Abduction

Sri Lanka’s Stalled Reforms

First published at https://intpolicydigest.org/2018/09/12/sri-lanka-s-stalled-reforms/ on 12th September 2018

Ruki Fernando is a human rights activist based in Colombo, Sri Lanka. This interview has been edited lightly.

Three years on, what’s your broad take on the coalition government’s performance? Where does the reform agenda currently stand?

Some reforms have happened since 2015 to varying degrees, but many of the promised reforms have come to a standstill and seem unlikely to happen by next year.

The release of some lands occupied by the military after months of protests, the release and indictments of some political prisoners, more space for free expression and assembly compared to years under the previous regime, arrests of some Navy and Army personnel in relation to a couple of disappearance cases, convictions of Police and Army personnel (for torture, killing of civilians and rape), are also some positive things seen since 2015. The passing of the 19th amendment to the constitution reducing the powers of the executive president and strengthening independent institutions and checks and balances, the ratification of the International Convention Against Enforced Disappearances and making this a crime in Sri Lanka, the passing of the Right to Information Act were some progressive legislative changes – while the proactiveness and independence displayed by the leadership of the Human Rights Commission and the Right to Information Commission were also positive features.

But the reluctance of the government and lack of leadership by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe to carry forward the reform agenda overshadows these gains. Much of the land occupied by the military during and after the war still remains in their hands. Releases were often due to long drawn out overnight protests and direct action by affected communities. The possibilities of reconciliation through land releases was negatively affected by the arrogance and viciousness of the military – who after benefitting from decades of occupation, called the return of lands “gifts,” organized ceremonies for themselves where military leaders were glorified and had destroyed and damaged some properties just before handing them over.

Political prisoners acquitted by courts after up to 15 years in detention have received no apology or reparations and many still languish in prison, including based on confessions made during detention, which are likely to have been under duress. The Prevention of Terrorism Act (PTA) has not been withdrawn despite the commitment to do so three years ago. Alternatives to the PTA were drafted in utmost secrecy from the citizenry and leaked versions contained draconian provisions. Abduction, assaults, death threats, intimidation, discrediting and surveillance of activists continues. An attempt to bring in a draconian amendment to the Voluntary Social Services Organizations Act was only withdrawn in the face of stiff opposition from civil activists and organizations. Violence against Muslims and Christians continued, including on a mass scale, such as in March this year around Kandy. Debt has reached life-threatening proportions.

Three years after ambitious promises to set up institutions to deal with wartime abuses, only one, the Office on Missing Persons (OMP) has been set up, and that too is limping forward. A draft bill was rushed through the cabinet to establish an Office for Reparations. There is not even draft legislation for the two other institutions promised – a truth commission and judicial mechanism with a special counsel. The president, prime minister and other politicians have backtracked on the promise to include foreign judges, prosecutors, defense lawyers and investigators in the judicial mechanism. 

More specifically, what do you expect to happen in terms of constitution-building?

There has been some progress, with some public consultations, six subcommittee reports and a steering committee report from the Constitutional Assembly, consisting of all the parliamentarians. However, there is a lot of uncertainty about whether a new constitution will see the light of day. Even if it does, there are serious concerns about whether it will bring substantial changes – such as the inclusion of economic, social and cultural rights as justiciable rights, doing away with ancient laws that facilitate the applicability of discriminatory laws against women and children, providing the foremost place to the majority religion and a lesser place to other religions, abolition of the executive presidency and power-sharing arrangements, which is also crucial for resolving the ethnic conflict that led to war.

How effective will the Office on Missing Persons be?

The OMP has been functioning for just over six months, but it’s too early to tell how effective it will be. OMP members tried make up for a lack of consultations before it was set up, by having a series of consultations about how it should function. It has stronger enabling legislation than previous Commissions of Inquiry and the chairperson and members have shown sensitivities in acknowledging the frustration, disappointment and anger of many families of the disappeared and missing who have approached multiple commissions, police, courts, et cetera and not received the answers they are seeking. But other than passionate appeals to give the OMP a chance and stating that they will try to do better than previous government initiatives, and publishing an interim report, I have seen nothing to indicate the OMP will be more effective than the large number of previous Commissions of Inquiry. The inclusion of a senior retired Army officer as a member of the OMP, in a context where many families believe their relatives were taken away by the Army (and where Army personnel have been convicted by courts and both Army and Navy personnel have been arrested on suspicion in relation to disappearances), has also contributed to making many families of the disappeared lose confidence in the OMP and be skeptical. It is this anger, suspicion and frustration that have led to protests against the OMP by some families of disappeared, leading to even the unacceptable situation of them blocking other families of the disappeared from engaging with the OMP. 

