Month: March 2019

Sri Lanka’s latest attempt to legalize state terror

First published at https://www.ucanews.com/news/sri-lankas-latest-attempt-to-legalize-state-terror/84751 on 25th March 2019

Replacing one act that tramples on human rights with another that makes potential suspects of us all is no solution

Five years ago on the night of March 16, a Catholic priest called Father Praveen and I were arrested in Kilinochchi, the former capital of the Tamil Tigers (LTTE) in Sri Lanka’s Northern Province. We were detained under the Prevention of Terrorism Act (PTA) and subjected to intense interrogation. The reasons given for my arrest included causing discomfort to the government and sending information overseas to earn money. Unlike many other PTA detainees, we were released after 51 hours — probably due to intense national and international campaigns. But the agony continued after our release. I was almost abducted by armed men in civilian clothes who raided the office of a human rights organization where I was doing some work. Later, the chief of the unit that arrested us told me they were his men, and they had been searching for a different terror suspect.

The overseas travel restriction on me has been lifted, but my electronic equipment that was confiscated has not been returned, and the restrictions on my freedom of expression remain in place. In 2009, Shantha Fernando, an activist working for the Commission for Justice and Peace of the National Christian Council, was also arrested and detained under the PTA. His crime? Carrying photos through the airport depicting the humanitarian crisis that unfolded during the last phase of the 26-year civil war, during which time the military stands accused of conducting war crimes. The PTA has led to the prolonged detention of innocents. In 2015, a court reportedly acquitted a Tamil mother after finding her not guilty of the charges leveled against her — after she had already spent 15 years in detention. The PTA has served as a license for reprisals against dissent, enforced disappearances, torture, sexual violence and prolonged detention. The cabinet formally approved and presented the bill to parliament last year. It is known as the Counter Terrorism Act (CTA).

Problems with the CTA

The CTA uses broad definitions that could make almost anyone a terrorist, and any act of dissent a terrorist act, with intention a key factor. Acts associated with terrorism can include gathering information, and distributing or making information available to a person or the public. Journalists could be penalized for not revealing sources. Participating in or organizing a protest, or a trade union strike, could also make one a terrorist suspect. There is no compulsion to protect an arrested person from physical harm, or to convey the information about their arrest in their own language at the time they are apprehended. What needs to be done is for the government to withdraw the CTA. Failing that, parliament must defeat it. The PTA must be repealed separately. There is no need to link the two laws together. Meanwhile, opposition to the two acts is increasing. But barring some disapproving comments by the bishop of Batticaloa and a few priests, the church leadership, including Caritas, have stayed quiet on the CTA. It is time to stand up and say no to both the PTA and the CTA. Any delay could have dire consequences for people’s human rights, dignity and democracy.

 

Families of the disappeared: Two years of protests, what must they do next?

First published at http://www.sundayobserver.lk/2019/03/03/news-features/families-disappeared-two-years-protests-what-must-they-do-next on 3rd March 2019

The biggest protest I had ever participated in or seen in Kilinochchi took place last week. It was organised by the Tamil families of the disappeared, to mark two years of roadside protests and demanding information about loved ones who had disappeared. It was a gruelling march of more than six km that took over two hours, through the sprawling A9 road in Kilinochchi, braving extreme midday heat.

Perhaps, this pales in the context of the families having braved the sun, rain, dust, fumes, intimidation, threats and assaults for two years. Several elderly mothers collapsed during the march. But more died in the course of continuous protests, not knowing what happened to their loved ones.

Colombo

Colombo seemed indifferent. When one of the women leading the Kilinochchi protest called me, she had a clear request. She asked me to join them on February 25, bringing the Sinhalese and English media, colleagues from Colombo and others from the international community. I did ask many, but predictably, there was not much of a response. The protest coincided with the first year anniversary of the Office of Missing Persons (OMP).

The OMP it had initiated inquiries and made interventions on some cases and referred to its primary mandate as being to ‘Search and trace tens of thousands of missing and disappeared persons’.

But the Office provided no information on the number of persons it had made progress searching for or specific progress made in a single case. Neither did it provide an assessment about progress made in implementing recommendations made in an interim report six months ago. In this context, it was not surprising to hear families of the disappeared protesting in Kilinochchi reiterating that they had no hope or confidence in the OMP.

