Presidential Commission Falls Short
Lessons Learnt And Reconciliation Commission
By Mandana Ismail Abeywickrema
The Presidential Commission on Lessons Learnt and Reconciliation may be unable to deliver the goods as expected. The Commission was appointed to show the government’s commitment to the promotion and protection of human rights and prevent the recurrence of another violent war.
The Commission appointed by the President under Section 2 of the Commission of Inquiry Act is to inquire and report on several areas between the period of February 21, 2002 and May 19, 2009. Chaired by C.R. de Silva, the Commission consists of Mano Ramanathan, C. Chanmugam, H.M.G.S. Palihakkara, A. Rohan Perera, Karu Hangawatte and M.P. Paranagama.
The Cabinet memorandum presented by President Mahinda Rajapaksa for approval stated that it has been apparent for quite some time to the Government, that the conflict situation due to the very brutality and the long duration of the violence perpetrated against Sri Lanka, would have caused great hurt and anguish in the minds of the people, that requires endeavors for rehabilitation and the restoration of democratic governance complemented by measures for reconciliation.
However, one of the key sessions last week was indicative of the possible outcome of the Commission-that the Commission may not be able to deliver the aspired results.
Defence Secretary Gotabhaya Rajapaksa sat before the Commission on Tuesday (17) afternoon for a nearly three-hour deposition where he commented on all details about the war and the military victory against the LTTE.
A key figure in the country’s defence establishment and in bringing about an end to the war, Rajapaksa told the Commission that he was prepared to speak in public, as he had nothing to hide.
During his deposition, Rajapaksa made several interesting facts.
Yet, the public and the media that witnessed the session were of the view that the Commission failed to ask more pointed questions from Rajapaksa.
Interestingly, the Commission met with Rajapaksa a few days after visiting Vavuniya to record statements several Tamil civilians. (See box)
Given the concerns raised by the Tamil civilians in Vavuniya about their missing loved ones, whom they allege to be in army custody, the Commission did not pose any question on the matter from the Defence Secretary.
Although the Commission posed questions on alleged private land acquisitions in the North and restoration of civil administration in the area, panel members failed to pose any questions on the various allegations leveled against the government and the security forces by the international community as well as the UN.
The government condemning the UN panel of experts on Sri Lanka claimed the Presidential Commission would inquire into all accountability issues raised during the final stages of the war.
Given its mandate to report on reconciliation, no questions were posed on the role played by former LTTE international wing leader Kumaran Pathmanathan alias KP or his role in the government’s reconciliation plan.
During the session, Commission members also made observations to Rajapaksa on what they witnessed in Vavuniya. The Commission members were full of praise at the change witnessed in the area, saying that even detainees were “appreciative” of the military.
One interesting fact noted by Rajapaksa during his deposition was when he said civilian casualties in the war waged from August 2006 till May 2009, were being confused with the LTTE causalities.
He observed that 6,000 troops were killed in action and 30,000 injured and the damage suffered by the LTTE was at least similar if not more.
“I want to bring out this fact because some people talk about these civilian casualties. It is a very difficult thing to identify civilian casualties. If the military suffered, you can imagine the number of LTTE casualties. Nobody talks of LTTE casualties. They all put these figures into the civilian casualty figures. Obviously if the Army suffered that much, it was at least the same amount of casualties from the LTTE. I am sure it is much more because of the firepower of the government forces,” he said.
Rajapaksa noted that at the beginning of the war the LTTE had over 30,000 regular cadres, including child soldiers. He also told the Commission that over the years, they acquired weapons almost matching the Army, from all over the world.
Responding to a question by the Commission, he said that close to 11,000 LTTEers from “various categories” had surrendered.
“We appointed a rehabilitation Commissioner General and decided to rehabilitate these ex-combatants. We had a programme drawn up. In fact, the IOM wanted to assist us, we signed a MOU with them.”
“They wanted their official present and their officials to categorize these. Halfway there was an issue between the ICRC and IOM and they had to back out. We went ahead with government funds. We separated 500 child soldiers from the others. At Hindu College we rehabilitated them with assistance from Hindu Congress. After one year they have gone back to their parents. Up to 80 have come back to continue their education at the College.”
“Others we have categorized. We have three or four rehabilitation centers in Vavuniya, Polonnaruwa area. Depending on the situation, they go for rehabilitation from six months to one year. We train them on various skills, including heavy machinery, masonry, it was successful. We’ve come across a lot of funding problems but still successful. Because of intelligence and interrogations we came to know we had to separate and investigate and go for prosecution with about 100. They have done killings, and can’t be released to civilian population,” he said.
The Commission posed a question on the allegations that the military had taken over many private lands in the North. Rajapaksa denied such a move and said the government was constructing “security centers” including shelter for the defence personnel only in the “government land.”