The first major specific public promise made by the OMP was to release an interim report on the 30th of August – the International Day of the Victims of Enforced Disappearances. But instead of fulfilling this promise, the OMP postponed the release of the report – in order to hand over the report first to the president, though they have no legal obligation to do so. Though this may be a strategic decision by the OMP, it has led to concerns that the OMP is prioritizing presidential appeasement and not giving primacy to the families of the disappeared and missing. The report dated the 30th of August was presented to the president on the 5th of September and released to the public on the 6th.

Despite the history of reports and recommendations by previous Commissions of Inquiry, much of which have been ignored by successive governments, the OMP too has opted to prioritize another report with observations and recommendations. This is despite the OMP being legally empowered to provide welfare services, trace the disappeared and inform the families.

The recommendations in the report include amendments to existing laws to strengthen the legal framework in criminalizing and prosecuting enforced disappearances, that state officials including members of the armed forces and police who are named as suspects or accused in relation to abductions and enforced disappearances should be suspended and not transferred, promoted or offered any other office, publishing a list of detention centers and detainees, designating a national day for the disappeared, preserving sites of mass graves as memorial spaces and restoring a monument for Sinhalese youth that disappeared in late 1980s that was destroyed by the previous government.

Disappointingly, the OMP has not called on the government to release a list of those who surrendered to the Army at the end of the war, many of whom disappeared afterwards. The release of this list has been a central demand made to the president and also to the OMP by Tamil families who have been at continuous roadside protests for more than 550 days. The OMP has also opted to call for reform of some provisions of the draconian PTA instead of total repeal, without questioning the need for counterterrorism legislation, which has a history of abuse in Sri Lanka and across the world. 

The report also has some constructive and practical recommendations on “interim relief,” including a monthly cash payment and other facilities related to debt relief, housing, education, employment and livelihood development.

Observations and recommendations in the interim report are significant and important, but unlikely to impress families of the disappeared. What would have made a difference is if the OMP had done in the first six months or will do in the next few months what many families of disappeared have asked them to do and that they have a legal mandate to do: Establish the fate and whereabouts of a few of the disappeared and inform their families. Or at least start providing information relating to the status of investigations, on individual cases, to respective families. The interim report says the OMP started to carry out inquiries with relevant authorities on specific cases. However, even statistical and general information about progress made is not mentioned in the report.

Would you talk about some of the criticisms surrounding the creation of the Office for Reparations?

As is the usual custom of this government, the draft bill had been drafted in secret, without adequate consultations before it was approved by the cabinet. On the draft bill, there are concerns about unnecessary powers being granted to the cabinet and parliament, making the awarding of reparations a long drawn, politicized process and the office not being an independent one with decision-making powers.

What about President Sirisena’s plan to reinstate the death penalty?

This was a shock, as for more than 40 years, through civil war and insurrections, Sri Lanka was one of 29 countries that had maintained a moratorium on the death penalty. Another 106 countries had abolished it fully by 2017, and only 23 countries were known to have carried out executions in 2017. There is no evidence in Sri Lanka, or in other countries, that the death penalty has reduced crime by having a deterrent effect. In Sri Lanka, there are serious deficiencies in the criminal justice system, including a lack of easily accessible, quality legal aid. 

The death penalty is an irreversible form of punishment which grants no space to consider new evidence that may emerge after a conviction is made, for example through new technology, indicating a wrongful conviction. It has been pointed out that in countries such as America, Canada and the United Kingdom, people wrongly convicted have been released from death row decades after they were put there as new evidence has shown they were wrongfully imprisoned.

If some detainees are engaged in drug-related offences from within prison grounds, cited as a reason to reintroduce the death penalty, security in prisons must be strengthened, including by using new technology, without infringing on the rights of detainees. Prison officials responsible for such crimes from within prisons must be held accountable.

What Sri Lanka must do is ratify the 2nd Optional Protocol to the International Covenant on Civil and Political Rights that calls for the abolition of the death penalty and abolish the death penalty from our books, as about 85 countries had done by the end of 2017.

