Northern Province

Access to land is a must for reconciliation in Sri Lanka

First published on 22nd May 2018 at https://www.ucanews.com/news/access-to-land-is-a-must-for-reconciliation-in-sri-lanka/82349

For rural communities, land is much more than a piece of property with a financial value

On April 23, I was with about 300 people from the Iranaitheevu twin islands off the north-western coast of Sri Lanka in the Kilinochchi district as they courageously reclaimed their Navy-occupied lands.

The islanders are all minority ethnic Tamils and Catholics.

In 1992, the islanders were compelled to leave due to the nation’s long-running civil war and the Navy subsequently occupied the islands. Some access was provided to the villagers until about 2007, but after the end of the war in 2009 they were totally barred.

Surrounding waters had provided fish and they had coconut trees, cattle and other sources of livelihood there. An historic church played a central role in village life, along with a school, cooperative, weaving center, hospital and village council.

Their hopes of returning rose after the election of a new national government in 2015. But, despite a series of meetings with officials in 2016 and 2017, and 359 days of continuous protest, they were not allowed to resettle.

Hence, on April 23 they sailed to their islands in about 40 boats accompanied by priests, nuns, activists and journalists. They stated firmly that they had come to stay, despite most of the infrastructure having been destroyed, and that the Navy could remain so long as their daily life was not obstructed.

Land releases and trail of destruction

Ten days earlier, the Army released 683 acres of land in northern Jaffna district to 964 legal owners after 28 years of occupation. But local activists, politicians and journalists reported that some access roads and a school were still held by the army. Buildings that were in good when they left were destroyed when they were allowed to resettle.

The people who were displaced were further insulted by the garlanding at a hand-back ceremony of those who took away their land. Ironically, the return of the land was referred to as “gift” by the military. There were no apologies and no compensation for displacement, losses and suffering the occupation caused.

While the government announced more than a billion rupees (approximately $US 6.4 million) to the army for them to release land, there has been minimal assistance offered to the people who were resettling. This arrogant approach inhibits scope for reconciliation through land releases.

Land issues faced by Muslims and Sinhalese

While Tamils in the north have suffered most due to military land occupation, Muslims and Sinhalese in this region have also suffered, with official complaints, negotiations, protests and court cases failing to resolve most land  grievances.  Also in the north, Muslims who were evicted by the Tamil Tigers in 1990 complain of insufficient government resettlement assistance and feel that most Tamils are not supportive of them returning.

Land issues beyond military occupation

In addition to the military, other government agencies such as those responsible for forests and wildlife have been accused of restricting people’s access to land. Tourism and other development projects are also affecting people’s access to land. And across the country, land entitlements are denied on the basis of caste and gender. Tamils who worked on British-initiated tea plantations in slave like conditions have remained landless for more than 150 years.

Land and reconciliation

In the North, new land grabbing continues. In Mullaitheevu district last year the government claimed 671 acres of land to build a Navy camp, citing this as a “public purpose.”

For rural communities, land is much more than a piece of property with a financial value. On it hinges livelihoods; especially through fishing and farming. Their ancestor’s remains are in these lands and there are historic places of worship such as Hindu temples and Christian churches. Community life has been tied to the land and merely relocating people or providing financial compensation will not help.

Court cases, petitions, discussions with authorities and protests will continue. In the absence of favorable responses from the government, it’s possible that more displaced people will attempt to re-occupy their lands as happened in Iranaitheevu. There cannot be reconciliation without access to land.

Ruki Fernando is a Sri Lankan human rights activist who was detained under the Prevention of Terrorism Act and is still under investigation with restrictions on free expression. He is a member of the Justice, Peace and Integrity of Creation Commission of the Conference of Major Religious Superiors and a member of the Watchdog Collective and an Advisor to INFORM Human Rights Documentation Center.

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The May 18 Disconnect

First published on 20th May 2018 at http://www.sundayobserver.lk/2018/05/20/opinion/may-18-disconnect

Travelling back to the final theatre of battle nine years later, where tens of thousands of civilians were trapped in the fighting, an activist reflects on the horrors of the final days of the war in 2009 and the inability of Sri Lankans in the north and south to connect to each other’s suffering on the anniversary of the guns falling silent.

May 18, 2009 is the day Sri Lanka’s three decades long war came to an end.

Mullivaikkal, a narrow strip of beach in the Mullaitivu District is where the war ended, when the Sri Lanka Army militarily defeated the LTTE and its 26 year struggle for a separate Tamil state. Before 2009, Mullivaikkal was a beautiful, but practically unheard of village, between the now infamous Nandikadal Lagoon and the ocean on the island’s North Eastern coast.

The days, weeks and months preceding May 18, 2009, Mullivaikkal and nearby areas had been the epicenter of the final battles of the civil war, with a UN estimate of tens of thousands killed – combatants and civilians and hundreds disappeared – many of them after surrendering themselves to the authorities.

Yesterday’s emotional and moving journey to Mullivaikkal felt like a pilgrimage. It started when a good friend unexpectedly invited me to join him.

It became a journey that retraced his footsteps in 2008-2009, for twelve months, under very different circumstances. He had journeyed from Vellankulam on the North Western coast to Mullivaikkal with thousands of others, and was held for 100 days in the Vavuniya Menik Farm, the Government internment camp for civilians who had been trapped in the final battle zones.

As we travelled, he showed me the places he had camped out for several months and others in which he had only tarried a few days, in and out of bunkers, amid heavy shelling. He pointed to a playground on the roadside which he said had been inside the first No Fire Zone declared by the military. Here, he recalled people being killed and injured when shells rained down while a UN convoy was distributing food. At a nearby church, a mutual friend had lost his leg.

Retracing

In that year long journey to Mullivaikkal in 2009, he had seen people fall dead all around him and many injured. We heard stories about how he had picked up an injured and dying man on the roadside, and carried him to a makeshift hospital in Puthumathalan on his motorbike while shells fell all around him. When he reached the hospital, his clothes were soaked with blood, leading medical staff there to think my friend had been fatally injured.

He pointed out a place and an incident where he had narrowly escaped being hit by shelling, but 13 other people had been killed.

My friend is a Catholic Priest. In 2009, his Bishop, the Vatican, even the Sri Lankan President had requested him and other Priests to leave the war zone, even agreeing to facilitate their exit. My friend was among the small stubborn and exceptionally courageous group of clergymen and women who refused to leave the war-zone until the last person had left.

Between April-May 2009, around the Mullivaikkal region, one of these priests died, another disappeared, one lost his leg and yet another suffered injuries. But my friend and others survived. He showed me the last place where he sought shelter until May 18 and the place the military interrogated him before his 100 days at Menik Farm.

As we walked around Mullivaikkal, he introduced me to other survivors.

One was an elderly gentleman whose wife and other relations including young children died on May 14, 2009. Keen to keep using Tamil civilians as human shields, the LTTE was preventing people from leaving the war zone, so this family had tried to secretly cross over through bushes and water. They had all drowned in the Nandikadal lagoon.

Another friend who had also stayed till the end, showed me a school in Mullivaikkal where bodies of the dead had been piled up. Another told a story of parents who survived, whose children had been killed. The children’s remains had been found when they returned to resettle after the war.

There were too many such stories to narrate, and there aren’t enough words to describe the pain.

Commemorations in the North

My friend also showed me where another Priest who had stayed with the people right till the end had died on the last day of the war, on May 18, 2009. That was Fr. Sarathjeevan, or “Fr. Sara”.

