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Home > Struggle for Tamil Eelam > Sri Lanka Accused at United Nations > UN Commission on Human Rights 1991 > Sri Lanka Statement

UN COMMISSION ON HUMAN RIGHTS
47TH SESSIONS FEBRUARY 1991

Statement by Mr.Bradman Weerakoon, Leader of Sri Lanka Delegation, under Agenda Item 12 on the Question of the violation of human rights and fundamental freedoms in any part of the world with particular reference to colonial and dependent countries and territories, 25 February 1991

Mr. Chairman,

Cooperation with the United Nations bodies dealing with human rights has been a consistent and long-standing policy of Sri Lanka. We have voluntarily provided information and funds, within modest means available to us, to United Nations efforts in this regard. We intend to continue to pursue this policy.

Mr. Chairman, in the past two years particularly, Sri Lanka has had to cope with two interlocking crises - one in the South and the other in the North. In the South, the violence of the JVP challenged the established systems of democratic Government. In the North the militant LTTE sought to establish a separate State through the force of arms and threatened the unity and integrity of the nation. The challenge for Sri Lanka was how to deal with these twin threats to its structure, and to its democratic mode of functioning, whilst still maintaining and protecting the human rights of all its citizens.

I shall attempt, in the few minutes at my disposal, to make three main points. Firstly, to set the context in which the Government was compelled in 1989 and 1990 to move resolutely against armed attempts to destroy both democracy and the unity of Sri Lanka. Most of you distinguished delegates know the facts. In both instances,, the action of the Government was reactive to deal with a critical situation which had arisen. The primary objective was the peaceful resolution of deep-seated grievances. In this spirit, the Emergency was lifted in January, 1989. 1,500 JVP detainees were released and the JVP invited to the negotiating table.

But these moves were of no avail.

The JVP misinterpreted the Government's preference for a peaceful solution as a sign of weakness and sharply stepped up its campaign of violence and intimidation. They were responsible for thousands of murders. The victims included people perceived as 'traitors', prisoners, security services personnel, and their families, members of political parties, voters at the Presidential and Parliamentary elections, senior public officials, media personnel, Buddhist monks and left-wing Opposition activists. They called strikes, threatened to murder those who refused to participate, destroyed Government offices, Tea factories and a great deal of State property.

Normalcy has now been restored in the South and civil society reestablished. But the restoration of peace has inevitably had its costs. Many service personnel and insurgents lost their lives in combat. Several thousands of young JVP activists had to be detained. Of the original 14,000 taken in, 3,000 have been released, around 5,000 are undergoing community-based rehabilitation, and about 6,000 are in detention awaiting trial through the normal courts system. The Government is also determined to take firm action against vigilante groups and individuals who may have been indulging in reprisal killings. We have set in motion an economic regeneration process to deal with the root causes which contributed to the insurgency.

In the North, the Indian Peace Keeping Force (IPKF) had since 1987 been attempting to disarm the LTTE in terms of the Indo-Sri Lanka Agreement. That struggle cost the lives of over 1,500 Indian soldiers, thousands of LTTE cadres and the lives of many thousands of Tam ii civilians. Even before the departure of the IPKF, the Government had taken the bold step of opening negotiations with the LTTE unconditionally, with a view to a peaceful settlement. However, the optimism and hope which my Government reflected at the last session of the Commission were shattered on 11 June, 1990 by the unprovoked attacks on Police Stations, the surrender of over 800 Policemen and the eventual murder of most of them by the LTTE. Once again in the face of terror, the Government had no other alternative but to respond firmly to deal with the challenge to the integrity of the State, the disruption of essential services and the threat to citizens of all communities. So, regrettably conflict rages again with tragic loss of life to combatants and immense suffering of civilians - Tamils, Muslims and Sinhalese.

