Jaffna

The Struggle for Justice

First published at http://groundviews.org/2018/10/20/the-struggle-for-justice/ on 20th October 2018

Editor’s Note: The following are excerpts from a speech made at the Human Rights Education Award ceremony at the Law & Human Rights Centre in Jaffna, on 19th Oct. 2018

Dear friends,

I want to congratulate the Law and Human Rights Centre for organising this course. It is difficult but very important to do this in Jaffna, a place that sees continuing rights violations, impunity for serious violations in the past and courageous dissent and resistance, be it through protests, the arts, writing, or filing court cases.

Rights violations and struggles for justice

Today, after this event, I will be going to the Jaffna Press Club – for a commemorative event to remember life and work of Nimalarajan, a Tamil journalist killed on 19th October 2000. He is among many Tamil journalists killed, disappeared, assaulted, threatened, and intimidated during and after the war. No one has been held accountable. For many, justice for Tamil journalists appear to be less important than justice for Sinhalese journalists. Even now, Tamil journalists continue to face threats, intimidation, surveillance, interrogation. Not just them, but also families and friends.

This year and last year has been a year of protests in Sri Lanka – especially in the North and East. This includes continuous protests for more than one and half years by families of disappeared and by communities whose lands are occupied by the military. In addition to long drawn out roadside protests, families of the disappeared in Mannar and Vavuniya have published books documenting their stories. Some have met the President, others have made representations to international community representatives in Sri Lanka and Geneva. Some have filed court cases. Some of the leaders have been assaulted, threatened, intimidated and subjected to interrogation and surveillance. Even those inside prisons have been protesting – such as female detainees and political prisoners engaging in hunger strikes.

There have been a few significant victories emerging from these struggles. For example, last year, month long overnight roadside protests by communities in Pilakudiyiruppu and Puthukudiyiruppu led to the release of Army and Air Force-occupied lands. This year, the people of Iranaitheevu made a daring landing on their Navy-occupied island and reclaimed their traditional lands. Hunger strikes by political prisoners have led to reversal of unjust transfer of cases from Tamil areas to Sinhalese areas, and release on bail of some. Sandya Ekneligoda, whose husband disappeared, was threatened by a rough Buddhist Monk Gnanasara while inside court in 2016 – she refused mediation, insisted and courageously pursed justice in courts and finally, Gnanasara was convicted and put behind bars. These are exceptions to the rule, but it’s good to recall these struggles, and see what we can learn from those that were leading and involved in these.

We also need to be conscious of rights abuses, injustice and repression from non-state parties. Last month, a film looking at Tamil militancy, including the LTTE, in a critical way, was removed from the Jaffna film festival due to pressure from some people in Jaffna. Earlier this week, a photo exhibition, a substantial part of which included photos about rights violations in the North and East including disappearances and land, was not allowed to be held in the Peradeniya University by a student group. Last year, several months long protest was held against caste based oppression in Jaffna.

Protests have been held across the North and East against unjust schemes by microfinancecompanies that pushes people into debt and even suicide. The Catholic Archbishop of Colombo preached that human rights are not so important, that it’s a Western concept, that it’s only for people without religions, despite strong views supporting international human rights framework by successive Popes including Pope Francis. Most Muslim men and clergy resist reform of the Muslim Marriage and Divorce Act (MMDA) which legalises blatant discrimination of women and child marriage of girls. Some Buddhist clergy and their followers have been at forefront of violence against Christians and Muslims. Even as we try hold the state accountable, we must also expose and challenge armed groups, business enterprises, religious groups and in general oppressive social – cultural practices that facilitates, justifies and promotes rights abuses and undermines struggles for justice.

It is also a challenge to critically engage with new laws and institutions that we are faced with. These often fall short of legitimate expectations of survivors, victim families and affected communities. They are often compromised, or seek to whitewash old and existing violations and paint a rosy picture of the present situation. The Office on Missing Persons (OMP) established earlier this year and the Act on Reparations approved in Parliament last month are examples. But they also offer tiny rays of hope for a minimal degree of redress to at least a few survivors, victim families and affected communities and thus, we should be careful about rejecting them totally or boycotting them. The Right to Information Act and the Commission is an example of a recent development that have provided answers to some citizens who proactively sought answers about what’s hidden – such as military occupied land and military run businesses, entitlements in terms of flood relief etc.

I want to spend some time to talk about another draft law that’s before parliament now. The Counter Terrorism Bill. We must all stand for immediate and long overdue repeal of the PTA – the Prevention of Terrorism Act. But we must resist the temptation to compare the Counter Terrorism Act with the draconian PTA, and instead, focus on looking at extremely problematic clauses of the CTA which have the potential to restrict our rights and takes away essential lifesaving checks and balances in face of arrest and detention. It is not even compulsory to have a female officer question a female. It is not compulsory to serve acknowledgement of arrest and detention to family of the detainee. The draft restricts roles of the judiciary and confers extraordinary powers to the police, military, the Minister and the President. But we must also ask the more fundamental question of why we need a CTA, especially when we have a Public Security Ordinance, which gives enormous discretionary powers to the President to declare emergency regulations? Why do we need a CTA when our constitution allows restrictions on fundamental rights in special circumstances including for national security? When we have around 15 other laws, including those dealing with terrorism, hate speech that may cause communal disharmony, and money laundering? Laws such as the PTA, have served as license for enforced disappearances, arbitrary arrest and prolonged periods of detention, torture and sexual violence, and crackdowns on freedom of expression, assembly, association and movement. This is true for Sri Lanka and across the world. In Sri Lanka, it is Tamils who have been disproportionately affected by PTA and it is crucial that the Tamil National Alliance (TNA) which is the major political alliance representing Tamils in parliament, and also the opposition party, stands for the full repeal of the PTA, highlights the problematic clauses of the new counter terror law and oppose it’s enactment. And I believe all of us, especially Tamils in the North and East, must demand this from the TNA.

