UN SUB COMMISSION ON PREVENTION
OF DISCRIMINATION AND PROTECTION OF MINORITIES
40TH SESSIONS : AUGUST 1988
Intervention by Mr. Martin Ennals,
Secretary General of International Alert
- made on behalf of the Minority Rights Group, endorsed and
co-sponsored by several NGOs including Human Rights Advocates, Pax
Christi, International Commission of Jurists, Pax Romana, League for the
Rights and Liberation of Peoples, International Movement for Fraternal
Union Among Races and People
"The UN Commission on Human Rights, its Sub-Commission and other
international human rights organisations have been deeply concerned about
the human rights situation in Sri Lanka in the context of the ethnic
conflict that has been plaguing the island for the past several years.
Among other issues, arbitrary arrests, detention without trial for
prolonged periods, torture of detainees, deaths in custody, extra-judicial
killings and the operation of the Prevention of Terrorism Act and Emergency
Regulations promulgated under the country's internal security laws have been
the subject of several reports by reputed international human rights
organisations and Human Rights Commission's Working Group on Enforced or
Involuntary Disappearances and the UN Special Rapporteurs on Torture and
Arbitrary Killings.
The concern with which the Commission of Human Rights viewed the
situation in Sri Lanka was reflected when the Commission at its 43rd
Sessions unanimously adopted a resolution on Sri Lanka.
The signing of the Indo-Sri Lanka Agreement in July 1987 by Sri Lanka's
President J.R. Jayawardene and the Indian Prime Minister Rajiv Gandhi raised
much hope about a negotiated peaceful resolution of the ethnic conflict, a
return to harmonious relationship between the Island's Sinhala and Tamil
communities and an end to abuse of human rights.
The Agreement, inter alia, provided for a degree of devolution of
executive and legislative powers through the establishment of Provincial
Councils as a means of meeting the demand for autonomy by the Tamil militant
groups, a general amnesty for Tamil political prisoners and for the
discussion on 'residual matters' in dispute. Jayewardene, the Indian Peace
Keeping Force arrived in the island in the wake of the singing of the
Agreement.
One year after the agreement, it is evident that the hopes and
expectations raised a year earlier have not been fulfilled.
To begin with, extremist elements within the Sinhala community
represented by the Sri Lanka. Freedom Party and the JVP (Peoples Liberation
Front) opposed the Agreement and the latter initiated a campaign of violence
which continues to this day unabated. Government party members and
supporters, state officials and security service personal, and even those
belonging to the opposition United Socialist Alliance which support the
Agreement have become victims of this campaign of terror and murder.
The Provincial Council Law enacted by the government in pursuance to the
Agreement has been described as inadequate to meet with 'aspirations' of the
Tamil people. The Agreement also provided for further negotiations on
outstanding matters but such negotiations have not take place.
There was renewed violence in the north and east of the country in
consequence between and among Tamil militant groups and following attacks
upon Sinhala settlers in the eastern province.
There was only a partial surrender of weapons by Tamil militant groups.
Dispute in regard to the composition of an interim administration for the
north and east remained unresolved.
On the alleged ground that the Tamil militant groups had not observed the
Agreement in regard to the surrender the release of Tamil political
prisoners which it had begun immediately after the Agreement.
The dominant Tamil militant group, the Liberation Tigers of Tamil Eelam
(LTTE) accused the Indian Peace Keeping Force (IPKF) of assisting the other
Tamil militant groups to launch attacks upon the LTTE...
Eventually the IPKF launched an offensive in October 1987 against the
LTTE and its bases claming that the offensive was aimed at enforcing the
provisions of Agreement in regard to the surrender of weapons. The resulting
confrontation between the IPKF and LTTE has been fierce and is continuing to
this day. Besides the casualties on the sides to this confrontation,
The IPKF is presently engaged in cordon and search operations north and
east of the country. Hundreds of Tamil youth whom the IPKF have been rounded
up and detained in the course of these operations. Instances of torture
and deaths in custody have been established by reliable testimony.
The glimmer of hope raised by informal negotiations between Indian
officials LTTE leaders in Madras and South India disappeared when
negotiations broke down in early July this year. Since then, the operations
by the IPKF have been intensified and the LTTE has expressed its
determination to engage in a protracted guerrilla struggle.
In the South
The JVP continues with its campaign of killing
all those who support the grant of limited autonomy through the
establishment of Provincial Councils and those who support the Indo- Sri
Lanka Agreement. An estimated 325 persons have been killed in the course of
this campaign.
The Government has responded to this JVP campaign by resorting to the
use of arbitrary arrests and detention of persons alleged to be members of
the JVP Many cases of torture and 'disappearances' also have been reported.