One woman at the protest was clutching a letter sent by a previous Presidential Commission of Inquiry led by Maxwell Paranagama, which had functioned under President Mahinda Rajapaksa and President Maithripala Sirisena, The letter promised investigations, but the lady had not heard of any progress or results on investigations. Protesters told me that might be what the OMP might end up doing as well.

Geneva

Geneva also seems indifferent. Last week, the UN Human Rights Council (UNHRC) started its 40th session, where it is due to review progress made by the Sri Lankan Government in terms of commitments made on accountability and reconciliation at the UN body three and half years ago. At the Kilinochchi protest, there were many references to the UN, demanding an increased role from it. The protesters recalled that resolution 34/1 of the UNHRC was due to inaction of the Sri Lankan Government on resolution 30/1 and commitments therein.

They demanded the UN to ‘Stop giving Sri Lanka more time’, instead to consider other options of ensuring reconciliation and accountability. But the first draft of a resolution on Sri Lanka to be adopted by the Council dated February 27, two days after the Kilinochchi protest, had no reference to, nor reflected the spirit, grievances, aspirations and efforts made by families of the disappeared on the road continuously for two years.

For me, it seemed that protesting families increased demands from the UN were not based on faith in the UN, but deep frustration and disappointment in the political leadership, and institutions such as the judiciary and the OMP.

Indeed, when I joined the same families at a similar protest on the 100th day of their continuous roadside protest, they blocked the A9 road for about five hours and their primary demand was to meet the President. The families also seem to have very little faith in Tamil politicians and insisted that Tamil politicians with access to the international community, donot represent them.

Hartal

A significant feature of the Kilinochchi protest last week was the hartal across the Northern Province. Shops, eateries, some supermarkets and banks were shuttered. There were no local buses and very few vehicles on the main roads. Hartals usually inconvenience the poor. Those who use public transport end up being stranded, daily wage earners lose their income. But my impression was that many joined the hartal sympathising and supporting the struggle of families of the disappeared. The popular women led eatery in Kilinochchi, Ammachi was closed, which meant loss of income.

I met some of the women at the protest, easily identifiable by their Ammachi t-shirts. After the protest, a shop keeper in Iranaipalei in the Mullaitivu District, about an hour’s drive away from the Kilinochchi protest, told me he could not go for the protest, but closed his shop in support of the protest. A trishaw driver who had stayed home in Mullaitivu expressed similar sentiments. Some of the female community leaders of the Kepapilavu community, themselves at a roadside protest for two years demanding release of military occupied land, also joined the Kilinochchi protest.

So did families of the disappeared, women’s activists, Christian clergy from across the North and the East. Many Tamil journalists from the North were covering the protest. Some Tamil politicians also joined, but played a low profile role, heeding the explicit demands from protest leaders that politicians should not be at the forefront of the demonstrations.

Reprisals

The day of the protest and hartal was also the day three habeas corpus cases in relation disappearances were being taken up in Jaffna courts, where a serving senior military officer is implicated. A female activist involved in the case had allegedly been assaulted and hospitalised last year and lawyers have allegedly been intimidated.

Even on this day, a lawyer was reportedly subject to intimidation as she was leaving courts after appearing in the case, with men on a motorbike trying to crash into her car. Last year had allegedly seen several incidents of reprisals against both Tamil and Sinhalese families of the disappeared.

Importance of solidarity

My visits and interactions with protesting families had led me to write about my experiences and reflections. The last two pieces I wrote to this paper on disappearances was about 366 days and then 500 days of the continued roadside protests. As I contemplated writing about the 730 days of the protests, I wondered what new things I could write. Not much seems to have changed, except continuing reprisals, increasing frustration and desperation.

The same lines with which I finished off my 500 days articles sums up my feelings today.

“As they wait for answers from the Government and institutions such as the OMP and judiciary about their loved ones, families of the disappeared deserve more coverage by mainstream Sinhalese and English media. They need continued solidarity from society – Sri Lankan and international. The struggle of the families must become a struggle of all Sri Lankans”.

The hartal showed that the North is listening and in solidarity with Tamil families of the disappeared. But Colombo (and the rest of Sri Lanka) and Geneva (and the world) doesn’t seem to be listening. What the families can do next remains a big question mark.