Human Rights Education and certificates

We cannot talk about human rights education, human rights courses and diplomas isolated from the above context. I would like to mention three elements I consider to be important in human rights education. One is the need to study philosophy, history, laws, institutions, gaining skills to research, theorise, analyse. Secondly, to learn about rights violations and abuses. Thirdly, to learn about struggles for justice. I have not followed any course or diploma in human rights, and learned the first in the process of the being involved in the second and the third. Unlike the first, the last two cannot be studied from the comfort of meeting rooms, or in hotels, classrooms, libraries or research online. We have to learn about violations and struggles against them from survivors of violations, families of victims and affected communities. By meeting them where they are – such as in their homes, in hospitals, prisons, IDP camps, or by joining them in their struggles – at a roadside protest, a hunger strike, an overnight vigil, in court battles, or negotiating with authorities.

I’m aware that some of you in the class, your friends, and your family members may also be survivors of violations. Some of you maybe already be involved in struggles for justice. I was impressed when most of you following the course agreed to visit the families of disappeared at the overnight roadside protest. And I’m happy to hear that some who participated are involved in LHRC work as volunteers.

Today, you will get a certificate. Receiving a certificate can be a nice feeling, give a sense of achievement, and practically, they can help you advance in your education and career. The certificate is a small indicator of you completing the course on human rights. But the real indicator of learning about human rights will be from what you do to prevent violations, fight against them, and support the struggles of survivors, victim families and affected communities. You may not get certificates when you do this, but instead, face persecution and reprisals from state, from your own community, colleagues, friends and families. I have faced and still face such challenges and often ask myself whether it was worth it. I hope you will rise to this challenge. I hope the course will support the emergence of a new generation of activists and strengthen ongoing struggles for justice.

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No Peace in Rest

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

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

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

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

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

Conflating Remembrance Day With Maaveerar Naal

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

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

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

The destruction

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

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

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

The Right to Remember and Mourn

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

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

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

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

DISAPPEARANCES IN SRI LANKA: 500 DAYS OF PROTESTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

500 days of day and night protests

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

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

Challenges facing families and the OMP

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

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

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

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

Solidarity

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

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

(The writer is a human rights activist)

Access to land is a must for reconciliation in Sri Lanka

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

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

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

The islanders are all minority ethnic Tamils and Catholics.

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

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

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

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

Land releases and trail of destruction

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

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

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

Land issues faced by Muslims and Sinhalese

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

Land issues beyond military occupation

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

Land and reconciliation

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

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

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

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

366 days – Roadside Protests in Kilinochchi

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

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

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

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

The beginning and evolution of the protests  

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

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

Other forms of struggles and the ethnic factor

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

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

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

Support for the protests

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

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

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

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

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

Domestic and International dimensions

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

The future of the protests

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

The struggle for land and reconciliation in Sri Lanka

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

The struggle for land and reconciliation in Sri Lanka

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

The struggle for land and reconciliation in Sri Lanka

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

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

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

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

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

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

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

 

Other protests

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

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

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

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

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

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

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

 

Releasing lands

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

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

 

The need for support

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

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

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

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

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

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

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

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.

Tourism in Sri Lanka: Catalyst for Peace & Development or Militarization & Dispossession?

First published at http://groundviews.org/2016/07/11/tourism-in-sri-lanka-catalyst-for-peace-development-or-militarization-dispossession/ on 11th July 2016

This week, there is a major international conference on tourism, in Pasikudah, in the Batticaloa district, Eastern province of Sri Lanka. The theme is “Tourism: a Catalyst for Development, Peace and Reconciliation”. It’s organized by the UN’s World Tourism Organization (UNWTO), “the UN agency responsible for the promotion of responsible, sustainable and universally accessible tourism”, along with the Sri Lanka Tourism Development Authority (SLTDA) and the Ministry of Tourism Development and Christian Religious Affairs. The Sri Lankan President is due to attend.

Local community’s involvement in the conference

Pasikudah is a fishing village. It’s an area severely affected by the war and tsunami, with many having been killed, disappeared, injured, tortured, detained, displaced and with large number of war widows and women headed households. It had also been a popular beach for local and foreign tourists. Before the advent of large hotels owned and staffed primarily by outsiders, many local people had tried to develop their economy through small scale guest houses.

When we met fisherfolk and local guest house owners and staff last month, they didn’t know about this event, had not been consulted or invited. Organizers have opted to recommend high-end hotels owned and managed by outsiders for conference participants to stay, instead of local guest houses. Local civil society groups that we met in Batticaloa, the district capital and the closest major city to Pasikudah also didn’t know about the conference.

