Vavuniya

No Peace in Rest

First published at http://groundviews.org/2018/10/19/no-peace-in-rest/ on 19th October 2018

The Sri Lankan State’s erasure of the complex history and experiences of the war manifest in varying ways across the country; military monuments that showcase a single victory narrative, the construction of Buddhist statues in Tamil-majority areas and the blatantly incorrect signboards at several of these locations. Then, there is the desecration of the Liberation Tigers of Tamil Eelam’s (LTTE) ‘maaveerar thuyilum illam’, which loosely translates to ‘great heroes’ resting places’.

Here lie bodies of LTTE cadres killed in combat. In the several cases where bodies could not be recovered, memorial headstones are erected. The people who remember them in their original state are quick to say that they were graveyards as much as they were gardens, or even temples, meticulously designed and maintained by the LTTE and their families. Now, some of them are cement fragments piled in the centre of a vast field, while others now form the foundation of a few of the many army camps that cover the peninsula.

On November 27, the thuyilum illams across the Northern and Eastern provinces would become the sites of community mourning and celebration of ‘Maaveerar Naal’, the LTTE’s ‘Great Heroes Day’ celebration. Held on the anniversary of the death of Shankar, considered to be the first ‘maaveerar’, a symbolic lamp is lit and the LTTE flag raised at 6.05pm, allegedly his precise time of death. It was the day Velupillai Prabhakaran, leader of the LTTE, would make his annual speech. These observances are said to provide the community with the feeling that by sacrificing their lives, the dead cadres would grasp eternity.

Commemorations are no longer carried out at the scale they were during the conflict, however they remain problematic due to the explicit promotion of the flag and symbols of a proscribed organisation. There are also questions around the heroic remembrance of those who, by giving their lives to their cause, orchestrated the death of civilians. This is so in the case of the Black Tigers, who dedicated themselves to specialised suicide missions at specific targets, many of which were civilian spaces. Survivors and families of victims of the LTTE’s atrocities, including Tamils, question why the cadres should be remembered and celebrated as heroes in public collectively, in events that often have a political dimension. However, those interviewed in this piece say the former cadres’ families only want the right to remember and grieve.

Conflating Remembrance Day With Maaveerar Naal

Efforts in 2017 to remember those who perished in Mullivaikkal in May 2009 were restricted, because the police thought that those being mourned were LTTE cadres. The two are distinctly separate; Mullivaikkal commemorations in May are regarded as remembrance of all those who perished in the war, but a larger focus is on civilians. Similarly, journalists have written that it is ‘a grave blunder to assume that the ‘Maaveerar Naal’ of the LTTE is a day of national mourning for the Tamils of Sri Lanka.’

Though many in the North and East had family members who joined the LTTE and many Tamils are sympathetic towards the LTTE even today, not all Tamils have connections to the LTTE. There are those who have suffered under the LTTE; surviving assassination attempts, forcibly recruited, recruited as children, shot at when attempting to flee LTTE-controlled areas in May 2009, and more. These survivors, as well as families of Tamils who fell victim to LTTE’s violence, do not regard the LTTE as their representatives or as heroes.

There is also controversy as to why the JVP, who also took up arms against the state, and engaged in abuses against civilians, are allowed to mourn their dead publicly in heroes remembrances (viru samaruma) when the thuyilum illams have been destroyed by successive governments. It is interesting too to note that the JVP and the LTTE were described differently during the JVP insurgencies – the English and Sinhala media often referring to the former as ‘subversives’ and the latter as terrorists.

The destruction

The army would destroy the thuyilum illams in its path as it gained ground during the war, reducing the headstones and graves to rubble and in a few instances, we were told had even dug bodies out of the ground.

The State’s efforts to clamp down on post-war memorialisation meant that families of the fallen cadres had no opportunity to mark Maaveerar Naal. But there were also restorations and reconstructions as the LTTE gained access to and varying degrees of control of areas the Army had earlier captured. For example, in Kopay, in the Jaffna district the thuyilum illamwas destroyed once the Army gained control of the area in 1995. But after the ceasefire of 2002, the LTTE regained access, rebuilt and memorials began again. They even had placed a plaque at the entrance, with remnants of the destruction. As the ceasefire collapsed, the Army again destroyed it and built a camp over it, which still stands. Around 2012, some Tamils in the North and East defied government’s crackdowns and organized remembrance events, but these were not held in thuyilum illam sites. In 2012, when Maaveerar Naal fell on the same day as Karthiaai Vilakeeduu, the Hindu festival of lights, residents lighting lamps at the University of Jaffna came under attack from the security forces.