The second point I wish to highlight is the accountability of the Government to the people for the actions it has had to take. This accountability is ensured through the democratic mechanisms that have long been a part of the Sri Lankan polity and society. For example:

* The National Parliament elected in 1989 on the basis of Proportional Representation debates
monthly the continuation of the Emergency;

The Press, both local and foreign, continue to report news uncensored. Foreign correspondents are free to travel around the country and report;

* NGOs like the Bar Association, the Civil Rights Movement, the Mothers' Front, the Churches, Citizens' Committees, etc. freely ventilate issues relating to alleged violation of human rights;

* A Committee of Parliamentarians has been active over the last two years highlighting issues
relating to human rights.

* A vigilant international community headed by Sri Lanka's aid donors regularly reflect their
concerns to the Government;

* The Supreme Court has initiated action to hear Fundamental Rights violation pleas of persons in detention camps. Habeas Corpus applications are today before the Court of Appeal. An amendment to the Constitution to expand and strengthen fundamental Rights has been placed before Parliament last December;

* A Human Rights Task Force composed of senior public officers is monitoring the prosecution of cases against those charged with excesses in the performance of security duties;

* The ICRC, active in Sri Lanka since November 1989 is helping to trace missing persons. It also monitors those in detention by regular inspections of detention centres and Police Stations. The UNHCR also has a presence in the country.

* In January, an Independent Commission of Inquiry of retired Supreme and Appeal Court Judges was appointed to look into cases of alleged disappearances;

* Peace Committees have been setup throughout the country bringing together the Police, the Temple or Church and the School, so as to inculcate in people respect rather than fear of the law;

* In 1991 the UN Working Group on Disappearances will visit Sri Lanka. The Government has also decided to invite the Special Rapporteur on Summary or Arbitrary Executions to visit Sri Lanka during the course of this year.

My final point is about the situation in the North which has been referred to by several speakers. The conflict that is now on is not against the Tamil people but against the LTTE. This militant group well armed, well financed especially from abroad and committed to "Tamil Eelam" , a mono-ethnic separate State, continues its guerrilla warfare against the Government. Following the temporary cease-fire at the beginning of the year, the Government has called upon the LTTE to resume talks with the Government:

- Such talks would be with the leader of the military wing of the LTTE.

- Talks should be preceded by a declaration against the possession and use of arms by any group or persons other than those authorized by law

- All political parties including the six Tamil parties now in the All Party Conference (APC) would be invited to participate in such talks.

If the invitation for talks on these terms is accepted by the LTTE, the Government has stated that it would be prepared to suspend offensive operations against the LTTE. The Government has also called upon the LTTE to release all hostages they are holding, to stop recruiting for combat young boys and girls, to stop acts of extortion and terrorisation of civilians as a means of obtaining their support, and to allow humanitarian access to all prisoners in their custody.

Unfortunately, the LTTE perhaps uncertain of the political support it can obtain prefers to pursue its goal through violent means.

In the meantime, within the APC, six Tamil parties and two Muslim parties representing the 32% Muslims in the East are working out proposals for power sharing in the Northern and Eastern Provinces. These arrangements also contain recommendations for increased devolution of powers to the Provincial Councils. So, along with the strategy of militarily weakening the LTTE, there is also unfolding a viable political option, whereby and normalcy may once again be restored northern and eastern Sri Lanka.

I am distributing an Aide-Memoire for the information of the Members of the Commission supplementing my comments. Thank you.

Sri Lanka Aide Memoire, 30 January 1991.

1. Several reports by various sources, including NGO's, have appeared concerning the situation in Sri Lanka, and some of them have referred to reported human rights concerns. These reports pertain to the northern and eastern parts of the country where a separatist terrorist group, the Liberation Tigers of Tamil Eelam (LTTE) has refused to give up violence and has rejected the democratic electoral process thus denying their own (Tamil) community the right to select their own representatives. Some other reports referred to the situation in the southern part of the country where, in 1989, a subversive group indulged in massive wave of violence seeking to undermine the democratically elected Government. These reports naturally interest the delegations attending the 47th session of the Commission on Human Rights February / March 1991.