Those seriously affected by the three decade old war have been totally left out at a conference claiming to discuss peace, reconciliation and development. There doesn’t appear to be any opportunity for participants to listen to them and how they may view tourism and their expectations. There is also no space or focus in the agenda on gender issues.

Misleading participants 

The material provided for participants by organizers, is misleading as it withholds key information about the context and background of peace and development in Sri Lanka and Pasikudah. Language has been a key issue that led to war and the organizers are incorrectly portraying that the language of the majority, Sinhalese, as the official language, at a conference held in a pre-dominantly Tamil area ravaged by the war. Numerous reports by local and international groups and the UN about the human rights situation in the past and present finds no reference in extensive pre-conference materials featuring images of sunny beaches.

Proposed pre & post conference destinations include Kandy and Nuwara Eliya, districts which grow much of Sri Lanka’s famous tea. The visit itinerary includes visits to tea factories and plantations. But it doesn’t include a visit to “line rooms”, the cramped and basic shelters where workers live. The visitors are not likely to be given opportunities to learn about the historical and ongoing socio-economic-political marginalization of tea workers, many of whom are women, on whose sweat and blood the tea industry is built on, with very little benefits to themselves.

Some major concerns about tourism and local communities 

In major tourism development areas such as Pasikudah, Kalpitiya (Puttlam district, North Western Province) and Kuchaveli (Trincomalee district, Eastern Province), local communities have not been consulted and inadequate information had been provided to them about large scale tourism projects that affects their lives. Some had learnt of proposed tourist projects through prohibition notices restricting their freedom of movement. Sinhalese, Tamil and Muslim communities, men, women and children, have all been negatively affected.

Historical landscapes have been changed and mangroves destroyed due to large scale tourism projects in different parts of the country. Environmentalists had reported that the Colombo “Port City” project, which aims at high end tourists, will cause serious damage to the environment. In Kuchaveli, community playgrounds, community centres, wells close to the sea and a Hindu temple had been occupied due to tourism projects. In Kalpitiya, access to a Catholic Church had been blocked and, local communities have complained about water shortages for drinking and everyday use, due to high water consumption in hotels.

Tourism initiatives, by the military and private companies, had resulted in local populations losing their traditional lands, seriously affecting community life and cultures. Individuals and whole communities in Kuchaveli, Kalpitiya, Jaffna (Northern Province) and Panama (Ampara district, Eastern Province) have lost their traditional lands and villages due to tourism projects.

Fisherfolk in Pasikudah told us that their fisheries centres and moorings have been displaced multiple times due to building up of large hotels. The hotel hosting the conference, Amaya Beach Resort, is situated where their fisheries centre was located. The Pasikudah fisherfolk have been compelled to walk several kilometers to the present day mooring. Over 300 fisherfolk have to share a very small 300m section of the 5km long beach. In Kuchaveli nine access points to the sea has been blocked and fisherfolk have to walk about 3km to the sea. Most permanent employees in hotels appear to come from outside. Fisherfolk in Pasikudah also told us that large hotels in Pasikudah don’t purchase fish from them, but do their purchases through intermediaries. There are also questions about adequate compensation, social benefits and rights to unionize of workers employed in major hotels.

Militarization of tourism

There is a strong military presence and involvement in Northern Sri Lanka and this also extends to tourism. It’s a military which stands accused of serious and systemic human rights violations, by the local population, domestic and international human rights groups and the UN. Despite some releases in last 18 months, it continues to illegally occupy large swathes of lands belonging to Tamils. Some lands of Muslim and Sinhalese are also occupied by the military.

The military runs farms, pre-schools, shops, tourist centres, tourist resorts, restaurants, boat tours and airlines. According to organizers, conference participants will also travel by a “passenger vessel of the Navy”. In Panama and Jaffna peninsula, people were deceived into believing the Navy and Army had occupied their lands to build military bases, but subsequently discovered that these lands were used to build military run resorts.

The military has also built many monuments glorifying itself, despite many local Tamils considering them as being responsible for mass atrocities in the past. The military had bulldozed cemeteries and destroyed memorials of Tamil militants. Efforts of civilians to remember those killed and disappeared, led by Tamil political and religious leaders had been met with threats, intimidations, restrictions, surveillance and court orders banning them. Despite some improvements in last 18 months, there is no positive environment for civilian initiatives for monuments and remembrance events. Government initiatives for remembrance remains focused also on the military.

Tourism and international experiences of memorialization

Across the world, monuments of past tragedies had become major tourist attractions.Holocaust memorial in Auschwitz and across the world, Constitutional Hill (former prison) andApartheid Museum in South Africa, Tuol Sleng Genocide museum in Cambodia and thememorial at the massacre site in Gwanju, South Korea are just very few examples. They play a very important role in retaining memory, educating visitors (domestic and international) and conveying stories of experiences of survivors and victims of human rights violations and war.

One of the most striking of such memorials is in Derry, in Northern Ireland, which was badly affected by the “troubles”. A walking tour of “Derry Bogside” retraces parts of the original march and visits places where the dead and wounded fell on “Bloody Sunday”, examining its’s political and social repercussions and offering onsite experience and insights. It’s curated by the son of one of the victims and offers a unique perspective to tourists. The Museum of Free Derry tries to tell the city’s history from the point of view of the people who lived through, and were most affected, instead of “distorted version parroted by the government and most of the media”, as a step towards understanding of elements that led to the conflict.  