From 2016, families and communities, supported by some Tamil politicians, clergy and diaspora, started to publicly but mutedly markMaaveerar Naal. Some did this by arranging remaining fragments of headstones, clearing the overgrown fields, and restoring some order to what had been destroyed. Surveillance and the presence of intelligence personnel was recorded in many locations, and some thereby resorted to a single lamp lit near where the resting place used to be.

The Right to Remember and Mourn

The right of all communities, and families, to remember their dead who were lost in combat is laid out in international humanitarian law. Government-appointed bodies such as the LLRC and the Office on Missing Persons have also made recommendations on remembrance and memorialisation in general while the Consultation Task Force on Reconciliation mechanisms (CTF) has explicit reference to remembrance of dead LTTE cadres. One submission, quoted in the report, said ‘20 LTTE graveyards from across the North and East of Sri Lanka, comprising thousands of graves and commemorative plaques for LTTE fighters were bulldozed after the war’ and acknowledged that “the destruction of LTTE cemeteries, the grief it had caused and the need to preserve the sanctity of the dead’ was raised frequently during its hearings. The CTF then recommended the restoration of burial plots to family members and the removal of all buildings subsequently erected on them. The CTF also made a general recommendation noting that the ‘sanctity of all sites, where those who perished or disappeared in armed conflicts are buried, interred or symbolically remembered is respected.’

possible reason for the destruction of the thuyilum illams could be that the military who carried out these acts were motivated by a wish to ‘deny the defeated LTTE any focal points for resurgence’ . These actions, however, only serve to deepen divide between the ‘conquering’ and the ‘conquered’, hindering possibilities of understanding and reconciliation between groups.

As Sri Lanka nears ten years since the end of the conflict, many of the initiatives intended to address wartime abuses and post-war issues are yet to come to fruition. The families of the disappeared still wait for answers, and some have been engaged in protests for around 600 days at the time of writing. Land release is slow, and militarisation in the North and East remains an ever-present issue. These issues are compounded by the denial of their right to mourn their loved ones. The desecration of the thuyilam illam, in this light, acts not as a deterrent but as a ‘focal point for enhanced embitterment towards the government’.

Note: For a map of 14 locations, photos, description of each site with history, statistics, quotes from local people including family members of Maarveerar, see the full story at https://cpasl.atavist.com/nopeaceinrest

DISAPPEARANCES IN SRI LANKA: 500 DAYS OF PROTESTS

First published in the Sunday Observer of 29th July 2018 http://www.sundayobserver.lk/2018/07/29/opinion/disappearances-sri-lanka-500-days-protests

Earlier this month female activists in the North and the East were subject to assault and other intimidation, which allegedly appears to be in relation to their work on disappearances, in courts and at the UN.

The Office of Missing Persons consultation meetings in Jaffna and Kilinochchi also met with fierce resistance by some families of the disappeared. July also saw the first significant solidarity protest in Colombo to mark 500 days of roadside protests by families of the disappeared in the North and the East.

Two weeks ago, I went to Jaffna Hospital to visit an activist I have known for many years. Her head was bandaged, left eye and cheek swollen and bruised. She had been attacked with an iron rod close to the Vaddukottai Police Station in the Jaffna district. The activist had been assisting families of the disappeared and lawyers in habeas corpus cases in Jaffna courts. According to documents filed in court and based on the magisterial inquiry, the military is allegedly implicated in the disappearances.

These disappearances had happened in 1996, when Jaffna was under Army control, under the Presidency of Chandrika Kumaratunga, who is now Chairperson of the Office for National Unity and Reconciliation (ONUR). The activist was attacked three days after the last hearing of the case.

She had been warned by an unidentified person not to get involved in the case. Others involved in the case have also been subject to intimidation in the past few months.

Two days before, I had met a Tamil activist from the East, whose husband had been a victim of an enforced disappearance. Having had no response from Sri Lankan authorities, she had for the first time, gone to Geneva to seek help from the UN Human Rights Council.

There, an event she was speaking at was disrupted by group of persons she suspects to be linked to the military. After the disruption, she fainted while at the head-table, had to receive immediate medical treatment and was later hospitalised.

Her trauma continued when she returned. She told me that as she was looking for her baggage in the airport, she was questioned by some officials at the airport. After reaching home, she alleged that she was interrogated by people suspected to be from the Criminal Investigation Department (CID) about meetings she had at the UN in Geneva.

A few days later, an iron rod was thrown at her, when she was on a bicycle with her son in her hometown.

