Archive for January, 2007

Spokesman Rambukwella; Asset or liability to Country?

By D.B.S. Jeyaraj

There was a time when Lalith Athulathmudali in his “new” avatar as minister of national security in the government of JR Jayewardena thought it fit to address press conferences on security related matters. The Oxford – Harvard educated Athulathmudali had the gift of the gab and an eloquent turn of phrase. He made the most of his tenure as national security minister and used the media meets to put across his viewpoint about the “war” in the North – East.Press releases were also issued with his personal imprimatur.

Only the expressed views were not his own viewpoint in most instances. The minister was constrained in two respects. As the public face of of JR’s “war” he could not let the side down. Expediency and not the truth was expected of him. So he had to play ball along the lines required. The armed forces were a sacred cow. Even a morsel of criticism could not be levelled against the valiant security forces.

Secondly Athulathmudali was not privy to the truth about battlefront developments. He was confined officially to the reports that his own security forces and intelligence networks provided him. He could not budge from those confining limits even if he wanted to do so. Being a sophisticated intellectual with liberal democratic credentials Lalith did try to ascertain the whole truth from his own friends and trustworthy sources. Whatever the realities Lalith accepted in private the public Athulathmudali was always gung ho!

If truth was the first casualty in times of war the credibility of Athulathmudali soon became a casualty in the propaganda war. With Lalith being compelled to twist, adapt, distort and economise the “truth” as according to a politico – militaristic agenda his image began eroding in the eyes of the discerning public and informed world opinion. Only the hawkish elements in the polity supported him. Despite the “Jayawewa’s ” from these elements the “liberal” in Lalith was troubled. He consulted some of his journalist friends.

One idea proposed was the setting up of a media centre and delegating responsibility of issuing press releases to another Govt appointee. That person could also hold press briefings whenever necessary. When it came to important issues and instances where the minister’s presence was required Lalith himself could hold forth. Wherever possible Athulathmudali could make political capital out of real military victories.

Lalith jumped at this suggestion and set up a media centre. Prof. Tilak Ratnakara was delegated the duties of an unofficial defence spokesman.Ratnakara was pleased as punch about his new role and plunged into it with gusto!. He was unaware that he was being set up; little did he realise that much of the material being re- cycled by him was disinformation and misinformation.He rushed in where Athulathmudali feared to tread.

Ratnakara was a man who once wrote a scathing review of Prof. AJ Wilson’s book “Gaullist Constitution in Asia”in the now defunct “Sun”. In that he was particularly harsh on the publishers for daring to print on the flap – jacket another “flag” alongside the sword – bearing lion flag. It was the Eelam flag he thundered. The flag in question was the French tri- colour and it was printed for obvious reasons. The book was about the French model in the 1978 Constitution. Yet Ratnakara was quick to rush into print . Lalith had chosen his appointee well.

The Jayewardena regime was the one which made the inglorious transition into a national security state. The fumblings over a media sopkesman on defence affairs were essentially part of teething troubles most national security states in formation incur.The Rajapakse regime presides today over a blooming national security state. There is a full – fledged cabinet minister as accredited spokesperson on defence affairs. It is none other than Keheliya Rambukwella who crossed over from the greens to the blues after Mahinda came to power.

Rambukwella like Ratnakara does not hesitate to speak out. After all he is spokesman ain’t he? He does not mince his words when it comes to speaking on defence affairs which in this country is relegated mainly to anti – tiger propaganda. Keheliya does not hesitate to grasp the truth and present it in a form that leaves us gasping. A classic instance was over Maavilaaru. After repeatedly asking the LTTE to open the gates unilaterally Rambukwella performed a double somersault when the LTTE was prepared to do so by declaring that only the Govt could do so and not the tigers.Only Keheliya could do so without being comical.

Each man finds his niche and if Andy warhol is to be believed entitled to his fifteen minutes of fame. Keheliya has found his niche in Mahinda’s government and enjoys many, many minutes of fame. Rambukwella is the “ministerial” face of the on going war. He does not have the intellectual aplomb of an Athulathmudali but makes up for it with his zestful enthusiasm like a child with a new toy. After all you dont need much intellect for this task do you?Any Katurumurunga, Karawila or for that matter a Keheliya could do it.

There is no denying that in the eyes of the defence establishment Rambukwella is doing well. The national socialists, saffronistas and pseudo – patriots are eagerly lapping up what he dishes out regularly. According to a reputed analyst some people are comparing Rambukwella’s charisma to that of the legendary “Sitawake” Rajasinghe. Others want to bestow a doctorate on Keheliya.

Rambukwella is a man of the people. His remarkable record in Kandy against Anuruddha Ratwatte is testimony. Kandy withstood the Rajapakse tide during the Presidential elections mainly due to Rambukwella. I do think he was treated shabbily by Ranil but that is a different story.

The point that I wish to raise here is whether Rambukwella by his tendency to engage in unfettered propaganda is becoming a dangerous liability. He is certainly warming the cockles of many a “jathiwadi” by his pronouncements. This may even keep the Rajapakse constituency happy. But what has been overlooked is that as cabinet spokesman on defence affairs Rambukwella bears a tremendous responsibility . He may think comically that his duty is that of a cheap propagandist but that is not so.

Rambukwella must not forget that he is the public face of the Government in Defence affairs.Every word that he utters in that capacity can only be interpreted as the Government’s official position. When Keheliya contradicts himself it is the Govt that is seen as contradicting itself. When he makes an outlandish statement it is not perceived as that of Keheliya’s but as that of the Govt. When Keheliya blatantly utters “terminological inexactitudes” it is the Govt that is seen as a liar. Even if Rajapakse does not comprehend this I am sure people like Amunugama, Samaraweera and Fernandopulle do. “Keheliya Amathithuma , meka vihiluvak neme!”

In a sense Rambukwella is perhaps reflective of the Rajapakse regime’s unenviable record in making war. The callously cruel manner in which it is being waged has impacted greatly on the Government’s credibility. Yet it moves on fired by visions of military conquest and Rohana revival. Apart from this crisis of credibility the ramblings of Rambukwella have also beginning to upset the international community. Let me give just two instances.

Firstly there is his tirade against NGO’s and International NGO’s. ” Government has credible evidence that certain international and local NGOs unwittingly or knowingly supported the LTTE” Rambukwella revealed at a press conference on the 17th of January.Referring to the defensive operation launched against the LTTE in Ampara, he said the Police Special Task Force personnel have found a large amount of food stocks and other non-combatant equipment donated by several INGOs and states for tsunami victims in the captured LTTE camps in Ampara.

“What we have said a few months ago is proved today with ample evidence,” the Minister said referring to the recovery of The STF troops. “Now we have evidence-video footage of supplies being provided by INGOs and NGOs. This is not a personal attack on anyone or institution. It relates to the national security of the country,” he added. The Minister explained that the government would take necessary actions to monitor the activities of all NGOs operating in the country. With regard to those INGOs found to have become puppets to the LTTE he said the government will inform their parent countries via diplomatic means regarding their activities

With Rambukwella setting the stage sections of the media also followed suit. Two Organizations were named and “shamed”. Soon the “Saffronistas” launched demonstrations and marched without permission into the Colombo offices of the respective organizations. None of the intruders were arrested. Subsequently NGO officials met Defence Secretary Gotabhaya Rajapakse where it was conveyed officially that it was all a “misunderstanding”. Apologies were extended. The damage however was done.

The other instance concerns the Bi-lateral Donor group. The BDG had conducted a field research in Sri Lanka and compiled a report. It was for official purposes and not for public consumption at this point of time. Presumably Rambukwella had a copy. At a press conference held on Jan 23rd the cabinet spokesperson on defence affairs let fly .

Rambukwella according to a Defence Ministry media report revealed the “contents ” of an independent research carried out by the special representatives of the U.S, the U.K, Australia, Canada and the E.U on the present security situation in the North and Eastern provinces in the Island.

“They have asked the LTTE to stop forcible recruitment of civilians of all ages, exploiting aid workers for terror activities, child recruitment and use of civilians as shields if it need any serious considerations from the respective governments” the Minister said. ” They have also urged the LTTE not to disturb all humanitarian activities of the government and to join hands with the government in such activities” he added. Finally, Minister Rambukwella expressed his gratitude towards those countries for conducting such independent study and revealed the reality of the country’s situation to the world.

Despite Rambukwella’s “Thank You” the donor community was not pleased. They were perturbed when the media came out with the minister’s comments. The Bi-lateral Donor group issued a press release on Jan 24th. This is what it said -

The media today made reference to a report that was provided by the Bilateral Donor Group (BDG) to the government, summarising the findings of a series of missions undertaken by diplomatic Heads of Mission around the country. The media made reference to comments made by the Defence Spokesperson on this BDG report.

The BDG report was not intended to be for public distribution.

The briefing appears to have been only partial, covering only one element of the BDG report. There is, therefore, a risk that the public might get a misleading picture of the overall balance and contents of the report. To avoid that and in the interest of transparency and clarity, the participants to these Bilateral Donor Group missions have decided to put a summary of the report in the public domain.

The Bilateral Donor Group comprises all the main bilateral aid donors to Sri Lanka.