I had not known Fr. Sara, but out of respect for him, I had been attending a commemorative event for Fr. Sara and others killed, for several years, in a small village near Kilinochchi. Some friends of Fr. Sara had decided to erect a small and simple monument for him at the last church he served. From this church, right up to Mullivaikkal, Fr. Sara accompanied civilians who were being pushed back as the military advanced against the LTTE frontlines, pushing the Tigers’ frontlines, fell further and further to the edge of Mullaitivu. A second monument was also erected to commemorate all those who had died in the war.

The two monuments, standing side by side, are the first ever monuments built by civilians for civilians in the Wanni. During this year’s commemoration there, prayers had been offered for all those killed, including civilians, LTTE cadres and members of the armed forces.

Yesterday, I saw elaborate arrangements being made in the Mullivaikkal chapel for a commemorative service. Symbolic sand tombs had been made for those without graves, and they were sprinkled with flowers. There was also a bigger event with thousands of affected families participating, along with clergy, university students, the Northern Chief Minister and Tamil politicians.

North and South; Sinhalese and Tamils

Since 2009, May 18 is the day I feel the strongest disconnect between the North and East and rest of the country, along ethnic lines. Since 2009, the mood of May 18 in the North has been one of mourning. These events have been misunderstood by sections of the South, to be similar to the November LTTE Martyrs’ Day commemorations. But the May 18 memorials have not been about the LTTE.

Most Tamils in the North, which bore the brunt of the war, mourn and grieve for the family members killed. It is similar in the East, which also was badly affected by the war. For years since 2009, the rest of the country was a contrast. From 2009-2015, the Rajapaksa Government celebrated May 19 as Victory Day. The current Government decided that it will be renamed as Remembrance Day, a quieter memorial day for fallen members of the armed forces. There has been little attempt to transform May 19 into a day of remembrance of all those who fell in Sri Lanka’s long drawn war – civilians and combatants alike.

Over the years, in the North, those organizing and participating in remembering the war dead have faced restrictions, harassments, intimidations from police and military. At the end of the war, the Government at the time decided to raze cemeteries where LTTE combatants were buried. Some have had camps built over them, and military personnel play cricket on the same ground. For families of those buried on these grounds – because LTTE cadres were also someone’s family – this is agonizing.

Clearly, remembering those who were killed during the war – whether civilians, journalist, priest, politicians, soldier or LTTE – is something that divides us ethnically and geographically, even as we close upon a decade since the end of the war. There have also been voices and acts of extraordinary courage.

Returning after an emotional day in Mullivaikkal, nine years after the end of the war, I struggle to keep faith that the few exceptional voices and initiatives will prevail and Sri Lanka will overcome the May 18 disconnect. Reconciliation will remain elusive till then.

Freedom of Expression on the decline in Sri Lanka

First published on 3rd May 2018 at http://groundviews.org/2018/05/03/freedom-of-expression-on-the-decline-in-sri-lanka/

The last twelve months, since World Press Freedom day 2017, has not been a good year for freedom of expression in Sri Lanka. The war ravaged North bore the brunt of repression, while there were also several incidents in other parts of the country. Victims included journalists, lawyers, activists, artists and in particular those speaking out and advocating on issues such as of women’s rights, gender and sexuality. A website that had published content critical of the President was blocked, following an intervention from the Presidential Secretariat. With very few exceptions, impunity reigned for past violations of free expression, including most serious ones such as killings and disappearances of journalists and media workers and arson attacks on media institutions. At an event organized by the Free Media Movement (FMM) on the eve of World Press Freedom day, all the speakers and several participants acknowledged the lack of movement in structural reforms to the media in Sri Lanka in the last year.

Free Expression in 2017 – 2018 in the North

In March this year, the Army was reported to have detained and questioned Shanmugam Thavaseelan, a Tamil journalist reporting about Army’s alleged attempts to seize the land of a destroyed LTTE cemetery. When the journalist had refused to hand over his camera to be searched, he was interrogated by the Army who implied that his days were numbered and also subjected him to verbal abuse. The Army appeared to have acknowledged this during an inquiry by the Human Rights Commission, but there were no reports of even disciplinary action against the responsible officers. In December last year, a group of Tamil journalists doing research on Sinhalisation in the Tamil majority Mullaitivu area were reported to have been detained and questioned by Army and Police, their cameras and equipment seized and photos and videos deleted. The identity details and vehicle registration numbers were also recorded and were photographed by the soldiers.

Also in December, in two separate incidents, two Tamil journalists, Subramaniam Baskaran and Shanmuganathan Manoharan were reported to have been beaten. In July, another Tamil journalist, Uthayarasa Shalin was reported to have been stopped by two soldiers when he was travelling to Maruthankerny, to report on a protest by Tamil families of disappeared, and accused of writing lies. Also in July, Northern Tamil print and broadcast journalist T. Pratheepanwas reported to have received multiple summons by the Criminal Investigation Department (CID) to appear in Colombo to testify about broadcasting a press conference, and after informing his inability to travel to Colombo, he was interrogated for three hours about the press conference and was asked to produce footage. His statements, given in Tamil, were transcribed in Sinhala – a language he does not understand and he was pressured to sign this Sinhala document despite being unable to verify its contents. Tamil journalists in the North reported continued surveillance and intimidations.

In a bizarre incident, V. S. Sivakaran, the head of the Federation of Community Organisations in Mannar was reported to have been summoned to appear before the Terrorist Investigation Department (TID) in Colombo, in relation to a letter he had written to President Sirisena, ahead of the latter’s plans to visit the opening of an allegedly illegally constructed Buddhist temple in the vicinity of the historic Thiruketheeswaram Hindu Temple in an area with no Buddhist residents. In his letter, Sivakaran is reported to have criticised the President for his planned participation in the event and that the President’s attendance at the opening ceremony would be marked with protests from aggrieved locals. Sivakaran had not issued any threat to the President’s person.

 Mariyasuresh Easwary, a Tamil woman whose husband had disappeared and has been vocal leader of a prolonged protest demanding truth and justice was assaulted in Mullaitivu. A rights activist was interrogated and beaten on his way home after speaking at an event. A memorial event to remember and grieve for Tamils killed in the war was stopped and organisers harassed and subjected to investigations. In November, two Tamil youths from the Vavuniya district in the Northern Province posted a photo on Facebook showing the Vavuniya District Secretariat office, the purpose of which appeared to be to draw attention to a poster of a tree planting campaign and a large tree behind the poster that looked as if it had been cut. They were questioned by the Vavuniya police, and made to sign an affidavit written in Sinhala, a language they don’t understand, and were told that they could lose their jobs and that they could not photograph Government offices nor critique their actions.

These incidents indicate a trend where the Army and Police seems determined to restrict reporting on matters considered to be sensitive such as disappearances, remembering war-dead, Sinhalisation, land, militarisation and anything critical of the government.

Freedom of Expression outside the North

While freedom of expression was under the greatest strain in the North, there were also several alarming incidents across the rest of the country from 2017 to 2018. Lakshan Dias, a human rights lawyer speaking about the rights violations of religious minorities on TV was threatened by the then Minister of Justice and was compelled to flee the country temporarily, and was subjected to lengthy interrogation on return. Sudesh Nandimal De Silva, an eyewitness and vocal campaigner seeking justice for prison massacre had his house shot at, and received death threats by phone. Human rights lawyer Senaka Perera who had filed a petition on behalf of Nandimal, also received death threats by phone. There were vicious threats online against them and others campaigning for justice. On October 6, Police Assistant Superintendent Roshan Daluwatte was recorded assaulting journalist Susantha Bandara Karunaratne while the latter was being taken into custody. The video of Karunaratne being held by two police officers while Daluwatte slapped him went viral online and was widely broadcast on television. The Human Rights Commission launched an investigation into the incident shortly after.

