Sri Lanka: Letter to Pope Benedict XVI on the Situation In Sri Lanka

April 16, 2007 Your Holiness, Please accept our best wishes on your birthday. Human Rights Watch is writing prior to your meeting with Sri Lankan President Mahinda Rajapakse. We are deeply concerned about the deteriorating human rights environment in Sri Lanka as major hostilities between the government and the armed opposition Liberation Tigers of Tamil Eelam (LTTE) take place. We believe international actors have an influential role to play in protecting and promoting human rights, and we urge you to raise these matters with the president during your talks. A list of concrete recommendations comes at the end of the letter. As the armed conflict in Sri Lanka continues, both the government and LTTE have shown a brazen disregard for the safety and well-being of civilians. By directing artillery fire at military targets and civilians without discrimination, firing artillery from populated areas, summarily executing persons, and unnecessarily preventing the delivery of humanitarian aid, both sides have violated international humanitarian law. Members of the clergy have been among those targeted. We are particularly troubled by the case of Reverend Fr. Thiruchchelvan Nihal Jim Brown, who “disappeared” after he was stopped at a Sri Lanka Navy checkpoint on Kayts Island near Jaffna on August 20, 2006. He had reportedly been receiving death threats from senior Navy personnel. Violations of International Humanitarian Law For many years, Human Rights Watch has criticized the LTTE for its violations of international humanitarian law, including the use of children as combatants. We have called upon the Security Council to impose targeted sanctions against the LTTE for its use of child soldiers over many years. Yet the very disturbing trend of recent months has been the growing involvement of Sri Lankan military and police forces, as well as proxy armed groups, in serious violations of the laws of war and human rights. To date the government has taken no effective action to end these ongoing abuses. The protection of internally displaced persons by the government remains a paramount concern as civilians continue to flee areas under LTTE control after government offensives. More than 100,000 displaced persons are currently in the eastern district of Batticaloa, and hundreds more are arriving every day as the fighting spreads. Government protection for these people has been very weak despite the presence of UNHCR, with regular threats and occasional violence, including abductions, by both the LTTE and pro-government armed groups. In recent days the government has begun to return families to the area of Vaharai, which the government “cleared” of the LTTE in January, as well as parts of Trincomalee. In February Human Rights Watch spoke with displaced persons from both these areas who did not want to go home due to security concerns and worries about ways to secure their livelihood. Initial reports coming out of Batticaloa this week strongly suggest that the government is returning some families to Vaharai and Trincomalee against their will. Child Recruitment and Government Support for Karuna and Other Armed Groups Of deep concern is the government’s continued support for abusive armed groups. There is now a clear pattern of the state turning a blind eye to abductions, extrajudicial executions, and extortion committed by these groups. In the east, the Karuna group, a breakaway faction of the LTTE, is responsible for ongoing child recruitment, abductions, and targeted killings, as well as intimidation and violence against the internally displaced. Despite widely publicized criticisms of the group’s practices by the UN special advisor to the Special Representative for Children and Armed Conflict, Human Rights Watch, and other nongovernmental human rights organizations, the Karuna group continues to abduct and use children as soldiers, often with blatant complicity of the Sri Lankan military and police. Although the Sri Lankan government has denied these reports, the evidence that state security forces are aware of, and in some cases working with, the Karuna group is overwhelming. In February Human Rights Watch observed armed children guarding Karuna political offices in plain view of the Sri Lankan army and police. A top Karuna commander was seen riding atop an army personnel carrier. Armed Karuna cadre openly roam the streets in Batticaloa district in sight of security forces, and in some cases they jointly patrol with the police. Despite its denials, the Sri Lankan government knows about the abductions and has apparently done nothing to make them stop. President Rajapakse and other top government officials have repeatedly promised to investigate allegations that Sri Lankan security forces are complicit in these crimes. To date, no serious investigation has taken place. On the contrary, some parents of abducted children have been threatened not to report their case, or to state that the abductor of their children is unknown. Enforced Disappearances Enforced disappearances attributed to state security forces are also on the rise. In the Jaffna peninsula alone, the government’s Human Rights Commission has recorded 707 cases of missing persons since December 2005, 492 of whom are still missing. In the vast majority of reported cases, witnesses and family members allege that security forces were involved or implicated in the abduction. Jaffna residents reported 55 abductions over the past three months during curfew hours, when only security forces are on the streets in this heavily militarized region. Abductions continue in the capital, Colombo. As of February 7, the Civil Monitoring Committee, an organization documenting disappearances, had recorded 51 abduction cases in and around the city over the previous year. Thirty-four of the people were still missing and six had turned up dead. Most of the others were released after paying a ransom. Human Rights Watch recently interviewed more than one dozen families of persons missing from Colombo and other parts of the country, who were last seen being taken away by the military or police. Father Jim Brown, a parish priest in the village of Allaipiddy on Kayts Island, and another man, Wenceslaus Vinces Vimalathas, left Allaipiddy in the early afternoon of August 20, 2006, for the nearby village of Mandaithivu. The Sri Lankan military did not allow them men to enter. On the way back to Allaipiddy they were stopped at a navy checkpoint, and they have not been seen again. Father Jim Brown was known to have helped many civilians to move from Allaipiddy to the town of Kayts after fighting in the area between the Sri Lankan Navy at the LTTE. In fighting on August 13, at least 54 civilians were injured and 15 lost their lives. Dangerous Emergency Regulations Enforced disappearances could be facilitated by the sweeping emergency regulations, reinstated in December 2006, after the LTTE’s attempt to assassinate Defense Secretary Gotabaya Rajapakse, brother of the president. The regulations give the security forces’ expansive powers of search, arrest, detention, and seizure of property, including the right to make arrests without warrants and to hold individuals in unacknowledged detention for up to twelve months. Most of those detained under the emergency regulations are young Tamil men deemed by the security forces to have LTTE ties. Increasingly, however, the regulations are