The summary report is published here in full –

Summary Report Bilateral Donor Field Missions, January 6 2007

1 Background

Monitoring missions to Ampara, Batticaloa, Trincomalee, Mannar, Vavuniya and Jaffna districts were conducted by the Bilateral Donor Group (BDG) – representatives of the British High Commission, Canadian High Commission, Australian High Commission, Swedish Embassy, Swiss Embassy, USAID and European Commission – during the last months of 2006. The purpose of the field missions was to assess the humanitarian situation and aid delivery in the field and report back to stakeholders in Colombo. The teams met with community leaders, affected populations, government representatives, business leaders, military leaders, SLMM, ICRC, UN and I/NGOs. This report summarises the main findings on humanitarian access, security and protection, and the special situation of internally displaced people (IDPs). It concludes with a summary of recommendations for the implementing humanitarian agencies, the international donor and diplomatic community, the Government of Sri Lanka (GoSL) and the LTTE. These missions were undertaken late last year and some issues have been dealt with but others remain of concern.

2 Access and humanitarian situation

The representatives found varying degrees of humanitarian access in the six districts visited. In general, the areas controlled by the Government are accessible for implementing agencies, but bureaucratic constraints, political pressures and ethnic tensions impede free movement. The areas controlled by the LTTE are accessible for the UN-agencies and the ICRC, but also this access is limited and subject to lengthy government approval procedures. LTTE controlled areas are generally restricted for INGOs, as indicated in the work permits issued by the Ministry of Defence (MoD), allowing access only to GoSL controlled areas. As an exception, the MoD recently approved a select number of INGOs to resume their work in LTTE controlled areas.

The representatives also found that there are restrictions on certain goods into LTTE controlled areas. Not only are fuel, cement and iron bars restricted (beyond the agreed levels in the CFA), but also tents and plastic sheets, with obvious implications for humanitarian operations. There are no formal restrictions on food items, but a complex set of factors such as insufficient transport capacity, fuel shortage and low levels of local food production mean that food consumption is currently below the required levels (e.g. 60% in Batticaloa). The IDP situation in Jaffna, Vakarai (Batticaloa) and Eechilampatu (Trincomalee) was reported to be the most severe, mainly due to the lack of access for humanitarian supplies and services.

The situation in the Jaffna peninsula is of particular concern, where also the government controlled areas have been cut off since the suspension of commercial flights and the closure of the A9 in mid-August. As a result the representatives found the population in a state of near-complete isolation, dependent on only a very fragile humanitarian relief supply chain. The Government is transporting basic food commodities (rice, flour, sugar, dhal) via sea, but this has become more difficult with the onset of the monsoon rains. The representatives were informed that the flow is insufficient to meet the basic nutrition needs and that the majority of the population is food insecure. The health system is also suffering from a supply distribution bottlenecks of essential medicines, limiting surgery and treatment of severe cases.

3 Security and protection

Military confrontation between the Sri Lankan Armed Forces (SLAF) and the LTTE has increased in all districts visited. In the Eastern districts it was reported that the military actions of the Karuna faction have become a major destabilising factor. The missions were informed of a steady increase this year of extra-judicial killings, abductions and disappearances. The abductions of mainly men and boys were attributed by local stakeholders to both the LTTE and the Karuna faction (and the PLOTE and EPDP factions in Jaffna). Especially worrying was the report of children being kidnapped from internally displaced persons (IDP) camps in Batticaloa. Local observers in the Eastern districts believe the SLAF and the Karuna faction are collaborating in their campaigns against the LTTE. This was however consistently denied by the Government representatives interviewed by the missions.

A special security concern, also hampering humanitarian efforts in the districts, is the report that the parties to the conflict might be using civilians and civilian installations as shields. For example, the civilian and IDP population in Vaharai is generally believed to be used by the LTTE as a human shield against SLAF and Karuna operations. In the same way, SLAF and Karuna camps tend to be located in the middle of urban or otherwise populous areas, bringing military activity dangerously close to IDP camps and civilian areas.

Human rights observers reported that they are not aware of any serious attempt by the legal system to investigate abductions or other crimes committed against civilians. They point at a collapse of rule-of-law in the area, with full impunity as an automatic result.

4 Recommendations

The overall recommendations for implementing humanitarian agencies, the international donor and diplomatic community, the Government of Sri Lanka (GoSL) and the Liberation Tigers of Tamil Eelam (LTTE), are:

1. Respect, uphold and promote International Humanitarian Law, especially the humanitarian imperative to assist all those in need in line with the principles of humanity, neutrality and impartiality

2. Respect, uphold and promote Human Rights Law to ensure civilian protection and security

3. Allow free and unfettered access to all areas of Sri Lanka for the purposes of delivery of humanitarian assistance to all vulnerable populations

4. Continually assess, monitor and evaluate the humanitarian situation in all areas and the local, national and international response, in order to reduce suffering and provide timely assistance, meeting international standards, wherever it is required

5. Improve civil-military relations through interaction and dialogue at all levels, driven by GoSL, LTTE, other protagonists, civil-society, community leaders, implementing agencies and donors
Anyone reading the summary report would discern easily that Keheliya Rambukwella was being ultra – economical with the truth in coming out with a twisted version of one aspect from a report that was confidential. From the minister’s perspective he had “scored” brownie points in the “imagined ” debate with the LTTE. But from the donor community point of view he had erred and erred badly. That is why the BDG took the unprecedented step of releasing the summary report to clearly refute Rambukwella and also express their displeasure.

Again one wonders whether these matters sink into the heart and mind of the Rajapakse regime. It does not matter an iota if Rambukwella’s ramblings affect only the Government that he is part of. But the ramifications go far beyond the Rajapakse Raj.Against that backdrp it is time to ponder whether Keheliya Rambukwella in his present capacity is an asset or liability to the Country.

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January 27th, 2007

Human Rights Watch points finger at govt. Tigers and Karuna faction

By D.B.S. Jeyaraj

The latest International organization to place the Government of Sri Lanka (GOSL) in the dock with the Liberation Tigers of Tamil Eelam (LTTE) and its breakaway Karuna faction known as the Tamil Makkal Viduthalai Puligal (TMVP) is the New York based Human Rights Watch.

The sovereign, democratically elected Government of Sri Lanka is charged along with an organization described as “terrorist” and its renegade off – shoot outfit for involvement in conscription of children and related abductions by the International rights watchdog HRW.

The LTTE has had a relatively longer track record on the question of child soldiers and has been at the receiving end of International criticism for many years.

But the new kid on the block is the TMVP tiger breakaway faction led by its former Eastern regional commander Vinayagamoorthy Muraleetharan alias “Col” Karuna. The Government of President Mahinda Rajapakse is accused of colluding with the TMVP in abducting and forcibly recruiting children in the Eastern province.

In the new 100-page report, released on January 24th , “Complicit in Crime: State Collusion in Abductions and Child Recruitment by the Karuna Group,” Human Rights Watch documents a pattern of abductions and forced recruitment by the Karuna group over the past year.

HRW notes in the report that in consistence with international law, the words “child” and “children” refer to anyone under the age of 18 wherever mentioned in the report.

The HRW has earlier issued two reports about the LTTE’s conscription of child soldiers and its fund raising activity in Canada and Britain.

Interestingly much of the blame against the LTTE for conscripting child soldiers related to its activity in the East. “Col” Karuna was the regional Eastern commander for Batticaloa – Amparai from 1987 to 2004.

The new HRW report is also critical of the mainstream LTTE but focusses more on the Karuna faction involvement and collaboration by Govt security personnel in such abductions and forced recruitment.

Incidently the UN Secretary – General also submitted a report relating to Sri Lanka on Jan 16th to the UN security Council on “Children and armed conflict” in Sri Lanka”. The UN report blamed the GOSL, LTTE and TMVP and urged “sanctions” against the LTTE but let off the TMVP and GOSL lightly in comparison.

The UN Security Council Working Group on Children and armed conflict would take up the Sri Lanka case on Feb 9th this year.UN special envoy Allan Rock who undertook a fact – finding mission to Sri Lanka will present his findings to the working group and participate in discussions.

“Col” Karuna was interviewed by the BBC Tamil service “Thamilosai” on the same day that the HRW report was out. He vehemently denied the charges made by HRW in the report. He accused the HRW of believing false propaganda supplied by the LTTE.

The LTTE has not officially reacted to the HRW report yet but the pro – tiger media in Sri Lanka and abroad have been going to town with the charges made against the Government and Karuna faction. A conspicuous silence is being maintained over the accusations made directly against the LTTE.

Government circles in Colombo were initially indignant. The gut reaction seemed to be that of dismissing the HRW revelations as “vile”, “baseless” and “based on inaccurate information” etc. There was a sudden change within 24 hours. It was now said that the “government was taking the report very seriously” and that ” if there is government involvement they would investigate fully ” etc.

There is speculation among diplomatic circles that “the responses are being modified ” to satisfy the International Community. A key donor conference to determine forthcoming International aid to Sri Lanka is scheduled for Jan 31st.

The GOSL low – key response to the UN Secy – General’s report has also attracted notice. There was a lot of heat generated in the media prior to the UN report. But after it was released there was remarkable “silence”.

This was in striking contrast to the orchestrated protests to allegations made by UN special envoy Allan Rock at a press conference in Colombo. Rock had conveyed the gist of his findings about GOSL complicity in the activities of the Karuna group to President Rajapakse directly. He had also informed the President of his intended press conference.

After Rock made startling disclosures at his press conference and left the Country anti – Rock frenzy was whipped up. His charges were vehemently denied and protest demonstrations were held. Rock was unfairly charged of being an agent of the LTTE. Official Govt propaganda sites continue to wage a campaign against Rock still.

The HRW has in this report spotlighted the actions of the GOSL,LTTE and TMVP but given more emphasis on the TMVP and related responsibility of the GOSL.