In general, foreign journalists found access and the working environment  in Sri Lanka favourable, but in March 2018, a week after the attacks on Muslims by mobs identifying as Buddhists, heavily armed Army and Navy personnel tried to stop an Al Jazeera crew with government accreditation, from filming by the roadside. One soldier warned that they don’t like the situation ongoing in the area being known overseas and another stated that they had been ordered not to allow filming in the area, though this was later denied by the Director General of the Government Information Department.

Free Expression online

In March this year, the government restricted access to several social media platforms for several days in the aftermath of attacks against Muslims by mobs identifying themselves as Buddhists in the Kandy district. Right To Information (RTI) requests by the editor of the citizen journalism website Groundviews revealed that the website Lanka E News was blocked, after a letter from the Presidential Secretariat to the Telecommunication Regulatory Commission noting that the website has been publishing false articles about the President and family members and asking the TRC’s Director General to “take suitable action”. Earlier on, Groundviews had managed to obtain a list of 13 websites that had been blocked from 2015onwards by the TRC, with at least in four instances, the order coming directly from the Presidential Secretariat, who via the Media Ministry had made applications to block specific websites, often on the grounds of providing incorrect or false information about the President.

 Reprisals for expressing opinions and advocating on women’s rights, gender and sexuality

In April this year, a performance in Colombo titled “Cardinal Sin”, by Grassrooted Trust, looking at proposed reforms to abortion law was barred by the government’s censorship arm, the Public Performance Board. The performance was part of an annual event called “V day”, the 2018 version of which was called “PatriANarchy” focusing on how patriarchal values continue to inflict violence in Sri Lanka.

The Muslim Personal Law Reforms Action Group (MPLRAG) , which have expressed strong positions against discriminatory and oppressive elements of the Muslim Marriage and Divorce Act (MMDA) have often come under attack in social media, with accusations ranging from them being a group operating in secret, being Israeli agents, not looking like Muslim women etc. Those expressing opinions and advocating in favor of equal rights for Lesbian, Gay, Bisexual and Transgender persons also faced vicious attacks on social media. Women’s dresses, ranging from abaya to bikini also drew criticism on social media. In April this year, the English language “Daily Mirror” newspaper used words such as “nag”, “nitpick”, bemoan”, “lamenting” to describe women who went to courts against discriminatory laws.

Impunity

In August 2017, Nadesapillai Vithyatharan, who was abducted in 2009, tortured and subsequently dumped on the roadside while he was editing the Colombo based “Sudar Oli” paper during the war had asked a senior Sri Lankan journalist Sunanda Deshapriya, ‘Why is this Government not investigating my abduction? Is it because I am not a Wickrematunge or Ekneligoda?’ The then Secretary to Defense had told an Australian TV, “Vithyatharan is a terrorist, so we arrested him”, and Vithyatharan identified two policemen who came to abduct him by name as Ranganathan and Wijerathana. But still, there is no arrests and none of these three have been even questioned to the best of our knowledge.

Tamil journalist Subramaniam Ramachandran disappeared in February 2007 after being seen at an Army checkpoint.

Another Tamil journalist Subramaniyam Sugirtharajan was killed in January 2006 after he had published photos indicating 5 youth killed in Trincomalee in 2006 were by shooting and not due to grenade injuries as narrated by the Special Task Force (STF) of the Police. The Uthayan newspaper office have been subjected to arson attacks and it’s journalists and media workers killed, disappeared, assaulted and threatened numerous times during and after the war, but no one has been arrested, prosecuted or convicted.

In contrast, there has been some progress on three few high profile journalists cases in Colombo. In relation to the killing of Sunday Leader newspaper’s editor Lasantha Wickramatunga and the abduction and torture of Deputy Editor of the Nation newspaper Keith Noyahr, a senior Police Officer an Army Officers were arrested this year.

But after some arrests and revealing of significant information to courts, the case of Prageeth Ekneligoda disappearance seems to be stagnating since about 2016 when all the suspects were released on bail, the last of which was just after a public statement of the President criticising the detention of Army intelligence personnel. Both the Criminal Investigation Department (CID) and State Counsel leading the case on behalf of the Attorney General’s (AG) department, had repeatedly told courts of the Army providing false information, denying possession of evidence, delaying production of evidence and misleading investigations and courts. They had also reported a lack of cooperation and obstructions towards investigations from the Army, and intimidation towards witnesses. A key witness, who had seen and questioned Ekneligoda in the Giritale camp on 25th January 2015, has complained to the Police about a conspiracy to harm his life from the Giritale camp.

Significantly, more than three years after the new government came into power, there have been no prosecutions even in these cases, in May 2008, January 2009 and January 2010 respectively.

Conclusion

In the annual World Press Freedom Index compiled by Reports without Borders (RSF), Sri Lanka still languishes in the “bad” or “red” category (Above very bad, but below Good, Fairly Good, Problematic), placed 131 out of 180. The RSF index indicates that Sri Lanka’s situation on press freedom has improved in relation to other countries by ten notches in the last year, but it should not be misunderstood or misinterpreted as indicating an improvement of the situation of press freedom in Sri Lanka since 2017.

Although there has been no killings or disappearances of journalists, media workers or arson attacks on media institutions during this period, the many threats to Freedom of Expression in last 12 months such as those mentioned above, and impunity for past violations, makes it clear that Freedom of Expression was on the decline in Sri Lanka in 2017-2018.

Iranaitheevu: a community reclaims their island home from the Navy

First published on 25th April 2018 at http://groundviews.org/2018/04/25/iranaitheevu-a-community-reclaims-their-island-home-from-the-navy/

On the morning of April 23, 2018, about 300 people from the Iranaitheevu twin islands decided to sail there in about 40 boats. They have been displaced since 1992, and the Navy has occupied the island, barring the local people from staying or even visiting their traditional land, on which had hinged their livelihood. The islands also had important institutions like a school, churches, cooperative, weaving centre, hospital and village council.

These people hoped that they could return to their island after the end of the war in 2009, and the election of a new government in 2015. Yet, they were still not allowed to return, despite a series of meetings and correspondence with Ministers, politicians and government officials from 2016 to 2017. In desperation, they resorted to a continuous protest for almost a year (359 days as of April 23). Even that didn’t bring them home.

On the morning of April 23, they planned something different. Something daring that most Sri Lankans wouldn’t try. I was scared of this too.

In the preceding days and weeks, I received many calls to join them on April 23 and bring supporters as well. They especially wanted journalists, lawyers and priests to join them on April 23. I asked many friends and colleagues, it was not easy to convince people to join, but a few did. I joined their protests several times, but had almost given up, frustrated by the lack of government response and my own inability to do anything meaningful to support the people’s struggle. But the phone calls and a chance meeting with a youth from Iranaitheevu the previous week re-energised me.

So I went to join them on April 23. After a religious service at the Iranaimathaanagar church, next to their 359 day protest site, they held banners and placards and marched to the beach. Then they got into boats and started to sail towards Iranaitheevu. They wanted me and others who had come to support them from Jaffna, Mannar, Colombo etc. including the journalists and priests to join them. Most of us got into the boats.

