Transitional Justice

“We vehemently refuse to be deceived again”: Protests by families of disappeared, continuing abductions and empty promises

First published on 30th August 2017, at http://groundviews.org/2017/08/30/we-vehemently-refuse-to-be-deceived-again-protests-by-families-of-disappeared-continuing-abductions-and-empty-promises/

Above was the last line in a press release issued on 17th August, by Association for Relatives for Enforced Disappeared in Kilinochchi district, at a press conference in Colombo. It came in context of 6 month long protests by Tamil families of disappeared in the North and East, and empty promises by President Sirisena and much talk about a new Office of Missing Persons.

Today, 30th August, the International Day of the Victims of Enforced Disappearances[i]. The above could be a good start to reflect about preventing disappearances and searching for truth, justice and reparations for disappearances that has happened in Sri Lanka. Three trends come to my mind.

Reports of continuing abductions / disappearances and threats to those campaigning

Earlier this month, an activist based in the North was reported to have gone missing[ii]. Last month, there were reports of an attempted abduction of a student activist in Colombo[iii]. Earlier this year, a trade union leader was abducted in Colombo and released after being warned to “mind his own business”. The latter two had happened at the height of protests by students and workers. Based on sworn statements of survivors, the International Truth and Justice Project has reported 21 persons having been abducted / illegally detained and subjected to torture or sexual violence in 2016 and 3 in 2017[iv]. I couldn’t find information about the fate of the first person, but the others have been released, some after warnings and some after paying money. Two weeks ago, the wife of a disappeared man reported having being slapped and warned of “severe consequences” if she didn’t give up the (6 month long) protest she had been part of[v]. And in March 2017, soldiers were reported to have photographed, followed and threatened Northern journalists who were on an assignment to cover a protest by families of disappeared. The soldiers had insisted that the journalists needed to get soldier’s permission[vi]. All of the above, except the trade unionist and student activist, were Tamils.

Lack of answers after six months of protests and meetings with the government

Tamil families of disappeared, largely women, have been engaged in continuous and indefinite protests in five locations in the North and East, for about 6 months. One of their primary demands is that President Sirisena keep a promise he made to them to “release lists of persons who surrendered to the Armed forces in the final phase of the war”[vii] on 12th June 2017. Sinhalese family members of disappeared, like Mauri Jayasena from Anuradhapura also continued their unceasing campaigns to find truth and justice for their disappeared husbands. But despite multiple engagement and dialogues with the government, there have been no answers to them.

Empty promises of institutions and laws

The above trends appear to be largely ignored by the government, and those sympathetic and supportive to it. Instead, they there is optimistic talk about the OMP and a draft bill criminalizing disappearances. Almost as if disappearances in Sri Lanka could be addressed only through these, while ignoring continuing abductions, threats to campaigners, long protests and empty promises.

These three trends indicates a serious disconnect in addressing disappearances in Sri Lanka. But it doesn’t have to be so. The protesting families and many of their supporters are also expecting the law criminalizing disappearances to be enacted sooner than later[viii]. And they are supporting a victim centric, effective, independent OMP to be set up soon and have repeatedly made practical contributions towards this[ix]. They have been engaging with numerous Ministers, Government officials, at the protest sites and also by coming to Colombo. Several families leading the protests and some of their supporters had also served in the Zonal Task Force of the Consultation Task Force on Reconciliation mechanisms, a government initiative.

But how could families of disappeared have faith in promised institutions and laws when reports of abductions continue to emerge and there are reprisals against campaigners, and when there is no indication of firm, fast and transparent action against those responsible? Other key factors to bridge the disconnect will be if President can keep the promises he made, and if there is more sensitivity and support towards mothers, wives, fathers who have been at roadside protests in the North and East from rest of the country.

Evolution of the protests

The protests started with families of disappeared persons in Vavuniya staging a fast unto death in January this year, demanding information about their family members who had disappeared. Their leader, Jeyavanitha, a Tamil mother, clutches a 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 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 was marred by controversy, as the government had invited some Tamil National Alliance (TNA) MPs, which the families didn’t want. TNA MPs had eventually left, but based on what the State Minister for Defense had told him, 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. More than 6 months after, the meeting had not yielded anything. But in meantime, the families had waited for two weeks and recommenced their protests, which has now exceeded 6 months in it’s second phase.

The Vavuniya protests appeared to have triggered series of protests by other Tamil families of disappeared, with protests starting in Maruthankerny, Mullaithivu and Killinochchi in the North and Trincomalee in the East. Most at the vigil were women. They had to battle cold nights at the beginning and then the heat, dust and rain. While participating in these protests on behalf of disappeared children, women had to send other children to school and worried about safety of teenaged girls at home. Some went to work and came to the protest site in the night. During my visits to them from January to August, I sensed dejection, desperation and waning of spirit and physical strength. But families have disappeared have held on till now.

On 30th May, after 100 days of protesting, the families in Kilinochchi, convened a larger protest, with families of disappeared from all major districts in North and others from East and few from Colombo joining them. Police tried to obtain a court order to prevent it, but the Magistrate refused. Protesters rejected meetings with the Prime Minister and yet another “Committee”, but after a 5 hour blockade of the major A9 road to north, during which only ambulances were allowed to pass, they obtained a meeting with the President, which happened on 12th June – in which the President made promises that have not been fulfilled todate.

The protesters had tried to reach out to Sinhalese, through appeals, letters and banners in Sinhalese. Despite their desperate situations, and weariness in repeating their stories and being photographed by strangers I took with me everytime I visited, we were always warmly welcomed and even offered meals. Some expressed disappointment about lack of support from activists from Colombo and other parts of the country, and from Tamils in the North itself. Two weeks ago, the families came to Colombo to reach out to Colombo based media.