A western diplomat opined that this may be due to the fact that the LTTE is a “well – noted culprit” in these matters whereas the “Karuna group and Govt guys guilt is not that well – known”.

The HRW however has urged “targeted measures” against the LTTE for its continuous practice of conscripting and using child soldiers and for dishonouring earlier pledges made in this regard.

The HRW report shows with case studies, maps and photographs, i how Karuna cadres operate with impunity in government-controlled areas, abducting boys and young men, training them in camps, and deploying them for combat.

“The Karuna group is abducting children in broad daylight in areas firmly under government control,” says Brad Adams, Asia director at Human Rights Watch. “The government is fully aware of the abductions but allows them to happen because it’s eager for an ally against the Tamil Tigers.”

Based on research in Sri Lanka, including areas where the Karuna group operates, the report features testimony from two dozen family members of boys and young men abducted by the Karuna group. They described armed Karuna members forcibly taking their brothers, nephews and sons from their homes, workplaces, temples, playgrounds, public roads, and even a wedding.

The United Nations Children’s Fund (UNICEF) has documented more than 200 cases of child recruitment by the Karuna group in Sri Lanka’s eastern districts, where the group is active. But the real number is certainly much higher due to underreporting.

Children are not the only targets. HRW found that the Karuna group has abducted and forcibly recruited hundreds of young men between ages 18 and 30. HRW knows of only two cases in which the Karuna group abducted girls. It generally targets poor families, and often those who have already had a child recruited by the Tamil Tigers.

According to the HRW report ” At least since June 2006, and probably before, the Sri Lankan government has known about the Karuna abductions. The districts of the east where they have taken place are firmly under government control, with myriad military and police checkpoints and security force camps”.

“After years of condemning child recruitment by the Tamil Tigers, the government is now complicit in the same crimes,” says Jo Becker, child rights advocate at Human Rights Watch, who has written extensively about the Tamil Tigers. “The government’s collusion on child abductions by the Karuna group highlights its hypocrisy.”

In one incident in June 2006, the Karuna group abducted 13 boys and young men, holding some of them for a while in a shop across the street from an army post. Some of the parents pleaded with the soldiers to intervene. Two soldiers spoke with the Karuna group members, parents told HRW , but the soldiers did not stop the abduction.

On the same day in another village, soldiers from the Sri Lankan army gathered seven boys and young men in a field, checked their IDs, and took their photographs. Members of the Karuna group arrived that night and abducted four of the seven, although it remains unclear in this instance whether the army forces were deliberately acting in collusion with the Karuna group.

After abducting boys and young men, the Karuna group often holds them temporarily in the nearest office of its political party, the TMVP, which are routinely guarded by the Sri Lankan military or police. Parents told HRW that they either saw their abducted sons in these offices or TMVP officials confirmed to families that they had been there.

After a few days, the Karuna group usually transfers abductees to one of its camps in the jungle about 10 kilometers northwest of Welikanda town in the Polonnaruwa district, about 50 kilometers northwest of Batticaloa town. Welikanda is where the Sri Lankan Army’s 23rd division has its base.

The area is firmly under government control, as is the main A11 road from the eastern districts to the Welikanda area. Travel through the area necessitates passing through numerous army and police checkpoints, and transporting abducted youth to the camps would have been impossible without the complicity of government security forces. The Karuna camp at Mutugalla village is near a Sri Lankan army post notes HRW

“Not only do government forces fail to stop the abductions, but they allow the Karuna group to transport kidnapped children through checkpoints on the way to their camps,” Becker says.

HRW said that the Sri Lankan police are also complicit in their unwillingness to seriously investigate complaints filed by the parents of abducted boys and young men. In some cases, the police reportedly refused to register parents’ complaints. In other cases, the police registered the complaint but failed to undertake what the family considered a proper investigation. In no known case did the police secure the child’s release observes the HRW report

In a November interview with HRW , Karuna denied allegations that his forces were abducting or recruiting children. He said his forces had no members under age 20, and that they would discipline any commander who tried to recruit a person under that age. He subsequently made commitments to the UN to issue policy statements banning child recruitment, to release any child found among the Karuna group’s ranks, and to provide UNICEF with access to his camps.

On January 2, 2007, the TMVP, Karuna’s political party, provided UNICEF with regulations for its military wing, stating 18 as the minimum age for recruitment, and specifying penalties for members who conscript children.

There is no sign yet that these commitments are being honored. Local human rights activists and international agencies report that the Karuna group continued to abduct boys and young men in November and December 2006.

“The government must stop making excuses and launch a serious and impartial investigation of government complicity in Karuna crimes,” Adams said. “If the government won’t investigate, then it must allow an independent, international inquiry.”

The LTTE has long abducted children into its forces, and used them as infantry soldiers, intelligence officers, medics, and even suicide bombers.The new report also includes updated information on Tamil Tiger child abductions and urges the UN to impose targeted sanctions on the group because of its status as a repeat offender.

The UN should insist that the Karuna group immediately adopt and implement an action plan to end all recruitment and use of child soldiers, and consider targeted sanctions if it fails to do so, Human Rights Watch advocated.

On February 9, a UN Security Council working group on children and armed conflict is scheduled to consider reported violations against children by all parties to Sri Lanka’s armed conflict. The working group will make recommendations for Security Council action.

HRW has also called on the LTTE, TMVP, and the GOSL to stop the recruitment of children. The Karuna group and the Tamil Tigers should immediately release all children among their ranks, it said.

Human Rights Watch has published more than fifteen in-depth reports on the recruitment and use of children as soldiers by governments and non-state armed groups throughout the world.

Reports have previously documented the practice in Angola, Burma, Burundi, Colombia, the Democratic Republic of Congo, Lebanon, Liberia, Rwanda, Sierra Leone, Sudan, and Uganda.

A previous Human Rights Watch report on child recruitment in Sri Lanka, “Living in Fear: Child Soldiers and the Tamil Tigers in Sri Lanka,” was published in 2004.

The current report is based on a month-long research mission in Sri Lanka in October 2006. It presents information from 24 interviews with 20 families of abducted boys and young men in the districts of Amparai, Batticaloa, and Trincomalee (16 mothers, four fathers, two sisters, one grandmother, and one aunt), as well as witnesses to abductions.

In addition, Human Rights Watch spoke with Sri Lankan human rights activists and humanitarian aid workers, as well as foreigners working in Sri Lanka with international humanitarian organizations.

For reasons of security, many people spoke to Human Rights Watch on the condition that the report not mention their names or other identifying information. Therefore HRW has omitted details about individuals and incidents where it believed that information could place a person at risk.

On November 21, 2006 HRW wrote to Sri Lankan President Mahinda Rajapakse and to the Ministry of Disaster Management and Human Rights to ask for information about government attempts to investigate abductions and forced recruitment by the Karuna group .. A follow-up letter was sent in early December. As of January 15, 2007, neither the president’s office nor the ministry had replied.

On November 22, HRW wrote a letter regarding abductions and forced recruitment to V. Muralitharan, a.k.a. Colonel Karuna .. V. Muralitharan contacted Human Rights Watch by telephone on November 29, and his views are reflected in this report.

On November 28, HRW wrote to S.P. Tamilselvan, head of the LTTE’s political wing, to ask about LTTE efforts to end the use of child soldiers.. SP Tamilselvan replied in a letter dated December 5, 2006

The HRW has made several recommendations to the LTTE, TMVP, and GOSL in the new report. It has also recommended certain measures to the governments of donor nations,UN security council and all member states of the UN.

Among recommendations made to the LTTE and TMVP are to:

-Immediately stop all recruitment of children, including voluntary enlistment as well as recruitment effected by abduction or other force or coercion;

-Immediately cease the forced recruitment of all persons;

-Immediately cease the use of children in combat operations;

-Immediately release children and all others forcibly recruited and cooperate with UNICEF in ensuring their safe return to their families.

-The recommendations made to the Government are re- produced in full here because of its importance –

-Immediately end all cooperation with the Karuna group in the recruitment of children and in abductions;

-Immediately launch an investigation into the involvement of government security forces in the recruitment of child soldiers and abductions by the Karuna group, and hold accountable those complicit, regardless of rank;

-Take immediate steps to locate children recruited and all others forcibly recruited by the Karuna group and secure their return to their families, with follow-up protection;

-Together with UNICEF conduct unannounced inspections of the Karuna camps and TMVP offices listed in this report and others recently established;

-Close all camps of the Karuna group in government controlled areas that are used for the recruitment and training of children;

-Enact and enforce criminal penalties against individuals and groups who recruit children under the age of 18 into armed groups;
Instruct the police to actively investigate all reported cases of abduction of children and all others by the Karuna group, and take disciplinary or criminal action against those who fail to do so;

-Cooperate with humanitarian agencies to create corridors of safe passage for international agencies and monitors to investigate and follow up on reports of child and forced recruitment in areas of LTTE control;

-Work with donor governments to establish an international human rights monitoring mission under United Nations auspices to monitor government, Karuna group, and LTTE violations of human rights and international humanitarian law, including abductions and child recruitment;

-Amend the Emergency (Prevention and Prohibition of Terrorism and Specified Terrorist Activities) Regulation No. 7 of 2006 to exclude as an offense the participation of children under the age of 18 in groups engaged in terrorism, and the participation of any person based on having been forcibly recruited;

-Submit to the UN Committee on the Rights of the Child Sri Lanka’s overdue initial report on compliance with the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;

-Ratify the Rome Statute of the International Criminal Court.