2. The present Government of Sri Lanka, which is the 9th elected Government of the country since independence, is deeply conscious of the human rights concerns voiced both nationally and internationally. This is due to the fact that all political parties including the Government party take very seriously their accountability to the electorate, and are mindful of Sri Lanka's responsibilities under international human rights instruments. The Sri Lankan electorate has often voted several Governments Out at successive general elections. There is also wide public discussion of these matters including by the free press in the country.

3. Accordingly, the Government has taken a number of measures, on a broad front to address both the root causes of these problems as well as the human rights concerns voiced at a time of escalating violence in 1989.

(a). The situation in the southern part of the country has returned to normal. There have been reports regarding alleged excesses by security personnel and by unidentified groups. The President of Sri Lanka has appointed (early this month) an Independent Commission of inquiry with wide investigative powers to examine all aspects of reported cases of alleged involuntary removal of persons and related human rights concerns. The 3 member Commission is headed by a retired Supreme Co6rt judge and consists of independent members of the judiciary and the legal profession. The commission is mandated to:

- investigate into any complaints of alleged involuntary removal of persons.
- establish facts of such cases with a view to identifying the persons or groups for such acts
and recommend action to be taken against offenders.
- ascertain whether there is any lacuna in the present laws in this regard
- recommend immediate measures to prevent the occurrences of such illegal activity.

The general public will be free to provide information to this independent commission and the Government has declared both in Parliament and outside that it will not spare any effort to prosecute the offenders. The Supreme Court and independent entities such as the Bar Association of Si Lanka (BASL) are augmenting these efforts to provide legal redress and to prosecute offenders. Under these procedures a number of cases are being filed with the Supreme Court and other competent courts.

(b). The UN Working Group on disappearances has been invited to visit Sri Lanka. The Government is hopeful that the visit could take place this year depending on the Working Groups work programme.

(c). The ICRC is already functioning in the country. They are given all facilities and access to places of detention and to the general public. Their recommendations are receiving the serious
attention of the Government at the highest level with a view to their-implementation.

(d). UNHCR has a presence in Sri Lanka and is contributing greatly in the programme regarding the return of "refugees" from South India.

(e). The Government has continued its cooperation with all UN bodies dealing with human rights and has voluntarily provided fullest possible information to all 'monitoring mechanisms', as their reports to the Commission would indicate.

(1). An all Party Conference (APC) representing democratic political parties of the Government and Opposition continue to discuss / negotiate the crucial national questions with a view to developing a national consensus on those issues. As a result of these efforts, the recommendations of an Independent Commission on Youth Unrest are being implemented with the view of ensuring social justice and of integrating the youth into democratic political life. The APC efforts have also resulted in legislation being enacted to expand existing constitutional guarantees of fundamental rights. As an integral part of this 'mot causes approach' a massive poverty alleviation scheme is being implemented with international assistance.

4. In order to understand the difficulties faced by a democratically elected and 'accountable' government of a developing country on the one hand, and the broad range of measures adopted by the Government despite these constraints on the other, it would be necessary to appreciate the complex context in which these human rights concerns have been reported.

5. In 1989 and 1990 the Government of Sri Lanka has conducted negotiations with the LTTE for over one year to persuade this group to join the democratic political process and face elections so that Tamil people could elect their own representatives, including those of the L1TE under the newly created regional power sharing structures (Provincial Councils). These were created to make a substantial devolution of administrative power to various regions of Sri Lanka (13th Amendment to the Constitution).

6. All other Tamil parties and communities including the majority of the Tamil people favoured this devolution of power as a solution and wanted lasting peace. All Tamil parties including the former militant groups except the L'ITE have thus rejected violence and entered the democratic process.

7. The Government persisted with its efforts to negotiate with the LTTE, as everyone agreed that remaining issues can be solved through negotiations. In this process, the Government took action to create a provincial police force representing the ethnic-mix of respective areas, removed or reduced certain security force establishments in the North and East, instructed security forces not to take any action which might be construed by the LTTE as adversely affecting the political negotiations, and dissolved the-North-East-Provincial-Council so that fresh elections can be held in that area. As the London Economist of 16 June 1990 put it "the Government has given in cravenly to all demands of the Tigers (LTTE)'. Clearly, the LTTE was not interested in democracy or elections.