being used against Muslims and Sinhalese who challenge or criticize the state. The current set of emergency regulations has also reintroduced a provision allowing the disposal of the bodies of persons who die in police custody without public notification. This gives uncontrolled discretionary power to the police in ordering the cremation of bodies, which could lead to the premature destruction of forensic evidence. Given the large numbers of “disappearances,” the prospect for misuse is a deep concern. Intimidation of Civil Society and Threats to the Media At the same time, the government is using the “war on terror” paradigm to intimidate the media, non-governmental organizations, and others with independent or dissenting views. Human Rights Watch is deeply concerned that the government, driven by the Sri Lankan defense establishment, is dismissing critics as allies of the LTTE and traitors of the state. The government has dangerously ratcheted up its criticism of civil society, especially in the media. In February 2007 Minister for Environment and Natural Resources Champika Ranawaka of the Jathika Hela Urumaya (JHU), the Buddhist monk party in the government coalition, advocated extrajudicial methods to deal with human rights groups, journalists, and others who criticize the state’s militaristic aims. “Those bastards are traitors. We can’t do anything because of wild donkey freedom in this country,” he told the Ravaya newspaper on February 18. “If those can’t be handled with existing laws we know how to do it. If we can’t suppress those bastards with the law we need to use any other ways and means, yes.” To Human Rights Watch’s knowledge, no one in the government has condemned the minister’s words. On March 8 the government’s peace secretariat vehemently dismissed the growing allegations of human rights violations as propaganda of the LTTE, suggesting that those reporting human rights violations were assisting the insurgent group. “Any group or organization, falling prey to this malicious propaganda of the LTTE, without prior inquiry, investigation or reliable verification, could as well be accused of complicity in propagating and disseminating the message and motives of the LTTE,” a statement said. Given Sri Lanka’s new emergency regulations, which criminalize “aiding and abetting the LTTE,” this lumping of human rights groups with the LTTE could silence local and international organizations working to report objectively on human rights. Human Rights Watch is concerned that these verbal attacks will lead to physical assaults. Nongovernmental organizations have reported an increase in death threats from anonymous people over the phone. The media has also come under attack. On February 26 officials from the Terrorist Investigation Division (TID) of the police detained Dushyantha Basnayake, Director of the Sinhala newspaper Mawbima. The TID has held another journalist from the paper, Munusamy Parameshawary, without charge for the last three months. On February 5, three trade unionists who write for their union publication were abducted from suburbs around Colombo; three days later the government announced that they had been arrested under the emergency regulations for suspected ties to the LTTE. Over the past fifteen months nine media workers have lost their lives in varying circumstances, and no one has been charged with the deaths. The Karuna group in the east has issued death threats to the distributors of the Tamil-language newspapers Sudar Oli, Virakesari and Thinakkural. The military has been denying journalists access to LTTE-controlled areas and, as before, those journalists working in LTTE-controlled territories are under pressure not to criticize the LTTE. Impunity Remains the Norm Sri Lanka’s law-enforcement authorities have proven woefully incapable of dealing with the abuse. The peace secretariat’s statement of March 8 provides the results of police investigations into nine cases of abductions and “disappearances,” but this represents a small fraction of the total number of cases reported every month. A positive sign came on March 6 when the Inspector General of Police, Victor Perera, announced that the police had arrested over 400 persons since September 2006 on charges of abduction, including “ex-soldiers, serving, soldiers, police officers and underworld gangs and other organized elements.” Perera refused to provide further details and it remains to be seen whether these people will be prosecuted to the fullest extent of the law. A barrier to accountability lies in the non-implementation of the constitution’s 17th amendment, which provides for the establishment of a Constitutional Council to appoint independent members to various government commissions. By ignoring the amendment, the president has been able to directly appoint commissioners dealing with the police, public service and human rights, thereby robbing these important institutions of their independence and legitimacy. Sri Lanka’s law-enforcement authorities have proven woefully incapable of dealing with the abuse. The much publicized Commission of Inquiry and its group of international observers, including one US expert, established last year to investigate 15 cases of serious human rights violations may bring results, but Human Rights Watch considers it an inadequate mechanism for addressing the wide spectrum of serious and ongoing abuse. The commission will only investigate a selection of cases, and a broader international mechanism is needed to monitor and ultimately prevent human rights violations in the longer term. To address the intensifying abuse, Human Rights Watch believes an international human rights monitoring mission under UN auspices is urgently required. Monitors on the ground will help temper the behavior of all parties to the conflict, thereby protecting lives. A number of European Union states have already publicly expressed support for such a monitoring mission. We hope that the US government will back such an initiative and encourage key allies such as India to do the same. In particular, Human Rights Watch encourages you to raise the following points with President Rajapakse when you meet:
1. The Sri Lankan government should bring an end to child abductions by the Karuna group in the east, which is now done in plain view of the military and police. Abducted children and young men should be released and returned to their families. 2. The government should end the “disappearances” by the state and state-sponsored armed groups, including the Karuna group, EPDP and PLOTE, and prosecute those responsible. 3. The government should make public a list of all persons detained by the military and police under emergency regulations and other laws, and provide these people proper access to their families and legal representation. 4. Under no circumstances should the government forcibly return internally displaced persons and should instead work with displaced communities to provide for genuinely voluntary and safe returns. 5. The Sri Lankan government should accept a United Nations human rights monitoring mission to monitor abuses by both the LTTE and state security forces. We greatly appreciate your attention to these pressing issues and your consideration of the recommendations above. We hope our proposals will help protect civilians, promote human rights, and assist the development of a lasting political solution.
Sincerely,
Brad Adams Asia Director Human Rights Watch