How concerned are you about reports of abduction and torture since Sirisena became president?

Abductions have continued since President Sirisena took office – in the war-affected North, and even in Colombo in 2017, such as the abduction of the trade union leader and attempted abduction of a student activist. However, many abducted appear to have been released, though I’m also aware of those who have disappeared under this government and not been found.

Attacks, threats, intimidation and surveillance of families of the disappeared campaigning for truth and justice have also continued under President Sirisena. Their supporters, including activists and journalists have also been attacked, threatened, obstructed and interrogated. Several such incidents were reported in July this year; I had mentioned two in an article I wrote last month.

The continuation of torture too has been a major concern under the Sirisena presidency.

Will provincial council elections be held this year?

There is no certainty when provincial elections will be held.

What’s your assessment of a possible Gotabaya Rajapaksa presidential campaign? Who do you see as viable candidates for the presidency?

Rajapaksa political forces have always been strong, even in 2015, and appear to be gaining ground in the face of failures by the present coalition government. Despite much hype beforehand, the “Jana Balaya” (People’s Power) rally in Colombo on the 5th didn’t indicate mass public support for Rajapaksa-led political forces and there didn’t even appear to be a clear and strong political message from the rally. Though Gotabaya was seen participating in the rally, he didn’t play a leading role and there is also uncertainty about whether he will be a presidential candidate for the Joint Opposition, representing Rajapaksa political forces. There is also no clear indication whether Sirisena – Wickremesinghe and their allies will contest together or separately, and if together, who might be a “common candidate.” But the rather unexpected emergence of Sirisena as a successful presidential candidate, with a broad alliance of political and civil forces’ support, makes me wonder whether there could be another person who could gain widespread support, across political and civil forces – but I only hope it would be one that will not let us down like Sirisena has done.

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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)

Freedom of Expression on the decline in Sri Lanka

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

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

Free Expression in 2017 – 2018 in the North

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

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

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

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

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

Freedom of Expression outside the North

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

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

Free Expression online

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

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

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

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

Impunity

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

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

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

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

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

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

Conclusion

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

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

366 days – Roadside Protests in Kilinochchi

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

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

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

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

The beginning and evolution of the protests  

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

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

Other forms of struggles and the ethnic factor

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

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

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

Support for the protests

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

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

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

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

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

Domestic and International dimensions

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

The future of the protests

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

Ekneligoda, Sugirtharajan and 24th January

First published at https://groundviews.org/2018/01/24/ekneligoda-sugirtharajan-and-24th-january/ on 24th January 2018

For several years, the Free Media Movement (FMM) of Sri Lanka and free expression advocates have dubbed January as “Black January”. This was in the context of a large number of journalists killed, disappeared, assaulted, as well as attacks on media institutions – all in January.

24th is one such black day in January. The Trincomalee based Tamil journalist Subramaniyam Sugirtharajan was shot dead on 24th January 2006. The Colombo based Sinhalese cartoonist and journalist Prageeth Ekneligoda disappeared on 24th January 2010.

The almost forgotten journalist killing: Subramaniyam Sugirtharajan

Sugirtharajan, popularly known as SSR, was a part-time provincial journalist working for the Tamil language daily Sudar Oli. He was a father of two children. He had been staying a few kilometers from the office of the Eastern Province Governor. A journalist and close friend of SSR, took me to the spot SSR was shot. It was approximately less than 100 meters from the Governor’s office and about 200 meters from his own house. Another journalistic colleague and friend of SSR told me that before the killing, SSR had been feeling insecure and wanted to find a safer house in a different location. A house had been identified, but he was killed before he could actually move. Everyone I spoke to mentioned that the nearest reason for his killing would have been the photos he took of 5 youth murdered on the beach of Trincomalee on 2ndJanuary 2006, popularly known now as the “Trinco 5 case”. Another friend of SSR, also known to me, told me that on the morning of 3rd January 2006, SSR had told him that he wanted to get photos of the five youth killed, whose bodies were at the mortuary. Our mutual friend had dropped SSR, armed with a camera, at the hospital. According to him, the military was not allowing anyone, even the families of the youth, access to the mortuary to see the bodies. But SSR had persisted. And finally, the photos he took were published on “Sudar Oli” newspaper on 4th January 2006. They had shown clear gunshot wounds, thus, disputing the version that the youth had not been shot dead. Reporters sans frontières (RSF) had noted that SSR had also detailed the abuses committed by Tamil paramilitary groups including the EPDP in the Trincomalee region, the day before his murder.