I was apprehensive. Not of rough seas but of the Navy. I knew the Navy had only allowed people to land and stay in the island for prayers in the church, and that too after prior permission was obtained. With me on the boat was a long time friend and Catholic Priest from Pesalei, and we recalled the fire power of the Navy, and how they had even attacked and killed and injured people inside the Pesalei church. People raised white flags on their boats, but both of us remembered how people who surrendered with white flags were reported as killed.

But yesterday, there was no obstruction from the Navy. People landed and proceeded to the church where they prayed. A few Navy officials came and had a brief discussion. The People were firm and polite.

“We have come to our lands, our church. We have had enough of displacement, and we plan to stay here. We have legal documents. You (Navy) can also stay in the islands, but not on our lands, and should not disturb or obstruct our lives.”

The offers of the Navy to rebuild the church was dismissed by the people and priests, saying their priority was to resettle in their land, and renew their livelihoods and their traditional way of life. The Navy officers retreated, saying they would convey the news to higher officers.

A community discussion reaffirmed their resolve to stay overnight. Within an hour or so, some people had started to change clothes to stay on. Others braved the scorching sun and walked a distance into the interior of the island to see their land, or what was left.

The richness of the island soon became clear to first time visitors like me. We saw people enjoy coconuts, one lady caught mussels and another man a sea cucumber. There was also a new fruit, I tasted which I had never had before.

A retired principal of the school took us to his old office, showed us the school building, the teacher’s residences and also a unique underground rainwater collection system for drinking water. The main church was still standing, though damaged, but a smaller church was in ruins. The priest’s residence and the convent of Holy Family Sisters was damaged but still standing. A weaving centre, local cooperative and the village council buildings had all been totally destroyed. A community well was standing and had water, but will need a cleanup.

From what we could see, the Navy had only occupied a small part of the island. Yet according to an elder, that area included five houses, the hospital including the doctors and nurses residences, a playground and the cemetery.

There were no roads and no motor vehicles on the islands – only bullock carts and cycles. We saw plenty of cows, but people complained that they had left behind many more, which the Navy may have slaughtered.

Most of us who had joined in solidarity left the island in the afternoon. But 105 islanders stayed the night. Even as we were leaving, they were cleaning up and getting ready to stay on.

Landing in the island and staying on, to reclaim their occupied lands, without waiting for permission or approval seemed a non-violent act of community defiance and resistence rarely seen in Sri Lanka in the recent past. To me it was an act of exceptional courage and determination. But for one community leader, it was much simpler – “Why do we need approval to go to our land, our church?”

They have only been on the island for just over 24 hours. Despite the richness of the land and the sea, and despite the resilience and creativity of the people, challenges remain and they will need support.

There is no formal recognition by the government of their resettlement on their own lands, and no assistance has been offered in terms of essential and immediate needs like water and food. Houses and community structures like the school, hospital, village council, cooperative etc. will have to be reconstructed. There will have to be regular transport between mainland and the island.

But for now, the joy of having reclaimed their own land, in their own way, by themselves, will prevail.

Iranaitheevu; a year of continuous protests to regain Navy-occupied land

First published at http://groundviews.org/2018/04/20/iranaitheevu-a-year-of-continuous-protests-to-regain-navy-occupied-land/ on 20th April 2018

After the election of the new government in 2015, the people of Iranaitheevu, forcibly displaced since 1992, finally thought they would be able to return home. Yet a flurry of letters and high-level meetings with government officials and politicians in 2016 and 2017 didn’t bring any results. In desperation, the community took the difficult decision to begin a continuous roadside protest on 1st May 2017. Almost a year later, they are still fighting.

History

Iranaitheevu is a pair of twin islands situated in the Palk Strait, belonging to the Poonekary Division of the Kilinochchi District in the Northern Province in Sri Lanka. A channel of sea water runs between the Big Island (Perum Theevu) and Small Island (Sirum Theevu).

According to an official survey map of 1982, 143 plots of land were demarcated in the larger island of Perum Theevu and 35 plots in the smaller island of Sirum Theevu. Villagers trace the island’s history to about 200 years, pointing out an old watch tower from 1886. At the time of first displacement, around 125 stone houses, 6 wells for drinking water, a health center, a school and 2 churches were reported to have been on the island.

Fishing was traditionally the main source of income, with men going to sea and women engaging in shore-based fishing practices, such as harvesting sea cucumbers and crabs, with both men and women contributing to the family income. Families also reared livestock, including cows and goats, engaged in cash crop cultivation of onions, chilies and manioc, and cultivated coconut trees. The island waters are rich in limestone, providing a rich breeding ground for a wide variety of fish species and base material to build houses on the islands as well as on the mainland. Islanders had trading and socio-cultural relationships with people in areas in Southern Sri Lanka like Negombo, from where a Catholic Priest had reportedly visited the island for church services.

War and Displacement

The first major displacement occurred in 1992, when there were about 200 families displaced to mainland due to the war. Since then, the Navy had occupied the island, providing sporadic and limited access to the villagers until 2007. Islanders were again displaced multiple times from 2007 throughout the last phase of the war. Those who survived were detained in Menik farm, in Vavuniya district. They were eventually released and allowed to return to where they had lived in displacement in Iranaimathaanagar, near Mulankavil, one of the closest mainland points to their island. But since this last round of displacement in 2007, the Navy has prohibited them from returning or even freely accessing their traditional islands.

Following negotiations with the Navy, the people are now allowed to travel to a restricted coastline of the island for fishing, but they are not allowed to stay overnight. Traveling daily between the island and the mainland has dramatically increased the cost of fishing. Furthermore women from Iranaitheevu who used to engage in coastal fishing are unable to do so now and are without work. Family incomes have suffered, particularly those of women-headed households. The rising cost of fuel and decreasing marine resources caused by illegal fishing from Indian trawlers in Northern waters has also drastically affected incomes of fishing families.

The only time of the year residents have been allowed visit the island since 2007 is for a pilgrimage to the Church during Lent season, usually a day in February or March. One woman narrated a story in which on one such occasion, there was a storm on the sea and the people asked the Navy to allow them to camp on the islands overnight to wait for the storm to pass. But the Navy had refused, and compelled the islanders and their children to take the treacherous journey back home across the rough seas. During this year’s pilgrimage, people’s freedom of movement was restricted and severe inconveniences caused to the people by the Navy, despite the Parish Priest having obtained prior permission for people to stay in the island for three days for the traditional Lenten church services.

The Fisheries Cooperative

The Iranaitheevu Fisher Cooperative had been a thriving institution, functioning on membership contributions when the fish harvest was plentiful. It played a huge role in the well-being of the community and most of the stone houses on the island were built with subsidies from the Cooperative, but today it finds itself struggling to meet its daily expenses.

The Cooperative structure, with its democratically elected leadership, also ensured the island’s resources were sustained and developed for the use of future generations. But recently, individual fishermen from outside the area have been given access by the Navy to fish and profit off of the island’s resources. This has led to a breakdown of community checks against profit driven exploitation of natural resources and has further fostered a strong sense of injustice among the islanders as they’re being deprived of their islands’ resources. The Navy has also been making allegations of drug possession against the original inhabitants of Iranaitheevu. But according to villagers, no one has been arrested nor has any boat been withheld by Courts for possessing illegal substances.

Struggles to return home: the paper trail

Since their return to Iranaimathaanagar in late 2009, the people have made several attempts to reclaim their lands. These intensified after the election of the new government in 2015. But despite continued communication and protests, leading to some vague assurances at different points from high levels of the government that they would be able to return home, they have still not had definitive answers.