Tourism in Sri Lanka is far from such initiatives. Less than an hour away from Pasikudah, Satharakondan and Kathankudi, there are monuments to remember massacres by the government forces and LTTE, which local Tamil and Muslim communities have built and maintain. No visits to such sites are planned in this conference to discuss “peace and reconciliation tourism”, to learn from war-affected people and express solidarity and offer encouragement and support. Instead, organizers are offering “technical tours” of several hours, to war affected Trincomalee and Jaffna. The itineraries indicate that the aim is to highlight the beauty of the place and sweep under the carpet serious human rights violations and social, economic issues affecting local people, such as unemployment, caste and gender based discrimination and violence.

Towards a more meaningful tourism

Tourism must be centered on local populations and war affected peoples. Consultations with them is crucial if tourism is to act as catalyst for peace, reconciliation and development. Tourism projects should take into account their sufferings, aspirations and support their struggles for truth, justice and economic development in a sensitive way.

Tourism must not destroy or damage socio-economic-cultural practices of local communities and uproot them from their traditional lands and livelihoods. They should not be marginalized and denied economic opportunities presented. Environmental protection is linked to community life and livelihoods and thus this is a crucial factor in any tourist projects.

Only very few individuals have obtained redress for lands they lost due to tourism projects, by going to courts. It would be important to have accessible, effective and independent grievances mechanisms, which could prevent abuses in context of tourism projects by the state or private companies, or provide redress to victims.

Government and military must not use tourism as means to promote their political agendas and propaganda. Memorials and other remembrance initiatives by local communities must be promoted and government must also initiate official monuments and remembrances focusing on civilians and all those affected.

Post-war tourism in Sri Lanka has been dominated by large scale hotel chains, investors and a powerful military machine. It’s driven by neo-liberal, capitalist economic and development policies and majoritarian Sinhalese – Buddhist ideology. It has exploited and left behind local populations in tourist sites and war affected survivors and victim’s families, in dark shadows of dispossession, displacement and marginalization. Will this conference rubber stamp and encourage this stampeding tourism train running over all before it, or will it genuinely attempt to promote peace, reconciliation and development in Sri Lanka through tourism?

Sources:

Visits and meetings with local communities by authors and colleagues

Authors visits to sites of “peace tourism” overseas

Dark Clouds over the Sunshine Paradise – Human Rights & Tourism in Sri Lanka”, Society for Threatened Peoples

Sri Lanka’s new Missing Persons Office and the Catholic Church

First published at http://www.ucanews.com/news/sri-lankas-new-missing-persons-office-and-the-catholic-church/76381 on 28th June 2016

Catholic priests are among the over 65,000 people who have been reported as disappeared in Sri Lanka. Included among that number are also many journalists, human rights activists, and the Vice Chancellor of Eastern University of Sri Lanka.

Father Jim Brown, a Tamil Catholic priest, disappeared on Aug. 20, 2006. He was last seen going into the navy controlled Allaipiddy area in the northern city of Jaffna. Wenceslaus Vimalathas, a lay associate who was with him, also disappeared.

Father Brown had tried to protect civilians during heavy fighting between the Sri Lankan army and Tamil rebels by offering them shelter in a church. It didn’t work. Many civilians were killed and injured when the church was eventually attacked. Father Brown had pleaded with the navy to take the injured out of the fighting zone but was reportedly rebuffed.

Father Francis Joseph, another Tamil Catholic priest, also disappeared. He was last seen being taken away by the Sri Lankan Army in Mullaitivu on May 18, 2009, the last day of war.

He had brokered the surrender of some rebel Tamil leaders in return for assurances of their safety. But those leaders too disappeared and their Habeas Corpus cases have dragged on for several years in the courts.

Till the late 1980s, most of those disappeared were Sinhalese. Since then, the majority have been Tamils. Muslims also have disappeared, including Pattani Razeek, a good friend of mine. Razeek was one of the few whose body was found.

Groups led by Catholic priests and nuns in the predominantly Tamil-Hindu areas in the North and East have been documenting disappearances, supporting families, and raising their voices against the crimes and the culture of impunity. But these are exceptions. Most church leaders have stayed silent. Why?

Those that have campaigned against the disappearances have faced intimidation, threats and arrest. A Catholic priest and myself were arrested in 2014 for investigating the disappearances. A few months later, a private discussion between affected families, activists and diplomats at a church-run center was disrupted by a mob led by Buddhist monks. The police refused to assist us.

Successive governments have set up numerous bodies to address the disappearances. Affected families and activists have engaged with them more out of desperation than good faith. But truth, justice, and reparations have been elusive.

The latest government effort has been to establish an Office of Missing Persons (OMP). It was one of the significant commitments the government made when they co-sponsored the U.N. Human Rights Council resolution on Sri Lanka last October. But the development of the O.M.P has been shrouded in secrecy with very little consultation, despite promises made to the contrary.

Father Brown’s distraught mother passed away without knowing what happened to her son, and his lonely father has told me that his only hope is to hear news of his son before he dies. Families whose breadwinners have disappeared need financial and material support, while others continue to demand justice.

To fulfill such expectations, the OMP will have to be more victim centered, transparent, independent and a well-resourced office, which will also facilitate the rights of families to reparations and justice, along with the right to truth. There are still opportunities to do this by influencing the draft legislation to establish the OMP, which awaits parliamentary approval.