A few Hindu Temples, Churches, shop owners, journalists and Tamil diaspora groups had extended support by providing food. The protest in Kilinochchi has been held in the premises of the Kandasamy Temple. University students, auto drivers, shop owners, clergy have also extended symbolic support by visiting and in April, a day of hartal was observed across the North. Few Sinhalese, Muslim and Tamil families of disappeared, including Sandya Ekneligoda, wife of disappeared journalist Prageeth Ekneligoda and an award winning prominent activist, travelled several times from Colombo to extend solidarity and support. 

OMP

The President has been stalling the establishment of the Office of the Missing Persons (OMP), promised in September 2015, and for which legislation was rushed through in August 2016, bypassing promised consultations with families of disappeared and public. Then, after 10 months of silence and apparent loss of interest, an amendment was passed by parliament, removing an article that enabled the OMP to enter into agreements with external parties. Suggestions by families of disappeared were not even considered as amendments. And finally, last month, a gazette notice was issued, assigning the OMP to a ministry held by the president – when the constitution prohibits the President from holding this ministry. The requirement in the OMP Act to gazette a date OMP will come into effect is yet to be fulfilled, and there is no indication when this will be done. If the OMP is established under the present ministry it has been assigned to, it’s legal standing is questionable. And so, nearly 2 years after the promise, there is still no OMP, there is no time line for its establishment, leave alone when it will give answers to families who have been waiting for decades.

The OMP is latest of number of Commissions of Inquiries appointed by successive Sri Lankan governments, to address disappearances. According to the government, more than 65,000 complaints have been received by these Commissions since 1994[x]. Despite promises made nearly two years ago, the government has failed to publish key reports of previous Commissions, such as the Mahanama Tillekeratne and Paranagama Commission, the latter having functioned under both the previous and present government.

The government has made legislative provisions have been made to issue Certificates of Absence, but it’s not clear what procedures have been put in place to actually issue these.  Earlier this month, I met government officials across the Killinochchi district who told me they had not heard anything about this.

The government ratified the International Convention against Enforced Disappearances, but without accepting article 31 that will allow families of disappeared and other Sri Lankans to complain to the UN Committee monitoring the implementation of the convention.  The government has also promised to criminalize enforced disappearances,  but that too has not happened for nearly two years. A draft bill was expected to have been debated in parliament, but was postponed indefinitely. And at the same time, the government has failed to repeal the Prevention of Terrorism Act, and counter terrorism laws are being drafted without any public consultations, containing draconian provisions that can serve as license for enforced disappearances.

Economic justice

Despite widespread poverty amongst families of disappeared, there are no systematic initiatives to ensure economic justice for families. For many families, poverty is linked to the disappearance of the main breadwinner of the family. The right of the families to reparations has been relegated to an Office for Reparations, an entity that is likely to take even longer than the OMP to be established. There has been no response from the government to appeals for interim relief. But, even amongst supporters of families of disappeared, and amongst families themselves, there appears to be reluctance to talk about this important aspect. This is probably due to fear that it may undermine demands for truth and criminal justice, including through offers of minimalistic, temporary and unsustainable financial and material assistance. “We want our children, not chicken or certificates” thus became a slogan at protests and during hearings of Commissions of Inquiries. Administrative measures such as certificates of justice, interim relief measures or sustainable livelihoods, must be seen as a right by itself that compliments and not substitutes rights to truth and criminal justice. Protests, court cases, international campaigns etc. are likely to be more stronger, sustainable and independent if families of disappeared, especially mothers and wives, have stable livelihoods and are able to feed, educate, house, provide healthcare for one’s children who are still with them.

Moving forward

It’s important for the OMP to be operational as soon as possible, firmly rooted within constitutional provisions, with no ambiguity about its legal standing. At least at this stage, the recommendations of the families of disappeared should be taken seriously, including having families of disappeared and individuals of integrity and competence, who have confidence of many families of disappeared, women, ethnic and religious minorities in leadership positions. Independent international involvement is a must. And the government should criminalize enforced disappearances, upholding the spirit and letter of the International Convention, before the OMP begins its operations.

But the OMP should not be the only focus. The families of disappeared await response of the President to promises he made to release lists of detainees, surrendees and detention centres and publishing of Commission of Inquiry reports that many of them gave testimony to. In context of broken promises in the past, they don’t have much faith in the President’s promises. Hence, they have decided to continue the protests while awaiting a response. But there appears to be little support for these 6 month long protests and urgent demands of the families from the mainstream media and most activists in North & East, Colombo and rest of the country.

This is also a time for families of disappeared to assess their long struggles, recognize some achievements and plan next steps and phases of what is likely to be an even long and continuing struggle. This could include thinking of effective, long term and sustainable alternative strategies to present form of continuous protests. It would be important to think about strengthening alliances in Colombo and across Sri Lanka as well as internationally – with families of disappeared across the country and beyond, and potential allies such as activists, artists, academics, clergy, trade unions and mainstream Sinhalese and English media. The disastrous memorandum emanating from protest in Vavuniya in June, literary saying “we only believe in USA, only USA can help us, USA come and save us”, could serve as a wakeup call for all Sri Lankans. To be conscious of various political influences  on the protests, but not to dismiss what’s fundamentally a struggle by desperate families to find their loved ones who had disappeared. And 30th August can also be a day to reflect why our elderly mothers, fathers, sisters and brothers, had to resort to such desperate and drastic calls, undertaking roadside protests for more than 6 months to find disappeared family members.