Efforts included appeals to the Northern Province Chief Minister, who had appealed on their behalf to the Resettlement Minister; an appeal to a local MP Vijayakala Maheswaran, who had appealed on their behalf to the Prime Minister; and an appeal to the European Union Delegation in Sri Lanka that had also appealed to the Resettlement Minister on their behalf. Finally, they appealed twice in 2017 directly to the President.

Continuous protests from 1st May 2017 and promises broken

On 1st May 2017, in the absence of any clear information about when they could resettle, the people commenced a continuous protest in Iranaimathaanagar. They also took the protests to Poonakari, Kilinochchi and even Colombo. A community leader also attended 37th session of the UN Human Rights Council in Geneva, to highlight their ongoing struggle to resettle in Iranaitheevu and seek international support.

These efforts, especially the protests, led to series of meetings and discussions between the Iranaitheevu community leaders with staff at the Presidential Secretariat, the State Minister of Defense, local MP Vijakala Maheswaran, the District Secretary of Kilinochchi, the Divisional Secretary of Poonakari, Navy officials and also with a Parliamentarian and members of the small Marxist party, Janatha Vimukthi Peramuna (JVP).

An outcome of these efforts was officials of the Survey Department visiting the island in Sept. – Oct. 2017. But no information has been provided to the people about results or follow up actions. No information has also been provided to the people about response of the Kilinochchi District Secretary to a request by the Resettlement Ministry in March 2016 to “submit detailed report regarding the resettlement of Iranaitheevu Island, including the tentative cost estimate, as early as possible” or a letter from an Additional Secretary to the President to the Defense Ministry in August 2017, asking “to take appropriate action”. Nor has any update been provided about the promise made by the State Minister of Defense to discuss resettlement in Iranaitheevu ith the President and find answers.

Waiting to go home

Currently there are approximately 400 families living on the mainland nearest the islands in Iranaimathanagar. Around 95 are women-headed households.

Despite their displacement for almost 25 years, the people remain deeply attached to their island. The literal translation of ‘Iranaimathanagar’, to which most families were displaced in 2007, means ‘the mother city of Iranai’. The official Grama Niladari Division number is still retained and the Sub Post Office, the government school and the Fisheries Cooperative all carry the name of Iranaitheevu despite their physical structures currently standing in Iranaimathanagar.

The people’s demands are simple. They want unrestricted access to Iranaitheevu, to settle there permanently to engage in fishing, cultivation and maintaining livestock as they did before their forced displacement. They have not asked for the total removal of the Navy, but are seeking the release of people’s lands which have been occupied by the Navy and for action to be taken to prevent island resources from being misused and exploited by people accessing them illegally.

366 days – Roadside Protests in Kilinochchi

First published at http://groundviews.org/2018/02/22/366-days-roadside-protests-in-kilinochchi/ on 22nd Feb. 2018

366 days (as of 20th Feb) is a long time to be at a 24 hour roadside protest. That’s how long Tamil families of disappeared in Kilinochchi have been there. In the coming days and weeks, protests by families of disappeared in Vavuniya, Mullaithivu, Maruthankerny (Jaffna district) and Trincomalee will also reach one year.

Most of the protesters were elderly mothers and fathers and those physically and mentally injured by the war. They have been braving the sun, rain, cold, dust, insects, mosquitos etc. Some had been hospitalised. I was told 7 women had died during the past 366 days. One woman leading the protest in Mullaitivu was assaulted, and received threats to stop. The protestors have been subjected to constant surveillance. While protesting, they had also struggled to take care of their other children at home, engage in livelihoods, find the bus fare to come to the protest site and a range of other practical problems. From the day I first met them one year ago, and through subsequent visits, I have seen them getting sick, hungry, cold, sweating, their spirit and physical strength deteriorating. But they have not given up.

They have told me that their protest is not leveled against the government, military or anyone else. They just want to know whether their disappeared children, grandchildren, husbands, are alive or dead. Many believe their loved ones are alive and want to know where they are being held. They want to see them. If dead, they want to know what happened and to receive their remains. Many protesting families had seen their loved ones surrendering to the Army in front of their own eyes, after which they were never seen again.

The beginning and evolution of the protests  

The protests started with some families of the disappeared in Vavuniya staging a fast unto death in January 2017. One of the leaders, Jeyavanitha, a Tamil mother, has a 2015 election campaign leaflet of President Sirisena and asserts that one of the school girls in uniform next to the President is her daughter.

As health conditions of the elderly women fasting in Vavuniya deteriorated, the State Minister of Defense met the families at the protest site. He promised a meeting with several senior Ministers in Colombo, and families agreed to temporarily suspend the protest. That meeting happened, but was marred by controversy, as the government had invited some Tamil National Alliance (TNA) MPs, who the families didn’t want to attend. The TNA MPs had eventually left, but based on what the State Minister for Defense had told him, the TNA Spokesperson reported to media that the families wanted priority for their own family member’s cases. Several of those actually present at the meeting till the end told me that they never asked for this, and insisted on answers to all families of disappeared. The meeting never yielded anything, and after waiting for two more weeks, the families in Vavuniya recommenced their protests, which will reach one year on 24th February 2018. Around the same time, protests started in four other places in the North and East.

Other forms of struggles and the ethnic factor

Not all Tamil families of disappeared in the North and East are involved in these protests. Several have filed Habeas Corpus cases, which are pending in courts in Jaffna, Mullaithivu, Vavuniya, Mannar and Colombo. Last year, some families of Tamil men who were taken away by the Army in 1996 in Jaffna, filed fresh Habeas Corpus applications. Based on this, an Army officer alleged to have been responsible and now serving as a Major General in Mannar, has been summoned to appear before courts. In different cases filed in Mannar and Colombo in relation to different incidents, Police investigations have revealed the complicity of the Navy in disappearances. Last year, families of the disappeared in Mannar published a book with the stories of their loved ones. There have also been been protests on significant days, such as on International Human Rights day and the International Day of the Victims of Enforced Disappearances.

To me, in a way, the yearlong protests in five places symbolises the hard and long struggles waged by vast majority of families of disappeared.

There is also an ethnic factor in the protests and campaigns. A large number of Sinhalese have also disappeared, mostly in the late 1980s. Their families, through movements such as the Mothers Front and supported by domestic and international rights activists and politicians that included former President Mahinda Rajapakse and present Minister Mangala Samaraweera, campaigned heavily for truth and justice in the 1990s, which was a factor in toppling the repressive UNP government of that time. But in recent years, Sinhalese families have not been campaigning so visibly, with a few exceptions like Sandya Ekneligoda and Mauri Jayasena, whose husbands had disappeared in 2010 and 2013 respectively.

Support for the protests

The last few years, especially in 2017, have also seen many protests in Sri Lanka. The most visible had been a series of sustained protests by students against the privatisation of health & education. There was also a several month-long overnight protest in Colombo against the exploitative manpower system by workers. Communities negatively affected by development projects, such as in Jaffna, Bandarawela and Colombo have also been protesting, while there were also protests against caste-based oppression by communities in Jaffna and campaigns demanding justice and freedom for political prisoners, which included a fast by 3 prisoners.  Month-long day and night protests were also held in the North, demanding back lands occupied by the military. Some of these protests had achieved their aims, while some ended without clear results.

But along with protests to regain military occupied lands in the North, the protests by families of disappeared are the longest running. The protests by families of disappeared has also been internationalised and seem to be protests that had become most controversial and immensely political, despite the deeply personal nature of the problem. This is probably why there have been very few sympathisers and even less number of people who want to actively support the protests.