But this may only happen if families, activists and U.N. officials make strong demands. Church leaders should also join such efforts, demanding truth and justice for those like Fathers Brown and Joseph.

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.

Continuing abuse under PTA: Abductions, Arbitrary Arrests, Unlawful Detentions and Torture

First published at http://groundviews.org/2016/06/28/continuing-abuse-under-pta-abductions-arbitrary-arrests-unlawful-detentions-and-torture/ on 28th June 2016

On 30th March, 2016, a suicide jacket, explosives and other ammunition was found in Chavakachcheri, Jaffna. Since then, as at 28th June, the arrest of at least 28 persons have been reported. All of them have been Tamils from the north and east of Sri Lanka. All were men, except one woman whose husband was been arrested. A further 2 persons, (also Tamil men) were given “chits” (pieces of paper) at the international airport summoning them to the Terrorism Investigation Division (TID) of the Police for inquiry. They were questioned and released on the same day.

Of the 28 arrested, 24 had been arrested under the Prevention of Terrorism Act (PTA). The other 4 appear to have been arrested and detained on matters not related to the incident above, although they are ex-LTTE cadres. One of those arrested under the PTA was arrested inside the Human Right Commission office in Trincomalee, whilst he was lodging a complaint.

The people in Chavakachcheri that we spoke to said that around 10-12 youth, both male and female, have been continuously called for questioning at various places in the Jaffna District between April and June 2016, in addition to those who had been arrested. A sense of fear prevails in this village, and amidst families of those arrested. People who used to move around quite freely now look at each other with suspicion and doubt.

A human rights lawyer claims that many of the arrests are related to 5-6 motorbikes reportedly found around the house where the explosives were found. There also seems to be a trend of the TID tracking phone numbers that have been in contact with those already arrested, and calling them in for further inquiries, whilst also arresting some of them. This had led to people refraining from lending their phones to anyone else.

As of 23rd June, 2016,

  • At least 23 of the 28 persons who have been arrested have not been charged with any crime.
  • No arrest receipts were issued at the time of arrest in at least 10 cases.
  • In most of the cases, the arresting officers claimed to be TID officers and were dressed in civilian clothes. They hadn’t provided any form of identification, but had given a land phone number and told families to call it and clarify if they wanted to.
  • Suspects were not produced before a Magistrate (as specified in the PTA) within 72 hours in at least 23 cases. In most cases, Detention Orders are issued directly to the detainee whilst in detention, so families and lawyers are not always aware of its issuance.
  • Families were not notified of place of detention for more than 48 hours in at least 5 cases.
  • At least 15 of those arrested are former LTTE cadres, with at least 7 having gone through rehabilitation and been released.
  • Detainees were not offered opportunity to contact lawyers for more than 48 hours in at least 23 cases, with lawyers having restricted access even thereafter. It’s mostly families that are in contact with the lawyers.
  • Of the 28 arrested, we have come to know that 4 have been released unconditionally, 2 have been released on surety bail and 1 has been sent for 1 year in rehabilitation.
  • After visiting their detained family members, several have reported that detainees appear to have been tortured.
  • Private property of detainees and family members were confiscated and held without receipts being issued in at least 5 cases. Property includes, mobile phones, vehicles and at least Rs. 100,000 in cash.
  • Although, in accordance with Section 28 of the Human Rights Commission of Sri Lanka (HRCSL) Act[1], most arrests and detentions are being communicated by the TID to the HRCSL now, the HRCSL is still not being kept notified of detainee transfers and changes in detention facilities.[2]
  • Family members and lawyers reported that they had restricted access to the detainees.
  • Family members have also been reported as being detained, subjected to intensive interrogation, harassment and/or intimidation.

Below are the names and brief details of the 28 reported as arrested and 2 reported as having been summoned to TID, questioned and released. Information is valid as of 23rd June, unless otherwise stated.

