Archive for the ‘Peace and Conflict’

New wave of abductions and dead bodies in Sri Lanka

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Image from Transcurrents In the past 5 months – October 2011 to February 2012 – there has been a disturbing rise in the number of abductions, especially in and around the capital, Colombo. Out of 29 abductions and 3 missing persons reported in media, most have not returned to their homes and families, rendering them ‘disappeared’ persons. The manner of these abductions has sent alarm bells ringing within the Sri Lankan human rights community, recalling the twin phenomena of the ‘white van’ and the unidentified gunman’ which plagued the country in the period from 1987/1989, and which prompted two visits to the island by the UN Working Group on Enforced and Involuntary Disappearances in 1991 and 1992. The discovery of a charred body of a man on a small street in Narahenpita, Colombo 5, on the morning of February 13 has served to heighten these concerns. There have been 10 bodies discovered in February in addition to the 7 abductions…

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  • 24 Feb, 2012
  • 3 Comments
  • Colombo,
    Jaffna,
    Peace and Conflict

Female ex-combatants of LTTE in post-war Sri Lanka

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[Editors note, 27th February 2012: It was brought to our attention by Valkyrie, a contributor to this site, that significant portions of this article have been plagiarised. A detailed account of this can be read at Doing the wrong thing for the right reasons: Plagiarism and the fate of LTTE surrendees. The issues noted in the video, and in general about the fate of women and former LTTE combatants, remain valid.] With the defeat of the LTTE, many female combatants and women who – willingly or unwillingly – worked with the LTTE surrendered to the Sri Lankan military. Initially, it was extremely difficult to get their details. However, in the last few months, the Government has released many “ex-combatants” after “rehabilitation.” Their reintegration back into the community has become a critical concern for women’s groups in the north. Many ‘surrendees’, as they are called, were not combatants but those who worked within the LTTE’s administration, while others were forcibly recruited even…

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A Road to Reconciliation in Sri Lanka: Will We Take It?

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Photo courtesy REUTERS/Dinuka Liyanawatte Despite the many limitations and criticisms levied at the final report of the LLRC, it must be recognized that in the presentation, the report reached a level of professionalism, objectivity and breadth in scope, within the relatively short period of time mandated to the Commission. The much talked about Truth and Reconciliation Commission of South Africa was not without its critiques. Many felt that the TRC was “weighted in favour of the perpetrators of abuse.” The ‘highest – profile of these objections’ was filed by the family of prominent anti – apartheid activist Steve Biko who was killed by the secret police and whose story was featured in the  film ‘Cry Freedom.’ The family felt the TRC “was a vehicle for political expediency” which denied them their ‘right to justice’.  Opposing amnesty for his killers, they brought legal action against TRC as unconstitutional.  There will be no report that will be free of criticism or be able…

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In Search of Something More than the 13th Amendment

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Photo courtesy First Post During his recent visit to Sri Lanka, India’s External Affairs Minister, Mr. SM Krishna reminded that President Mahinda Rajapaksa was committed to a ‘13th Amendment Plus approach.’ This has been an old promise of the Government, one which was so prominently made in 2008-2009 as well. The timing of this promise seems perfect; the next session of the UNHRC in Geneva is around the corner. 13A: debate The debate concerning the 13th Amendment to the Constitution of Sri Lanka has now been revived. A useful contribution made in recent times which contains important suggestions regarding the full implementation of the 13th Amendment is that of a principled advocate of federalism, Asanga Welikala (Groundviews, 12 Feb. 2012). Dr. Dayan Jayatilleka argues that the current deadlock can be broken by setting up an interim administration in the North (Transcurrents, 13 Feb. 2012). We remember the numerous contributions made in the past too. One particularly striking and lucid contribution…

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The 97% and the 3% in Sri Lanka

Skid steer loaders donated by China are pictured in Colombo

Photo courtesy Daylife/Reuters We all know about the 99% and the 1% and most of us know where we are or which we sympathise with. I’m with the 99%. But what about the 97% and the 3%? How many of us know about the 97% anyway? I didn’t until a few days ago, so I wouldn’t blame anyone, but those of you who read this article will know all about it when you’ve finished and you can figure out which side you’re on. I’m with the 97%. As you read on, it will be tempting to caricature the point and reduce the 97% to a partisan stance, which it is not. To spin it as such would be the most gigantic undeserved compliment one could pay an administration or a political bloc. The 97% is about a perspective on an important theme or cluster of concerns (‘national-popular’ in Gramscian terms) of the enormous majority of the country’s citizenry, which translates…

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LIVE AMMUNITION AND CITIZEN ENEMIES