Although some Northern Tamil politicians and political commentators appear to be ignoring the protests and not recognising their significance, the protests had received significant support and sympathy in the North. Hindu and Christian clergy and institutions, journalists, university students, three wheel taxi drivers and shop owners etc. have extended support, in addition to politicians and activists. However, solidarity and support from rest of the country, especially from Colombo, has been minimal. Despite all the protests being led by women, with the majority of participants also being women, Colombo-based women’s movements both new and old, don’t appear to be actively supporting their sisters at the protests.

A prominent exception has been Sandya Eknaligoda, wife of disappeared journalist Prageeth Eknaligoda, who had been travelling to the North and East to join the protesters regularly. She was also able to mobilise a few other Muslim, Sinhalese and Tamil families of disappeared from around Colombo to join in solidarity.

Considering the unprecedented longevity, widespread nature and intensity of the protests and the desperation of the protesters, there has been minimal media coverage of the protests on mainstream Sinhalese and English media. Other Colombo-centric protests and struggles, such as one against the privatisation of health and education by university students and against the sexual abuse of children in an orphanage in Colombo, received much more mainstream media coverage. I can’t help wondering whether the political controversy about the protests, the ethnic factor and the fact that these were happening in the North and East may have deterred Sinhalese and English media from giving adequate coverage.

Domestic and International dimensions

On the 100th day of the protest in Kilinochchi, the protesters blocked the A9 road for about 5 hours and demanded to meet the President. Since then, the President had met the protesters at least thrice, but he had let them down badly – breaking the promises and also the trust and hope they placed on him. The protesters had also met Ministers and other Government officials. They had also tried to engage with Sinhalese public, with appeals and banners in Sinhalese. But in contrast to this approach of the families, a statement issued in solidarity with the protests by organizations working primarily in the North and East focused their demands on the international community. However, a lack of response, support and sympathy from within Sri Lanka, coupled with a push from some Tamil activists and politicians, appear to have made the families also lean more and more towards foreign diplomats and UN officials to find the answers they are seeking.

The future of the protests

The protests are far from over. And the answers sought by the protesters still seem distant. Their courage and determination has been exceptional, but the cost on protesters has been very heavy. The future of the protests has to be and will be decided by the families. But as the five protests complete one year, I hope they can have the space to assess what has been achieved and plan ahead, perhaps to a transit to a different form of struggle, which may be more sustainable, less costly on themselves and have the potential to bring them closer to the answers they are seeking.  It is also a time for those of us who have been associated or sympathetic towards the protests and the cause, to have self-reflections about roles we have played and could have played, and see how better we can support continuing struggles in the longer term, and mobilise more support.

The struggle for land and reconciliation in Sri Lanka

First published on 19th May 2017 at https://www.ucanews.com/news/the-struggle-for-land-and-reconciliation-in-sri-lanka/79116

The struggle for land and reconciliation in Sri Lanka

Armed forces commandeered land during the civil war and people want all of it back

The struggle for land and reconciliation in Sri Lanka

Sri Lankan special forces take part in a ceremony commemorating the victory over Tamil Tiger rebels in Colombo in this file photo. (Photo by Ishara S. Kodikara/AFP)

Earlier this month, I was at the historical Catholic church in Mullikulam, in Mannar district, in northern Sri Lanka. Mullikulam is a beautiful village, bordering the sea, a river, forest and many small lakes. For more than nine years, the village had been occupied by the navy, displacing the local people.

After years of protests and negotiations, helped by some church leaders, the navy on April 29 agreed to release some parts of the village and villagers were allowed access to the church, school and some farmlands.

“When we left in 2007, there were about 100 houses in good condition and about 50 other mud and thatched houses. From what we can remember, there was also a church, several school buildings, two hospitals, a library, post-office, 10 wells and nine water tanks,” said 88-year-old Francis Vaz.

But now despite the navy agreeing to release some parts of the village they are still not allowed full access to their cultivation lands, small lakes, and the river or to get to the sea through the village. Neither are they allowed access to the traditional cemetery, community buildings and their own houses.

Vaz, who I had got to know during the period of displacement, is among the people unable to go home to his own house. Navy officers were quick to stop us from getting closer to his house or even taking photographs from a distance.

He and the whole village were evicted by the Sri Lankan armed forces in September 2007 who promised to allow them to return in three days. That never happened and the navy occupied their land.

 

Other protests

The civil war ended in 2009 and Sri Lanka elected a new government in January 2015 that committed to returning land taken by the armed forces. They have released some land but much more remains occupied. Of course, there are other land issues not limited to military occupation.

Northern Tamils intensified their protests this year. After months of determined action some land in Pilakudiyiruppu and Puthukudiyiruppu in Mullathivu district were released in March. Another small plot of land occupied by the army was released after renewed protests by the Paravipaanchan community in Killinochchi district around the same time.

These successes have led to others launching indefinite protests, such as in Kepapulavu and Vattuvahal in the Mullaithivu district and Iranaithivu in the Killinochchi district. Some protesters say they will not stop until their lands are returned, keeping overnight vigils and braving cold nights and intense heat.

The army and navy have also occupied land belonging to Muslims. A local Muslim friend pointed out occupied lands in Mannar district in the Northern Province where Mullikulam is also situated. Sinhalese lands have also been occupied by the military, such as in Panama in the Eastern Province.

Since March, Muslim communities in Marichikattu have been protesting against their imminent displacement after the president declared their traditional lands a forest reserve. A banner proclaiming “Evicted by the LTTE (Liberation Tigers of Tamil Eelam, also known as Tamil Tigers) in 1990 and thrown out by the Sri Lankan Government in 2017” indicated their frustration.

In Pannankandi in the Kilinochchi district, Tamil villages have demanded permanent titles to land where they have been living and working since 1990. They were resettled there after they were displaced by war but now they face imminent eviction by the original Tamil owners many of whom live overseas.

The struggle for land is beyond ethnicity and militarization. Establishing new military camps, forest reserves and tourist attractions threatens to dispossess and displace more people. Communities who have been landless all their lives have also started agitating for land ownership.

 

Releasing lands

Even the limited release of lands has come with serious problems. When I visited villages that had just been released after about eight years of army and air force occupation, I saw how the military had looted even toilet fittings, doors and windows just before the hand-over. I also saw buildings that had been razed to the ground.

The government has provided no facilities and there have been no reparations. In Mullikulam, people left behind expensive and important assets like fishing boats and nets which were never returned. As protests and negotiations continue, these will also have to be taken into consideration.

 

The need for support

Land for many rural communities is much more than property with a financial value. It is linked to culture, religious practices and it is part of individual and collective identity. It is critical for their livelihood and important for food security. Several people I have met talked of how they have to buy coconuts, a common ingredient in daily cooking, instead of just plucking them from their own trees.

Alongside protests, negotiations with the military and the government also continue. In the case of Mullikulam, which is 100 percent Catholic and where a significant part of navy-occupied land belongs to the Catholic Church, church leaders have been part of the negotiations and protests. Mass and prayers have also been held at the protest site.

Few priests and nuns, Buddhist monks, activists, politicians, students and media personnel have all supported the people’s struggle but overall, in the Catholic Church and Sri Lankan society, support for has been minimal.

Every time I have been with the protesters, government rhetoric and the theories of some intellectuals seems at a disconnect. Until and unless occupied lands are returned to their historical inhabitants and the landless have access to resources and livelihoods, reconciliation and social justice will be elusive. It is impossible to restore dignity and healing without ensuring the right to land, housing and livelihood.