All governments of donor nations have been presented with the following list of recommendations:

-Urge the Karuna group and the LTTE to immediately end all recruitment of children and all persons forcibly recruited, and to release all children and abductees currently in its forces;

-Urge the government of Sri Lanka to take all feasible measures to
end the involvement of government security forces in the recruitment–whether forced or voluntary–of children and the forced recruitment of all persons by the Karuna group;

-secure the release and return of all children recruited, and all persons forcibly recruited, by the Karuna group and

-conduct a thorough investigation of individuals involved in such recruitment, and bring them to justice, regardless of rank;

-Donor Governments have also been requested to “Work with the Sri Lankan government to establish an international human rights monitoring mission under United Nations auspices to monitor government, Karuna group, and LTTE violations of human rights and international humanitarian law, including child recruitment and abductions”.

The UN security Council has been asked the following:

” In light of the LTTE’s continuing use of children in its forces and in accordance with Security Council Resolution 1539 on children and armed conflict (April 22, 2004) and Security Council Resolution 1612 (July 26, 2005), adopt targeted measures to address the LTTE’s persistent failure to end its recruitment and use of child soldiers. Such measures could include the global imposition of travel restrictions on leaders and their exclusion from any governance structures and amnesty provisions, a ban on the supply of small arms, a ban on military assistance, and restriction on the flow of financial resources”.

All member states of the UN have been urged by the HRW to:

“In accordance with Security Council Resolution 1379 on children and armed conflict (November 20, 2001), use all legal, political, diplomatic, financial, and material measures to ensure respect for international norms for the protection of children by the parties to the conflict. In particular, states should unequivocally condemn the continued recruitment and use of child soldiers by the Karuna group and the LTTE, and withhold any financial, political, or military support to these groups until they end all child recruitment and release all children currently in their forces”.

The HRW is expected to remain actively vigilant on the issue concerned by monitoring all related activity on ground and by engaging officials of the Sri Lankan Government as well as the LTTE and TMVP.

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January 27th, 2007

Mass detention in South of many innocent Tamil People

By D.B.S. Jeyaraj

An on going feature of the Rajapakse regime is the mass arrest of Tamil people in Colombo, suburbs and other areas in the South. Hundreds of innocent Tamils are languishing in Police stations and in the Boosa detention centre.

This practice of rounding up Tamils and arresting them on a mass scale first began during the times of Chandrika Bandaranaike Kumaratunga. The mastermind behind this was then senior DIG Police HMB Kotakadeniya . In a purported attempt to cleanse Colombo and suburbs of potential tigers Kotaka initiated this notorious practice. Thousands were arrested and detained amidst inhuman conditions in Police stations and subsequently in jails..

The criteria for being treated as tiger suspects were two things. Failure to register themselves with the local cop shop and lack of proper identification documents. Many Up Country Tamils do not have these documents. So most of those arrested in Colombo were from the Plantation areas working or seeking employment in Colombo. Significant numbers of North – Eastern youths were also detained.

“Plantation Patriarch” Saumiyamoorthy Thondaman the Ceylon Workers Congress leader and cabinet minister began exerting pressure on President Kumaratunga. The Tamil United Liberation Front also followed suit. The TULF also met then Attorney – General Sarath de Silva and discussed the issue. TULF legal eagle Dr. Neelan Tiruchelvam planned a campaign where the courts were to be flooded with writs of habeas corpus and fundamental rights applications.

All this plus the personality factor of Chandrika saw the Kotakadeniya modus operandi being discredited and discarded. The mass arrests were stopped. Kotakadeniya himself was transferred out of Colombo. Later he was overlooked for promotion as IGP. A disgusted Kotaka opted to retire. He then entered politics and became a senior vice – president of the Hela Urumaya.

After Mahinda came to power the “Jathika” types got ensconced in the seats of power. Kotakadeniya became defence adviser.The return of Kotakadeniya was demonstrated through the resurrection of cordons, searches, mass arrests and detentions in Colombo and in Up – Country areas. One again there was an outcry. This time it was the International community (IC) which remonstrated “quietly” to the Government. Former Indian High Commissioner Nirupama Menon Rao played a significant role in persuading Mahinda Rajapakse. Things improved.

Now the nefarious practice has been revived again in the name of national security. Recent events have contributed to this. The assassination attempt on the President’s sibling and Defence ministry secretary Gotabhaya Rajapakse was a sharp, turning point. The draconian Prevention of Terrorism Act (PTA) was re – activated. It had been de – activated after the Ceasefire agreement came into force. The emergency regulations were amended and enhanced.

Elements of the PTA were incorporated into new provisions known as ” Prevention and Prohibition of Terrorism and Specified Terrorist Activities Regulations (PPTSTAR) . The new regulations made explicit reference to the PTA.When announcing the renewed war on terror Mahinda made it a point to emphasise that these were not necessitated by the fact that his own brother escaped a flagrant assassination attempt in Colombo. It is hard to say whether this was a Freudian slip or not.

The two bus explosions at Nittambuwa and near Hikkaduwa in early January saw several civilians being killed. It also brought home the frightening reality that “bombs” could target civilians in any part of the Island. Earlier the Government thought it had a monopoly of bombarding civilians. While jet bombers were dropping bombs on civilian dwellings in the North – East parcel bombs were going off in buses in the South.

This triggered off the current wave of arrests and detentions. It must be noted that there was no clear evidence of who was responsible for the bombings. Though the state and state – sponsored media were quick to blame the Liberation Tigers of Tamil Eelam (LTTE) others were not so sure. Many Countries condemning the bombings lamented the attacks on civilians but refrained from attributing blame on any party.

Given its track record the LTTE may very well have been responsible but stories circulating in Colombo also laid suspicions on a “reformed” political party with a history of anti – people violence and also the dirty tricks dept of intelligence outfits. With tales of many Sinhala persons collaborating with the LTTE it was also possible that the parcel bombs could have been placed in the buses by Sinhala people themselves.

But to the Rajapakse regime the only suspect was the LTTE and by extension the Tamils. Security operations began with Tamils as targets.Colombo, Wattala,Kotte, Gampaha, Minuwangoda, Negombo, Boralesgamuwa, Dehiwela , Ambalangoda etc were all areas where searches and arrests were conducted. “suspicious” Tamils too were arrested at random. At one point more than 700 Tamils were arrested. They were all taken to Police stations.

Boosa in the deep South was a notorious detention centre for Tamils arrested under the PTA in the eighties and nineties. Once again Tamils were taken to Boosa. The current official position is that 116 persons are being held in Boosa. Of these eight are women. Inquiries are over for many and 33 persons found “innocent” were scheduled to be released by Friday Jan 26th. Another 41 regarded as “innocent” are expected to be released before Feb 8th it is said. But Boosa figures are fluid because arrests and detentions are an on going phenomenon.

Many of those arrested were released after prolonged detention and interrogation in Police stations. Currently it is estimated that around 300 are held in Police stations in Colombo, suburbs and outstations. There is much confusion about the criteria for arrests and the procedures adopted. It is also unclear as to which category of detenues is taken to Boosa and which category is released after interrogation in police stations.

Our khakied fraternity is well – known for its honesty and incorruptible integrity. There are instances of arrested Tamils being released quickly if the right connections are made and the correct “Santhosams” paid. I am personally aware of two employees at a hotel being arrested and then released after the concerned proprietor gave Rs two lakhs to the local guardians of law and order. The long arm of the law has an outstretched palm!.

Not all are so lucky because they have neither the connections nor resources. A final year undergrad from Peradeniya university came down to Colombo for a day and night to celebrate Thai Pongal. She had not been “registered” with the Police when a raid occurred. She was taken in as a “suspect” in spite of showing her national ID card and University documents. She was arrested on Jan 14th and is yet to be released.

Another disturbing incident was on Tuesday Jan 23rd. The Galle bound evening train from Colombo was stopped suddenly at Ratmalana. There had been a tip – off that a suicide bomber was traveling in it with plans of blowing it up. Nearly 2000 passengers were on the train and all were checked. Those who did not fit the “racial profile” were let off easily. One Tamil woman was arrested. Apparently the passengers were all remaining in the train while the checking was on. If there had been a suicide bomber on the train it would have been so easy to self – explode. That’s our security!

Among the latest reports of arrests were the round – up and detention of some Tamils in Mt. Lavinia and Dehiwela on the night of Wednesday Jan 24th. Eleven were taken to Galkissa Police station and nine to Dehiwela.According to Police sources those detained in Dehiwela comprise six young Tamil women, an old Tamil woman of seventy years and two men.

Their “offense” was not following proper registration procedures said Police sources. They were all from the North and had not registered with the Dehiwela Police. Some of those arrested were gainfully employed in Colombo. What is puzzling is that the Dehiwela Police had not given out forms to residents to fill out and register those from the North – East. Only the Wellawatte Police seem to have done this. Even many Bambalapitiya and Kollupitiya residents have not been given relevant forms.

The confusion is compounded further because of the criteria adopted in arresting people. People are treated as “suspects” for not having proper identification documents it is said.According to an Up – Country Tamil MP a senior Supdt of Police had told him that documents such as national ID card, Birth Certificate, Certificates of proof from Grama Sevakhas and Principals of Educational Institutions or Employers were required. But many of those arrested were in possession of these documents but were detained.

The Pettah Police detained some people from the Up – Country recently. When Up – Country Peoples Front MP and deputy – minister Radhakrishnan made inquiries he was told that they were detained only to be finger – printed and that they would be released in due course. If only fingerprinting was needed why take and lock them up for days at a stretch?