However, he agreed that such an issue existed in relation to the high security zones (HSZs) in the Jaffna peninsula, especially in Palali and Kankasanthurai. He said identified private land would be purchased from its owners and alternative lands would be provided to them. When questioned on how the government planned to transfer power from the military to the civilian administration, Rajapaksa said “In all these areas civil administration is functioning like any other district, even during the conflict time. Without the assistance of service personnel, they can’t handle most of these duties. That’s why the President had a cabinet meeting in Kilinochchi, to encourage the civil administration to work. I want to see gradual removal of the military population. However, we don’t want to see a terrorist group coming again. We have to take security precautions.” He also said that 500 Tamil police officers were being trained for deployment in the North.
A Definition
The Commission on Lessons Learnt and Reconciliation is mandated to look into the facts and circumstances that led to the failure of the ceasefire agreement (CFA) operationalized on February 21, 2002 and the sequence of events that followed thereafter up to May 19, 2009; whether any person, group or institution directly or indirectly bear responsibility in this regard; the lessons we would learn from those events and their attendant concerns in order to ensure that there will be no recurrence; the methodology whereby restitution to any person affected by those events or their dependents or their heirs could be affected and the institutional, administrative and legislative measures that need to be taken in order to prevent any recurrence of such concerns in the future and to promote further national unity and reconciliation among all communities and to make recommendations.
_______________________________________________In Vavuniya
The Lessons Learnt and Reconciliation Commission during the weekend of August 14 and 15 held sessions in Vavuniya where it heard testimonies from Tamil civilians.
Six persons had testified before the Commission and some of them have alleged that their loved ones were abducted or detained by the army.
The Commission has called on the public to give their testimonies – either in public or in private – of their experiences of war.
The BBC reported that Sinnasamy Nallathamby, an elderly tailor had said his son was picked up in an army roundup in late 2008.
A magistrate released him but while on his way home, he was abducted by people in a white van.
A woman testifying before the Commission had said her husband was also taken in a van and hadn’t been seen since.
Others have said they believed the military was holding their husbands, who had previously worked with the Tamil Tigers, but they lacked clear information.
The Commission had said it would pass the peoples’ details to the relevant authorities.
Another complaint involved a man who had said there was a broad perception among Tamils that they were being discriminated against in the courts.
The Commission had also heard allegations that the government was deliberately settling ethnic Sinhalese people in previously Tamil areas.
According to the BBC report, one constantly recurring theme during the hearings was the poverty of people trying to resettle after the war, several saying they simply didn’t have the resources to rebuild their lives.
The Commission had also held hearings in refugee centers and camps, where thousands of men and women said to have links with the Tamil Tigers are detained for what the government calls rehabilitation.
if anyone believe that this commissions is going to bring real reconciliations between communities they are going be disappointed. If anyone tell you the same thing, they are either misleading or fail to see the dynamic of the comission. It is obvious that Sri Lanka has committed war crimes and does not want to face consequences. It is also obvious the crime has not been committed by ordinary soldiers who takes orders. Crimed is committed by the people who gave orders to the soldiers since the soldiers have just to follow the orders. Without building trust, no one can’t reconcile communities. Victims should feel that they are compensated and their concerns were heard in the minds and hearts of the every Sri Lankans and the government. I am not writing this comment on behalf of the LTTE or the government. I am an independent thinker who view from a third perspectives. Why government let the UN to inqire LTTE suspects and former carders to find out who commit crimes?
i am not sure what your definition of reconciliation is Umesh, but in eastern or asian society we have a long traditional cultural habit of not asking difficult questions, not dwelling on the past and not digging up old wounds and graves.
In the asian way, as I think in the sri lankan way genuine reconciliation does not necessarily involve going through all the details of every mishap, mistake and crime. When we have a family fude, a problem with a neighbour we patch things up by being kind to them, being extra nice, giving them a gift etc. we don’t interrigate them on why did you do this and that? why couldn’t you do this and that.
The kind of pesudo reconciliation a lot of these people are harping on about is western or ‘judeo christian’ system of reconciliation. this stems from the tohra, quran and the bible where a confession is the key to redemption.
we in the Hindu/buddhist world don’t see how an apology alone will erase all the sins. Sometimes the admitting of guilt can be counter productive, as vindictiveness takes hold in the victims the opportunity to put things in balance may get lost.
Jungi!
it does not matter what culture you belong, it is human nature to look for justice which can heal wounds. It is psychologically proven fact. If we ignore these facts, there won’t be real reconciliation. If there is no reconcilitation, it can create rift between communities. I am writing this on behalf of either LTTE or the government of Sri Lanka, I am writing from a 3rd perspective.
Umesh,
Your comment is definitely based on LTTE viewpoint. Don’t pretend to be otherwise. since you eliquently presented your lop sided views, I have a couple of issues that I would like you to comment on.
