By Dilrukshi Handunnetti
For those who still believe that Sri Lanka
is the epitome of Buddhist values and a
celebration of diversity and dissent, the
human rights record of this country should
rightfully add a shameful tinge to our
collective cheeks. As a nation, we have
indeed seen better times with diversity
appreciated and impunity absent, a far cry
from today's reality of being classified
among the world's worst nations - with good
reason.
It is not just the flagging human rights
record, naturally intensified with the
military excesses amidst intense warfare and
the infamous Liberation Tigers and their
atrocities, but the paramilitary groups,
some of them LTTE breakaways and some not,
goon squads operated by ex servicemen and
some with ministerial blessings that
collectively draw a very bleak picture.
On the other side of the coin we find the
festering ethnic wounds that had rendered
over a million people refugees from time to
time, now with the official figure of the
displaced reading over 300,000, trapped
without safe passage in to government
controlled territory.
Add to this
Sri Lanka's
international ranking as the second worst
place for journalists, coming a close second
to Iraq. Since 2006, the shocking statistics
reveal that some nine journalists have been
killed, 27 assaulted and five abducted.
During the first three weeks of January
2009, we had a premier television/radio
installation MBC/MTV attacked causing a loss
of over Rs. 200, international award winning
editor of The Sunday Leader Lasantha
Wickrematunge assassinated and Rivira Editor
Upali Tennakoon knifed. The cumulative
impact has been a devastating exodus of
journalists and intense fear among the media
community.
The breakdown in law is so complete, there
is torture and assault in prison cells,
cruel, inhuman and degrading treatment of
those in custody, enforced disappearances,
extra judicial killings, assaults and
threats that are alarmingly on the increase.
This is why the findings and recommendations
contained in Human Rights Violations In Sri
Lanka 2008 by Intellectuals for Human Rights
(IfHR) reveal the gruesome picture of a
nation in deep crisis and the ethnic
dimension that cannot be ignored.
Importantly, the researchers faulted the
LTTE, TMVP, other armed groups, government
security forces and high-ranking government
officials for the rights violations
mentioned in the report.
Killings
The report records 23 instances of killings
including those of UNP Parliamentarian
Thyagarajah Maheswaran on January 1, 2008
and the LTTE claymore blast that killed
Nation Building Minister D.M. Dassanayake on
January 8, 2008. The second incident injured
14 persons.
January also recorded the discovery of four
burnt bodes in the Yala National Park, the
recovery of another 16 bodies of youth
hacked to death in Anuradhapura and a LTTE
suicide bomber exploding himself in
Thinnaveli on January 31.
On February 24, two TMVP cadres were killed
when a suicide cadre blew himself up in
Kalawanchikudi and on February 29, a suicide
bomber blew himself up injuring seven
others.
March 6 recorded two devastating incidents.
In the first, TNA Jaffna Parliamentarian K.
Sivanesan was killed in Kanagarayakulam and
in the other, Chief Government Whip and
Minister of Highways Jeyaraj Fernandopulle
and 13 others were killed in a suicide
attack in Weliweriya. Some 90 others were
injured.
On May 13, an advisor to Minister Douglas
Devananda, lawyer Maheshwari Velyanthan was
shot dead by suspected LTTE militants in
Ninelladi. Three days later, 10 persons
including seven police personnel were killed
and 95 injured when a LTTE suicide bomber
rammed into a bus carrying police officers.
On June 2, TMVP Eravurpattu Pradeshiya Sabha
Deputy Chairman, Aiyathurai Pushpanandan and
his bodyguard were shot dead by a pistol
gang in Kalawanchikudi.
Thevalachchenai police recovered the body of
Kaliappan Gunaseelan, an EPDP cadre on June
27 after being abducted, tortured and hacked
to death.
On July 10, three civilians from Wattegama,
Kurunegala were shot dead by suspected LTTE
cadres in Kalmunai. An LTTE suicide cadre
riding a motorcycle blew himself by striking
against a three-wheeler killing a civilian
and injuring nine others in Vavuniya town on
September 28.
Among the major incidents recorded again is
the suicide bomb attack on October 6,
killing 28 persons including NCP Opposition
Leader Major Gen. Janaka Perera. Another 86
sustained injuries.