The Police cells and rooms are overcrowded. Most detenues sleep in a sitting position. Many of those detained are from the plantation areas without the necessary documents. They are not “bigshots” but those employed in menial jobs.

Keheliya Rambukwella the ebullient cabinet spokesperson on Defence affairs was interviewed by the BBC Tamil Service “Thamilosai” on this matter. He said that people were being detained because they had not registered themselves. When asked why they were being taken to Boosa Rambukwella said that they needed a place to rehabilitate them. Why on earth do people who failed to register themselves need rehabilitation in Boosa? That was a question the interviewer failed to ask of Keheliya.

An important question is the legal basis for these arrests. Lawyers retained by a Human Rights Organization were surprised to find some cops saying the suspects were being held under a CDO. This was something new to them. A CDO apparently is a Criminal Detention Order under the newly passed PPTSTAR of enhanced emergency regulations. So the Up Country Tamil MP’s concerned about mass arrests of Plantation youths are helping to perpetuate this state of affairs by regularly voting to extend the emergency.

Another shocking revelation was that many Police Stations had been given bundles of CDO forms in advance. All CDO forms have been “assang korala ” on a mass scale by the Defence Secretary. All that the Police officers had to do was fill out the necessary personal particulars of the detenues and hold them in captivity in the Police stations or send them to Boosa. The valid period for detention was one month. Thereafter further extensions were required but there was no problem as they were readily available in bulk.

The purpose of requiring the Defence Secretary to sign detention orders under the PTA or PPTSTAR is to ensure that Police officials are not guilty of abuses and excesses. In a delicate exercise of checks and balances civilian authority is necessary to restrain the security forces from running amok. The Defence secy or his delegated civilian deputies are expected to examine each case and approve of detention or extension of detention only where it is felt to be warranted.

This procedure is not always followed in practice. Defence Secy’s have signed orders mechanically without going into the merits in detail. But in this case the current Defence Secretary has “devolved” authority and responsibility by providing Police Officers with signed blank detention forms in bulk beforehand. With such a bonanza the local cops are having a field day by detaining a “suspect” for some, any or no reason at all.

Gotabhaya Rajapakse being a retired Army officer is conducting himself with a military mindset but what he seems to have forgotten is that he is now a civilian official with clear cut duties and responsibilities. An axiom of the rule of law is the presumption of innocence until proven guilty Here the suspects are deemed guilty first and have to prove their innocence

No one questions. By his actions the younger Rajapakse can be deemed of abusing his duties. He may not know why a particular person has been arrested but he bears the responsibility by virtue of his position and powers. Rajapakse should consult former Defence Secy Chandrananda de Silva who was “rejected” by Canada when appointed as envoy to Ottawa. Gotabhaya who is a US citizen should ask himself why that happened to Chandrananda.

When the PTA was re-activated in new form the Free Media Movement (FMM) called on the Government of Sri Lanka (G to “clarify the precise implications of its decision to reactivate the PTA.” .”We note that the latest proclamation is at pains to posit itself within the nature and scope of legitimate anti-terrorism measures as set out in the UN Security Council Resolution No. 1373 of 2001. Nevertheless, given the long history of emergency-related abuse of power in Sri Lanka, there are several points of serious concern with regard to the new regulations,” the FMM release said.

The FMM misgivings are proving to be very relevant in the present context. The GOSL must come out with a detailed explanation. The people particularly the racially profiled Tamil people must be told specifically of their obligations and rights. People must know why they are being arrested and what crime they have committed. All those genuinely concerned about the inherent rights of a human being should question the regime as to whether people need to be detained in Boosa and elsewhere under inhuman conditions for not having proper ID or failing to register.

Meanwhile Tamils continue to suffer arrests and detentions for flimsy and garbled reasons. The Rajapakse regime is becoming noted for its pronounced anti – Tamil stance under the pretext of combating terrorism. No one questions the Government’s right to adopt security measures to combat terrorism. But are these methods like arresting people for not registering or not having adequate documentations justifiable or workable?

The LTTE has excellent ID documents .They seldom get caught for things like these. Only the innocent, poor and powerless fail in these matters. Poor souls! Sadly there is no powerful political voice to protest this racial profiling and mass detentions.

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January 26th, 2007

Sri Lankan Govt complicit in Karuna group abductions says HRW

Human Rights Watch Report – 1
Sri Lankan Govt complicit in Karuna group abductions says HRW

BY D.B.S. Jeyaraj

The Human Rights Watch based in New York has accused the Sri Lankan Government of complicity in abductions perpetrated by the breakaway tiger faction known as the Tamil Makkal Viduthalai Puligal (TMVP) in the Island’s eastern province.

The TMVP is led by ex – Eastern tiger commander Vinayagamoorthy Muraleetharan alias “Col” Karuna who broke away from the Liberation Tigers of Tamil Eelam (LTTE) in 2004 and is now collaborating with the Government of Sri Lanka (GOSL) in waging war against his former organization.

The Karuna group or TMVP is actively involved in abducting and conscripting children and young adults with the GOSL allegedly aiding and abetting charges HRW the respected human rights watchdog .

In the new 100-page report, “Complicit in Crime: State Collusion in Abductions and Child Recruitment by the Karuna Group,” Human Rights Watch documents a pattern of abductions and forced recruitment by the Karuna group over the past year. With case studies, maps and photographs, it shows how Karuna cadres operate with impunity in government-controlled areas, abducting boys and young men, training them in camps, and deploying them for combat.

“The Karuna group is abducting children in broad daylight in areas firmly under government control,” says Brad Adams, Asia director at Human Rights Watch. “The government is fully aware of the abductions but allows them to happen because it’s eager for an ally against the Tamil Tigers.”

Based on research in Sri Lanka, including areas where the Karuna group operates, the report features testimony from two dozen family members of boys and young men abducted by the Karuna group. They described armed Karuna members forcibly taking their brothers, nephews and sons from their homes, workplaces, temples, playgrounds, public roads, and even a wedding.

The United Nations Children’s Fund (UNICEF) has documented more than 200 cases of child recruitment by the Karuna group in Sri Lanka’s eastern districts, where the group is active. But the real number is certainly much higher due to underreporting.

Children are not the only targets. Human Rights Watch found that the Karuna group has abducted and forcibly recruited hundreds of young men between ages 18 and 30. Human Rights Watch knows of only two cases in which the Karuna group abducted girls. It generally targets poor families, and often those who have already had a child recruited by the Tamil Tigers.

According to the HRW report ” At least since June 2006, and probably before, the Sri Lankan government has known about the Karuna abductions. The districts of the east where they have taken place are firmly under government control, with myriad military and police checkpoints and security force camps”.

“After years of condemning child recruitment by the Tamil Tigers, the government is now complicit in the same crimes,” says Jo Becker, child rights advocate at Human Rights Watch, who has written extensively about the Tamil Tigers. “The government’s collusion on child abductions by the Karuna group highlights its hypocrisy.”

In one incident in June 2006, the Karuna group abducted 13 boys and young men, holding some of them for a while in a shop across the street from an army post. Some of the parents pleaded with the soldiers to intervene. Two soldiers spoke with the Karuna group members, parents told Human Rights Watch, but the soldiers did not stop the abduction.

On the same day in another village, soldiers from the Sri Lankan army gathered seven boys and young men in a field, checked their IDs, and took their photographs. Members of the Karuna group arrived that night and abducted four of the seven, although it remains unclear in this instance whether the army forces were deliberately acting in collusion with the Karuna group.

After abducting boys and young men, the Karuna group often holds them temporarily in the nearest office of its political party, the Tamil Makkal Viduthalai Pulikal (TMVP), which are routinely guarded by the Sri Lankan military or police. Parents told Human Rights Watch that they either saw their abducted sons in these offices or TMVP officials confirmed to families that they had been there.

After a few days, the Karuna group usually transfers abductees to one of its camps in the jungle about 10 kilometers northwest of Welikanda town in the Polonnaruwa district, about 50 kilometers northwest of Batticaloa town. Welikanda is where the Sri Lankan Army’s 23rd division has its base. The area is firmly under government control, as is the main A11 road from the eastern districts to the Welikanda area. Travel through the area necessitates passing through numerous army and police checkpoints, and transporting abducted youth to the camps would have been impossible without the complicity of government security forces. The Karuna camp at Mutugalla village is near a Sri Lankan army post notes HRW

“Not only do government forces fail to stop the abductions, but they allow the Karuna group to transport kidnapped children through checkpoints on the way to their camps,” Becker says.

Human Rights Watch said that the Sri Lankan police are also complicit in their unwillingness to seriously investigate complaints filed by the parents of abducted boys and young men. In some cases, the police reportedly refused to register parents’ complaints. In other cases, the police registered the complaint but failed to undertake what the family considered a proper investigation. In no known case did the police secure the child’s release observes the HRW report

In a November interview with Human Rights Watch, Karuna denied allegations that his forces were abducting or recruiting children. He said his forces had no members under age 20, and that they would discipline any commander who tried to recruit a person under that age. He subsequently made commitments to the UN to issue policy statements banning child recruitment, to release any child found among the Karuna group’s ranks, and to provide UNICEF with access to his camps.

On January 2, 2007, the TMVP, Karuna’s political party, provided UNICEF with regulations for its military wing, stating 18 as the minimum age for recruitment, and specifying penalties for members who conscript children.

There is no sign yet that these commitments are being honored. Local human rights activists and international agencies report that the Karuna group continued to abduct boys and young men in November and December 2006.