8. Even while holding talks with the Government, and despite the above action taken by the Government, the LTTE continued to prepare for violence (the media and diplomatic community have long noted these preparations). The LTTE has also continued to eliminate the leaders and cadres of other Tamil parties who were preparing for elections. The LTTE carried out massacres of the key members of the one of their rival Tamil parties in the South Indian State of Tamil Nadu, creating instability in that country as well. The leaders of the Tamil United Liberation Front (TULF) who were Members of Parliament were systematically murdered by the LTTE. It is evident that the LTTE had not given up extortion, smuggling, drug trafficking and gun-running to sustain itself and its massive arsenal. These activities have been carried out nationally and internationally. Several Indian journals have reported how these activities by the LTTE have caused deep concern to authorities there. The Government of India stated that it will not allow its soil to be used by such terrorist elements, as the LTTE has become a destabilising element in the region.

9. The LTTE's unilateral totally unprovoked decision on 10 June 1990 to resume terrorist attacks and reject the path of negotiations were deplored by all other Tamil parties and others nationally and internationally. Many were in fact puzzled by the LTTE's action since the Government has conceded almost every pre-negotiation request made by the LTTE. It appeared that the LTTE was uncertain about facing and winning elections at this point and that it was confident of achieving its objective of creating a one-party mono-ethnic state in northern Sri Lanka.

10. The LTTE launched terrorist attacks on police stations in the North and East on 10 June 1990. These were the very police stations (mainly manned by Tamil officers) set up at the request of the LTTE. Nearly 800 policemen were kidnapped and about 200 of them murdered by the LTTE. Two cease-fires arranged by the Government (despite these unprovoked attacks) were blatantly ignored by the LTTE. Since then LTTE carried out a series of massive and brutal killings of civilians of all communities. Muslim, Sinhala and Tamil. Among the Tamils killed were 13 members of another Tamil group (EPRLF) who were killed in South India. During this period the L1TE continued to murder innocent civilians. In one week alone, the LTTE murdered nearly 500 Muslim civilians in the Eastern Province including hundreds of Muslim praying at Mosques.

11. The LTTE campaign of terror in the North and East has severely disrupted normal civilian life, the human rights of the population, and their right to life. Further, forcible conscription of children, extortion and the forced expulsion of non Tamil communities in order to bring about a demographic change, has resulted in a large number of persons fleeing the North and East, to other areas of the country and even overseas. Over one million persons are reported to be internally displaced. The LTTE continues with its policy of ethnic segregation.

12. The Government has been compelled to take reactive action as an unavoidable response to meet the violence of the LTIE. However, the Government underlines the fact that the conflict is not against the Tamil people, but against an armed group espousing terrorism.

13. The Government of Sri Lanka acknowledges that any situation of conflict where security forces are called upon to take action against terrorists who shield themselves behind civilian areas can lead unwittingly to some civilian casualties. However, the Government wishes to stress that great care has been exercised to avoid civilian areas, and advance notice given to civilians of intended operations. The assistance of the ICRC, UNHCR, and national and international NGOs have been obtained to care for the civilians and to minimise hardships to them. In fact, the security forces were instructed not to take action in certain areas (eg: Mannar in the North) in order to avoid casualties among the civilians behind whom the terrorist had taken refuge.

14. A massive effort at a substantial financial cost has been deployed by the Government in order to alleviate hardships posed to the civilians in the North and East.. A Commissioner General of Essential Services (CGES) was appointed with wide powers in order to take appropriate steps to provide relief and rehabilitation to the affected population.

The ICRC has helped the CGES in the transport of food to the North-East. Around 8,000 - 10,000 tonnes of government relief supplies are transported monthly by sea to Jaffna under ICRC auspices. An additional committee of representatives of Ministries involved in the supply of essential services ensured the smooth and continuous supply these services. A fleet of ships has been chartered / dedicated to supply essential items by sea as the L1TE has blown up land routes and bridges.