Chavez underlines support for Haiti

Hugo Chavez, Venezuela's president, has visited Haiti as part of a wider Latin American tour, highlighting Venezuelan aid to the country.

The Venezuelan leader, who is a staunch critic of US policy and interests in the region, made the visit after stopping off in Jamaica to signal his support for the Caribbean nation.
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Chavez, whose tour mirrors a five-nation trip in the region by George Bush, the US president, waved to supporters as he was greeted by Rene Preval, Haiti's president.

"The Haitian people are an heroic people; so heroic but so downtrodden," said Chavez, soon after his arrival at Port-au-Prince.
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"I came here to confirm our affection and our commitment to Haiti.

"The fact that we could walk and run with these people is a great feeling," he said, referring to the warm welcome he received.

Supporters

Many in the welcoming crowd were supporters of ousted former president Jean-Bertrand Aristide and ran alongside Chavez's motorcade through the streets of the capital.

Some reached out and touched the Venezuelan leader, breaking through a police escort to make contact as he saluted onlookers.

"When Chavez says he wants to help Haiti, he really means it and he proves it," said Magalie Demosthenes, waving a Venezuelan flag.

"He does not do like some rich countries which have to humiliate you before giving you anything."

Bush is unpopular among Haiti's poor, many of whom believe the US helped overthrow Aristide, who fled Haiti in February 2004 in the face of an armed revolt and under US and French pressure to quit. He now lives in exile in South Africa.

Haiti has joined a Venezuelan programme called Petrocaribe, which provides preferential financing terms for oil.

Preval said the deal would save Haiti $150m a year, money that could be spent on desperately needed social programmes.

Venezuela has agreed to give Haiti about $120m in grants for construction projects and social programmes, and in a joint donation with Cuba will give Haiti five electricity-generating plants.

Jamaican leg

Chavez had earlier stopped in Jamaica, where he called for the Caribbean to support his Alternative for the Americas, a pact designed to counter free trade deals proposed by the US.

"We've invited and keep inviting the nations of the Caribbean, in this case Jamaica," he said.

"Only truly united can we be free, sovereign, really independent."

Portia Simpson Miller, Jamaica's prime minister, signed a deal with Chavez under which Venezuela will supply Jamaica with liquefied natural gas starting in 2009, said Philip Paulwell, the energy minister for Jamaica.