[i] http://www.un.org/en/events/disappearancesday/

[ii] https://twitter.com/garikaalan/status/900005138412191744

[iii] http://www.hirunews.lk/166456/two-ministers-accuse-police-for-their-attempt-to-abduct-convener-medical-faculty-student-activists

[iv] http://www.itjpsl.com/assets/ITJP_unstopped_report_final.pdf (page 8, section 1 – B)

[v] http://www.jdslanka.org/index.php/news-features/human-rights/702-tamil-woman-activist-campaigning-for-disappeared-threatened-with-death

[vi] http://www.tamilguardian.com/content/tamil-journalists-threatened-sri-lankan-soldiers

[vii] https://english.dgi.gov.lk/news/latest-news/1265-president-meets-family-members-of-missing-persons

[viii] https://www.slguardian.org/2017/07/sri-lanka-womens-call/

[ix] Press Release by Association for Relatives of the Disappeared, 17th August 2017

[x] http://www.mfa.gov.lk/index.php/en/media/media-releases/6502-cabinet-certificates-of-absence

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World Refugees Day and refugees from and to Sri Lanka

First published on 21st June 2017, at http://groundviews.org/2017/06/21/world-refugees-day-and-refugees-from-and-to-sri-lanka/

20th June is World Refugee Day. United Nations High Commissioner for Refugees (UNHCR) estimates that 65.6 million people have been forcibly displaced globally. I have heard that close to one million Sri Lankans have fled the country to escape violence, war and persecution. I had met few of them in different countries and been struck by their differences in their experiences, challenges, fears and aspirations.

It was alarming to hear that some had fled the country since 2015, including this year. Acording to the International Truth and Justice Project – Sri Lanka (ITJP)[1], they have taken testimonies from 57 Sri Lankan Tamils who had sought asylum in European countries after having faced abduction, illegal detention, torture and/or sexual violence at the hands of intelligence and security officers under the Sirisena government in 2015-2017. There have been many more who had sought asylum during previous governments.

Early this year, in Thailand, I met a Sri Lankan family who had been recognized as refugees by UNHCR. They were barely surviving, with no possibility to be employed legally, struggling to pay for a room to stay in, find food to eat and unable to send children to school. But they were still scared to return home. In 2016, a Tamil journalist / human rights activist who had decided to return to Sri Lanka after going into exile, was detained at the airport and questioned about his activism for more than 24 hours, before being produced before a magistrate and released on bail. His family members were subjected to questioning afterwards.

I also know a few Sinhalese and Tamil journalists and activists who had sought refuge abroad under Rajapakse regime, but had returned to Sri Lanka since 2015. Some had come permanently and some have been visiting regularly. Some had given up benefits of refugee status and possibility to obtain citizenship in a European country which had offered them refugee status. They had not faced any harassments at the airport or afterwards.

Despite rhetoric of inviting those who went into exile to return, the new Sri Lankan government has done very little to guarantee security and assist those who had requested for assistance to return home after being recognized by UNHCR as refugees. In 2015, it literarily took an earthquake for the government to take action to ensure the return of two Sri Lankans from Nepal, who had been granted refugee status by UNHCR.[2]  For around a year, the Sri Lankan government had not assisted two other activists also in Nepal who have been recognized as refugees by UNHCR, and had made repeated requests for the government to intervene to bring them home.

Returning Refugees from India

A significant number of Sri Lankans, mostly Tamils from North and East, had fled to India during decades of war, living as refugees. More than 11,000 are estimated to have returned to Sri Lanka. Despite some limited support from the Sri Lankan government, those who want to return face multiple challenges and the majority of refugees remain in camps in India, uncertain of their future. Like some of those mentioned above, they also fear intrusive visits and questioning from Sri Lankan authorities.

A major challenge they face is lack of legal documents, such as birth, marriage, and death certificates and the National Identity Cards (NIC). The lack of supportive documents[3] of parents has been a major hurdle for children to obtain consular birth certificates and subsequently Sri Lankan citizenship. Many returnees face difficulties in obtaining their citizenship, including heavy penalties and complex documentation requirements. A waiver of penalties is available only to those who possess a return letter from UNHCR, but not to those who return spontaneously of their own accord. Difficulties in obtaining consular documents increase the risk of refugees falling into the category of stateless persons. The inability of refugees born in camps to obtain citizenship (through the Sri Lankan consular process) before return causes delays in their ability to obtain other documents in Sri Lanka after return, such as the NIC, passports, and driving licences. This results in further delays in returnees claiming rights and reintegration benefits, including social welfare schemes, opening bank accounts, finding employment, and enrolling in educational institutions.

Many returnees have ended up being homeless and landless. Some of the refugee’s lands and houses have been occupied by others and refugees have been compelled to live with friends and relatives, in welfare centres or spend their meagre resources on rent. Loss of land documents, land disputes over boundaries and the inability to locate and demarcate land have also been challenges. Some returnees who are able to recover their land are unable to use it for resettlement due to the land being overgrown by jungle growth and wild animals. There are no governmental programmes to provide temporary or transitional shelter.

Deprivation of agricultural land, inability to get fishing licences, and requirement of compulsory guarantors for loans makes it difficult to restart livelihoods. They also face difficulties in finding employment opportunities in both the private and public sector, with limited support schemes available. There are no special employment schemes.

Non-recognition of educational qualifications, including high school / secondary school, degrees and diplomas, obtained overseas while living as refugees, has posed challenges for pursuing higher education and career opportunities. Obtaining equivalent certificates (to recognise certificates from foreign institutions) places an additional financial and procedural burden on returning refugees who are already struggling with very limited resources.[4]

Refugees and Asylum seekers coming to Si Lanka

Sri Lanka is not a signatory to the 1951 Refugee Convention and its 1967 Protocol. There are no national procedures for the granting of refugee status. Refugees who come to Sri Lanka are left to the care and protection of UNHCR, which, in agreement with the Government of Sri Lanka, registers asylum seekers and carries out refugee status determination.