In November, after UN envoy Allan Rock raised allegations of government complicity in Karuna abductions, the Sri Lankan government promised an investigation. Instead, government and military officials launched attacks against Rock’s credibility.

“The government must stop making excuses and launch a serious and impartial investigation of government complicity in Karuna crimes,” Adams said. “If the government won’t investigate, then it must allow an independent, international inquiry.”

The LTTE has long abducted children into its forces, and used them as infantry soldiers, intelligence officers, medics, and even suicide bombers. Human Rights Watch documented the practice in a 2004 report, “Living in Fear: Child Soldiers and the Tamil Tigers in Sri Lanka.”

The new report also includes updated information on Tamil Tiger child abductions and urges the UN to impose targeted sanctions on the group because of its status as a repeat offender. The UN should insist that the Karuna group immediately adopt and implement an action plan to end all recruitment and use of child soldiers, and consider targeted sanctions if it fails to do so, Human Rights Watch advocated.

On February 9, a UN Security Council working group on children and armed conflict is scheduled to consider reported violations against children by all parties to Sri Lanka’s armed conflict. The working group will make recommendations for Security Council action.

Human Rights Watch has also called on the LTTE, TMVP, and the GOSL to stop the recruitment of children. The Karuna group and the Tamil Tigers should immediately release all children among their ranks.

Human Rights Watch has published more than fifteen in-depth reports on the recruitment and use of children as soldiers by governments and non-state armed groups throughout the world. Reports have previously documented the practice in Angola, Burma, Burundi, Colombia, the Democratic Republic of Congo, Lebanon, Liberia, Rwanda, Sierra Leone, Sudan, and Uganda. A previous Human Rights Watch report on child recruitment in Sri Lanka, “Living in Fear: Child Soldiers and the Tamil Tigers in Sri Lanka,” was published in 2004.

The current report is based on a month-long research mission in Sri Lanka in October 2006. It presents information from 24 interviews with 20 families of abducted boys and young men in the districts of Ampara, Batticaloa, and Trincomalee (16 mothers, four fathers, two sisters, one grandmother, and one aunt), as well as witnesses to abductions.

In addition, Human Rights Watch spoke with Sri Lankan human rights activists and humanitarian aid workers, as well as foreigners working in Sri Lanka with international humanitarian organizations.

For reasons of security, many people spoke to Human Rights Watch on the condition that the report not mention their names or other identifying information. Therefore HRW has omitted details about individuals and incidents where it believed that information could place a person at risk.

On November 21, 2006 Human Rights Watch wrote to Sri Lankan President Mahinda Rajapakse and to the Ministry of Disaster Management and Human Rights to ask for information about government attempts to investigate abductions and forced recruitment by the Karuna group .. A follow-up letter was sent in early December. As of January 15, 2007, neither the president’s office nor the ministry had replied.

On November 22, Human Rights Watch wrote a letter regarding abductions and forced recruitment to V. Muralitharan, a.ka. Colonel Karuna .. V. Muralitharan contacted Human Rights Watch by telephone on November 29, and his views are reflected in this report.

On November 28, Human Rights Watch wrote to S.P. Tamilselvan, head of the LTTE’s political wing, to ask about LTTE efforts to end the use of child soldiers.. SP Tamilselvan replied in a letter dated December 5, 2006.

HRW notes that in consistence with international law, the words “child” and “children” refer to anyone under the age of 18 wherever mentioned in the report.

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January 24th, 2007

Lanka Govt denies complicity in conscription of children by TMVP

Human Rights Watch Report – 2.
Lanka Govt denies complicity in conscription of children by TMVP

By D.B.S. Jeyaraj

The latest report released by Human Rights Watch on the activities of the renegade tiger faction led by Vinayagamoorthy Muraleetharan alias “Col” Karuna amounts to a damning indictment of the Sri Lankan Government’s complicity in the conscription of children and adults in the Eastern province.

The report was released on Wednesday January 24th.The Sri Lankan Government has officially denied complicity in the exercise but is widely disbelieved by knowledgeable observers.

Relevant extracts from the 100 page HRW report “Complicit in Crime: State Collusion in Abductions and Child Recruitment by the Karuna Group” are extensively reproduced here to provide an insight into this reprehensible state of affairs.

” Residents of Sri Lanka’s eastern districts frequently spoke of government complicity in Karuna group abductions as an obvious fact. Tamils in Ampara, Batticaloa, and Trincomalee districts say they have seen Karuna members working with the army and police at checkpoints–an allegation the government denies–and that armed Karuna cadre walk freely through villages and towns in areas under government control, sometimes wearing Sri Lankan army uniforms.

Among international monitors and aid workers the connection is also clear. “We have known for some time that there is a level of co-operation between certain elements of the security forces and the Karuna faction,” a spokesperson of the Sri Lanka Monitoring Mission said in November 2006. “We are compiling more information and will present the government with a comprehensive report on the matter.”

Regarding recruitment of children by the Karuna group, the staff member of one international agency was more blunt. “Recruitment is happening openly and with impunity,” the person said. “It’s incomprehensible for us that the government would say they don’t know what’s going on.”

Until mid-November 2006, the government denied any knowledge of abductions by the Karuna group. But the following, each already noted above, demonstrate that government officials must have known of the abductions, at least since the middle of June 2006, and probably before.

In June 2006 the Karuna group abducted 13 boys and young men from one village in the Batticaloa district. Four families of abductees told Human Rights Watch that the Sri Lankan army witnessed the abductions from its camp across the road. The parents requested help and soldiers spoke with members of the Karuna group but did not take effective action to secure the abductees’ release.

On June 22, UNICEF issued a public statement about abductions by the Karuna group and called on the Sri Lankan government to investigate:

UNICEF in Sri Lanka is calling for immediate action to halt the abduction and forced recruitment of children by the Karuna group. Over the past week, the agency has verified reports of thirty cases in Batticaloa district. Reports of abduction and forced recruitment of boys under the age of 18 from the area have increased since March of this year.

In July a group of mothers from Batticaloa district submitted a petition to the Supreme Court about abductions allegedly by the Karuna group. The 48 mothers sent the names of their children with all relevant information about the abduction to President Rajapakse, the minister for disaster management and human rights, and the Human Rights Commission, as well as to the United Nations.

On December 1 Minister of Disaster Management and Human Rights Mahinda Samarasinghe told Human Rights Watch that he had only seen the petition about two months before, although he conceded that it might have been sent in July. Investigations by the army into some of the 48 cases began in December 2006. According to local human rights groups, the army pressured many of the parents not to identify the Karuna group. In January 2007 Samarasinghe told a journalist that the police were also asked to investigate.

Additional evidence of government knowledge and complicity in Karuna abductions can be gleaned from the location of Karuna camps where abducted children are held. According to parents who visited their children in these camps near Welikanda, the area is under close government control, to such an extent that in some places Karuna checkpoints are within eyesight of the army or police

. Communication and coordination between the Karuna group and Sri Lankan army and police was evident from accounts of parents going to Karuna camps to see their sons. To get to the Karuna camps, most parents took a bus to the Sewanpitiya junction with the main A11 road, where the Sri Lankan army has a checkpoint. There, visiting parents sometimes had to give their names to the soldiers (sometimes also their identification cards), who informed persons indicated to be members of the Karuna group that the parents were on their way. Then the parents took trishaws or buses to the Karuna camp. Karuna forces speaking Tamil and wearing green Sri Lanka army uniforms were in the area, they said.

“I had to go through a Sri Lankan army checkpoint at the junction. The head of our group gave the names of our kids to the army officer at the checkpoint and the camp we were going to,” the mother of an abducted 16-year-old said. “The army let us go.”

In one case documented by Human Rights Watch, Sri Lankan soldiers spoke with the mothers while they were trying to visit their sons. The mother of a young man who with other parents saw her son in a Karuna camp said the soldiers based nearby were aware of the reason for the visit but did nothing to secure the abductee’s release:

The first time we went to the camp in Mutugalla, two Sri Lankan army soldiers came from the army camp within 30 minutes and asked the Karuna guys what the mothers were doing there. The Karuna guys replied that we came to visit our children. The two soldiers asked us questions and asked what happened. They were speaking Sinhala and we didn’t understand very well. They spoke in Sinhala with the Karuna members. After they spoke to the soldiers, the Karuna guys asked us to leave the camp and we left.

In one of the most egregious reported cases of government complicity, local human rights activists and the mother of an abducted young man told Human Rights Watch that one child who escaped from a Karuna camp had gone to the Sri Lankan army for protection, but the soldiers handed him back to the Karuna group. Human Rights Watch did not independently verify this case.

The main road from the eastern districts to the Welikanda area is firmly under government control and highly militarized. Transporting several hundred abducted boys and young men during the year to the Karuna camps would have been impossible without the knowledge of government security forces. Travel in the area requires going through numerous checkpoints of the army and police.

Along the A15 road, which runs north-south from Trincomalee down the coast to Batticaloa, and along the A11, which runs east-west from north of Batticaloa town to Welikanda, it is impossible to travel more than 10 kilometers without some form of security control. When Human Rights Watch drove the roughly 50 kilometer stretch between Welikanda and Batticaloa town on October 13, researchers counted more than 14 checkpoints, ranging in size from mobile controls to permanent camps. According to a humanitarian agency active in the east, government security forces typically maintain about nine checkpoints between Welikanda and Valaichchenai on the A11 alone; two of them are where passengers get out of their vehicles and are searched.