One journalist friend of SSR in Trincomalee spoke to me at length about his association with SSR and aftermath of his killings. He said he had spontaneously rushed to the spot of his killing when he heard the news, but later, was too scared to go to the hospital to see the body or even for the funeral. Two days later, he had got a letter, from group called “Force destroying the Enemy”. The letter had accused him of canvassing for Vanni Tigers, that 3 such persons had been identified, verdict had been delivered and implemented on one person (Sugirtharajan) and that he should count his days, as he was going to be the 2nd.

Disappearance of a journalist: Prageeth Ekneligoda

Like SSR, Prageeth Ekneligoda had also attracted the wrath of persons he had critiqued and exposed through his writings and cartoons. Prageeth also is a father of two boys. Reports by the Criminal Investigation Department (CID) to the Courts indicate that Ekneligoda was abducted from Rajagiriya in the Colombo district by Army Intelligence personnel, and taken to Giritale Army Intelligence camp, where he had been questioned about a book related to family of then President Rajapakse. According to CID investigation reports to courts, the abductors had moved from Akkaraipattu to Giritale from 25th until the 27th afternoon, without proper records of their movements and that of vehicles. Both the CID and State Counsel leading the case on behalf of the Attorney General’s (AG) department, had repeatedly told courts of the Army providing false information, denying possession of evidence, delaying production of evidence and misleading investigations and courts. They had also reported a lack of cooperation and obstructions towards investigations from the Army, and intimidation towards witnesses. A key witness, who had seen and questioned Ekneligoda in the Giritale camp on 25th January 2015, has complained to the Police about a conspiracy to harm his life from the Giritale camp.

Hostile posters had appeared on public places against Ekneligoda’s wife, Sandya Ekneligoda, the central figure in the campaign for truth and justice in Ekneligoda’s disappearance. She has faithfully gone to courts more than hundred times, often alone, despite the hostility of suspects who were from Military Intelligence, that had been arrested and subsequently released on bail. The suspect’s supporters had also been hostile to Sandya, and she was compelled to complain to the Police about intimidation from one of these, Galaboda Ethhe Gnanasara Thero, leader of the Bodu Bala Sena. A separate case is progressing in relation to this, after Sandya had insisted on justice through the judicial process instead of “settling” the matter through a mediation board.

Free expression today

I feel this write-up will not be complete without briefly looking at free expression in Sri Lanka today. I will try doing this through some incidents that made strong impressions on me in 2017. In and around Colombo, the house of a vocal campaigner against a prison massacre was shot at, a human rights lawyer got death threats from an unknown caller, another rights lawyer was threatened by the then Minister of Justice for speaking out against violence against religious minorities and a trade union leader was abducted amidst months long worker’s protest. In the former war ravaged North, a protesting wife of a disappeared man was assaulted, a memorial for war dead was stopped and organizers harassed and subjected to investigations, youth were questioned and threatened by Police for posting photos of a government office and journalists were summoned for questioning, stopped from engaging in investigative journalism and reporting issues such as disappearances and militarization etc. Websites have been blocked arbitrarily. There are many more I can add to the list. Clearly, although no journalist was killed or disappeared in Sri Lanka in 2017, it was still a bad year for free expression and fundamental freedom.

Prospects for justice for Ekneligoda, Sugitharajan and other victims

The courageous, determined and sustained campaign of 8 years by Sandya, significant national and international media attention and investigations by the CID appears to have brought out some truths about the disappearance of Ekneligoda in 2015-2016. But progress appears to have stalled, or even moved backwards last year, primarily due to lack of cooperation from the Army and key suspects being released on bail a few weeks after President publicly questioned their detention. Compared to Ekneligoda, there has been very little national and international interest about Sugirtharajan, murdered four years before Ekneligoda disappeared. Not surprisingly, there is no progress in investigations and no arrests.

It is twelve years since Sugirtharajan was killed. Eight years after Ekneligoda disappeared. And three years since a government that had a mandate of “good governance” came into power, promising accountability for past violations, such as against Sugirtharajan and Ekneligoda. But right now, for both of them, as well as numerous other freedom of expression violations, including in Black January, prospects for truth and justice through prosecutions and convictions appear bleak and a distant dream.