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Photo courtesy www.dbsjeyaraj.com If the time ever does come for a comprehensive evaluation of security policies and legislation adopted during the privation and emergencies of war and the peacetime ‘stability’ of a post-war context, it would only be fair to conclude that the unpleasantness of the former far exceeds the unpleasantness of the latter, but it is still just that – unpleasant. It has not been that long since we read about the callous disregard for human life in a number shootings, which occurred in August 2011, where the police and military used live ammunition to ‘control’ protests that occurred outside police stations and military camps. That particular period passed us by with one protester shot dead in Pottuvil by the military, two protesters injured when the military shot at a demonstration in Kinniya and a few protesters injured when they were shot at by the police in Puttalam. If these incidents seem somewhat remote and indistinct, there is always…

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Arbitrary Detention in Sri Lanka: Internment, Rehabilitation, and Surrenderees in the Prison System

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Photo courtesy GlobalPost. Stephen Hird/Reuters. In January 2012 I traveled to Sri Lanka with a group of fellow students from the University Virginia School of Law.[1] We wanted to learn about legal issues in other countries, and we arrived in Sri Lanka eager to hear views from government officials, NGO workers, and local citizens. I chose to focus on arbitrary detention in a number of settings including the internment of IDPs from May to December 2009, the rehabilitation of former LTTE members, and the labyrinth of Sri Lanka’s prison system, including many who have disappeared while in custody or are being held without charge. The following is a brief summary of the testimony gathered from nearly three weeks of interviews in Sri Lanka. My interviews took place primarily in Colombo and the Vanni. A more in-depth exploration of arbitrary detention in Sri Lanka based on these interviews, including a substantial examination of Sri Lanka’s obligations under Article 9 of the International…

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Long Read: Creating Social Reconciliation or Social Implosion?

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Photo from The Struggle for Justice blog Introduction Lankan society in its post-1948 history has undergone many violent conflicts in the form of pogroms, insurrections, and a civil war. The latest round of violence said to have ended with the military defeat of the LTTE in 2009 continues now at a much lower level, but seems to operate throughout the land. These campaigns of violence have caused collective social trauma within the society. With the end of the war, the opportunity was ripe to rebuild the country and reconcile the many divisions. During the war, of course, many statements, assurances and pledges were made that the issues of Tamil people that culminated in an armed conflict would be resolved through major constitutional and legal reforms including devolution of power to the periphery, though after the end of the war, such measures are yet to come to fruition. International situation The reports of global capitalist financial institutions indicate that the present…

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Judicial Intervention to Control Lawful Rallies: Subverting democratic rights

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Photo courtesy JDS An Analysis on recent court orders obtained by Police to restrain meetings & rallies in Sri Lanka ### Basic Liberties cannot be taken away by any State Organ Let me begin this article with the following often quoted words, worth reading and digesting. “The law is not the private property of lawyers, nor is justice the exclusive province of judges and juries.  In the final analysis, true justice is not a matter of courts and law books, but of a commitment in each of us to liberty and mutual respect.”    (Jimmy Carter, Dallas-Times Herald, April 26, 1978). When court orders are frequently obtained by the police to restrain lawful protests and meetings, the public begin to wonder whether there is any legal basis for such actions, particularly when the Constitution guarantees freedom of association and freedom of speech.  From colonial days until recently Sri Lanka has not seen the police making such unusual applications to courts to…

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The Full Implementation of the Thirteenth Amendment: What Can Be Done?

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Photo courtesy CNN. AP/Getty Images. There has been in recent weeks a revival of interest in the full implementation of the Thirteenth Amendment, as part of a broader on-going debate triggered by the publication of the report of the Lessons Learnt and Reconciliation Commission (LLRC) about future constitutional reforms addressing the need for devolution and democratisation. As implicitly acknowledged by the LLRC, the salutary need for a new post-war constitution, or substantial reforms to the existing one, is a matter of pivotal importance in moving Sri Lanka from its ‘post-war present’ to a truly ‘post-conflict future.’ These fundamental reforms, however, will involve sustained negotiations among all stakeholders about details of process and substance, and are distinct from the set of issues with regard to how the implementation of the existing framework of devolution in terms of the Thirteenth Amendment might be undertaken. Without in any way foreclosing the need for more substantial reforms, the full implementation of the Thirteenth Amendment,…

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13-SOMETHING & TNA’S M.I.A MOVE