1. Why do you point the accusing finger only at the leaders of the forces for committing crimes when you have conveniently avoided any mention of LTTE leadership commiting far worse atrocities. Haven’t we seen enough evidence of such LTTE atrocities. Some of these include, forcing children into fighting knowing that they were no match to forces personnel, shooting at civilians who tried to escape from their grip, hacking them to death if they disobeyed orders and ridding of tiger uniforms to fight in civilian clothes to place civilians at risk.
2. It is not long ago the LTTE boasted to having a fighting force that could match the Government forces. What happened to the numbers then ? Was it a myth or the caders simply melted into civilians. have you any right to claim all those who got killed at the tail end of the war were civilians? If so was it a ghost LTTE force the army were fighting?
3.Finally just explain on a hypothetical basis how the reconcilliation going to take place between Tamils and Sinhalese, if only one side was accused of wrong doings and punished while the other party gets away scot-free. Do you think this will make sinhalese people who also suffered from atrocities especially towards and tail-end of the war be happy and put their arms round tamils as if nothing happened?
It will have to be an initiative accpeted to both communities and certainly not outsiders. That will only reignite hatred if such course takes place. Your arrogance in rejecting the LLRC outright is bordering hypocricy.
gamunu!
again I tell you I am not writing a comment either on behalf or LTTE or war criminals. I writing is based on independent view. Now war criminals and so called terrorist are together. It is a very dangerous move to ordinary Sri Lankan. If you have question regarding LTTE, then you should go and talk to Rajapakse uncles since their bedfellows are LTTE. I never visited to Sri Lanka and met eitehr LTTE or war criminals. You seems to be associated with war criminals. You remembe former Yougeslavia which committed war crimes and did not want to face war crime inquirey. It is my policy never ever associate either with terrorist or war criminals. I kindly ask you to disassociate from war criminals if you have any connection, and become a good citizen and build a good coaliation with good Tamils and good Sinhalese people. Remember Sri Lanka has committed war crimes even before LTTE was born.
I am surprised that there are articles written like this now. Even when this commission was set up all the Human Rights organizations pointed out that the mandate does not give room for any proper analysis of the real issue of Tamils. Mahinda and most of the sinhalease want to use the term “terrorist” against LTTE but forget that it is the west which allowed SL to use it and watched SL when they killed Tamils in Thousands.
VATHY, MAYBE YOU SHOULD READ THE MANDATE BEFORE COMMENTING. read it and then tell me if it doesn’t give room for any proper analysis.
look into the facts and circumstances that led to the failure of the ceasefire agreement (CFA) operationalized on February 21, 2002 and the sequence of events that followed thereafter up to May 19, 2009; whether any person, group or institution directly or indirectly bear responsibility in this regard; the lessons we would learn from those events and their attendant concerns in order to ensure that there will be no recurrence; the methodology whereby restitution to any person affected by those events or their dependents or their heirs could be affected and the institutional, administrative and legislative measures that need to be taken in order to prevent any recurrence of such concerns in the future and to promote further national unity and reconciliation among all communities and to make recommendations.
Panti ayya, do you think I have not read it? It does not mean anything because Tamils’ problems started when British left. So, 2002 is nothing but a year for SL to say LTTE broke the peace agreement. Reconciliation means giving something Tamils want. Where is the room for that analysis? Though the government expects diaspora Tamils to give money, most of my relatives living outside this country want to come back if there is Tamil eelam. So in fact if a referendum is conducted among Tamils of Eelam origin then I would say that is proper analysis. This commission is an eye wash to justify government’s occupation and Tamils’ genocide.
What human rights organisations you talk about? Are they the AI and other INGO’s who were, and still are supportive of the LTTE. Do these same organisations active in probing human rights violations in other countries by US, UK, Israel,etc to mention few? Are these the people who will allow a level playing field in such an investigation? Isn’t it clear from the onset they haveaccused SL of warcrimes but conveniently ommitting the LTTE, though this was branded the worst terrorist bunch. It is strange how the same terrorists have become innocent victims and now claiming crimes were committed.
Gamunu -I have already replied to your stupid comments about UK US etc. Nothing justifies the genocide done by SL government. We are not terrorists. We are victims since British left. As I said before you want to call LTTE as terrorist because US and other western countries did so but still want to deny the human right issues of Tamils
The world hopes that amongst the SEVEN FACES in the panel that there is some honesty and bravery to confront the truth.
These commission was appointed just to avoid the UN interferrance.This is another time saving or cover up trick of politicians, as openly said by then PM wickramanyake in Newyork last year during a question and answer session with many foreign journalists. What happened to the recommendations of sansoni commission appointed after the 1977 riots. Where were the findings of the commsion appointed after 88/89 JVP led violence. All were thrown to dustbins and the selfish motives of politicians were implemented instead. History has already proved how or what would future be like.
Like previous governments, this government is too waste time on justifying injustice against Tamils. To keep the injustice government set up a team to counter for any information about injustice. There is nothing!
Former President Chandrika Kumaratunge should testify.She signed the CFA along with Ranil. But, will she?