Spontaneous and scattered local protests have helped regain some lands and raised awareness of these long-standing problems. These could become the basis for a stronger and more coordinated movement, driven and led by affected communities, with support from the country and internationally.

Vaz said something that had a strong impression on me. “We had everything now we’re living in a jungle. How can we live like this? I have faith that we’ll get everything back, at least so our children and grandchildren can see and enjoy the home we grew up in.”

Ruki Fernando is a Sri Lankan human rights activist who was detained under the Prevention of Terrorism Act and is still under investigation with restrictions on free expression. He is a member of the Justice, Peace and Integrity of Creation Commission of the Conference of Major Religious Superiors.

Mullikulam – Renewed struggle to regain Navy occupied village

First published at on http://groundviews.org/2017/04/06/mullikulam-renewed-struggle-to-regain-navy-occupied-village/ 6th April 2017

My father, my father’s father and my father’s grand-father have lived here. Mullikulam has been our home for generations now. Our church was made during my great-grand-father’s time, way before I was even born. There were four streams running through our village. We even had one stream just for bathing. When we couldn’t fish in the sea, we would fish in our streams. We had plenty of everything – paddy, cows, chickens and buffaloes, so we always had enough to eat and drink. We would gather together in the evenings and host drama and dance programmes. Everyone had a good time… We lived peacefully alongside our Muslim neighbours. Whenever there were troubles here during the war, we would go stay with them until it was safe for us to return home. I strongly believe that something good will happen for us this time around. Every day I pray that we will all live together peacefully. At least when I leave this earth I pray that we should all be united,” reminisces 88-year-old village elder from Mullikulam, M. Francis Vaz, who hasn’t been home since 2007.

M. Francis Vaz

On the 8th of September, 2007 the entire village of Mullikulam was unceremoniously evacuated by the Military with the promise of enabling their return within 3 days. Ten years later, these villagers are yet to be allowed to return to their homes and engage in their traditional livelihoods. Since their eviction from Mullikulam in 2007, the Navy North-Western Command Headquarters has been established there, occupying the entirety of their village. A decade-long relentless struggle comprising of multiple protests, petitions[1], discussions and false promises[2], have brought the villagers back to the streets.

Appeal letter signed by 136 villagers from Mullikulam, to former President Rajapaksa in Sept. 2011

Mullikulam villagers forced to set up in jungle – Malankaadu – June 2012 – pictures via NAFSO

They are inspired by the stories of other victims fighting for their rights, and supported by many others, irrespective of religious or ethnic backgrounds.

Village Elder Francis Vaz’s memories of living in peace with Muslims in adjoining Marichikattu, and supporting each other through difficult times has been re-affirmed as the people of Mullikulam chose to start their recent protest on the premises of a very supportive and sympathetic Muslim house, situated at the turn off to their ancestral village, from the main Mannar – Puttalam road.

The spate of continued protests demanding the return of military-occupied land and truth and justice for the disappeared breaking out across the North and East, appears in turn to have breathed new life into the struggle of the people of Mullikulam. Their only wish is to return to their village, illegally occupied by the Military since 2007. Some of the women elders from the village had discussed the ongoing struggle for the return of their lands while in Keppapulavu, at the Matha Kootam (Association of Mother Mary) meeting last month. It was decided that they too must renew their own struggle to return home. They had then told the village men of their decision, and the men too agreed to support them.

Currently there are approximately 120 families temporarily resettled in Malankaadu[3], and 150 families in Kayakuli. About 100 families (including extended family) left for India due to war and displacement, but are waiting to return if their village is returned to them.

We (about 50 villagers from both Malankaadu and Kayakuli), re-commenced our protest for the return of our lands, on Thursday (23 March) morning around 8am. The Navy came outside and asked us ‘why are you protesting here? Why not in front of the District Secretariat (DS) office? We will provide you with buses to go and protest there. You’re protesting against us even though we’ve helped you so much,’” said villagers. “They (the Navy) wouldn’t need to provide us with “help” if they just give us back our lands,” added the villagers.

Pic 1 and 2: Mullikulam villagers living in temporary shelters – Malankaadu, 2013

Displacement from Mullikulam and Aftermath

“When we left in 2007, there were about 100 houses in good condition and about 50 other self-made mud and thatched houses. From what we can remember, there was also our Church, the Co-operative building, three school buildings, a pre-school, two hospital buildings, a library, post-office, Fisherman’s Co-operative Society building, a teachers quarters, an RDS building, six public, and four private wells, and nine tanks,” recall the villagers.

Now, they have no access to the tanks, public spaces and limited access to some of their cultivation land. Only 27 of the 150 houses remain to this day, and are occupied by Navy personnel.[4] Villagers claim that the rest have been destroyed. They access the church via a side road, and claim that the existing short-cut via the reservoir bund, has been blocked off by the Navy. Most elderly people find it difficult to reach the Church at the times they wish to pray, and are now dependent on a Navy bus to take them to and from Sunday Mass. What used to be a 50-100 meter walk, is now 3 and 10 kms each way from the church to Malankaadu and Kayakuli, respectively. The Navy also provides a daily school bus to take children to and from school which teaches only up to Grade 9. Thereafter, children have to go to other nearby schools[5] on their own, or stay at hostels if the schools are too far away.

The Mullikulam people were primarily a farming and fishing community, so their proximity to the sea was essential. They had access to nine Paadu[6] (karavalai in Tamil – a term referring to a type of easement or license) to fish for prawns and other shallow water fish. Now they only have access to 4[7], with the most fertile Paadu being currently under Navy control. When the villagers were evicted from Mullikulam in 2007, they had left behind 64 each of the following; fibre glass boats, out-boat motors, nets and ropes and other fishing gear, 90 Theppams (Catamarans) and 3 drag-nets.

“If you don’t stop your protest, we’ll show you our power in the sea,” the Navy had threatened the villagers on the first day of the protest.

There was a high degree of surveillance [9] and intimidation of protesters and outsiders visiting them by the Navy and Silavathurai Police (including Traffic Police) during the first few days. But during the 2nd week of protests, Navy officers had been less aggressive and the Area Commander and other officers had indicated to the people protesting and Church leaders that they are ready to abide by any decision that the Colombo based Defence establishment would take. However Colombo has been silent for nearly two weeks, despite efforts by Church leaders to reach out.

Legal status of land and response of the DS

The Human Rights Commission of Sri Lanka concluded that the Navy had occupied private land without due process and had recommended that if providing alterative lands, the people’s willingness should be considered and they should not be forced to settle elsewhere.[10]

The Divisional Secretary and his representative had visited the people on 23rd March, and told them that they won’t achieve much by protesting. They had asked the villagers to give them a letter with their demands, promising that they would hand it over to higher authorities for action. A majority of the lands in the village are owned privately by individuals and the Catholic Diocese of Mannar. The rest of the lands are held through permits and grants under the Land Development Ordinance (LDO), State lands and National Housing Development Authority (NHDA) lands.

Breakdown of Title Lands – Mullikulam – HRCSL Land Study Report June, 2011

The DS had also asked them why they were still fighting even after they had received alternate housing. The villagers categorically said that they had continuously fought for the return of their original lands, and had only reluctantly accepted alternate housing in the interim. “We have always maintained that we want to return home,” they said.

“We had everything… now we’re living in a jungle. How can we live like this? I have faith that we’ll get everything back, at least so our children and grand-children can see and enjoy the home we grew up in,” is village elder Francis Vaz’s only plea.