About 75% of asylum seekers and refugees in Sri Lanka are from Pakistan and about 15% from Afghanistan. Visa restrictions for these nationals to enter Sri Lanka remain in place and some asylum seekers are turned away at the airport and sent back to the conditions they sought to flee, without an opportunity to present their case or right of appeal, violating the customary law principle of non-refoulement. As of end of 2016, there were 604 refugees who had been recognized as refugees by UNHCR and 576 whose applications were pending at UNHCR in Sri Lanka. In addition to Pakistanis and Afghans, others were from countries such as Bangladesh, Iran, Maldives, Myanmar, Palestine, Somalia, Sudan, Syria, Tunisia, Ukraine and Yemen. Asylum seekers and refugees live in fear of random and unannounced intrusion into their lives by the police and immigration authorities, and the threat of deportation.

UNHCR provides those recognized as refugees with an allowance of about Rs. 10,000 per person or Rs. 22,000 for family with two or more children, which is not enough to cover even accommodation and food and live in dignity in Sri Lanka. Asylum seekers don’t get any allowance and are left to fend for themselves. Few religious groups (Muslim and Christian) and NGOs have been supporting them with education, accommodation, food, healthcare etc. But these have been very minimal, often adhoc and only few have benefited.

The Sri Lankan government doesn’t ensure rights of housing, food, education, healthcare or legal employment to asylum seekers and refugees. No permanent or even transitional shelter is provided by the government. Due to hostility, mistrust, and negative stereotyping from the local community, and threats from police and immigration officers, landlords have been reluctant to rent houses and are known to take advantage of their vulnerable situation and charge unreasonable rental rates and advance payments.

They are not included in government programs for food and nutrition security or social security programs such as Samurdhi, even though this could be done fairly easily and at little extra cost. The treatment and services available to asylum seekers and refugees at public hospitals and clinics is often lacking in terms of care and compassion. In some cases, the provision of treatment is at the discretion of authorities and asylum seekers and refugees who seek medical care are made to feel like they are seeking a privilege, rather than exercising a basic right. Despite having had to flee after experiencing and witnessing atrocities, violence and discrimination, anxieties about family and friends they had left behind and finding themselves in unfamiliar and unwelcoming environment, there is no psychiatric and psychosocial care made available to asylum seekers and refugees.

Although Sri Lankan constitution guarantees “assurance to all persons of the right to universal and equal access to education at all levels”, this is not extended to refugee and asylum children. As of March 2017, there were 106 children of primary school age, of whom 46 were asylum-seekers and 60 are refugees. The refugee children between 6 – 10 years have access to schooling through UNHCR’s support, but a further 167 children of secondary school age, of whom 71 are asylum-seekers and 96 are refugees, do not have any access to formal schooling. Asylum seekers and refugees are also not absorbed into the many government technical education and vocational training systems, which has the potential to help them to learn and develop vocational skills that they could utilise in seeking employment and living independently in their countries of resettlement.

Long way to go

After the end of the war in 2009 and change of government in 2015, some Sri Lankan refugees try to return back, amidst security concerns and minimal assistance from the government. At the same time, other Sri Lankans continue to flee from persecution. And Sri Lanka is failing to provide humane care to asylum seekers coming from other countries, in line with international standards.  Our government and as people, we still have a long way to go towards being a compassionate society where it’s citizens don’t have to flee from persecution and fear and welcome those fleeing from persecution in their countries and coming to us for care and refuge.

[1] http://www.itjpsl.com/

[2] https://samsn.ifj.org/sri-lanka-the-long-road-home-for-the-exiled/

[3] Such as birth certificates of parents, marriage certificates, grandparents’ birth certificates, parents’ consular birth certificates

[4] The expenses include travelling to and from Colombo and the fees for conversions, such as Rs 35,000 for National Apprentice and Industrial Training certificates and Rs 2,500 for university degrees.

In support of religious minorities, rule of law and Lakshan Dias

First published on 18th June 2017, at http://groundviews.org/2017/06/18/in-support-of-religious-minorities-rule-of-law-and-lakshan-dias/

Religious minorities in Sri Lanka – particularly Muslims and Evangelical Christians – faced serious persecution under the Rajapakse Government, which has continued even under the Sirisena-Ranil Government. The Catholic Archbishop of Colombo, who has been hostile towards Evangelical Christians (a numerical minority amongst Christians), now appears to be assisting this Government’s approach of denying the actual problem and attacking those who are attempting to highlight the gravity of the problem. The latest victim is well known human rights lawyer and my good friend, Lakshan Dias.

Given the latest statements from the President and the Minister of Justice, and the general lack of focus on violations of religious rights of Evangelical Christians, I will focus on violence directed towards them (Evangelical Christian) in this article. Some of the systematic violence directed towards the Muslim community has been already well documented.[1]

On 27 May 2017, the National Christian Evangelical Alliance of Sri Lanka (NCEASL) issued a press release, expressing concern about increasing attacks on religious minorities in Sri Lanka.[2] They cited over 20 incidents of violence and intimidation against Christian places of worship across the country in 2017 and over 190 incidents of religious violence against churches, clergy and Christians since 2015. Many of these incidents have been documented on the NCEASL website.[3] The NCEASL press release also highlighted the “alarming increase in the number of incidents led against Muslims”.

On 31 May 2017, the Chairperson of the Human Rights Commission of Sri Lanka wrote to the President, drawing his attention to the “spate of attacks on places of Christian religious worship in the recent past” and expressing grave concern about acts of violence and aggression targeting the Muslim community.[4] The Commission requested the President to “give urgent directions to Ministry of Law and Order and the Inspector General of Police to take all necessary action against the instigators and perpetrators of violence and hate speech targeting the Muslim community as well as other religious minorities.” This clearly doesn’t seem to have happened.

Lakshan’s brave expose and reprisals from President and Minister

On 14 June 2017, during a the TV talk show titled “Aluth Parlimenthuwa (new parliament)”, Lakshan highlighted that Muslim and Christian places of worship are under attack and that 195 attacks against Christians have been reported since 8 January 2015.[5] Lakshan has been a determined and long standing campaigner and advocate on the rights of religious minorities. He often travels far to rural areas, interacts with victimized communities, publicizes their plight, and appears in courts across the country on numerous cases, during this Government and under the previous Government. Although he was referring to the NCEASL report, he is personally aware of many such incidents.