Supplies by sea will continue until security forces restore land routes. Further 726 welfare centres were set up in the North and East itself, and further sums have been allocated by Parliament to maintain supplies of food and medicine. People have also been encouraged to return to areas which have been cleared of the LTFE and are now considered 'safe' for civilian life. A programme of rehabilitation and an additional allocation of free food rations have been made available to these persons, in order to facilitate their re-integration into their former homes.

15. On the 31st December 1990, the LTTE declared an indefinite unilateral cessation of armed hostilities against the government security forces. While welcoming the LTTE offer, the Government of Sri Lanka weary of the past duplicity of the LTTE, as revealed in their unprovoked attacks of June 1990, cautiously reciprocated by suspending offensive operations against the LTTE in the North and East for an initial period of 7 days. The Government was willing to "consider extending 7 day period of suspension of offensive operations provided there is a continuing adherence to the conditions that govern the cease-fire.

16. However, careful monitoring or the cease-fire revealed that over 34 violations by the LTTE had taken place during the initial 7 day period. Many of these had been of a serious nature, involving the loss of life. Further the invitation extended to the LTTE by the Government to resume talks with the Government and all other political parties on the condition that such talks "be preceded by a declaration against the use and possession of arms by any group or persons not authorized by law" was not acceptable to the LTTE. The LTTE's intolerance of opposing Tamil parties also continued. Thus it was evident that the LTTE's cease-fire had not been dictated by a genuine desire for peace, but was a ruse to gain time to recoup their forces. Therefore, resulting from the consensus reached by the Government -in its discussions with representatives of several political parties, including representatives of Tamil and Muslim communities, and in pursuit of a negotiated settlement to the problems of the North and East without the threat of LTTE violence, the Government had no other alternative course of action but to not extend the temporary suspension of offensive operations.

17. The Government however reaffirmed its continued commitment to a political solution through negotiations if the LTTE is willing to cease violence in a verifiable way and to negotiate with all parties concerned and to face elections. The Government meanwhile continues its dialogue with all other democratic political parties of Tamil and other communities within the framework of the All Party Conference (APC) with a view to resolving the problems. of the North and East on the democratic foundation of consultation, compromise and consensus.

18. The southern parts of the country had been in the past two years subject to violence and disruption of normal civilian life due to activities by a subversive group of youth called the JVP, who sought to undermine the elected Government through violent means. Civilians in these areas suffered hardships resulting from the acts of violence and intimidation by the IVP. Normalcy has since been restored in these areas. Democratic institutions are now functioning normally and the government is concentrating on large scale socio-economic development projects in the area.

19. However, the Government is aware of, and takes into serious consideration the phenomenon of residual violence that is reported to be lingering in these areas as a result of revenge killings by unidentified persons. the Government and the independent judiciary have also taken a series of measures to address a number of human rights concerns reported during a period of escalating subversive violence and the response of security forces thereto.

20. The Government has adopted a two pronged approach to the violence which ensued from the JVP movement. It has sought to simultaneously identify the complex socio-economic and political shortcomings which led to the emergence of such a violent subversive movement as well as to legally redress the allegations of excesses reportedly committed by whatever group responsible.

21. The objective of the former approach is to identify the socioeconomic and political shortcomings of the society as a whole, in order to implement necessary measures to prevent the recurrence of such violence. Accordingly, consequent to a consensus which emerged as a result of the All Party Conference, a Presidential Commission on Youth was appointed. This Commission, mandated to inquire into the "causes of unrest among youth" highlighted several shortcomings in the socio-economic and political structures of the country. The Government has not only agreed to a major part of the recommendations made by the Presidential Commission on Youth, but has also already implemented several of them- (Details of these measures have already been furnished to the Commission, the Sub Commission and to various monitoring mechanisms of the Commission).

