Sri Lanka: Ethnic Warfare Crippling Human Rights

For the past twenty years, a civil war has raged in Sri Lanka between the majority Buddhist Sinhalese and the Liberation Tigers of Tamil Elam (L.T.T.E.) - the military outfit claiming to represent the minority Tamil community. Conflicts of language and representation grew over the years to yield over 640,000 casualties and more than a million displaced persons since 1983. During this period, concerns multiplied about the L.T.T.E. practicing terrorism, forcing the recruitment of child soldiers, raping women, and stealing supplies. The Sri Lankan government used the brewing civil war to justify a firm grip over the actions and expressions of its people. The Sri Lankan army continued a massive military crackdown on the L.T.T.E. in early 2009, and officially defeated them in May 2009. But human rights groups have warned that this military crackdown involved a large-scale abuse of human rights.

The Allegations

The Sri Lankan government has been accused of ignoring human rights for years. A large number of disappearances and mass murders of political prisoners have been documented. The torture and rape of prisoners in custody has also been common. The recruitment of child soldiers has been reported, which has prompted the Asian Center for Human Rights to call on the International Criminal Court (I.C.C.) to investigate war crimes committed by the government (the Rome Statute of the I.C.C. lists the recruitment of child soldiers as a war crime).

The L.T.T.E. has also violated human rights in its quest to create a Tamil state. It has sponsored many terrorist activities, including the 1991 assassination of former Indian Prime Minister, Rajiv Gandhi. Civilians are often targeted, and in the L.T.T.E. stronghold in the north-east, torture, disappearances, arbitrary arrest, suppression of free speech and association, and intrusion into privacy are common.

During the 2009 government offensive against the L.T.T.E., human rights violations surged further. The government is accused of massacring surrendering opponents and incurring generating mass civilian casualties in its attempt to sweep Tamil-populated areas clean of militants. About 9,000 suspected militants are being held without legal safeguards or notice to their families. The L.T.T.E. was also responsible for many civilian casualties. Many civilian Sinhalese were targeted out of vengeance. The use of human shields and child soldiers continued to be reported.

The U.N. placed civilian casualties at 7,000 in 2009 alone. Most allegations have been denied by both sides.

Sri Lanka Refuses to Allow Probes

International organizations have repeatedly asked for an independent probe to look into atrocities committed by the Sri Lankan government and the L.T.T.E. Facts about casualties are murky, and many aspects of the offensive have been called into question. However, the Sri Lankan government has affirmed its commitment to resettle and protect Tamil civilians. It rejected any international probe within its territory. The Sri Lankan President told the U.N. Secretary-General, Ban Ki-moon that the government would look into abuse claims itself. Regarding accusations against the government, the Foreign Minister said: "This was both fictional and well-fabricated, with ulterior and sinister motives, in order to discredit the armed forces, as well as to embarrass the government of Sri Lanka." A past Sri Lankan state-sponsored probe into human rights violations was disbanded in June 2009 with its mandate unfulfilled and many cases left uninvestigated.

The Sri Lankan government has imposed barriers on international humanitarian aid in war-torn areas. Despite the government's shutting its door to the international community, it has appealed for international help in defeating international supporters of the L.T.T.E.

U.N. Action

The U.N. has sent officials to Sri Lanka to investigate such crimes in the past. In response to concerns following the defeat of the L.T.T.E., the U.N. Human Rights Council  held a special session on Sri Lanka in May 2009. The U.N. High Commissioner for Human Rights, Ms. Navi Pillai, called for an international investigation into war crimes by the government and the L.T.T.E. She criticized the Sri Lankan government for inadequately addressing the over 300,000 displaced people that are interned in government-run camps. A call was also made for human-rights and relief groups to be given free access to camps to provide humanitarian aid. The Sri Lankan government denied that Tamils were being deprived of aid.

In May 2009, the Human Rights Council passed a resolution- approved by 29 countries- clearing it of charges of human rights violations. A Swiss-E.U. draft resolution calling for an investigation into possible war crimes was dropped. Sri Lanka lobbied hard to garner support, which it won from countries like Cuba, India, South Africa, China and Pakistan. The resolution praised humanitarian aid given to displaced Tamils and condemned the L.T.T.E. Even as aid groups complained about being denied access to those in need, the resolution supported the government's right to provide access as it deemed appropriate to international humanitarian agencies. Most of the western countries, including all E.U. members, opposed this resolution. The U.S. ended its boycott of the Human Rights Council and was elected to the body only in May 2009. It became a voting member in June. Thus, the U.S. could not vote to influence the outcome of the special session on Sri Lanka. This incident demonstrates the importance of U.S. participation in the Council. U.N. Secretary General, Ban Ki-moon, has been criticized for obstructing calls for investigations in the region by praising the government for "doing its utmost" and for its "tremendous efforts."

Canada's representative said, "We regret that our reasonable proposals were refused and that the credibility of the Council has been further undermined by the result... the Council missed the opportunity to send a united message of concern about the situation and support for the victims of the conflict." Undoubtedly, there is room for the Human Rights Council to send a stronger message in support for the displaced Tamil victims, and to call for more humanitarian aid.

Sri Lanka is not a member of the International Criminal Court, and so can be investigated by it for crimes only through a vote in the U.N. Security Council, where China and Russia (who are likely to support the Sri Lankan government) can veto such a resolution.

In 2008, Sri Lanka lost its bid for a second term on the Human Rights Council after being accused of failing to prevent human rights abuses during the conflict with the L.T.T.E.

Politics and Reconciliation

The U.N. and several countries including India, China, and Egypt have praised the defeat of the L.T.T.E. However, without sufficient international pressure, the ghosts of the civil war may not be fairly investigated and dealt with. The U.S. State Department has acknowledged human rights abuses committed by Sri Lankan security forces. President Obama's representatives to the region have pushed for the political reconciliation of Tamils and the allowance of more foreign aid into Sri Lanka. The U.N. humanitarian chief has joined the calls for an independent probe into the region, but many hoped for a stronger response by Secretary-General, Ban Ki-moon. Because his appointment was greatly bolstered by China, and the Chinese have been shielding the Sri Lankan government, there are fears that he is restraining himself from sympathizing with the victims.

Reports of torture of suspected L.T.T.E. militants by the government and other human rights abuses continue. Regardless of the effectiveness of the victory over the L.T.T.E., the government needs to win peace and the support of the Tamils. A truth and reconciliation process is urgently needed, where both sides of the conflict can acknowledge crimes in the hope of overcoming the past and working together for the future. The government must show respect for Tamils' religion, culture and language, and assure their access to resources and opportunities. It was these grievances that led to the creation of a radical Tamil outfit in the first place.

The government must move swiftly to integrate the estimated 3,000,000 Tamils in Sri Lanka, and secure their rights. The world is watching, and will hopefully put adequate pressure on the government to bring justice for past atrocities and prevent the occurrence of future ones.

Useful Links:

Amnesty International Reports
Human Rights Watch Report