To meet the threat of individual assassinations, the Government has promoted
the creation or armed private 'vigilantes', and distributed weapons to
Ministers, MPs, and the other senior state officials besides security
service personnel. There is also increased use of the Special Task Force and
other paramilitary forces. The government has also enacted a law granting
immunity to security service personnel who might break the law in the course
of performing their functions.
Attacks on Human Rights Workers
For the first time, human
rights activists and independent social and relief workers have become
targets of non-state armed entities.
Organisations like the Civil Rights Movement, Campaign for the Release
of Political Prisoners, Movement for the Inter-Racial Justice and Equality,
Centre for Society and Religion, Marga Institute, etc, which have been
active in the past in raising issues concerning the violation of human and
democratic rights, and which have advocated rights, and which have advocated
a negotiated political solution to the ethnic conflict by the grant of the
legitimate rights of the Tamil people, and which supported the Indo-Sri
Lanka Agreement as a means to settle the conflict have received death
threats from the Patriotic Armed Unit, which is believed to be the armed
Unit, which is believed to be the armed wing of the JVP. It is this
organisation which assassinated the leader of the United Socialist Alliance,
Mr Vijaya Kumaranatunga.
In the north and east of the Island, independent human rights activists,
members of local Citizens Committees and Relief and Social Service
organisations have not only come under pressure to fall in line with the
demands of armed groups, but have also been killed, kidnapped or
disappeared. Members of Citizens Committees who have an independent approach
are forced to resign and in their place those who are likely to fall in line
are substituted. A Catholic priest, Father Chandra Fernando who was the
Secretary of the Batticaloa Citizens Committee in the eastern province was
the Secretary of the Batticaloa Citizens Committee in the eastern province
was murdered in his own church in June this year allegedly by an armed Tamil
group. A dedicated and committed human rights activist and who concentrated
his efforts to provide relief and rehabilitation in Tamil areas, Mr K.
Kanthasamy was kidnapped by an armed Tamil group in northern Jaffna on June
19 and has not been seen since. Eye-witnesses to the kidnapping have alleged
that the Tamil militant was responsible for his kidnapping and
'disappearance'.
Such targeting, threats, kidnappings and killings pose a grave danger to
independent and impartial human rights, social and relief workers.
"The Commission of Human Rights and its Sub-Commission and Non
Governmental Organisation concerned with the situation in Sri Lanka have at
all times advocated the non use of violence and called upon all parties to
arrive at a negotiated solution to the ethnic conflict and other associated
problems facing the people of Sri Lanka. They have also called for an end to
human rights violations and impartial investigations into such violations.
"Taking account of the present situation in Sri Lanka, we urge the
Sub-Commission on the Prevention of Discrimination and Protection of
Minorities to:
Call for a cease-fire of armed hostilities between the IPKF and the
LTTE;
Call upon all parties to recognise the Indo-Sri Lanka Agreement as a
basis for the settlement of the ethnic problems, and to initiate
negotiations on outstanding matters in dispute with a view to reaching a
comprehensive negotiated settlement:
Specifically call upon the Sri Lanka Freedom Party and the Peoples
Liberation Front (JVP) to join in the process of helping the resolution of
the problem by negotiations; and in this context call upon the Peoples
Liberation Front (JVP) to end its present armed campaign;
Call upon the Tamil militant groups to bring an end to their internecine
armed conflicts and resolve their differences by democratic discussion
recognising each other's rights to exist and function within the framework
of the law and generally accepted principle of democracy;
Call upon the government to release all political prisoners forth with;
Call upon the government to institute impartial investigations into all
cases of alleged torture arbitrary killings and 'disappearances';
Condemn the killing of Rev. Father Chandra Fernando and the abduction of
K.Kanthasamy, call for the release of the latter, and call upon all parties,
including the government, the JVP and Tamil militant groups, to recognise
the right of independent human rights activists, members of Citizen
Committee, Relief and Social Service organisations to perform their much
valued services without pressure, threat or intimidation.
Call upon the Working Group on Enforced or Involuntary Disappearances
and the Special Rapporteurs on Torture and Arbitrary Killings to pursue
their investigations into violations of human rights and humanitarian law in
Sri Lanka.
Statement by Ambassador
Nihal Rodrigo, Permanent Representative of Sri Lanka, Geneva
The intervention last afternoon by the Representative of the
Minority Rights Group who spoke theatrically of four "actors" in the Sri
Lankan drama was somewhat confusing in that it did not clearly identify
areas of responsibility for the continuation, even the exacerbation, of the
unfortunate developments in the country. Some of the comment missed basic
facts. The situation in Sri Lanka is certainly very complex and this is not
surprising. It would be useful in the circumstances if I make some brief
remarks by way of clarification which might help to place the evolving
situation in a more complete and proper perspective.
