August 2009

Sri Lanka: winning the war does not mean winning the peace

Danielle Vella and Amaya Valcárcel

Summary During his electoral campaign in November 2005, In the wake of the military victory in , urgent Rajapaksa rejected the possibility of autonomy for Tamils measures need to be taken: some 250,000 Tamil civil- and in June 2009 he declared “there is no way for fed- ians who managed to escape the brutal offensive remain eralism.” Rumours abound that Rajapaksa has a plan to in internment camps, and the government has given no repopulate areas in northeast Sri Lanka with Sinhalese clear indication as to when they will be allowed to return colonies, in order to remodel the country’s ethnic struc- to their villages. In the long term, the Government must ture and avoid the concentration of minorities. This same adopt an agenda that will unite this country ravaged by process took place in in recent years when war, and lead it towards a just peace. This will involve the government sent Sinhalese settlers to Muslim areas. an impartial investigation of the abuses perpetrated by DOOVLGHVLQWKLVFRQÀLFWWKHVXVSHQVLRQRIODZVDQGVWDWH The LTTE was a terrorist group that committed barbaric policies that have discriminated against the Tamils over acts, but not all Tamils are Tigers. Although the LTTE WKHODVWGHFDGHVDQGWKHHVWDEOLVKPHQWRIJHQXLQHFKDQ- aggravated the problem excessively, it was a symptom nels of dialogue with the Tamils and other ethnic groups UDWKHUWKDQWKHURRWRIWKHFRQÀLFW,IWKH6UL/DQNDQ on the country’s political future. government fails to take responsibility for the discrimina- tion that gave rise to the Tamil insurrection, and which today continues to humiliate these people, the underlying The war in Sri Lanka has ended. Should this victory be problem will not have been solved, despite the victory celebrated? Is this a genuine opportunity for a new begin- over the LTTE. ning? In the 1980s, declared: “Any victory DFKLHYHGRQWKHEDWWOH¿HOGZLOOEHVKRUWOLYHGDQGÀHHW- Final offensive ing.” Unfortunately, President ’s gov- On 20 January 2009, the Sri Lankan army began a so- ernment has used the atrocities perpetrated by the Tamil called “humanitarian operation” in the area of Vanni in Liberation Tigers of (LTTE) as a pretext for the north of the county comprising two districts, Kilino- Noref Article government abuses. chchi and Mullaittivu, and parts of the districts of , Mannar and Vavuniya. In 2006, a previous offensive had The administration’s plans for the future promote Tamil begun in the east. leaders who have a questionable human rights record, providing few assurances that the Tamil population’s The Sri Lankan army’s victory over the Tamil Tigers has legitimate concerns will be addressed. , come at a high price, and this could sow the seeds for currently Minister of National Integration and Reconcili- IXWXUHWKUHDWV7KH¿JXUHV±ZKLFKDUHFRQVHUYDWLYHHVWL- ation, is a former LTTE leader and under his command PDWHVDFFRUGLQJWR+XPDQ5LJKWV:DWFK±SRLQWWRRYHU brutal war crimes were committed. Given the presence in 20,000 deaths between January 20 and May 19. Accord- the government of Tamil politicians with this sort of track ing to The Guardian (19 May, London), the military cam- record, in addition to a number of Sinhalese nationalists, paign cornered LTTE rebels on a narrow strip of beach of VXSHU¿FLDOLW\ZRXOGDSSHDUWREHWKHRUGHURIWKHGD\ only 24 square kilometres, together with 250,000 civil-

Danielle VellaLVD0DOWHVHMRXUQDOLVW6KHLVZRUNLQJIRUWKH-HVXLW5HIXJHH6HUYLFH,QWHUQDWLRQDO2I¿FH responsible for their printed publications. Vella lived and worked in Sri Lanka in 2002.