  1. Kebriel Edward Julian (alias Ramesh) – According to Julian’s lawyers, at about 7.30pm, on 29th March, approximately 20 Police, Special Task Force, army and TID personnel, had arrived in 4 army vehicles, and surrounded Julian’s house in Chavakachcheri. As Julian had not been at home, the personnel had eventually left at about 9pm after having arrested Julian’s wife, Kebriel Thusyanthi, accompanied by her 6 year old step-daughter. The cache of explosives and suicide vest were discovered at Julian’s house the following morning (30).[3]Julian was arrested on the 30th of March, 2016. According to his lawyers, on the 31st of April, police, army and TID personnel had brought Julian back to his house in a van, but his family had not been allowed to meet him. They had notified his family that Julian had been arrested on the 30th. Julian was a former LTTE cadre.As far as his lawyers are aware, no Detention Order has been served, and Julian was not produced before the Magistrate or JMO as at 23rd of June. Mobile phones belonging to Julian, his father and wife, Julian’s motorcycle and TATA Batta van, their vehicle documents, and account books were all confiscated by the TID. No receipt was issued following the confiscation of these possessions and none of them have been returned as yet.[4]
  1. Rasathurai Jeyanthan, a former LTTE cadre, was abducted from his home in Nunavil, Chavakachcheri on the 10th of April, 2016, by men in civilian clothing, who claimed they were from the Police.[5][6]They interrogated and handcuffed him, refused to identify themselves, refused to tell his family members the cause of arrest and where they were taking him to, took him away in an unmarked white van, detained him for two days at locations unknown to the family, and confiscated two motorcycles registered under Jeyanthan’s brother’s name and 3 mobile phones belonging to him, his wife and mother. More than 2 months since his arrest, none of their personal property has been returned to the family. Neither have they received a receipt for the confiscated property. The notice of arrest was sent to his family only about a week following his actual arrest. The HRCSL, however, had received a routine fax notifying the Commission of his arrest, as mandated in Section 28(1) of the Human Rights Commission Act of 1996. Having been detained at the TID office in Colombo for 2 days, he was transferred to Boossa on the 12th of April, 2016 and is still detained there as of 23rd.
  2. Ganeshapillai Arivalahan (alias Kalaiarasan), a former LTTE Intelligence chief, was arrested on the 26th of April, 2016, whilst lodging a complaint at the HRCSL, Trincomalee.[7] On the 25th of April, 3 men dressed in civil had visited Arivalahan’s home whilst he was at work, and asked his wife where he was, where he worked, which route he took back home etc., As there had been a spate of arrests of former LTTE cadres at the time, they had gone the very next morning (26th) to a legal aid organization in Trincomalee. They were then advised to lodge a complaint at the HRCSL in Trincomalee.When getting into the three-wheeler from the legal aid office, Arivalahan’s wife had noticed 3 policemen in uniform standing on the opposite side of the office (sea-side), but hadn’t taken too much notice of them. However, as soon as they left the office, they saw a white and grey van with tinted windows following them. At one point, it had even tried to overtake their three-wheeler. The van too arrived at the same time as the three-wheeler at the HRCSL office, so Arivalahan had run into the HRCSL out of fear. One man in civil had gotten out of the van and followed Arivalahan inside and apprehended him. At which point a lady working at the HRCSL had asked the man from the van, who he was. He had responded that he was from the TID in Colombo. Meanwhile, 4 other men in civil too had gotten out of the van and walked into the HRCSL. Also, a police jeep with 3 police officers in uniform had arrived at the Commission and walked inside. When asked by the lady who they were, they had said they were from the Trincomalee Police.The lady at the HRCSL had got the first TID officer who had apprehended Arivalahan, to record his (the officer’s) details in a book at the Commission. By this point, the police had issued a receipt of arrest to Arivalahan’s wife, citing that he’s being arrested under the suspicion of reviving terrorist activity. As at 23rd June, he was being detained at the TID office in Colombo. His wife visits him weekly, but says that they are not able to speak freely as TID officers are always in the vicinity. They had even told the wife during one of her visits, that her husband would be released in two months.
  1. Muththulingam Vijeyakumar Ketheeswaran, was arrested in Kilinochchi town in the Kilinochchi district on 10th He had previously been detained in May 2014, while sitting for his A/L examinations as an 18 year old and released in November 2015 on bail. As he could not go back to school, he had requested his father to try and raise funds to buy him a three wheeler. His father had reportedly sold his cattle and transferred funds to his son’s bank account. Ketheeswaran has now been detained on the suspicion that he had received funds in relation to the explosives found in Chavakachcheri.When the father had visited his son in Boossa, it had appeared that the son had been severely beaten whilst in detention in Vavuniya and Boossa. The family has lodged a complaint (HRC/KI/056/2016) at the HRCSL in Kilinochchi, on the 11th April.Ketheeswaran’s sister, a student at the Eastern University, had received numerous abusive calls from persons claiming to be from the TID, from this phone number 021-2283707, following her brother’s arrest. The University has arranged some security measures for her, and she has lodged a complaint (HRC/BCO/99/2016) at the HRCSL in Batticaloa.
    Ketheeswaran’s father and another brother, a school boy, have also been repeatedly summoned to an unmarked TID office in Kilinochchi after his detention.[8] He was being detained as at 23rd June.[9]