On October 9, Agriculture Development
Minister Maithripala Sirisena escaped a
suicide attack in Boralesgamuwa. The cadre
blew herself up killing a civilian and
injuring five others. On October 16, police
recovered four dead bodies of farmers in the
Kanchkudichchiru area.
Private Secretary of the Eastern Province
Chief Minister, Kumaraswamy Nandakopalan
alias Raghu and his driver were assassinated
by an unknown group on November 14. On
November 16, Dr. S.W. Palitha Pathmakumara
of the Vavunathivu rural hospital was shot
dead while on October 25, three persons from
one family in Eravur village were killed.
Seven persons belonging to two families were
massacred by unidentified gunmen on November
26 in Kalawanchikudi. The next day, chief
priest of the Kali Kovil in Batticaloa,
Subramanium Kamalrasa was shot dead.
Abductions
The report also recorded 18 abductions,
despite government claims that the spate of
abductions ceased following the arrest of
Nishantha Gajanayake, the ex air force
officer who operated an underworld gang. As
the abductions grew in number, the white van
came to be identified with the military
style abductions.
Vimalan of Negombo was the first to be
abducted in 2008 in Minuwangoda on February
11, and Kamalanathan Koneswari and Thuwaini
Perera being abducted on February 12 in
Batticaloa, again in a white van. Armed men
in Pettah abducted Naduvilan Saraswathi on
April 29.
June recorded two incidents. On June 11,
five persons from Wattala and another from
Vavuniya were abducted in
Colombo
by groups traveling in white vans wearing
clothes similar to military uniforms. On the
22, Devadasan Sureshkumar was abducted at a
fuel station in Batticaloa.
A Tamil youth was abducted in Kudaapaddu in
the Negombo police division on October 28 by
a group traveling in a white van.
A textile shop worker in Vavuniya was
abducted on November 6 and another civilian
abducted on the next day in Vavuniya town
itself. On November 10, a mother of three
was abducted in Pottuvil while on the 11th,
armed gangsters in a white van abducted a
Muslim businessman in Dehiwala.
On November 14 and 15, unidentified gunmen
abducted three persons including two school
children in three places in the Jaffna
peninsula. On the 15th again, a Tamil youth
was abducted in Wellawatta and two days
later, another Tamil youth was abducted near
People's Park, Colombo by a group clad in
army uniform traveling in a white van.
The same day, 15th, suspected LTTE cadres
abducted four persons in Horowpathana. A
woman NGO worker was abducted by armed
persons traveling in a white van near
Serunuwara on November 19.
On the 22nd, a 53-year-old owner of a
temporary lodge in Vavuniya was abducted by
a group traveling in a white van. The same
type of vehicle was used in the abduction of
a Tamil youth in Linganagar, Trincomalee on
the 25th while on the 30th, president of the
Karadippooval Rural Development Society was
abducted by unidentified armed men at
Vavunathivu.
Violence against media
The past year set the trend for the violence
that engulfed the media in the first month
of 2009. Setting the tone and pace, 2008
recorded increasing violence against
journalists, media workers and attempts to
legally gag the media through oppressive
regulations. The violence perpetrated
against the media, according to the IfHR,
was more political with security forces,
police, politicians of both the ruling party
and the opposition involved in the
incidents.
Among the trends observed was the dissenting
voices that came under attack and more
defence reporters being targeted. A
repulsive attempt to introduce fresh
broadcasting regulations to control all
aspects of private television broadcasting
was made on October 27 by the Ministry of
Mass Media and Information which was
thwarted.
The Defence Secretary in an interview
expressed a need for the reintroduction of
criminal defamation naming two media
institutions that in his opinion, needed to
be prosecuted for their reportage. He also
famously summoned and reprimanded the
president and general secretary of the Sri
Lanka Working Journalists Association (SLWJA),
following a peaceful protest held in support
of Associate Editor, The Nation, Keith
Noyahr who was mercilessly assaulted in May.
The first physical attack was recorded on
January 2, when a Vavuniya based journalist,
Mahnomen Subramaniyum was threatened. On
January 7, an unidentified group attempted
to enter the house of SLWJA Secretary,
Poddala Jayantha.