Amaya Valcarcel is a Spanish lawyer who has worked for the United Nations High Commissioner for Refugees (UNHCR). She was Secretary General for the Spanish Commission of Assistance to Refugees (CEAR). Currently UHVSRQVLEOHIRUSROLWLFDODGYRFDF\ZLWKWKH-HVXLW5HIXJHH6HUYLFHVKHOLYHGDQGZRUNHGLQ&DPERGLDIURPWR 2005.

Aug 2009 Danielle Vella and Amaya Valcárcel: winning the war does not mean winning the peace

ians which the LTTE used as human shields. The Tigers The death of tens of thousands of innocent Tamil civil- proved to be brutal to the bitter end, shooting at those LDQV±ZKLOHWKHLUIDPLO\PHPEHUVZDWFKIURPDIDU±LVD who tried to escape, and these actions have fed the Tamil recipe for another, possibly more explosive, generation community’s growing hate of the LTTE. of terrorism,” in the opinion of Robert Templer, of the International Crisis Group. Le Monde, on 30 May, accused the United Nations of de- OLEHUDWHO\FRQFHDOLQJWKH¿JXUHVRIFLYLOLDQGHDWKV$81 Despite repeated calls by the UN, Kouchner and RI¿FLDOGHFODUHGWKDWKLVVXSHULRUVKDGWULHGWRVXSSUHVV Miliband’s visit on 29 April, and President Barack WKH¿JXUHVLQRUGHUWRPDLQWDLQJRRGUHODWLRQVZLWKWKH Obama’s unprecedented speech on 13 May, did government. Even the Secretary-General, Ban Ki-moon, not renounce its “war on terrorism,” concealing casualty DWWHPSWHGWRFRQFHDOWKH¿JXUHV ¿JXUHVDQGFRQWLQXLQJZLWKDQRSHUDWLRQWKDWYLRODWHG international humanitarian law. The Security Council has The government’s efforts to exterminate the LTTE announced its only weapon: the Sri Lankan government shocked the world because of the brutality of the opera- and the Tamil terrorists could be condemned for crimes tion. First, although the army denied the use of heavy against humanity. DUWLOOHU\VRXUFHVZKRZHUHSUHVHQWGXULQJWKHFRQÀLFW FRQ¿UPHGWKHLQGLVFULPLQDWHXVHRIKHDY\ZHDSRQVRQ Towards a necessary political solution the population. The result of the “victory” is that the Tamils are now at the mercy of a State which has alienated them, both Second, the blockade of food and medicines led to in words and deeds. Some concrete measure towards a the death of many civilians. “The Red Cross could not political solution would be the following: distribute food because of the continual bombing. We requested the assistance of the government to cease op- Arbitrary detention, humanitarian assistance and erations in order to distribute food, but they did not listen human rights. 7KHJRYHUQPHQWMXVWL¿HGLWVYLFWRU\ZLWK to us,” explained a humanitarian worker who was pres- the liberation of civilians trapped by the Tamil Tigers. But ent in the area. For security reasons this source cannot be what liberation? The exhausted people who managed to LGHQWL¿HG HVFDSHIURPWKHFRPEDW]RQHDUHVWLOOEHLQJGHWDLQHGLQ so-called “welfare villages”, detention centres controlled Third, the media and international agencies were denied by the army and surrounded by barbed wire. The aim of access to the so-called “secure” area. The British For- WKHVHFHQWUHVLVWRGHWHFWLQ¿OWUDWHGWHUURULVWHOHPHQWVEXW eign Secretary David Miliband and the French Minister the government has not put forward a plan to return the of Foreign Affairs Bernard Kouchner stated on 29 April: civilians. “Any long delay in resettling these war-ravaged “The UN had an agreement with the Government to send Tamil people will further alienate them,” explained D.B.S DPLVVLRQLQWRWKHFRQÀLFW]RQHWRKHOSWRDVVHVVDQGDG- Jeyaraj, a Sri Lankan analyst. “It will also attract interna- dress civilian needs. This agreement has not been imple- tional criticism over the government’s motive in keep- mented. It must be.” 1 ing these refugees in these camps beyond a reasonable Noref Article period.”27KHUHXQL¿FDWLRQRIIDPLOLHVLVDOVRXUJHQWDQG On May 18, the government announced the death of the the transferring of these centres to a civilian administra- ruthless LTTE leader, , together tion. with some of his commanders. Despite their defeat in combat, the Tigers may continue to be active under- stated in May that civilians were JURXQGGRLQJZKDWWKH\DUHQRWRULRXVIRU±NLOOLQJ suffering forced disappearances, extrajudicial killings, civilians. and other degrading treatment, as well as forced recruitment by paramilitary groups. Rajapaksa has managed to disguise the offensive as part of the global war on terrorism. However, LTTE’s violent Humanitarian aid is necessary but should be implemented tactics should not on any account provide an excuse for cautiously. First, because of the extremely high levels the government to attack its own civilians. Many analysts of corruption. Second, because the EU and donor states believe that the government’s attitude towards Tamils should apply pressure so that the detentions are not pro- has embittered the thinking of Tamils in exile, and will longed and the Colombo government commits to orga- cause problems in the future. “The dream of an indepen- nising the return of civilians to their homes. Otherwise, dent Tamil homeland in Sri Lanka resonates powerfully international humanitarian efforts will not be promot- across the diaspora and will certainly live on even after ing human rights or any attempt to initiate a process of the defeat of the LTTE as a conventional military force. reconciliation and dialogue. In April 2009, the Obama administration opposed the loan of 1,900 million dollars 1 http://www.timesonline.co.uk/tol/comment/columnists/ guest_contributors/article6194491.ece  KWWSQHZVEEFFRXNKLVRXWKBDVLDVWP Aug 2009 Danielle Vella and Amaya Valcárcel: winning the war does not mean winning the peace