The Sri Lanka Government's commitment to a negotiated political
settlement of the country's ethnic issues has not been diminished despite
the continued violence of terrorist groups against Sri Lankan civilians of
all communities, against service and government personnel and against
members of the Indian Peace Keeping Force.
I hardly need to detail the political process initiated by the Sri Lanka
Government to redress grievances of' the Tamil community at the
All Party Conference in Colombo in 1984, through
talks in Thimpu and New Delhi In July/August 1985, the Bangalore talks
in 1986 and other discussions in Colombo and New Delhi. The
Indo-Sri Lanka Agreement was signed in Colombo on 29 June 1987.
The Agreement involves a complex of inter-linked obligations on the Sri
Lanka Government, the armed militant groups and the Indian Government , the
fulfilment of which is essential to strengthen the traditional friendship
between Sri Lanka and India, to resolve the ethnic problem in Sri Lanka and
the consequent violence and to ensure the safety, well-being and prosperity
of people belonging to all communities in Sri Lanka. Prime Minister Rajiv
Gandhi of India described the Agreement, shortly after signature, as one
which "looked at almost every single problem of the Tamils and found answers
to these problems and guarantees for those answers".
The Sri Lanka Government has in good faith
taken necessary action to fulfil more than its share of responsibility
under the Agreement.
To develop on the Government's initiatives to deal with the grievances
of the Tamil minority and in furtherance of the Government's efforts towards
the devolution of power and administrative authority to the various regional
units in Sri Lanka, the Agreement envisaged the setting up of Provincial
Councils for each of the 9 Provinces in the country. Necessary amendments to
the Sri Lanka Constitution were enacted. while 7 of the 9 councils have been
constituted after elections, elections for the remaining two Councils in the
Northern and Eastern Provinces will be scheduled in the near future.
In accordance with the Indo-Sri Lanka Agreement, a general amnesty has
been granted by the Sri Lanka Government to over 3600 persons who had been
held in custody at the time of the Agreement under the
Prevention of
Terrorism Act and other Emergency Laws, for having committed or being
reasonably suspected of having committed offences under these laws. Those
granted amnesty included persons convicted and serving sentences under these
laws.
To assist in the political rehabilitation of Tamil militants who have
decided to enter the peaceful democratic main-stream of political agitation,
the Sri Lanka government has registered some groups as legitimate political
parties free to contest elections.
It was stipulated in the Agreement that India will take necessary steps
to ensure that Indian territory is not used for activities prejudicial to
the unity, integrity and security of Sri Lanka. The Indian Navy/Coast Guard,
it was further agreed, will co-operate with the Sri Lanka Navy in preventing
Tamil militant activities from affecting Sri Lanka.
A cessation of hostilities ensued after the Agreement was signed. In
accordance with the Agreement, India sent a Peace Keeping Force (IPKF) to
Sri Lanka. The first task of the IPKF was to bring about the complete
surrender of arms by Tamil militant groups. This would have enabled the
members of the Tamil community who wished a non-violent resolution of the
ethnic issues to participate in peaceful negotiations to settle their
difficulties without terrorist intimidation.
All militant groups initially accepted the Agreement. In consequence,
consultations took place on the setting up of an Interim Council which was
to assist in the administration of the Northern and the Eastern Provinces
pending establishment of Provincial Councils in these 2 provinces. However,
the group calling itself the Liberation Tigers of Tamil Eelam (LTTE)
abruptly refused to participate
in the constitution of the Interim Council, rejecting all arrangements
that were being made. The Interim Council could not therefore be set up and
elections to the Northern and Eastern Provinces have been delayed. Dates of
elections to the Northern and Eastern Provinces will be fixed taking into
account the security situation in these provinces.
The LTTE have not surrendered all their arms and have indeed acquired
even more sophisticated arms.
Violence, tension and unrest have not yet abated in the Northern and the
Eastern Provinces, with the LTTE continuing its armed assaults on civilians,
on Sri Lankan authorities, on the Indian Peace Keeping Forces and on members
of rival armed militant groups. Members of various Citizen's Committees in
the Northern and the Eastern Provinces as well as human rights workers who
have sought to defend civilians and highlight their grievances have also
been assassinated by the LTTE.