  1. Muthulingam Jeyakanthan, a former LTTE cadre, from Mullaithivu, who had sought employment overseas after the war, was detained and interrogated for almost 7 hours by the TID, at the Katunayake international airport on his return to Sri Lanka on the 12th of April, 2016. He was then released and asked to report to the 2nd floor of the TID office in Colombo, on the 19th of April, for further interrogation.[10] According to his sister[11], they had taken Jeyakanthan into the office at about 11.15am, and at around 2.15pm, informed her that he had been arrested, but his family had not been given any document with regard to his arrest. The TID had refused to let his sister see Jeyakanthan that day, and had told her to come and visit him on Sunday (24th) April instead. Jeyakanthan is a father of two and had gone overseas to help support his family. He was last detained at the New Magazine Prison, and was ordered 1 year rehabilitation at the Poonthotam Rehabilitation Centre, Vavuniya, on the 22nd of June, 2016.
  2. Former LTTE commander Ithimalasangam Arichandran (alias Ram), was reported as abducted from his home in Thambuluvil, Ampara, on the 23rd of April, 2016. Two days later, on the 25th, the Police Spokesperson was quoted by media as having acknowledged[12] that Ram was in the custody of the TID, and was being detained at the TID office in Colombo for further questioning. Ram too had been rehabilitated after the war in 2009 and released in 2013, and has since then been reported as having been involved in agricultural activity.
  3. Another former LTTE colonel, Krishnapillai Kalainesan (alias Lt. Col. Prabha) was reported as arrested from his home in Batticaloa, on the 2nd of May, 2016, and taken to the TID office in Kalmunai for further questioning. A father of two, he was working with his wife at a canteen at the time of his arrest.[13][14] Initially registered to have been disappeared after the war, he was found to be in custody of the military and then underwent rehabilitation from 2009, till his release in 2013. He was being detained at the TID office in Colombo as at 23rd
  4. Kanapathipillai Sivamoorthy (alias Nakulan), a former LTTE commander, was abducted[15] in Jaffna on the 26th of April, and subsequently found to be in the custody of the TID in Colomb. Co-Cabinet Spokesperson, Rajitha Senaratne was reported in the media as having acknowledged[16] that Sivamoorthy, was one of many rehabilitated former LTTE cadres who had been arrested in April, in relation to a cache of weapons found in the North. He was reported as being detained by the TID as at 28th
  5. Thamotharampillai Jeyakanth, was reported as arrested under the PTA on the 20th April, 2016, from Murukandi, Kilinochchi, and being detained at the TID HQ in Colombo, as at 23rd[17]
  6. Mahadevan Prasanna and Jesuratnam Jegasamson, were arrested under the PTA on the 06th of April, 2016, from Puvarasamkulam (Vavuniya district), and are being detained at the New Magazine Remand Prison in Colombo, as at 23rd[18] A Mr. Nagulan too has been arrested in connection with this same case, and a human rights lawyer told us that his last known place of detention was at the Narahenpita Police station. However, his current whereabouts are unknown. All 3 of these suspects have been arrested and detained in relation to allegedly being in the possession of a military hat belonging to former intelligence head of the LTTE, Pottu Amman.[19]
  7. Sathyaseelan Jeyanthan Fernando, was reported arrested under the PTA on the 1st of April, 2016, from Kilinochchi, and is being detained at Boossa, as at 23rd[20]
  8. Seethagopal Arumugam, was arrested on the 29th of April, from Nedunkerny (Vavuniya district). A tractor and motorbike belonging to him, and Rs. 100,000 in cash, was confiscated by the TID, without a receipt, upon his arrest, and none of it has been returned to the family. He is being detained at the TID office in Colombo, as at 23rd[21]
  9. Sankaralingam Sasikaran, a father of two and local NGO worker, was reported as arrested[22][23] on the 30th of May, 2016, from Bharathipuram, Kilinochchi district. His current whereabouts are not known.
  1. Magalingam Vasantharasa, was arrested on the 31st of May, 2016, at the Katunayaka International Airport, and is being detained at the TID office in Colombo, as at 23rd[24]
  2. Kanagalingam Kamalakannan, who runs a money exchange centre in Jaffna, was reported as arrested from Jaffna, between April-May, in connection to the weapons discovery in Chavakachcheri. He is being detained at Boossa as at 23rd[25] 
  1. Suppramaniam Janakaraj and Suppramaniam Chandrakumar were two brothers who were arrested from their home in Akkaraipattu, Ampara district on the 6th of April, 2016. They were both released on bail on the 8th, and released unconditionally on the 12th of April, 2016. Their lawyers believe that the two brothers were arrested in order to get to their eldest brother, Suppramaniam Devathas, who was arrested on the 7th of April, and being detained at Boossa as at 23rd[26]
  1. Subramaniyam Sivakaran, Secretary of the Ilankai Thamil Arasu Kachchi (ITAK) Northern Province Youth Organisation, was arrested under the PTA, by the TID, in Mannar on the 27th of April, 2016. He was released,[27] on bail, with two personal sureties of Rs. 100,000, on the following day (28th). He was also barred from leaving the country for one year from the date of his release.[28]
  1. Pathmanathan Rameshkanthan and Subramaniam Kokilan, were arrested under the PTA, and having spent almost 2 months in detention without being charged, were released unconditionally on the 2nd of June.[29]
  1. Kireniyar Sebathasan, was returning to Sri Lanka from Qatar where he went on work, was given a chit at the Katunayaka International Airport summoning him to be present at the 2nd floor of the TID office in Colombo-01, on the 18th of April, 2016 at 10am. The chit was signed by the OIC of Unit III. He was questioned and released on the 18th[30]
  2. Gunasekaram Vijaykumar, was summoned for an inquiry by the TID, from Kilinochchi (where he resided,) on the 27th of April, to the TID HQ in Colombo. He was questioned and released later that day.[31]