Transporting abducted boys and young men from Ampara district would prove even harder. The coastal A4 road from Ampara to Batticaloa town has a strong presence of the police Special Task Force (STF). On October 17, Human Rights Watch observed three large STF camps along the route.

Another place where parents have seen their abducted sons is the TMVP office in Batticaloa town. International aid agencies have also seen armed children on the premises. When Human Rights Watch walked by the office on October 16, it was guarded on three sides by the Sri Lankan police. International aid workers said that the police had been protecting the building since construction began in early 2006. Human Rights Watch also observed the TMVP office in Akkaraipattu, which was guarded by the STF. The TMVP office in Trincomalee was guarded by the navy.

Government protection of the TMVP is understandable because party offices have come under repeated attack by the LTTE. But the presence of security forces around the buildings makes it highly unlikely that they failed to see abducted children on the premises.

Both the government and the Karuna group deny any coordination between them. Sri Lankan defense spokesperson Keheliya Rambukwella told the media: “We have been right throughout denying that we are involved with them,” referring to the Karuna group. Karuna told Human Rights Watch in late November 2006: “We do not cooperate with the army and the army does not cooperate with us.” As if to suggest that cooperation would mean impunity for his forces, he added: “Thirty of our cadres have been arrested by the army for carrying arms.”

But residents in eastern districts routinely observed the close ties between government and Karuna forces. Staffers from two international agencies working in the eastern districts told Human Rights Watch that the easiest way for them to contact the Karuna group was through the Sri Lankan military.

The Sri Lankan government is ultimately responsible for providing security to ensure that civilians are not abducted by armed groups and that children are not recruited, voluntarily or otherwise, to take part in armed conflict. This is particularly the case in areas under the government’s effective control.

The government security forces active in the eastern districts are the Sri Lankan army, the navy, the regular police, and the police’s Special Task Force, which is engaged in counterinsurgency operations. Unless stated otherwise, officers noted below were, according to the information available, in command during Human Rights Watch’s visit in October 2006.

In Batticaloa district responsibility for security is primarily with the army, which maintains a network of outposts and camps. Three army brigades operate in the district: The 231 brigade, commanded by Colonel Veeraman, is responsible for the district’s west. The 232 brigade, commanded by Colonel Napagoda, is responsible for the north. The 233 brigade, commanded by Lt. Col. Anura Sudasingha, is in Batticaloa town. All of the Batticaloa brigades report to the army’s 23rd division headquartered in Welikanda, commanded by Brigadier Daya Ratnayaka. For most of 2006, Commander of Security Forces Headquarters-East was Major General Nissanka Wijesinghe. In late December he was replaced by Major General Parakrama Pannipitiya.

In Trincomalee district, the army’s 22nd division has official responsibility, commanded by Maj. Gen. Samarasinghe. Trincomalee has a large navy presence because of its major naval base, and knowledgeable sources say that Navy Commander Rear Admiral Samirathunga is the de facto commander.

President Rajapakse is the commander-in-chief of Sri Lanka’s armed forces, and he holds the portfolio of Minister of Defense. The Secretary of Defense, Public Security, Law and Order is the president’s brother, Gotabaya Rajapakse.58 Chief of the Defense Staff is Air Chief Marshal Donald Perera. Commander of the army, since December 6, 2005, is Lieutenant General Sarath Fonseka.

In Ampara, Batticaloa, and Trincomalee districts the STF also plays an important role, especially since July 2006 when the military mobilized for the fighting further north. Around that time the STF assumed security responsibility for Batticaloa town.

It remains unclear who are the leaders of the Karuna group in the eastern districts. According to the parents of abductees, local human rights activists, and international aid workers, the TMVP political leader for Ampara and Batticaloa is a man named Pradipan, who runs the office in Batticaloa town. Another leader mentioned is a man called Mangalan. In Akkaraipattu, the TMVP office is run by a man named Sindujan. A man named Bharathy has been implicated in conscription by the Karuna group in Welikanda

In early November 2006, a special advisor to the UN special representative for children and armed conflict, Allan Rock, visited Sri Lanka to investigate conditions for children, primarily in the north and east. He focused on compliance with the 2003 Action Plan for Children Affected by Conflict, which the Sri Lankan government and the LTTE had endorsed. Both sides had pledged to work with UNICEF to end child recruitment and to release children in their ranks.

At the end of his 10-day mission, Rock met with President Rajapakse and later held a press conference in Colombo to announce his preliminary findings. First, he said, the LTTE had not respected its commitments under the Action Plan. The recruitment of children continues and the LTTE had failed to release several hundred children in its ranks.

Rock also criticized the Karuna group for continuing to abduct and recruit children, particularly in Batticaloa district. Between May and November 2006, he said, UNICEF has recorded 135 cases of underage recruitment, and the evidence suggested the trend was on the rise.

Rock also charged “certain government elements” of complicity in abductions by the Karuna group. He said that his mission:

Found strong and credible evidence that certain elements of the government security forces are supporting and sometimes participating in the abductions and forced recruitment of children by the Karuna faction.

The mission met with the parents of many of the abducted children in Batticaloa district. As a result, it learned of eye-witness evidence that links the Karuna faction abductions to certain government elements. Based on the evidence as a whole, the mission concluded that some government security forces are actively participating in these criminal acts.

Rock announced that the Karuna group and the Sri Lankan government had responded constructively to the allegations. The TMVP told him it would forbid underage recruitment and release any children in the Karuna group. The party also agreed to work with UNICEF to arrange the release of abducted children.

Rock said that he received assurances from President Rajapakse that he would order an immediate investigation to determine whether any security forces were complicit in Karuna abductions. Should such evidence emerge, the president said, he would hold accountable those who violated the law.

Other sectors of the government sought to discount Rock’s allegations. Foreign Minister Mangala Samaraweera criticized Rock’s diplomatic skills. “A responsible member of the international community would not have made such unfounded public statements in such an irresponsible manner,” he said. “Even if they were true, a person of that nature should have had the decency to bring it to the notice of the government discreetly.” The state-owned Daily News newspaper stated in an editorial: “The UN representative needs to take stock of the adverse repercussions his groundless allegations could have on Sri Lanka’s national interest.”

The Sri Lankan military denied any connection to the Karuna group and in a statement said Rock’s allegations were “completely misleading” and “deserve a deep sense of revulsion and explanation in view of their serious nature and repercussions.” The most scathing denunciation came from the Media Centre for National Security, a website run by the media wing of the Sri Lankan armed forces.

In an article entitled “Who is this Rock?,” the military website accused the UN official, a former Canadian government minister, of taking money from a pro-LTTE community in Canada during his political campaign and then blocking the Canadian government from banning the LTTE. “However, with the help and support from the Tamil community living in Canada and certain LTTE sympathizers Rock managed to secure a position in the UN,” the article said.

Notwithstanding its agreement to work against underage recruitment, the TMVP still denounced Rock for repeating “fictitious, fallacious and frivolous information” provided by “quislings” in the east.

One of the government’s complaints against Rock, Sri Lanka’s minister of disaster management and human rights stressed to Human Rights Watch, was that Rock failed to provide evidence to support his claims.On November 27, 2006, Rock sent a letter to President Rajapakse, together with a detailed memo on his findings. In his letter, Rock called on the president to establish a credible, objective and effective investigation of the government’s involvement in the Karuna abductions.

The government’s public expressions of surprise were disingenuous. As documented above, the government knew of Karuna abductions since at least June 2006. Parents of abducted children were reporting their cases to the police, and in some cases to the military. Both failed to take any meaningful steps to get the children back.

On November 28, 2006 Human Rights Watch issued a statement about Karuna abductions based on its mission to Sri Lanka in October, which formed the basis for this report. The statement said that “the Sri Lankan military and police are complicit and, at times, directly cooperating with the Karuna group.”Defense spokesman Kehiliya Rambukwella promptly denied any state involvement with the Karuna group. “Human Rights Watch should give us this credible evidence that they’re talking of. Once we have that, we can pursue it,” he said. “We will certainly take necessary action to control it and completely take the perpetrators to justice.”

The day after Human Rights Watch issued a press release on abductions by the Karuna group, V. Muralitharan, a.k.a. Colonel Karuna, contacted the organization to discuss the allegations. In a telephone interview from an undisclosed location, Karuna denied any involvement in child abductions or forced recruitment. “I do not like these things,” he said. “I don’t like child recruitment and abduction.”

He said the minimum age to join the Karuna group was 20, and that the group would take action against any commander who recruited a person below that age. “We would send him out of the movement,” he said.

His comment contradicted the statement of a TMVP spokesman, who in an interview with a Sri Lankan newspaper did not deny that the Karuna group had children among its ranks. “We don’t abduct children, we enlist only those who offer to join us,” a spokesman in the party’s Chenkalady office said.

Karuna said his forces had a code of conduct. He agreed to share a copy with Human Rights Watch but, as of January 15, 2007, the group had not sent any text.

Regarding contact with the Sri Lankan military, Karuna said the relationship was of a political nature. “We have no military contacts, but we have some political contacts,” he said. When asked to explain how his military supporters operate freely in government-controlled areas, he said: “As far as political cadres are concerned, they have contact with the police, because the police provide protection. The military is working in restricted areas, Karuna areas. We have captured some areas from the LTTE, so we control some areas.”

