War Crimes and Intimidation: The Challenge of Human Rights Defenders in Sri Lanka
By Herman Kumara, Convener, NAFSO, Chair Person, Praja Abilasha Network, JH Sri Lanka
A mother shows her disappeared son's photograph at the Human Rights festival at Colombo. Photo Credit: Right to Life Sri Lanka
Life after the November 2013 Commonwealth Heads of Government Meeting (CHOGM) in Sri Lanka, a meeting between former British colonies, has not improved in Sri Lanka. We, members of civil society, now experience more aggressive harassment, oppression, threats, and media attacks. Some of our field activists have had to leave the country after the CHOGM. White van culture is continuing – white vans without numbered plates are used to abduct people. Media smear campaigns are taking place against prominent human rights defenders. Furthermore, the government has taken no actions to investigate into the killings, abductions and disappearances of media journalists and activists.
During the 2013 CHOGM, the Sri Lankan president was challenged to promote and protect the principles and core values of the CHOGM as its chairperson. Both Canada and India, the most populated democratic countries in the CHOGM, boycotted the meeting on the basis of the absence of democracy and core values of practice in Sri Lankan society today, including the oppression of ethnic and religious minorities.
Other leaders chose to come and raise concerns around holding Sri Lanka accountable for war crimes during the Fifth Eelam war between Sri Lankan state forces and the Liberation Tigers of Tamil Eelam (LTTE). British Prime Minister David Cameron very clearly raised his voice stating that he would support a U.S. sponsored resolution on accountability on Sri Lanka war crimes at the United Nations Human Rights Council in March 2014 if Sri Lanka fails to initiate its own investigation into those crimes.
The Alternative People’s Forum, organized by civil society, political parties and trade unions prior to the CHOGM, took the opportunity to raise concerns on human rights among the international community and leverage two important demands:
- Uphold the CHOGM principles
- Implement the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC), a Sri Lankan president appointed commission to learn lessons from the war and propose measures for the reconciliation of the country
Under the Platform for Freedom, a civil society initiative established in 2009 in which civil society organizations, media organizations and political parties work together, we raised the issues of the rights to life and freedom of expression, which we base on five major principles to democratize Sri Lankan society: 1) establish rule of law, 2) ensure equity, 3) power sharing, 4) ensure rights of ethnic minorities, and 5) guarantee a socially acceptable economic process.
In the Commonwealth charter, which Queen Elizabeth II signed as head of the CHOGM, the principles and core values are very clearly stated as: democracy, human rights, international peace and security, tolerance, respect and understanding, freedom of expression, separation of powers, rule of law, good governance, sustainable development, protecting the environment, access to health, education, food and shelter, gender equality, and the recognition of civil society.
Although these core values and principles are the legacy of the imperial regime of the Commonwealth, these principles continue to be the most needed in Sri Lankan society today.
Sri Lankans are being forcefully evicted from their homes and land. Land is being grabbed from the poor and handed over to rich through the ruling of the judiciary. 577 slum dwellers are to be evicted under the “City Beautification Programme.”
The Urban Development Authority (UDA) is illegally evicting families residing at Wanathamulla, Borella without respect for the Law on the acquisition of private property. Army personnel are threatening and intimidating residents to vacate their premises. The UDA is bound to follow the provisions of the Land Acquisition Act in acquiring land for specific public purposes for which it is in direct violation with these forced evictions.
These are not isolated incidents, but rather patterns in the use of the armed forces to violate and even circumvent the law and act arbitrarily - a continuation of the militarization of civil society.
Praja Abhilasha (PA), Joining Hands Sri Lanka, and the National Fisheries Solidarity Movement (NAFSO) attempted to produce a documentary film on land grabbing at Panama, only to be harassed and impeded by the National Investigation Bureau.
So, post CHOGM, with the U.S. sponsored resolution on Sri Lankan war crimes looming, divisions in Sri Lankan society are widening. Patriots and traitors are being unfairly labeled. And now, a new round of threats to human rights defenders is emerging.
Many activists are opting to leave country while the broader society is numb and paralyzed.
We as PA and NAFSO are taking steps to pro-actively awaken civil society towards broader social activism and movement building to challenge the injustices in society. We expect the international community, in the spirit of compassion, justice and peace, to work hand in hand with us.
