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
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.