His comments on the TV talk show, especially his candid assertion that Buddhist Monks are behind some of these attacks, drew immediate and angry reactions from a hostile anchor and two other panelists. And within days, it also drew negative reactions from President Sirisena and Minister of Justice and Buddhasasana, Wijeyadasa Rajapakshe, both of whom were quoted on primetime news of government TV station, ITN on 17 June 2017.[6] President Sirisena said that he had called the Catholic Archbishop of Colombo, Cardinal Malcolm Ranjith, and asked from him about attacks on Catholics/Christians (although Lakshan never mentioned attacks on Catholics in the TV talk show). According to President Sirisena, the Cardinal had said that there had been no such attacks. Minister Wijeyadasa misquotes Lakshan as having said 166 attacks against Christians in recent days of this year (what Lakshan actually said is that there have been 195 attacks between 8th January 2015 till todate[7]). The Minister then goes on to say that the Cardinal had claimed no such incidents have happened in Sri Lanka.

Complicity of the Cardinal

The Cardinal on his part has accepted that he doesn’t know that Churches have been attacked to this extent and claims he doesn’t know where this data comes from.[8] This is despite NCEASL incident reports being available publicly for many years, their 27th May 2017 press release and the open letter from the Human Rights Commission etc. The Cardinal’s claim that he is not aware of such large numbers of attacks against Evangelical Christians is difficult to believe, and is likely to be an attempt to sweep these incidents under the carpet, or justify them, given his hostility towards Evangelical Christians. If he is actually ignorant, that shows an extraordinary degree of insensitivity to the rights of religious minorities in Sri Lanka and towards a minority group amongst Christians. His hostility towards some non Catholic Christians is apparent as he refers to them as “fundamentalist Christian groups”. He acknowledges that these Christians may have faced persecution, and that he doesn’t know whether such persecution has been in context of them (fundamentalist Christian groups) building “things like new churches” or trying to “recruit members in areas they had no members”. Cardinal appears to have conveniently forgotten that that for centuries, in Sri Lanka and beyond, thousands of Catholics have been recruited from areas there were never Catholics and that “things like churches” have been built across Sri Lanka by Catholics, including in areas where there had never been Catholics historically.

The President and the Minister appear to be ignorant of the fact that there are many Christian churches in Sri Lanka, and that the Cardinal is only one of the leaders of one of these Churches, the Catholic Church. It’s noteworthy that the Cardinal himself acknowledges that he is only in charge of Catholics in the Western Province (Colombo Archdiocese).[9] There 11 other Catholic dioceses in Sri Lanka led by different Bishops in the other 8 provinces in the country, and there are many other non-Catholic, vibrant Christian communities across the country. Given his limited mandate even within the Catholic Church, his open hostility towards other Christians and his stated ignorance, Cardinal is indeed a very poor choice to consult on matters affecting Christians in Sri Lanka. Indeed, while recognizing Christians as being a numerical religious minority in Sri Lanka, we also need to recognize Evangelicals Christians as a marginalized numerical minority within the Christian community in Sri Lanka, persecuted also by some Catholics, who are the majority Christian community in Sri Lanka.

It appears that both the President and the Minister had not made any effort to contact the NCEASL, even though Lakshan had cited the NCEASL as the institution which had documented the 195 attacks. If the President and the Minister had looked at the NCEASL press statement and incident reports on their website over the years, they would have got a wealth of information about attacks on Evangelical Christians under their watch as well as under the Rajapakse Government. Furthermore, the comments by the President and Minister make no mention of whether they made inquiries with other institutions – such as the Human Rights Commission and the Police – about complaints made to them.

State and Police complicity and refusal to act

An examination of documented incident reports by the NCEASL[10] indicates a range of incidents such as arson, demolition of churches, damage to property, physical assault of clergy and church members causing serious injury, death threats, intimidation, discrimination, forced displacement, and forced closure of churches. Amongst the perpetrators are Buddhist Monks, State officials and Police officers. Police officers have been known to compel Protestant Christian pastors to discontinue religious worship activities.[11] A Police officer, a Hindu religious leader and other community members had also denied burial rites to an Evangelical Christian in a public cemetery.[12]

A common theme in incidents is the seeming reluctance of the Police to act against suspects infringing on the rights of religious minorities. This reluctance appears to be due to influence and pressure exerted by local Buddhist monks, government officials, and politicians. For example, there has been much said and written about the arrest warrants and non-arrest of errant Buddhist Monk, Gnanasara Thero of the BBS, so I will not comment further on it.

Although Sri Lankan law does not require the registration of religious places of worship for any religious body, a circular in October 2008 issued by the Ministry of Buddha Sasana and Religious Affairs demanded that all “new constructions” of places of worship should obtain approval from the said Ministry. This has not been withdrawn by the current Government. Since the introduction of the circular, Christian Evangelical churches have faced routine harassment, including forced closures by local government authorities who claim such places of worship as not ‘recognized’ or ‘registered’ with the government. Refusal of ‘recognition’ by the state has deprived thousands of Christians of their right to practice their religion. THE NCEASL incident reports indicate that after this Government came into power, more than 50 incidents involving local government and law enforcement officials involved the use of the October 2008 circular to infringe on the rights of Evangelical Christians. The October 2008 circular appears to be used to target the numerically smaller Christian churches in Sri Lanka and not the Catholic and other numerically larger and politically influential churches.[13]

Threat to remove Lakshan from legal profession

Perhaps the most outrageous parts of this drama is the public threat by the Minister of Justice and Buddhasasana to take legal action to remove Lakshan from the legal profession, unless Lakshan apologizes for his comments within 24 hours.[14] Given that a Minister has no role to play in a process of the dismissal of a lawyer, this is clearly a political threat from the Minister.

