. The authorities need to keep them for longer to extract more information about the rebel activities and people involved,” he said.
This “explanation” not only contradicts official propaganda that LTTE suspects are being “rehabilitated” but demonstrates that the Rajapakse government will continue its regime of interrogation and torture indefinitely. Under the pretext of waging a “war on terror”, the security forces are establishing what amounts to a permanent military occupation in former LTTE-held areas. The system of arbitrary detention in secret prisons is a necessary adjunct. (WSWS)

Wednesday 6 October 2010

Sri Lanka: My lawless mother land; By, Basil Fernando

My lawless mother land
What am I to say to you
 
Today, I saw the photograph
Of this young woman
Whose hand and a finger is severed by a thief
A woman from Vavunia
 
I also heard that the thief
Shot her husband when he tried
To protect her
And then the thief fled
 
Just yesterday I read about Doti
A mother aged fifty
Telling about the abduction of rape
Of her seventeen year old daughter
 
And that was at Kalutara
Where the police protected
The rapist, at the high court
Not far from the police station 
 
My lawless mother land
What am I to say to you