The agreement comes three weeks after Patrick Manning, Trinidad's prime minister, said his country could not supply Jamaica with 1.1 million metric tons of the gas it needs.

"We approached Venezuela in the context of the Petrocaribe agreement, and they have responded favourably," Paulwell said shortly after Chavez left.

aljazeera.com, MARCH 13, 20078:05 MECCA TIME, 5:05 GMT

Sri Lanka Ignores Tamil Rights at Summit, Rebels Say
(Update1)

By Paul Tighe

April 4 (Bloomberg) -- Sri Lanka's government is ignoring the rights of the minority Tamil population in its statements to the summit of South Asian leaders being held in New Delhi, the rebel Liberation Tigers of Tamil Eelam said.
``It is crucial that the voice of the Tamil people be heard'' at meetings of forums such as the South Asian Association for Regional Cooperation, TamilNet cited S.P. Thamilchelvan, the LTTE's political head, as saying yesterday.
President Mahinda Rajapaksa yesterday appealed to leaders at the summit to boost the fight against terrorism, citing a new air unit created by the LTTE as a threat to the region. The LTTE is forced to counter the aggression of the Sri Lankan military, Thamilchelvan said in response to the president's speech.
Fighting in Sri Lanka escalated last year as two rounds of peace talks failed to make any progress toward ending a two- decade conflict waged by the LTTE to create a separate homeland in the island nation. The LTTE bombed a military base March 26 near the capital, Colombo, in what it said was the first attack by its new air wing.
Sri Lanka's government is trying to ``exploit the prevailing global atmosphere against the armed resistance by the people who are left with no other alternatives than fighting for their rights,'' Thamilchelvan said, according to TamilNet. ``It has engaged its armed forces and paramilitaries in a genocidal war against the Tamil people.''
`Terrorist Groups'
The LTTE raid shows that South Asia ``is not safe from the barbaric terrorist groups,'' Rajapaksa told the summit. Efforts to curb terrorists must be ``sustained and far reaching and must include their sources of sustenance.''
The forum, known as Saarc, must work together on a counterterrorism strategy embracing the region, Rajapaksa said, according to an e-mailed transcript. The group, which consists of India, Pakistan, Sri Lanka, Nepal, Bangladesh, Bhutan and the Maldives, was established in 1985.
Sri Lanka's government blamed the LTTE for a Dec. 1 suicide bombing in Colombo that targeted Defense Secretary Gotabhaya Rajapaksa, the president's brother. The minister escaped injury in the attack that killed two soldiers.
The army deputy chief of staff was killed in a suicide attack last June and the LTTE was blamed for the worst suicide bombing against the military in October when 98 sailors died.
The LTTE, classified as a terrorist organization by the U.S., the European Union and India, has accused the government of trying to impose a military solution rather than agree to a political settlement.
Base Destroyed
The group has an estimated 12,000 fighters, including a 4,000-strong naval force known as the Sea Tigers. Tamils make up less than a fifth of the population of 20 million people.
Air force jets today bombed and destroyed a Sea Tiger base in the northeastern Mullaitivu district, the Defense Ministry said. There was no immediate comment on the attack by the rebels, who earlier said four civilians were injured in an air raid in Mullaitivu yesterday.
Fighting in the past six months forced as many as 200,000 civilians from their homes, the United Nations said last month.
Almost 4,000 people have been killed in violence in the past 15 months, compared with 130 deaths related to the conflict in the three previous years, the Sri Lanka Monitoring Mission said last month. The Norwegian-led group observes a 2002 cease-fire between the government and Tamil Tigers.
Breakaway Faction
The LTTE says the military is supporting a breakaway rebel faction known as the Karuna group, an allegation the army denies. The splinter group takes its name from Colonel Karuna, a former LTTE commander in the island's east, who in March 2004 broke away from the main command in the north.
Karuna, in an interview with the British Broadcasting Corp., denied his forces fight alongside the army. Karuna said he has formed a political party, the TMVP, and intends to contest provincial and national elections, the BBC reported.
He also questioned the LTTE's commitment to the peace process. Tamil Tiger leader Velupillai Prabhakaran told members to drag out peace negotiations to allow time for the rebels to buy weapons and ``be ready for the next stage of fighting,'' the BBC cited Karuna as saying.
He also rejected a UN report that his group continues to recruit child soldiers.
The 2002 cease-fire helped bring about uninterrupted growth in the country's $26 billion economy. International donors, led by the U.S., Japan, the EU and Norway, have appealed to both sides to come to peace talks to prevent a resumption of war.

To contact the reporter on this story: Paul Tighe in Sydney at ptighe@bloomberg.net Last Updated: April 4, 2007 07:08 EDT