I am amongst the many victims of injustice on whose behalf Lakshan has advocated in and out of courts. It is left to be seen if some of the many Christians and others Lakshan has defended, campaigned, and advocated for, will stand by Lakshan. And whether and to what extent the Bar Association in Sri Lanka, religious groups, media organizations and others concerned will respond to this threat, which appears to be a threat not just to Lakshan, but to the legal profession as a whole as well as to free expression, religious freedom and the rule of law.

Ruki Fernando is a member of the Justice, Peace & Integrity of Creation Commission of the (Catholic) Conference of Major Religious Superiors (JPIC-CMRS) and the Ecumenical group, Christian Solidarity Movement (CSM).

[1] http://groundviews.org/2017/05/22/escalating-violence-renewed-assaults-on-the-muslim-community/

[2] http://mailchi.mp/0f02c4911569/press-release-increase-in-attacks-on-religious-minorities-in-sri-lanka-1208153

[3] http://nceasl.org/category/incident-reports/

[4] http://hrcsl.lk/english/wp-content/uploads/2017/06/Letter-to-H.E.-re-Religious-Intolerance-E.pdf

[5] http://www.derana.lk/Aluth-Parlimenthuwa-TV-Derana&vid=18325&page=1 (1.16.17 – 1.16.50)

[6] https://www.youtube.com/watch?v=aMHziODI3yQ&feature=youtu.be (5.47 – 7.33)

[7] http://www.derana.lk/Aluth-Parlimenthuwa-TV-Derana&vid=18325&page=1 (1.16.17 – 1.16.50)

[8] https://www.youtube.com/watch?v=0s3hdvEKe4s&feature=youtu.be (1.33-2.07)

[9] https://www.youtube.com/watch?v=0s3hdvEKe4s&feature=youtu.be (2.23-2.33)

[10] http://nceasl.org/category/incident-reports/

[11] http://nceasl.org/pastor-demanded-to-discontinue-religious-activities/

[12] http://nceasl.org/burial-rites-denied-pastor-harassed-at-christian-funeral-2/

[13] The majority of Christians in Sri Lanka are Catholics. The Catholic Bishops are generally recognized as their leaders and have access to powerful politicians. Catholics and Christians in the Churches who are members of the National Christian Council (NCC) are also generally recognized by the government as legitimate and “de-facto” Christians / Churches. But Christians belonging to numerically smaller Churches, many of whom are members of the National Christian Evangelical Alliance of Sri Lanka, are often not recognized by the government and not given opportunities in representative bodies and consultations, even though several of these churches are legal bodies incorporated by acts of parliament.

[14] https://www.youtube.com/watch?v=aMHziODI3yQ&feature=youtu.be (6.37 – 6.57)

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.

Sellamma & her struggle to reclaim her house and land in Puthukudiyiruppu

First published at http://groundviews.org/2017/02/20/sellamma-her-struggle-to-reclaim-her-house-and-land-in-puthukudiyiruppu/ on 20th February 2017

Sellamma is 83 years old. She has a house in Puthukudiyiruppu (PTK) East, Ward no. 7, in the Mullaitivu district in the Northern Province. It’s opposite the PTK Divisional Secretariat (DS). But for more than two weeks, she has been braving the hot sun and cold nights on the street, opposite her house. Because her house and land is occupied by the Army. In fading light of evening, and beyond an Army watchtower, she showed me her house. I was tempted to take a photo of her house, as I had her – the owner’s – permission. But I restrained myself to avoid potential trouble.

Sellamma’s son and son in law were killed by the Army during a massacre in 1985. They were amongst the 24 killed that day by the Army. Her husband died in 2014. She wanted to keep his body and have the funeral in their own house and land. But she couldn’t as the Army was occupying her land. She had tried to douse herself in kerosene oil and burn herself in protest, but others had stopped her.

Sellamma is feeble now. She has one wish before her death. “I want to live and die in my own house and land”, she told me. “I had a lot of coconut trees in the garden. But now, the Army plucks them and I have to buy coconuts. And the Army lives in my house and I have to pay a rent of Rs. 8,000 now” she also told me.

Magaret Karunannathan is 68. She says there were 42 coconut trees in her land. In the same village as Sellamma. Her husband was also killed by the Army in the 1985 massacre.

Both of them, and the whole village, and district, was displaced in 2009. They suffered a lot. Later, they were detained in Menik Farm. They were eventually released, but never allowed to return to their own homes and lands. While they were displaced and detained, the Army had occupied the lands of 49 families spanning 19 acres. Till today. I was told some of the villagers have legal documentation such as deeds, permits and grants.

The villagers had protested several times before, demanding their lands and houses from the Army. They started another protest on 3rd Feb. 2017. This time, they were determined not to give up the protest till they were actually allowed to go back to their lands. They cook by the roadside, sit there during the day and sleep there during the night. And stare at their houses and lands across the road.

They were suspicious of me when we went, and asked whether I was also from the Army.  Later they became more friendly. They were tired of talking to visitors and repeating their story. But they still told it.

On 9th Feb., some of them had travelled all the way to Colombo and met the Prime Minister (PM). Despite the Army occupying their lands and killing some of their family members, the people had suggested to the PM to let the Army stay in adjoining state land. According to them, the PM had spoken to the Government Agent (GA) for the Mullaitivu district and promised to attend to the matter after a trip to Australia. The PM had asked them stop the protest. People had told him that they will stop the protest when they were allowed to go back to their lands. The PM had apparently no answer to that, and told them they can continue their protest, but requested them not to cause any obstructions. I wondered whether the PM can tell the Army not to not to obstruct people from going back to their own houses and lands.

Into the 3rd week of protesting and 10 days after meeting the PM, there has been no positive response from authorities. So the people have escalated their protest to a fast, taking turns to fast. They are not asking any favors. They are only asking a wrong to be put right. To be allowed to go back to their own lands and houses.