In the Eastern Province, where the Tamil, Muslim and Sinhala Communities
each account for a third of the population, the LTTE has begun systematic
killings of persons of the Sinhala and Muslim communities. It s clear
objective is to expel people of these two communities from the Eastern
Province in order to forcibly effect such demographic changes as to create a
mono-ethnic or racist entity in what has been a multi-ethnic Province. In
pursuance of this objective, the LTTE has violently resisted the return of
expelled Sinhala and Muslim villagers to their places of origin. The group's
campaign has left hundreds of civilian of all communities dead through the
denotation of hidden land mines and explosives in crowded places, nocturnal
attacks on innocent sleeping villagers, the slaughter of unarmed civilians
in temples, Mosques and public places and the ambush of public transport and
massacre of passengers.
The magnitude of the violence and dislocation can be judged by the fact
that the number of displaced persons in Sri Lanka increased from about
100,000, in July 1987, to over 400,000 as confirmed by the UNHCR.
The
confrontation between the LTTE and the Indian Peace Keeping Forces has
continued (and the presence of the Indian troops has not yet been able to
disarm groups of terrorists holding out against the peacefully negotiated
settlement of the country's ethnic issues. Earlier this month, the Indian
Government closed down in Tamil Nadu, i.e. the southern-most state of the
Indian Union, the offices of the LTTE, arresting or placing under house
arrest large numbers of LTTE operatives.
It has been made abundantly clear that if the LTTE gives up its
violent
ways, accepting the essentials of the Indo-Sri Lanka Agreement, an
immediate cessation of hostilities would be possible. The LTTE could then
join other former militant Tamil groups in a democratic process that would
be the best means of ensuring the Tamil people, the fulfilment of their
aspirations free of terrorist coercion and violence.
Reference was made by the Minority Rights Group to the activities of the
Janatha Vimukthi Peramuna (JVP) which has opposed the Indo-Sri Lanka
Agreement. Since about 1987 there has been a spate of violence arising from
the activities of the Janatha Vimukthi Peramuna, which is a political party
that emerged in the early 1970s.
In April 1971 the JVP raised an insurrection against the then Government
and its members, including some of its leaders such as Mr. Rohana Wijeweera,
were brought to trial and received sentences of imprisonment. The present
Government in July 1977 pardoned and released them in the expectation that
they would rehabilitate themselves and carry on their political activities
within the democratic process. They were subsequently recognised and
registered as a political party for purposes of elections. They participated
in the District Development Council elections in 1981. They also
participated in the Presidential Elections of 1982 fielding their leader as
a presidential candidate. In view of the the evidence that they were
involved in acts of violence, the party was proscribed in 1983. The
proscription on the JVP was lifted in May 1988 in the expectation that they
would give up violence and. participate in the democratic process. It is
hoped that these expectations would be realised.
Statement by Ms.Sandra Coliveron
behalf of Human Rights Advocates
"Human Rights Advocates join with other NGOs that have addressed the Sri
Lanka situation in expressing our deep concern over continuing violations of
human rights committed by all parties to the conflict there. The parties
include the armies of the two governments involved - the Indian Peace
Keeping Force and the Sri Lankan Army - and the two non-state militant
forces, those of the Sinhalese including the Peoples Liberation Front or
JVP, and those of the Tamils, including the Liberation Tigers of Tamil
Eelam.
"Human Rights Advocates is especially alarmed by attacks during the
past year human rights defenders, including Father Chandra Fernando and Mr.
Kanthasamy. Those two people, and other members of citizens committees and
relief and social service organizations, for from using or advocating
violence, actively have been working for a restoration of peace and respect
from human rights.
"Since the Commission, in resolution 1987/61, expressed its concern as to
the situation, India and Sri Lanka, in July of 1987, entered into an Accord.
Now, one year after the signing of that Accord, it is clear that
expectations for a prompt and peaceful resolution of the conflict have not
been fulfilled. To the contrary, human rights violations continue; and
the Sri Lankan Government has neither been able to maintain law nor
co-operated sufficiently with the international Committee of the Red Cross.
"Accordingly, Mr. Chairman, Human Rights Advocates respectfully urged the
Sub-Commission, this session, to call the situation in Sri Lanka again to
the attention of the Commission and in particular:
(1) To request the working
Group on Enforced or Involuntary Disappearances and the Special Rapporteurs
on torture and on summary and arbitrary executions to vigorously pursue
investigations or reliably attested charges of violations;
(2)To call on the Government
of
Sri Lanka to permit the International Committee of the Red Cross to
fulfil its functions, including the provision of assistance and protection
to victims of all allegations into all allegations of extra judicial
killings, disappearances, acts of torture, and unlawful detentions;
(3) To call for a cease-fire
between the IPKF and the LTTE;
(4) To call on parties to
recognise the Indo-Sri Lanka Accord as a basis for the settlement;
(5) To condemn all extra
judicial killings, disappearances, acts of torture, and unlawful
detentions;
(6) To call on each party to
end the commission of those violations for which it is responsible; and
(7) To call on all parties
to respect the right of human rights defenders to monitor, publicise, and
protest violations, without intimidation or persecution."