to Colombo by the International Monetary Fund, as a ZLOOKDYHWR¿QGZD\VWROLYHWRJHWKHU7KDWZLOOQRWEH means of putting pressure on the government to protect achieved through military victory alone. The deep-seated LWVFLWL]HQVDQGSURPRWHDSROLWLFDOVROXWLRQWKDWZRXOG sense of political alienation that has fuelled Tamil resent- include the Tamil population. The United Kingdom has ment towards successive governments in Sri Lanka must recently made a similar move. be addressed through a political process of integrity and decency.” 4 Weapons and international responsibility. EU foreign ministers agreed on 18 May that those responsible for For many Western leaders, the moment has come for Ra- YLRODWLRQVRIKXPDQLWDULDQODZGXULQJWKHFRQÀLFW³VKRXOG japaksa to respond to Tamil demands for autonomy and EHEURXJKWWRMXVWLFH´%XWZKLOHWKH(8ÀDXQWHGLWV cultural rights. However, according to analyst Mark Tran democratic eloquence, a number of member states sold in The Guardian, the increasingly authoritarian line of weapons to the Sri Lankan government. An EU report Rajapaksa’s government against the opposition, particu- published in 2008 revealed that eight European countries larly the media, does not bode well. broke the European Union Code of Conduct on exporting weapons. France, the United Kingdom, Italy, Holland, stresses the need to create an impar- 3RODQGWKH&]HFK5HSXEOLF%XOJDULDDQG6ORYDNLDKDYH tial international commission to investigate violations and sold weapons to the Sri Lankan government after the establish an accountability process for all those who have 2005 elections brought Rajapaksa to power. perpetrated human rights and Humanitarian Law abuses. US Assistant Secretary of State for South and Central Justice, truth and dialogue. Sri Lanka is facing a Rule Asian Affairs, Robert Blake, supports the investigation, of Law crisis. Peace can only be envisaged if the culture and EU foreign ministers have also called for an inquiry. of violence and impunity is eradicated, a culture which has undermined the value of life in this country.3 The Tamil representation. The Tigers always had a clear constitutional framework and administrative structures agenda: the creation of a Tamil state, Tamil Eelam. Their must be overhauled so that Sri Lanka can become a MXVWL¿FDWLRQZDVWKDWWKH\ZHUHWKHRQO\UHSUHVHQWDWLYHV democracy based on equitable power. Rule of Law and of the Tamils in Sri Lanka. According to James Ross of fundamental liberties must be restored through several HRW, quoted in the International Herald Tribune 21 May concrete measures: allowing members of the judicial 2009, this guiding principle has been the Tigers’ great system to work freely, free of fear and favouritism; disar- strength and also their weakness. mament of paramilitary groups and eradication of govern- ment sponsored killers; ending impunity for the security Since the creation of the Tigers in 1976, they have forces. eliminated almost all the Tamil political groups that had emerged to protect their people’s rights against the dis- Speaking of human rights and justice during peacebuild- crimination and violence they suffered at the hands of the ing can be unpopular. The prevailing view after the 2002 Sinhalese majority. FHDVH¿UHZDVWKDWSDVWLQMXVWLFHVVKRXOGQRWEHEURXJKW