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“Our duty is to fight until the last minute for our country, for our planet and for humanity.” – Fidel Castro, Feb 4, 2012, launching his memoir, ‘Guerrilla of Time’ As world class singers of Sri Lankan Tamil parentage go, MIA isn’t half as good as a new voice, Bhi Bhiman, an American singer of blues–tinged folk music with a voice as clear and mournful as the whistle of a lonesome train coming ’round the bend. MIA’s flair for the theatrical far outstrips her singing talent. Giving the finger at the Super Bowl this month seems however to be politically symptomatic, because Mr. MA Sumanthiran, a sophisticated lawyer-politician, has just done that to the 13th amendment and prospects of a moderate yet substantive degree of power sharing. In an interview given to Namini Wijedasa, ‘MAS’ (as the newspaper bills him) says: “…The 13th is not a proper scheme. We have rejected it…The 13th Amendment was passed in 1987. If it…

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Who Killed Razeek? And Why? Unanswered Questions Two Years After His Abduction

Funeral of Pattani Razeek | Photo courtesy of Deutsche Presse Agentur

(Editors’ note: The report below is a follow-up from the last update about Mr. Pattani Razeek’s case, which was published on 17th August 2011 and can be read here.) 1. Background and key events: Mr. Pattani Razeek was a Sri Lankan Human Rights Defender who disappeared on 11th February 2010. At the time of his disappearance, Mr. Razeek was the Managing Trustee of the Community Trust Fund (CTF) (www.ctfsrilanka.org) and an Executive Committee Member of the Asian Forum for Human Rights and Development (FORUM-ASIA) (www.forum-asia.org). For over a year following the disappearance, there was no credible action by the police to investigate the case despite several leads. The chief suspect Shahadbeen Nowshaadh was not arrested until July 2011, despite being identified by police in May-June 2010.  The family, Puttlam Mosque Committee and those campaigning for justice in the case believe that the failure to arrest Nowshaadh is due to the involvement of Minister Rishad Bathiudeen, the Minister of Trade &…

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Climate Change, Food Security & Virtual Water an Asymmetric Threat to Sri Lanka

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Image courtesy Mercy Corps Today, in an integrated and inter-dependent world, Sri Lanka does not have the leverage to reverse climate change but mitigate and adapt. Climate change is caused mostly by human actions which began with the industrialised West and followed suit by emerging economies exacerbating this. Some consider climate change to be a negative result of human efforts for development whilst others consider it as irresponsible efforts for profit making at the cost of the planet. Wherever the argument lies, Climate Change is real and an effective response is very urgent. Human development is a necessity irrespective of one’s bearing towards the West or East.  The economic & development planners and the political leadership should seriously consider the sustainability of the society, region, country and then the world to achieve development that satisfies human needs without tipping the ecological balance that supports us. Overriding market capitalism that drives on the seats of global power today is an obstacle…

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The End of War in Sri Lanka: Reflections and Challenges released as iBook

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From 19 – 27 May 2010, Groundviews ran a special edition on the end of war in Sri Lanka. Over this week alone, the site received over forty-thousand readers and exclusively featured over eighty-thousand words of original content, one video premiere, over a dozen photos, generating over one hundred and fifty-thousand words of commentary. By popular request, The End of War in Sri Lanka: Reflections and Challenges, a compilation of content that appeared online in PDF form, was first released in May 2010. In mid-2010, it was published in print form. Today, we are relaunching the book as a free iBook on Apple iTunes. It is available as a direct download in 32 countries and regions, and readable on both the iPad 1 and 2 using iBooks. Ironically, Apple’s Sri Lankan iTunes store does not list the book, but you can easily download it to your Mac or PC using this link (138Mb iBook). Once downloaded, importing it to iTunes and synchronising it with your iPad…

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Can GOSL Implement LLRC Recommendations?

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Photo credit Ada Derana This is the question of the day. This is raised nationally and internationally and answers contrast for different reasons. In this article, I endeavor to briefly answer this question from a governance perspective, keeping in mind the present socio-political realities  in Sri Lanka. The President appointed the Commission of Inquiry on Lessons Learnt and Reconciliations (LLRC) on 15th May 2010 with a broad mandate to inquire into and report on specific matters, in terms of the Commissions of Inquiry Act. The title of the Commission and the mandate in general suggests that the objective of the appointment of the LLRC is to find ways for reconciliation among all communities, after a bloody ethnic conflict.  It is also possible to argue that the LLRC was appointed to advise the Head of the State on how to avoid a national tragedy in the future. The Warrant has, among others the following term of reference: “[inquire and report on] Institutional,…

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About Groundviews

Located at the Centre for Policy Alternatives in Colombo, Sri Lanka, Groundviews is a citizen journalism website that uses a range of genres and media to highlight critical perspectives on governance, reconciliation, human rights, the arts and literature, democracy and other issues. The site has won two international awards, including the prestigious Manthan Award South Asia in 2009. The grand jury's evaluation of the site noted, "What no media dares to report, Groundviews publicly exposes. It's a new age media for a new Sri Lanka... Free media at it's very best!"

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