Their struggle is just one of many struggles of displaced people to go home. Since the new government came into power, some of the lands occupied by the military have been released. But tens of thousands of displaced Sri Lankans await the military to move out of their lands and allow them to go home. From nearby Kepapulavu to Mullikulam to Ashrafnagar to Panama to Jaffna. And more. The list is long. They have been protesting, appealing to authorities, filing court cases. And still waiting.

For Sellamma and all these peoples, reconciliation is about being allowed to go back to their houses and land. Whether and when they get their lands back will be a major factor in Sri Lanka’s reconciliation and transitional justice processes. Government and others say these processes takes time. But for Sellamma, time is running out. She would like to go back to her house and land before her death.

Draconian law cripples Sri Lanka’s reconciliation hopes

“The country’s leadership needs to act on commitment to repeal Prevention of Terrorism Act”

First published at http://www.ucanews.com/news/draconian-law-cripples-sri-lankas-reconciliation-hopes/78188 on 3rd Feb. 2017

In March 2014, my colleague, Father Praveen and I were arrested and detained under the Prevention of Terrorism Act by the Terrorist Investigation Department, under Sri Lanka’s authoritarian government of former president Mahinda Rajapakse.

Three months ago, under the new government whose slogan has been good governance and rule of law, I was briefly detained and interrogated at the airport while traveling to the United Kingdom for meetings related to human rights. More than two years after the new government came to power, the investigation against me and Father Praveen continues and we are still terrorist suspects.

Court orders restricting our freedom of expression, obtained in March 2014 by the state are still in place. Our electronic equipment, confiscated at that same time, has still not been returned. The investigation led to me being publicly discredited as a terrorist supporter. My parents and I will find it difficult to ever recover.

We were arrested while looking into the arrest of a large number of Tamils in north Sri Lanka, including Balendran Jeyakumary, the mother of a disappeared child, who had been a vocal campaigner against forced disappearances. Although Jeyakumary was conditionally released two months after President Maithripala Sirisena took office in January 2015, she was re-arrested a few months later and detained for about a week.

She was again summoned for intense interrogation in August 2016. She still must report to the police every month and must go to court regularly. She also faces social isolation, struggles to find work and has been compelled to keep her young daughter in a hostel. The arrest ruined her and her daughter’s life.

 

Continuing use of the Prevention of Terrorism Act 

The United National Party and the Sri Lanka Freedom Party, the two parties that have ruled Sri Lanka since independence, have used the act to suppress dissent for decades.

In 2008, during the last phase of the war, the act was used to arrest, detain and convict Tamil journalist, J.S. Tissainayagam. In 2009, it was used to detain Christian activist, Santha Fernando. After the war, in 2013, it was again used to arrest and detain opposition Muslim politician, Azath Salley. These are a few better-known examples.

A coalition of the two main parties formed a government in 2015 and continued to use the terrorism act to arrest and detain people, mostly Tamils, albeit on less intense scale.

Some were abducted and later found to be detained. No one has been held accountable for these abductions, bringing into question whether the directives on arrest and detention by President Sirisena in June 2016 have had any impact.

The arrest and detention of Jeyakumary, Tissainayagam, Santha, Salley, as well as Father Praveen and I received national and international media coverage and we had the support of committed lawyers and activists as well as the diplomatic community.

I believe we were released, after periods ranging from few days to two years, due to that support. But people who didn’t get such attention, continue to languish in jail without charge. When they are charged, trials can take years.

In 2015, two Tamil mothers were acquitted after being detained for a total of 22 years. There has been no acknowledgement of their suffering, no apology and no compensation.

I have been told by detainees and lawyers that charges were framed and convictions obtained based on confessions made under duress, as the terrorism act allows such evidence to be admitted for trial. Most detainees I have met have been tortured. They have been scarred for life, mentally and physically.

 

Replacing the act but retaining its draconian features

Recently, I saw a leaked version of a draft policy and legal framework for the Counter Terrorism Act, that will replace the previous act. Like its predecessor, it contains many draconian clauses. It has vague and broad definitions that could infringe on free expression and activism and grants excessive powers to the police to detain people for long periods without judicial supervision.

The spirit and purpose of the old and new acts are similar: giving extreme powers to the executive, military and police in the name of preventing and countering terrorism, and disregarding life, liberty and dignity.

The previous act served as a license for enforced disappearances, arbitrary detention and torture. It removed lifesaving protections when they were most needed: within the first few hours and days of a person being arrested.

The new Counter Terrorism Act seeks to extend this license with a new label and face. No official information has been made available to Sri Lankan citizens about the replacement act either.

 

Sri Lanka’s international obligations and waning international interest

Numerous U.N. treaty bodies have pointed out the terrorism act’s incompatibility with Sri Lanka’s international obligations, most recently the Committee against Torture in December 2016.

For several years, the U.N. High Commissioner for Human Rights raised similar concerns. But at the same time, some U.N. officials appeared to be willing to ignore these concerns or place excessive confidence and faith in the Sri Lankan government. In a report released earlier this month, the European Commission said that Sri Lanka must ensure its counter-terrorism legislation is in line with international human rights conventions. But it still granted trade privileges to Sri Lanka assuming the “government has started a legislative process to replace the Prevention of Terrorism Act and is making good progress in releasing persons detained under it.”

This appears optimistic at best. While some detainees were released in 2015-2016, there have been many new arrests. Cases continue at a snail’s pace and even those released continue to be harassed.  The terrorism act reform process is shrouded in secrecy, with the government appearing to consult the European Commission, U.N. and a few experts of their choice, instead of being transparent with the victims, their families and the Sri Lankan people.