Sri Lankans must push the government to fulfill its undertakings

First published at https://international.la-croix.com/news/sri-lankans-must-push-the-government-to-fulfill-its-undertakings/6374 on 18th Nov. 2017

The people of Sri Lanka should be wary of depending too much on international involvement – like UN experts – in ensuring the upholding of rights, dignity, and well-being of its citizens.

Successive Sri Lankan governments have ratified various international human rights’ treaties, but they are still being found wanting on home turf.

These treaties include provisions against torture, discrimination, extrajudicial killings, enforced disappearances and arbitrary detention. They protect freedom of expression, assembly, association and religion as well as rights to equality before the law, housing, education, and healthcare.

There are also specific measures set out in these treaties covering women, children, migrant workers and people with disabilities.

However, many Sri Lankans are still denied these rights and justice after violations during the war. The government has received more than 65,000 complaints of disappeared persons and there is no clarity about numbers killed – UN has said it could be about 70,000.

The Sri Lankan government has made a series of commitments to all its citizens, focusing on abuses of the 26-year civil war that ended in 2009 with the defeat of the LTTE which fought for a separate state.

This includes prosecution of human rights violations and establishing an effective “Office of Missing Persons” as well as a mechanism to deal with reparations. Lack of progress on these issues led to series of public protests.

There have been a series of visits by United Nations rights’ experts and officials. Superficially, this looks impressive.

However, an actual implementation of their recommendations — as well as fulfillment of commitments the government has made to Sri Lankans — is far from imposing.

And during a recent visit by UN Special Rapporteur Pablo de Greiff, the government took the unprecedented step of stating it is not bound to implement UN expert recommendations.

Anyway, a democratically elected government should not be waiting for UN findings and recommendations in order to ensure the upholding of rights, dignity, and well-being of its citizens.

As I write this, the Sri Lankan parliament is debating proposed constitutional changes following a public consultation process.

People from all walks of life presented their grievances, aspirations, and suggestions, about a wide range of issues, covering historical and structural injustices related to the war and beyond.

However, many recommendations on issues such as power sharing — as well as gender, economic and social rights — appear unlikely to be implemented.

Some leading Buddhist monks and the Bar Association of Sri Lanka, are now questioning even the need for a new constitution. If there is a new constitution, it’s likely to be a political compromise.

But at the minimum, I hope it will include a strong bill of rights and a further devolution of power. And measures to address injustices committed during or arising from the civil war and preventing such occurrences again.

On the ground, despite some positive changes, recurrence of old abuses is part of daily life, especially for Tamils in the war-ravaged north.

For example, restrictions continue on the formal mourning of war dead. The military is still occupying large amounts of public and private lands and intruding into civilian activities.

And although the level of abuses is less than under previous government, even in 2017, there are reports of abductions and torture. There are also fresh arrests under a draconian anti-terror law that the government promised to repeal two years ago, under which I’m still under investigation after nearly 4 years.

De Greiff rightly suggested it was wrong to equate reconciliation and transitional justice only to criminal accountability.

But it is surprising that he did not highlight the government’s backtracking on a commitment it made two years ago to establish a special judicial mechanism.

It envisaged the participation of foreign judges, prosecutors, lawyers, and investigators, in context of a large number of Sri Lankan survivors and victim’s families failed to obtain justice through domestic legal mechanisms.

And it is strange that De Greiff presented the cost of delaying land releases in terms of a disincentive for foreign investors more than as a major problem for ordinary local people. Overall, his comments don’t appear to reflect the desperation, frustration, and anger of victims and their families.

The UN High Commissioner for Human Rights is preparing to present an update on Sri Lanka to the UN Human Rights Council in March next year.

I hope the update will present a realistic assessment and insist on a timetable with clear benchmarks for implementation of commitments the government has already made to its citizens.

I also hope member states of the UN will be wary of heaping premature and disproportionate praise on Sri Lankan government’s empty rhetoric and promises.

International involvement in transitional justice is essential.

However, Sri Lankans should be wary of depending too much on international involvement without pushing our government to fulfill its own undertakings.

“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

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.