The brutal attack on the Jaffna disappearance activist happened while the Office of Missing Persons (OMP) was holding consultations in the town. The next day, OMP held a similar meeting in Kilinochchi. From the Jaffna hospital, I went to the OMP meeting in Kilinochchi, arriving earlier than the scheduled 9.30 a.m. I found the small access road crowded with protesters, mostly Tamil mothers and wives of those disappeared. Some of them had been protesting for more than 500 days continually, had met the Sri Lankan President several times, and complained to various state institutions and Commissions of Inquiries.

Frustrated and fed up, they had no faith in new institutions. They politely and patiently explained this to the equally polite and patient Chairman of the OMP, who had come out to the street to talk to them. The protest leaders agreed with OMP Chair’s appeal not to obstruct families who wanted to attend the OMP meeting, but insisted on their right to communicate their message to families going for the meeting. I observed that some such attempts bordered on physical obstruction, though the road and gate was cleared for anyone to go to the OMP building.

Some families who were keen to go to the OMP meeting, argued with protesters, with one elderly lady telling a protest leader “you deal with your son’s disappearance the way you want, I will deal with disappearance of my son the way I want”.

While I share the frustrations of protesting families, I hope their leaders will find more respectful ways of engaging with families of disappeared who want to engage with the OMP.

In the end, only about 10 families attended the meeting with OMP. During the meeting, one family of the disappeared asked the OMP to deliver justice instead of having meeting-after-meeting. Another shared the belief that a 15 year old child taken away by the LTTE was still alive and another stressed the importance of livelihood assistance. The question of those who had disappeared after surrendering to the Army was also raised.

500 days of day and night protests

From the Kilinochchi OMP meeting, I went to Vavuniya, to spend some time with families of the disappeared who have been protesting day and night at a roadside tent for more than 500 days. They shared difficulties of sustaining such a long protest. Anger and disappointment with the Government, Tamil politicians, media, activists and society in general was visible. I again felt weakening health conditions and resolve of some protesters and a few days after my visit, I heard about the death of the eighth protestor who had died during the 500 days. It was also sad to see escalating tensions between protesting families with activists, politicians and even non-protesting families of the disappeared, inevitable given their hostile, inhospitable, frustrating and traumatic experiences.

Although the families must finally decide about how to protest, it would be insensitive to encourage continued protests in the context of authorities, media and society at large that are not sympathetic to their plight. Elderly and physically and emotionally frail mothers and fathers who are protesting are vulnerable to harsh conditions. I had always hoped protesters will consider forms of continuing protests less harmful to themselves, so, I was relieved to hear last week that some of the protesters had decided to change strategy.

Challenges facing families and the OMP

In my conversations with families of disappeared, food, education, healthcare, housing and livelihoods have emerged as major challenges to families of the disappeared – and especially to those protesting for 500 days. Once, when I arrived at a protest site late morning, the protesters had not had any breakfast. Families at one protest site told me that they get five lunch packets from a local trader and share them.

The latest attacks on Tamil women disappearance activists in North and East comes after the vicious hate campaign including death threats against the brave and determined Sandya Ekneligoda, a Sinhalese from a Colombo suburb and wife of a disappeared journalist. Such attacks may deter activism and increase anger, frustration and suspicion against the judiciary or institutions such as the OMP, and radicalise families and others.

Families of the disappeared confront the OMP with the legacy of broken promises by successive Governments and the failures of past Commissions to provide redress. To their mind, there is no compelling reason to trust that the OMP will deliver. Families who have been deceived and dismissed repeatedly even by the current ruling administration will not be convinced by technical answers about how the OMP is different to other mechanisms.

Discussions between protestors and the OMP Chair and Members in Kilinochchi and their memo to the Office indicate they were open to engage conditionally with the mechanism and should be taken seriously. After five months of operation, the OMP does not appear to have started tracing the disappeared and missing. The challenge for the OMP is to deliver on actions and in months, rather than years.

Solidarity

This note would not be complete without mention of the 30-hour overnight protest vigil in Colombo to show support and solidarity towards the 500 days continuing protests by Tamil families of the disappeared in the North and the East. It was a first such solidarity action in Colombo and a personal initiative of a small group of committed young activists. It was heartening to have few Sinhalese and Muslim families of the disappeared from around Colombo such as Sandya Ekneligoda, Mauri Jayasena and Sithi join us. Some people walking by and the occasional trishaw and motorcycle stopped and asked for details. Both drivers of the two trishaws I got in chatted with me about it. Others in vehicles, including Army officers, opened their windows and accepted our information leaflet.

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

(The writer is a human rights activist)