Comments by
Tamil Voice International
Political Analyst in Geneva, 15 September 1988
The fortieth Session of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities of the United Nations
Commission on Human Rights which met in Geneva ended its deliberations
on 2 Sept. 1988.
The Sub-Commission consists of 26 members who
are supposed to he independent experts in the field of human rights and
related affairs. The member states of the United Nations are represented
by observers. A number of Non-Governmental Organisation have
consultative status.
The Governments of India and Sri Lanka are represented here by
powerful teams of diplomats and officials who are always ready to state
their side of the case on matters relating to the happenings in the
Tamil areas namely the North and the East of Sri Lanka. Unfortunately
the Tamils have no representation nor even an opportunity to put their
case or the right to reply to false allegations and gross
misrepresentations levelled at them. The Tamils here have to rely on the
mercy of European and other non-governmental organisations to present
the plight of the Tamil civilian population and the persecution and
violations they suffer daily.
To make matters worse, a few of the European non-governmental
organisations are, we are told, confused by the machinations of some
self-appointed Tamils, masquerading as Tamil representatives, but with
ulterior motives.
A member of the Indian delegation, Prahhou
Dayal, in his Statement said, "The agreement is designed to meet the
legitimate demands and aspirations of the Tamils of Sri Lanka, within
the framework of Sri Lanka's unity and integrity." Probably he was not
aware of the Thimpu Declaration of the Thimpu talks which was held under
the auspices of his own Government, where the Tamils unitedly put
forward their legitimate demands and aspirations, or has his government
so soon forgotten it or chose to ignore it and impose a solution which
it deems fit for the Tamils? He further alleged that "The LTTE was
either unable or unwilling to give up violence and participate in the
democratic political process." The LTTE indeed has on a number of
occasions sought a cease-fire and negotiations to arrive at a political
solution.
In a statement issued on August 9th the LTTE states, "The problems
of the Tamil people are not going to be solved if the LTTE accepts the
Accord, lays down arms and participates in the elections...The
Government of India has rejected our pleas and is campaigning that we
are frightened to face the people in the elections. We are ever prepared
to face our people in the elections. But we want to ask whether India is
prepared to face our people. We wish to call upon the Government of
India to hold a referendum to determine whether the Tamils accept the
Indo-Sri Lanka Accord, whether the IPKF should be withdrawn and replaced
by an International Peace Keeping Force and whether' or not the LTTE are
the representatives of the Tamil people." The LTTE further states that
it is prepared to accept the Accord if they are defeated in the
referendum.
The Sri Lankan delegate alleged that the LTTE was responsible for
the attacks on Human Rights activists like Fr. Chandra Fernando and K.
Kanthasamy, when all evidence available pointed to the contrary. Even a
few NGOs were so confused as to believe this mischievous story supported
by one or two busy bodies in our own ranks.
Five members of the World Federation of Tamils from Paris, London
and Berne attended the Sessions. where they met many members of the
Sub-Commission and NGOs. A Statement on the situation in Sri Lanka was
submitted by the Federation on behalf of the Tamil Associations and
Organisations of' the world. This called upon the governments of Sri
Lanka and India, the LTTE and the international community as a whole to
support an immediate cease-fire between the IPKF and the LTTE, and to
set in motion a mechanism to carry out a referendum in the Northern and
Eastern Provinces of Sri Lanka under international supervision.
Mr. M.C. Bhandare of India was the Chairman of the current Sessions
of the Sub-Commission. Many independent experts and representatives of
non-governmental organisations showed surprise and shock at the way the
Indians are managing and manipulating the affairs of Sri Lanka. Many
pointed to the reports of Amnesty International and other independent
organisations accusing India of brutality, torture, tape and
disappearances. Some did admit that the Indian lobby working through
various diplomatic and other avenues are scuttling any move to place
matters before the Sub-Commission.
However, many admit that India for the first time stands on the
defensive and compromised in the international arena, which seems to
worry some NGOs who have always sought and received the support of India
on other international issues. A few confessed that all the allegations
and weight of evidence indicated that the Indians are "thick-skinned".
Some even pointed to the Indian governments violations of the human
rights of their own people which in other countries would have been
unthinkable. But one NGO was more to the point. He said that "What
happens here (in the UN Sub-Commission) is
not human
rights but pure politics. If you think it is human rights you are
wrong!"