UN Chief’s Visit to Sri Lanka Does Little to Address Struggles of Those Awaiting Justice

First published at http://thewire.in/65729/un-secretary-generals-visit-and-tears-of-sri-lankan-survivors/ on 13th September 2016

Ban Ki-Moon acknowledged the “big mistakes” the UN made in relation to Sri Lanka under his leadership, but is yet to lay out a concrete rights-based strategy for the country.

bankimoon_reuters

UN Secretary-General Ban Ki-moon with Sri Lanka’s Foreign Minister Mangala Samaraweera in Colombo. Credit: Reuters

Madushka De Silva disappeared on September 2, 2013 in Anuradhapura – Sri Lanka’s Sinhalese-Buddhist heartland in the North Central Province. The third anniversary of his disappearance coincided with Ban Ki-Moon’s visit to the country. On that day, the UN secretary general was so close, and yet so far from De Silva’s wife, Mauri Inoka.

While Inoka, along with about 12 activists, was confronting a hostile police on the streets of Colombo, who claimed to be concerned about the security of the secretary general, Moon was at the nearby Hilton Hotel with his delegation, politicians, government officials and some of Colombo’s diplomats and civil society activists. The secretary general, or even a member of his delegation, had no time to drop by and spend a few minutes with Inoka, who had submitted a formal complaint about the disappearance of her husband to the UN. When she went to the hotel to attend the secretary general’s “public” lecture, she was turned away, as she was not on the list of “public” who were invited to this “public lecture”.

Beyond the physical distance and barriers, Inoka’s frustrations with the new government appeared to be in stark contrast with the secretary general’s optimism and praise for the new government. Or perhaps, it showed the distance between the diplomatic niceties of the UN and the tears of Inoka and her children along with the tens of thousands like her.

 Attacks on freedom of expression and assembly

Inoka had spent the previous night and day on Colombo’s popular beachfront, Galle Face Green, observing a 24-hour protest vigil. For three years, she had been calling on authorities to investigate the disappearance of her husband and provide some interim relief to her and her children. However, she hasn’t receives any answers in the past three years and they don’t appear to be forthcoming in the future.

In desperation, Inoka, together with 12 friends and supporters, organised a peaceful and silent march towards the Presidential Secretariat and the Hilton Hotel. “We were armed with only photos of Madushka and banners. Vehicles and pedestrians passed by us freely, with absolutely no disruption. But despite our pleas, we were stopped by the police, violating our rights to freedom of expression and assembly,” she said. “After we were compelled to disperse, a lawyer and an activist at the protest were stopped and subjected to intimidation by the police when they were leaving.”

Instead of expediting the investigation into her husband’s disappearance, the police have started investigating Inoka and some activists who were supporting her. She and at least four activists have been summoned to the Fort Police Station on the morning of September 14. Some of the activists have expressed fears of being arrested.

On August 31, hours before the secretary general arrived in Colombo, several university students were reported to have been hospitalised due to the teargas and water cannons used by the police to disperse them from staging a protest march against a private medical college and demanding an increase in the university intake.

On the day after the secretary general left from Sri Lanka, the police stripped a young man on the road and assaulted him on charges of being a drug user. When a journalist challenged the police conduct, he too was assaulted.

Although the space for freedom of expression and assembly has increased since January 2015, such incidents have happened regularly in the past 20 months, especially in the highly militarised North.

Despite these incidents, the secretary general chose to unreservedly welcome the good governance initiatives of the new government.

Long wait 

More than 100,000 Sri Lankan families, who have reported missing relatives since the 1980s, share the pleas of Inoka.

Like Inoka, nearly all families await truth, justice and reparations. When the secretary general visited the war-torn Jaffna, several Tamil families of the disappeared, from across the North, lined up the streets with photos of their loved ones, placards demanding truth and justice, and with tears in their eyes.

Protesters rally as UN chief Ban Ki-moon visits Sri Lanka. Credit: Reuters

Protesters rally as UN chief Ban Ki-moon visits Sri Lanka. Credit: Reuters

A few days after the secretary general left, a young Sinhalese boy was reported to have disappeared in the Southern city of Hambantota after last being seen in police custody. The day before the arrival of the secretary general, an ex-LTTE cadre – a Tamil – was reportedly abducted in a white van, in the highly militarised Northern city of Kilinochchi.

He was later reported to have been found in police custody, just like several other Tamils who were abducted earlier this year. The whereabouts of at least two other Tamils who disappeared from the North earlier this year remain unknown despite complaints to the authorities.