 

Way forward

Repealing the Prevention of Terrorism Act and getting justice for detainees is a crucial element in forging reconciliation. How can we victims and our families talk of reconciliation if we are still being detained, investigated and face continuing restrictions?

How can we talk of reconciliation if there is no acknowledgement, no apology and no reparations? How can we believe guarantees of non-reoccurrence when the new government did not repeal the act for two years, when secret processes are underway to bring in similar laws, and persons continue to be abducted?

As a victim of the terrorism laws, what I think needs to be done is to ensure justice to all past and present detainees, repeal the legislation and, instead of focusing on equally draconian new anti-terror laws, focus on strengthening legal and institutional frameworks to combat crime and terrorism, while ensuring due process and protections.

The coming months could be crucial. The Council of Europe and the European Parliament must insist on the repeal of the terrorism act before enhanced trade status is granted. At the March session of the U.N. Human Rights Council, its member states and the U.N. High Commissioner for Human Rights must insist that the government fulfills its October 2015 commitment to repeal the Prevention of Terrorism Act in line with international standards. Both the U.N. and E.U. must stand for justice for terrorism detainees.

But what’s most needed is for the Sri Lankan people to recognize the injustices that have been done to their fellow citizens, brothers and sisters and express outrage about laws that infringe on their safety, freedom and dignity.

The president and prime minister must be transparent about efforts to bring in similar laws. Catholics and church leaders, the majority of whom have been silent, should be part of this, insisting that unjust laws are against the faith and that to justify them or be silent is a sin.

Can the Office of Missing Persons make a difference?

First published at http://www.ucanews.com/news/can-the-office-of-missing-persons-make-a-difference/77471 on 2nd November 2016

Ruki Fernando, Colombo
Sri Lanka November 2, 2016

Sri Lanka has a legacy of disappearances. According to the government, 65,000 complaints have been received since 1994.

The country also has a legacy of government failure to uphold the rights of victims’ families to truth, justice and reparations.

Sri Lankan society also has a legacy of apathy in the face of mass disappearances — in the past and even now.

Since the end of the civil war in 2009, families of the disappeared have become symbols of resistance and courage — the front line in the pursuit of truth and justice.

The international attention they have attracted has ensured that the present Sri Lankan government has given some priority to addressing disappearances. In August, parliament passed a law to establish the Office of Missing Persons.

The move followed a visit by the United Nations’ Working Group on Enforced and Involuntary Disappearances in November last year, 16 years after their last visit. The government also ratified the International Convention for the Protection of All Persons from Enforced Disappearances in May.

However, the government has stopped short of allowing Sri Lankans to lodge complaints directly with the committee monitoring the implementation of the convention. The criminalization of enforced disappearances, an obligation after ratifying the convention, has not happened.

The government had committed to nation-wide consultations on transitional justice mechanisms such as the Office of Missing Persons. But instead of consulting the people, the government relied on a secret process to come up with a draft bill to establish the office.

In May, the Foreign Ministry held a hastily convened briefing for a few activists. At the insistence of the activists, a further briefing was held with some families of the disappeared. Four days later the draft bill was approved by the cabinet and subsequently passed by parliament with some amendments, but without a substantial debate on the bill.

The Office of Missing Persons Act has some positive features. There are no time limits or geographical restrictions on claims, anonymity is guaranteed for witnesses and there are powers to summon people, obtain documents and issue search warrants and court orders. The Office of Missing Persons can also have branch offices.

But there are limitations. There is little place for victims’ families to participate in the Office of Missing Persons processes. Furthermore, the Act does not give the office the authority to prosecute. One of its clauses states that the office’s findings cannot lead to civil or criminal liability. There is also no requirement for the Office of Missing Persons to work in tandem with prosecutorial bodies.

Despite widespread poverty, there are no initiatives to ensure economic justice for families or offers of interim financial and material relief. The right of the families to reparations has been relegated to an Office for Reparations, a totally separate entity that is likely to take longer to establish.

Progress in the courts has been slow and unpromising. While there were regular hearings at the Magistrate Courts for disappeared Sinhalese journalist Prageeth Ekneligoda, there have been no indictments against any of the suspects arrested.

This month, the president expressed displeasure about military personnel being detained and his wife had complained of threatening calls. There appears to be no progress for many other cases, including well-known cases of Tamils such as journalist Ramachandran Subramanium, Catholic priests Father Jim Brown and Father Francis Joseph, and human rights activist Stephen Suntharaj.

Catholic priests have been amongst the disappeared, yet, by and large, church leaders and the Catholic community has not been an active supporter of the families of the disappeared. There have been some notable exceptions but these individuals have faced arrest, threats, intimidation and been branded “traitors.”

In the months leading up to the establishment of the Office of Missing Persons, several cases of abductions were reported, with at least 10 between March and June this year. At least two of those who disappeared have not returned, despite complaints to the police and Human Rights Commission. Some have been reported to have been found in police or remand custody and others dumped by the roadside after being abducted.

The Office of Missing Persons, like other transitional justice mechanisms, came out for the Sri Lankan government’s commitments to the U.N. Human Rights Council in Geneva in September 2015. It appears these were more about placating the international community than addressing the grievances of families of the disappeared.

However, there is still hope the Office of Missing Persons can make a difference.

For this to happen the office must appoint individuals of integrity and competence. These appointments should include family members of the disappeared. They should encompass women, ethnic and religious minorities. Independent international involvement is a must. The government should criminalize enforced disappearances before the Office of Missing Persons begins its operations.

But in the end, the success of the Office of Missing Persons will depend on Sri Lankans. The families of victims and activists, including Catholics, will have to critically engage with the Office of Missing Persons in order to ensure it delivers on what it promises.

Ruki Fernando is a human rights activist and consultant to the Justice, Peace and Integrity of Creation Commission of the Conference of Major Religious Superiors in Sri Lanka. He is also a member of the Asia-Pacific chaplaincy team of the International Movement of Catholic Students.