Other arrests of dubious nature

Three men, Ramachandran Kanesh, Navarathnarajah Ranjith and Mutthulingam Yogarasa,have been brought back to Sri Lanka from the Maldives after having finished serving a jail sentence, and are currently in detention in Welikada prison. Neither them, nor the prison officials one of the authors spoke to, had any idea of the reason for their continued detention, and under what laws they were being detained.

In May 2007, they were found by Maldivian Authorities in the territorial seas of Maldives and were arrested for possessing firearms. The detainees stated that they were kept in custody and were interrogated by Maldivian Authorities, Sri Lankan Authorities and Indian Authorities. The trial and sentence had been concluded in one day. The detainees stated that they did not know their charge or their sentence until after the Court proceedings had concluded as they had been provided with only one interpreter who was fluent in Malayalam and did not speak Tamil, which was the only language the detainees understood. When they were taken away from Courts an Officer had told them, that they were charged and convicted for possessing firearms. The appeal process for their release was on-going when the Sri Lankan Ambassador to Maldives visited them in prison and asked them if they were willing to be transferred to Sri Lanka. He also promised them that once in Sri Lanka they would be released in April 2016 with the Sri Lankan New Year. As the appeal process would have dragged up to September 2016, the three prisoners decided to abide by the Ambassador’s advice.

The prisoners were brought to Sri Lanka in April in a Navy ship. They said they travelled for two days. Once they landed in the Colombo port, they were sent directly to Welikada prison. Few days later they were transferred to the Magazine prison where they are now. No one apart from a few lawyers and their family has met them.

All three admitted to being part of the LTTE. However only one admitted to have joined them voluntarily. One of the detainees were recruited by the LTTE when he was 16. According to them they were sent on a mission to transport weaponry from a ship to Sri Lanka in 2007.This is when they were caught by the Maldivian Authorities. According to them they did not possess any weapons when they were caught. However they also said that three of them together with another boatman were on the boat when the Maldivian Authorities open fired. The boatman had died at sea.[32]

Velauthapillai Renukaruban’s family claims that on the 2nd of June, 2 men had arrived on motorbikes, at their home in Jaffna, assaulted Renukaruban in the presence of his mother and older sister, and then forcibly taken him away in a van. The family claims that they had only discovered his whereabouts several days following his arrest[33], when they found out that he was being held at the Jaffna Remand Prison. Following a motion for bail being filed on the 15thof June, he was produced at the Chavakachcheri Magistrates Court on the 16th of June, and released on surety bail. The courts issued a travel ban on him till the conclusion of his case, and he also had to surrender his passport to the Courts.

According to his lawyer, on the 22nd of June, Renukaruban was charged with trespassing and assault, he pleaded not guilty, and the Trial date was set for the 1st of July. In a previous trip to Sri Lanka in January 2016, Renukaruban, his uncle and 3 others had allegedly trespassed the premises of, and assaulted the complainant. Renukaruban had apparently not known of the case filed against him, and so had left the country. However, as there was a warrant out for his arrest, the Police had arrested him as soon as he returned to Jaffna. He is a British national.

Whilst being held at the Jaffna Remand Prison, there had been a clash between some of the prisoners, and Renukaruban had run outside his cell wearing only his sarong. Having seen the tiger tattooed on his chest, he claims that the Sinhala prison officials had then assaulted him, explained Mr. Punethanayagam. As there are CCTV cameras fixed inside the prison now, it shouldn’t be too difficult to find out what took place, the lawyer added. As Renukaruban had been injured due to the assault, he had been hospitalized for a few days.

His lawyer had lodged a complaint with the Jaffna Police regarding Renukaruban’s alleged assault by prison officials.

The Prevention of Terrorism Act (PTA) and Emergency Regulations (ER)

The PTA and ER gives wide authority to the Terrorist Investigation Division (TID), the Police and the Minister of Defense on arrest, detention, interrogation and extraction of confessions. A mere suspicion on the part of the Minister can warrant an arrest. Anything from taking a person from place to place for interrogation, seizing property can be done without the judicial oversight. The Minister can extend a detention order up to eighteen months. In practice, persons detained under the PTA have been kept in detention almost indefinitely till the case is concluded. Last year, two Tamil women were acquitted as not guilty, after being detained for more than 15 and 7 years respectively. Torture in custody is common practice and it’s rarely questioned in Courts. Even if it’s is brought to the notice of the Magistrate, the Magistrates have rarely taken proactive steps to safeguard the rights and welfare of the detainee. Under the PTA the Magistrate has no powers to intervene and hence. The PTA makes the judiciary is subordinate to the Minister of Defense under the Act. [34]

In May this year the Human Rights Commission has issued directives[35] to be followed by authorities when making arrests under the PTA. These include issuing the detention order in the language of the detainee upon arrest, identifying the person making the arrest to the arrestee and providing receipts for property seized. However it is yet to be seen whether these recommendations will be implemented. The President too has issued Directions to the Police and security forces, reiterating many of the directives issued by the HRCSL.

On the 13th of June, 2016, media reported that the government will introduce a new Act – the National Security Act – that will soon replace the PTA.[36] In addition, the government also hopes to enact two other counter-terror Acts – namely – the Prevention of Organized Crimes Act and the Intelligence Act.

On the other hand, there has been no mention of the review of the Public Security Ordinance (PSO) which the government committed to as part of the UN resolution it co-sponsored on 1st October 2015. It’s under the PSO that Emergency Regulations with provisions equally draconian as the PTA was in force for around 30 years.

It is the authors’ position that all crimes must be dealt with under ordinary law, with due checks and balances and judicial discretion and appeals. We strongly feel that the PTA should be repealed and fresh anti-terror laws should not be brought in, given that they tend to take away checks and balances, undermines judicial discretion and protection, severely undermines rights and liberties of persons and can be used to suppress peaceful and legitimate dissent. We also feel that the PSO should be reviewed and amended, to ensure that deceleration of emergency regulations are only in exceptional situations, are for specified short terms, subjected to strict parliamentary and judicial supervision with due checks and balances including eight of appeal, to ensure rights of persons are not infringed on.