Ironically, the abduction of the ex-LTTE cadre was reported to have happened on the International Day for Victims of Enforced Disappearances, in the same month parliament approved the setting up of an Office of Missing Persons (OMP) – the government’s latest initiative to address disappearances – and three months after Sri Lanka ratified the International Convention for the Protection of All Persons from Enforced Disappearances.

Despite serious concerns being expressed about the “consultation” process and the OMP by families of disappeared, byactivists and by the government’s own Consultation Task Force, long before and even during his visit, the secretary general chose to welcome both.

Tamils, whose lands are occupied by the military, also took to the streets of Jaffna when the secretary general present. Some of them travelled several hours and over hundred kilometers and were probably consoled by the fact that the secretary general had called for speeding up process of return of land so that they could return home.

Before the secretary general arrived in Colombo, families of the Welikada prison massacre and eyewitnesses who were being threatened and intimidated appealed to him for a meeting. They also pleaded with him to highlight the lack of progress in investigations and prosecutions in his private meetings and his public remarks to the media. While the contents of private discussions are unknown, there was no reference to impunity in relation to this single largest post-war massacre in any of secretary general’s public remarks.

He, however, did emphasise that the victims deserve to have their voices heard, that they deserve credible, transparent and solid transitional justice mechanisms and that they cannot wait forever. He also indicated that he had stressed the importance of these with political and military leadership.

UN’s failure and attempts to move on

The secretary general was forthright about what he called the “big mistakes” that the UN made in relation to Sri Lanka under his leadership, and that if the organisation had been more engaged, they could have saved several more human lives.

Despite this having been acknowledged in 2011 by the secretary general’s panel of experts and subsequently by a UN internal review report, the secretary general personally acknowledging this in Sri Lanka was of significance. He, however, stopped short of apologising for this monumental failure under his leadership and avoided facing those who were abandoned by the UN, despite some of them lining up the streets in Jaffna while he was there.

Instead, the secretary general remarked that the UN had learnt “very hard lessons from Sri Lanka where the fog of war had obscured the centrality of human rights” and that the UN had taken steps to ensure that human rights were at the centre of all its decision-making. He squarely attributed the Human Rights up Front (HRuF) initiative as a response to the mistakes the UN made in Sri Lanka and the lessons they had leant.

Looking ahead

If the UN’s HRuF were to become a reality, a good place to start would be Sri Lanka – the tragedy that led to the initiative. The report of the panel appointed by the secretary general helped kick start subsequent actions on Sri Lanka at the UN Human Rights Council and by the Office of the High Commissioner for Human Rights (OHCHR). However, a coherent rights-based strategy from the UN towards Sri Lanka is not yet visible.

The new government has improved relations with the UN and intensified engagement with UN officials. But despite this, the secretary general doesn’t appear to have elicited a major commitment from the Sri Lankan government during the visit, such as ways to engage with the Human Rights Council beyond March of next year, or establishing an OHCHR field office in Sri Lanka.

It is becoming increasingly difficult to engage with UN officials and the member states, especially to get a response for people like Inoka, the families and eyewitnesses of the Welikada prison massacre and the many survivors and families of victims from the North who ask, “will the UN listen to us, what they will do for us?”

Last week I choose to be with Inoka at her vigil and forego the meeting with the secretary general. But, despite survivors, families of victims and some activists trying to communicate reports of continuing violations, and the limited progress in addressing impunity to the UN, rights issues didnot feature prominently in the secretary general’s public remarks.

Neither was there much symbolic action expressing solidarity and support for the struggle for rights by Inoka and others like her.

The UN, especially the incoming secretary general should be careful not to get carried away with the “charm offensive” of the Sri Lankan government and its ambitious promises. Changes for the better, after an end of a three decade brutal war and a decade of authoritarian rule, should not lead to Sri Lanka being prematurely marketed as a “success story,” even before the survivors and the families of victims experience tangible changes in their lives.

While much of the reform must happen within Sri Lanka, the UN officials and member states still have an important role to play beyond praising the positive initiatives and the progress made. The secretary general, the High Commissioner for Human Rights and UN’s various mechanisms and institutions should try to provide an objective picture of the situation in Sri Lanka to the UN member states, find ways of continuing engagement over the next few years and give a central place to the tears, cries, struggles and expectations of Inoka and others like her.