Noref Article to light and it was better to sweep them under the carpet. Many Tamils in exile, mainly relative of families who While it is necessary to focus on uniting people rather ÀHGJRYHUQPHQWDEXVHVKDYHVXSSRUWHGWKH7LJHUVFRQ- than creating division, this should never be at the cost of sidering them to be the only bastion against state repres- the truth. sion. If the LTTE has been destroyed, who can credibly represent the Tamils today? Those people whose lives have been destroyed by the war should have the opportunity to tell their story, not only One possible path is interreligious dialogue, and this must to heal themselves but also because the country needs to EHEDVHGRQWKHXQGHUVWDQGLQJRIWKHFRQÀLFW¶VURRWV become reconciled with its past. Most Sri Lankans still HWKQLFLVVXHVDQGUHOLJLRQDQGWKHLQÀXHQFHRI6LQKDOHVH need to know the truth about what has been, until now, an Buddhist ideology. In Sri Lanka, there are four nikayas or invisible war. Successive governments have denied media religious Buddhist orders which are, in essence, . DFFHVVWRWKHFRPEDW]RQHV The two higher orders are Malwatta and Asgiria, from the Central area of . Most members of the administra- The Tamil people’s long-standing legitimate demands tion in Sri Lanka belong to the Govigama , also from for justice need to be listened to. Miliband and Kouch- Kandy, and have strong links with these two religious ner stated: “In the future, the communities of Sri Lanka orders. These monks are the bearers of nationalist ideol- ogy and it is crucial to include them in reconciliation at- 7ZHQW\

minority includes both Sinhalese and Tamils, and Chris- tians could therefore promote dialogue to ease the ethnic divide.

Historic opportunity To date, the Sri Lankan government has ruled by military might. Pressing humanitarian issues must be addressed and will need international assistance. Western leaders have appealed for moderation, and this is the moment to exert pressure on Rajapaksa to open a dialogue with the Tamil population.

“Obviously the government of Sri Lanka has won the battle but has not won the peace,” observed , the Norwegian minister for International Development. “Everything will depend on whether they can prove leadership qualities in this situation.” Solheim worked for 10 years with both the Tamil Tigers and the Sri Lankan JRYHUQPHQWDQGEURNHUHGDFHDVH¿UHGHDOIURPLQ that lasted until 2006. “If the Sri Lankan government can show generosity in victory, and give a substantial devolu- tion of power to Tamil self-government in the north-east and create an inclusive state for Tamils, Sinhalese and Muslims, then we may see a lasting solution to the Sri Lankan problem.”

The country’s leaders must distinguish between the en- emy, the LTTE, and innocent civilians. Peace can only be reached in Sri Lanka when true justice, freedom, equal- ity and respect for the sacred value of individual life, whether Muslim, Sinhalese or Tamil have been achieved. The international community must observe with attention President Rajapaksa’s next movements.

Translated from Spanish by Fionnuala Ní Eigeartaigh Noref Article

Aug 2009