[1] Sky No Roof, Edited by Kusal Perera, Annexes – Letter by villagers of Mullikulam to the President dated 13th September, 2011https://drive.google.com/file/d/0BzO8SAlmDKanZmN0TXRRdjNyR1k/view

[2] WATCHDOG, Sri Lanka Navy vs. the people of Mullikulamhttp://groundviews.org/2013/01/24/sri-lanka-navy-vs-the-people-of-mullikulam/

[3] Ruki Fernando, The struggle to go home in post war Sri Lanka: The story of Mullikulamhttp://groundviews.org/2012/08/01/the-struggle-to-go-home-in-post-war-sri-lanka-the-story-of-mullikulam/

[4] WATCHDOG, Mullikulam: The continuing occupation of a school by the Sri Lankan Navyhttp://groundviews.org/2012/09/11/mullikulam-the-continuing-occupation-of-a-school-by-the-sri-lankan-navy/

[5] Schools in Nanattan, Mannar town, Kondachchi, Silavathurai, Murunkan and Kokkupadayan.

[6] 1 Paadu = 450 meters.

[7] WATCHDOG, Mullikulam: Restrictions on fishing, cultivation, access to the church and school continuehttp://groundviews.org/2013/03/15/mullikulam-restrictions-on-fishing-cultivation-access-to-the-church-and-school-continue/

[8] List of property left behind in 2007 as compiled by 61 villagers from Mullikulam (2012) – https://drive.google.com/open?id=0BzO8SAlmDKanaTZDNFlGSFo3VzA

[9] Heavy surveillance by #Navy Intel & #Police at #Mullikulam protest today. OIC asked us who we were & why we had come – https://twitter.com/Mari_deSilva/status/845184613085462529 & https://twitter.com/Mari_deSilva/status/845187308412272643

[10] Sky No Roof, Edited by Kusal Perera, Private Land Occupied by the Security Forces – Mullikulam, study report by the National Protection and Durable Solutions for Internally Displaced Persons Project of the Human Rights Commission of Sri Lanka, June 2011, Pg. 5 – https://drive.google.com/file/d/0BzO8SAlmDKanZmN0TXRRdjNyR1k/view

[11] Sky No Roof, Edited by Kusal Perera, Private Land Occupied by the Security Forces – Mullikulam, study report by the National Protection and Durable Solutions for Internally Displaced Persons Project of the Human Rights Commission of Sri Lanka, June 2011, Pgs. 2&3 – https://drive.google.com/file/d/0BzO8SAlmDKanZmN0TXRRdjNyR1k/view

Military Occupation: documenting civilian protests and the struggle of the newly resettled

First published at http://groundviews.org/2017/03/16/military-occupation-documenting-civilian-protests-and-the-struggle-of-the-newly-resettled/ on 16th March 2017

Editor’s Note: Since early February, Ruki Fernando and Marisa de Silva have been joining protests against land occupation by the military (security forces) in the North.

This is an immersive photo story written by them, compiled using Microsoft Sway. Click here to access it directly, or scroll below.

https://sway.com/s/PYeLhcgFAhWbpcTH/embed

Sellamma returns home after Army occupation

First published at http://groundviews.org/2017/03/14/sellamma-returns-home-after-army-occupation/ on 14th March 2017

We first met 83 year old grandmother Sellamma when she was part of a protest fast outside the Puthukudiyiruppu Divisional Secretariat. At that time, her land and house across the road had been occupied by the Army for eight years. She was protesting along with her neighbours, mostly women, whose lands and houses had also been occupied by the Army. Even after a meeting with the Prime Minister in the early stages of the protest, they had vowed not to give up their protest, until their houses and lands were handed back to them.

After a month’s protest, Sellamma and some of her neighbours, were successful in forcing the Sri Lankan government and its’ Armed forces to return some parts of their village back to them. It was joyful occasion to meet Sellamma, her son, relatives and neighbours back on their own lands and houses last week.

But rather than talk about their victory in making the Army relent, Sellamma talked to us about the pitiful state in which they found their houses and the land, upon their return. She personally took us around to show us all the damage done.

“They (the army), must have been angry with us because we were protesting and asking for our homes back, so they destroyed our houses. We heard them (the army) breaking things whilst we protested across the road. I don’t know why they would do this to us? When we stepped into our home for the first time since 2008, there was shattered beer bottles and other glass pieces covering the entire floor. Our houses were stripped of its doors, some windows, kitchen sinks, the glass from our cabinets, and electrical fittings. Some window grills and glass were broken or removed all together, and entire roofing sheets had been removed from my son’s house. The toilet mirror has been taken, and the toilet is also not in working order anymore. They (the army) have cut our coconut trees and built summer huts in our garden. A few houses in our neighborhood have been razed to the ground. When we were brought back after the war to see our houses in 2014, these houses were all intact.” Sellamma told us.

“This was our ancestral house where my seven siblings and I grew up with our parents. The army has bulldozed our main house and kitchen to the ground post-2011, when we were last brought here to see our homes. We had a separate kitchen because there were so many of us to feed. I don’t understand why they would do this? The Army had built an outdoor kitchen complex in our garden, with a pipe leading straight from the kitchen to the well. The waste water from the kitchen has also gone back along the pipeline to our well and contaminated it. Our well is also now infested with insects and snakes, so we have covered it up, as the smell too is unbearable and the water is unusable,” said another returnee, of her recently released home in Puthukudiruppu.

“Our house used to be over there,” said an old amma (mother) pointing across to what now resembled a field. “They (the army) have mined so much sand there, that the land has become all marsh land now. It’s covered in overgrown grass and water, s0 that we can’t even access it anymore. Our house too has been destroyed,” she said sadly.

While Sellamma’s struggle and victory is inspiring, the sad reality she has had to return to, would have serious implications on the reconciliation process.

Firstly, why must elderly women like Sellamma resort to fasts and protests for the government to fulfill basic commitments it has made to the people and the UNHRC, such as releasing military occupied land?

Secondly, why did the Army destroy and loot these houses and properties prior to returning them to their rightful owners?

Thirdly, why is there zero government support for recent returnees, now returning home after eight years of displacement due to military occupation?

Fourthly, when can returnees expect compensation/reparation for the use of lands and houses by the Army, loss of income generation due to the occupation, destruction of property and trees, and losses as a result of looting by the Army?

Lastly, all the land releases so far, have been partial releases. In Puthukudiyiruppu, only about 7 acres of lands out of 19 been handed over, after a month long protest fast. Villagers told us that the Army had committed to release another 10 acres in 3 months time, and another one acre after 6 months. But will these promises be kept?

Sellamma’s struggle is one of many struggles against military occupation of lands in the North that gained prominence last month. Sustained, indefinite protests had led to release of lands in Pilakudiyiruppu and Paravipaanchan, which were released a few days prior to the Puthukudiyiruppu land release. When we visited these villages, we saw the trail of destruction left by the occupiers – the Air Force and the Army. We were told that there was no support at all from the government towards resettlement. We experienced and heard of continued intimidation and surveillance by the Air Force in these areas. At the same time, protests demanding the return of military occupied lands continue in areas such as Keppapulavu.

Celebrating Sellamma’s and others’ victories, as a result of sustained fasts and protests is still difficult, in the backdrop of returnees struggling to cope with military destruction of their homes, receiving no support from the government, including basic shelter and livelihood support, and continued protests of others displaced to regain their land still under military occupation.