22. The Government further takes serious note of the reported allegations made concerning the phenomenon of missing persons and illegal activities related to revenge killings. These and other reported human rights concerns are the second aspect of the Governments approach for resolving issues arising from both the causes and consequences of the JVP violence.

23. The Government accepts its duty to investigate all reported illegal activities related to revenge killings and alleged disappearances as this was already identified by an independent commission headed by a retired judge of the Supreme Court appointed by the Government itself in 1989.

24. A Task Force on Human Rights consisting of representatives of relevant ministries, and law enforcement authorities also monitors all reported human rights concerns, and maintains a dialogue with local Human Rights Groups and Heads of Diplomatic Missions in Sri Lanka..

25. The government of Sri Lanka is deeply concerned about reports concerning alleged excesses attributed to the security forces. Acting on the premise that the actions of the security forces are accountable to the law, an important aspect of the mandate of the Task Force on Human Rights is to expedite Departmental and Court action to be taken against any officers charged with alleged excesses. Further several cases filed against Police and Army personnel related to alleged excesses are at present pending in the Courts. Details of these cases can be available for perusal.

26. Further, the Government has continued to cooperate with UN and other international bodies to supplement its own efforts to address these human rights concerns. In this regard the Government has invited the UN Working Group on Disappearances to visit Sri Lanka with which it has continuously maintained a dialogue. The 1CRC which is already functioning in the country has been afforded free and comprehensive access and their confidential reports are receiving serious attention of the Government.

27. With regard to those taken into custody on suspicion of subversive activity, the Government is in the process of either releasing those against whom there is no evidence concerning illegal activities, or in providing vocational training to those in detention with a view to reintegrating them into productive society. In order to expedite the process, a Committee (Jayalath Committee) headed by a retired judge of the Court of Appeal and consisting of civilian officials and a representative of the National Human Rights Centre, has examined the cases of a large number of suspects with a view to identifying those eligible for release. A large number of suspects were released consequent to this exercise. A major rehabilitation programme is also underway to develop vocational skills of the persons concerned. Todate 2368 detainees in over 14 such training centres in various parts of the country have been released, and 2368 of them have already commenced their own independent productive economic activity in society.

28. In order to ensure that international norms regarding detainees are maintained, the Government of Sri Lanka has invited the ICRC to carty out its humanitarian mandate by visiting prisons and detention centres to observe conditions therein first hand. The ICRC has access not only to all security and detention authorities but also to members of the political executive at the highest level. The ICRC has made several confidential reports consequent to their visits to detention centres, all of which are being considered at the highest level with the view to implementation.

29. Further, non-governmental institutions like the Legal Aid centre of the Bar Association of Sri Lanka continue to file Fundamental Rights applications in the Supreme Court of Sri Lanka, on behalf of persons taken into custody on suspicion of subversive activities.

30. Concerning the general phenomenon of violence in society, the Government is aware that one of the primary causes for its lingering presence is the recent increase in the number of weapons at large. With the return of normality in most parts of the island, e security cover given to individuals has been reduced, and such police personnel will now be made available to carry out normal law and order functions. The provision of weapons to the politial parties is also being reviewed and the government is taking necessary legal action against retention of weapons. Consequently, the reduction of weapons in circulation could be expected to reduce tension and violence.

31. Consequent to a consensus achieved in the All Party Conference, legislation is being tabled in Parliament to enlarge the scope and extent of Fundamental Rights already enshrined in the constitution. All citizens are free to approach international human rights bodies and an active Bar Association functions in the country in this connection. An important role is played by the media in the protection of Human Rights. Freedom of the Press is evident in the free reporting of incidents of violence or other human rights issues, and in the presence of both local and foreign journalists in all parts of the country. There is also a Parliamentary Committee on Human Rights which functions within the framework of the elected legislature.

Despite constraints imposed by violence and related security considerations, the Government has encouraged these activities as it believes that any Government or political party in a country such as Sri Lanka, where universal franchise has been the basis of forming successive governments, should be cognizant of its accountability to the electorate and that the best defence of human rights lies in the safeguarding of democracy.

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