Attacks
On the 10th, a Bingiriya provincial
journalist Victor Somaweera was stabbed and
threatened. On the 16th, A.A. Bandara, a
Sirasa TV provincial correspondent was
threatened and assaulted in Buttala.
Associate Editor of the state controlled
Thinakaran, Suhaib M Kasim was stabbed at
his Colombo residence on January 28.
Sugath Dharmapriya, a news producer of
Derana TV was abused and assaulted by an IP
from Mt . Lavinia Police on February 23. In
an ugly display of his earlier performance,
Minister of Labour Mervyn Silva threatened
MBC journalists and robbed their cameras in
Kelaniya on March 20.
A key highlight last year was the brutal
attack on Associate Editor, The Nation,
Keith Noyahr who was abducted outside his
residence. Following the attack, many
journalists fled the country.
Jaffna Correspondent of Shakthi TV,
P.Thevakumar was abducted on May 28 while
returning home in Vaddukkodai.
Paramilitary groups
On August 26, Nagalingam Kennyoodsan, an ITN
producer in Dehiwala was arrested on
suspicion while on August 28, Colombo
Medical Faculty students harassed and
assaulted three journalists who were on a
news assignment.
On October 23, Managing Director, Uthayan,
E. Saravanapavan complained that
paramilitary groups prevented the
distribution of the paper and placed his
staff under grave security threat.
While making recommendations, the IfHR
report apportions blame to the ruling
government, LTTE, TMVP, EPDP and other
parties that contributed to the increasing
violence. It insists upon the fulfillment of
state responsibility to resolve the serious
human rights situation and the obligation to
act and to ensure justice for victims.
Given the further deterioration recorded, it
is incumbent upon the administration to
ensure good governance, the implementation
of the 17th Amendment in a bid to depolarise
vital sectors and to foster human rights.
It seems that the reward, as in the case of
those who adapt unpopular but people
oriented stances is to receive a bullet in
one's skull, as in the case of The Sunday
Leader Editor, Lasantha Wickrematunge. But
this society, with its flagging human rights
record, needs more such men and women.
And as Wickrematunge predicted and recorded
in his final editorial published
posthumously, "In the wake of my death, I
know you will make all the sanctimonious
noises and call upon the police to hold a
swift and thorough inquiry. But like all the
inquiries you have ordered in the past,
nothing will come out of this one, too."
This may be true yet again.
As Dr. Martin Luther King in one of his
famous speeches noted, "Our lives begin to
end the day we become silent about things
that matter." Silence is no longer golden in
Sri Lanka.
It is a country that bleeds and now cries
for help.
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UN Human Rights Chief deplores
deteriorating situation
UN High Commissioner for Human Rights
Navi Pillay on January 29 stated a
quarter of a million civilians trapped
in the conflict zone in northern Sri
Lanka caused deep concern and drew
attention to alleged human rights abuses
and a significant number of civilian
casualties and displacement.
Pillay cited reports of forced
recruitment, including of children, as
well as the use of civilians as human
shields by the LTTE and condemned that
safe zones promised by the government
have subsequently been subjected to
bombardment leading to civilian
casualties.
"It seems there may have been very grave
breaches of human rights by both sides
in the conflict, and it is imperative
that we find out more about what exactly
has been going on. It is also urgent
that civilians in the north can find
safe shelter, away from the fighting."
Pillay observed there had not been any
successful investigations or
prosecutions of political killings,
disappearances and other violations
committed in recent years.
Both government and LTTE violating rules
of combat - AI
Amnesty International (AI) on January 28
alleged the violation of rules of combat
by both the government and the
Liberation Tigers targeting civilians
and preventing them from escaping to
safety.
"Recent fighting has placed more than a
quarter million civilians at great risk.
People displaced by the conflict are
experiencing acute shortages of
humanitarian aid, especially food,
shelter and medical care. There has been
no food convoy in the area since January
16," said AI's Sri Lanka researcher,
Yolanda Foster.
Hundreds of people have been killed or
injured and such medical care as has
been available is threatened due to
danger to the few health workers and
damage to hospitals.
The government had declared "safe zones"
to allow civilians to seek shelter, but
information made available to AI
indicates that several civilians in the
so-called safe zone have been killed or
sustained injuries as a result of
artillery bombardment.
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