According to Karuna, the TMVP has 16 political offices throughout Sri Lanka. When asked why families had seen their abducted children in TMVP offices, he replied, “Anybody can come and see our offices. It is very transparent, like an MP’s [Member of Parliament's] office.” He continued, “Definitely there are no underage children in our political offices. Anyone can come and inspect.” He attributed the reports of abductions by the Karuna group to the LTTE and their supporters. “All these things are propaganda campaigns by the LTTE and the diaspora,” he said.

Regarding Allan Rock, Karuna was adamant that the LTTE was behind Rock’s statements. “The LTTE set up families to make accusations to Allan Rock,” he said. “There was no way for Rock to verify their stories. When Rock was in our office, we explained these things very clearly.”

Five days after the interview with Human Rights Watch, Karuna contacted UN Special Representative for Children and Armed Conflict Radhika Coomaraswamy to discuss child abductions, in particular the inclusion of the Karuna group in the latest report of the Secretary-General to the UN Security Council on children and armed conflict.According to the UN, Karuna denied abducting children and said he would cooperate with UNICEF to guarantee the protection of children. He said he would take the following steps, to be formalized in an action plan between UNICEF and the Karuna group:

1. Re-issue a policy statement to inform all Karuna commanders that using and recruiting children is not an acceptable practice.

2. Train all commanders on children’s rights with assistance from the international community.

3. Release to their families children who may be found among Karuna ranks, in collaboration with nongovernmental organizations and/or UNICEF.

4. Give UNICEF free access to Karuna camps to ensure that no children remain associated with the armed group.

Special Representative Coomaraswamy welcomed Karuna’s statement. “This is a major step forward that will help to prevent children from being used by armed groups in Sri Lanka,” she said. “I hope that this will lead to effective actions on the ground.” The office of the special representative said it hoped to receive a similar commitment from the LTTE granting access to their camps for independent verification.

On January 2, 2007 the TMVP provided UNICEF with what it called “regulations for the military division of Thamil Makkal Viduthalai Pulikal (TMVP).” The regulations state that all recruits must be over 18, provide a birth certificate to prove their age, and consent to join the military group. The regulations state that members of the Karuna group who conscript children into the force will be immediately subjected to punishment. Examples specified include cooking in the camp or farming for a period of at least three months.

In contrast, the regulations state that violations such as murder, sexual abuse, and looting will result in the member being removed from the organization and handed over to the police. Violations such as smoking, consuming liquor, and the abuse of women result in expulsion from the organization.

As of January 15, 2007, discussions with UNICEF were ongoing regarding the content of the regulations and implementation of Karuna’s commitments. According to the agency, the Karuna group released six children in November and December, but it also abducted at least 21 others during that time.

To date, abductions of boys and young men in the eastern districts by the Karuna group persist. Although no complete figures are available, local human rights activists and international aid workers report that abductions have continued, both by the Karuna group and the LTTE. According to the Sri Lanka Monitoring Mission, in late November both the LTTE and Karuna group were “under suspicion for assassinations and abductions.”

According to UNICEF, parents and others reported 21 abductions by the Karuna group in November, and another eight in December. The group released four children in November and two in December. The UNICEF statistics do not specify whether any of the November abductions took place after November 13, when the UN made its allegations against the Karuna group and government security forces. According to human rights activists and aid agencies working in the eastern districts, however, some abductions took place in the second half of the month.

According to University Teachers for Human Rights (Jaffna), Karuna forces abducted three boys in Batticaloa district around December 10. It is not known if these three cases were also reported to UNICEF.

On November 21, Human Rights Watch wrote to President Rajapakse and to the minister for disaster management and human rights to convey the organization’s initial findings on Karuna abductions and government complicity from the research mission in October . The letter welcomed the president’s stated willingness to investigate the allegations of state involvement and asked the president to provide details on how that investigation would be pursued. The letter was resent in early December. As of January 15, 2007, neither the president’s office nor the human rights ministry had replied.

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January 24th, 2007

Tigers still conscripting children says Human Rights Watch

Human Rights Watch Report – 3
Tigers still conscripting children says Human Rights Watch

By D. B. S. Jeyaraj

While the renegade tiger faction (TMVP)headed by Vinayagamoorthy Muraleetharan alias Karuna is exposed and severely criticised by the New York based organization Human Rights Watch in its latest report the mainstream tigers(LTTE) are also condemned for continuing its abductions and recruitment by force’

The HRW released on January 24th a hundred page report titled “Complicit in Crime: State Collusion in Abductions and Child Recruitment by the Karuna Group”.

The report also has a section outlining how the Liberation Tigers of Tamil Eelam (LTTE) are continuing with child abductions and recruitment. The HRW also notes that Karuna the former eastern tiger commander was responsible for much conscription when in the LTTE.

Paragraphs focussing on the current LTTE role in abductions and recruitment are re-produced below -

“The LTTE has recruited and used children as soldiers throughout the two-decade-long civil war in Sri Lanka. Prior to the 2002 ceasefire agreement, the LTTE routinely used children in combat, including for mass attacks during major battles.Children often suffered high rates of casualties.

The LTTE used child soldiers in all capacities, including as infantry soldiers, security and intelligence officers, medics, combat and administrative support, and as trainers for other cadres. The LTTE also used children as suicide bombers, including girls, who may be less likely to undergo rigorous searches at government checkpoints. The LTTE gave cyanide capsules and grenades to its soldiers, including children, with instructions to ingest the capsule or blow themselves up rather than allow themselves to be captured by the Sri Lankan security forces.

The LTTE carried out vigorous campaigns in Tamil communities in LTTE-dominated areas to promote their cause, often designed to attract children as new recruits. These campaigns included special events honoring LTTE heroes, parades of LTTE cadres, public displays of war paraphernalia, and street theater. In schools, LTTE cadres often gave speeches and showed videos, and gave teachers “history” lessons on the LTTE to administer to their students. Many children were attracted to the perceived status or glamour of serving as an LTTE cadre, or were persuaded that it was their duty to join the nationalist struggle as part of the LTTE.

Children from a disadvantaged background were particularly vulnerable to LTTE recruitment. Children who were orphaned, were from poor or abusive families, or who had little access to educational or vocational opportunities often believed that joining the LTTE offered a positive alternative to their circumstances.

Government abuses also fueled children’s participation in the LTTE. During the conflict, many Tamil children in the north and east were directly affected by abuses carried out by government security forces, including torture, interrogation, unlawful detention, execution, rape, and enforced disappearances. A 1993 study of adolescents in Vaddukoddai in the north found that one-quarter of the children studied had witnessed violence personally, often against members of their own family.In response, many children joined the LTTE, seeking to protect their families and community, or to avenge past abuses.

The LTTE also used coercion and force to recruit children into their ranks. LTTE recruiters abducted children on their way home from school or from their homes. Particularly in the east, the LTTE enforced a “one family, one child” policy, informing Tamil households that each family was obliged to provide a son or a daughter for “the cause.”

The LTTE’s recruitment and use of child soldiers continued even after the ceasefire was signed in 2002. In 2004 Human Rights Watch conducted an investigation of child recruitment, particularly in the districts of Batticaloa and Trincomalee. We found that the LTTE routinely visited Tamil homes to inform parents that they must provide a child for the “movement.”

Families that resisted were harassed and threatened. Parents were told that if they did not comply their child would be taken by force, other children in the household or their parents would be taken in their stead, or the family would be forced to leave their home. In numerous cases, after a family refused to voluntarily hand over a son or daughter, a child was abducted from their home at night, or picked up by LTTE cadres while walking to school or attending a temple festival.

The LTTE typically targeted children of 14 to 16 years of age for recruitment, but in some cases it took children as young as 11 or 12. Girls were recruited in large numbers, and make up an estimated 40 percent of the LTTE’s child recruits.

Former child soldiers told Human Rights Watch that after recruitment the LTTE allowed them no contact with their families. During military training they learned to handle weapons, including landmines and bombs, and were taught military tactics. Children who made mistakes were frequently beaten. Children who tried to run away were often beaten in front of their entire unit, in order to dissuade other children who might be tempted to escape.

Many of the former child soldiers interviewed by Human Rights Watch in 2004 were recruited by V. Muralitharan (Colonel Karuna), while he served as the LTTE’s eastern commander. Karuna had several thousand cadres under his command, including some 2,000 children, when he broke off from the LTTE in March 2004. After the LTTE attacked and quickly defeated Karuna’s forces in April 2004, child soldiers serving under Karuna fled or were encouraged by their commanders to return to their families. UNICEF subsequently recorded 1,825 cases of children who returned home that month in Batticaloa.

Within weeks of the split, the LTTE began to systematically target many of Karuna’s former child soldiers for re-recruitment. LTTE members, often armed and in uniform, went from village to village, visiting former soldiers’ homes and organizing village meetings to insist that former soldiers report back to the LTTE. They used motor vehicles to make public announcements and sent letters to demand the registration or re-enlistment of former cadres. The LTTE threatened families that they would take children by force if they did not return. Parents told Human Rights Watch that the LTTE came to their homes at night to abduct their children, and that they were beaten if they tried to resist. By the end of 2004 more than 250 children had been re-recruited, often by force. Many others lived in constant anxiety, sometimes refusing to leave their homes or go to school for fear of LTTE abduction.

UNICEF began efforts to document child recruitment by the LTTE in 2002, encouraging families to report cases, and establishing a database to maintain comprehensive records. From January 2002 through December 31, 2006, UNICEF staff received 5,956 reported cases of child recruitment by the LTTE. Of these, 1,012 (17 percent) were children under the age of 15. The recruitment and use of children under the age of 15 is considered a war crime..

The majority of children recruited by the LTTE are never reported, as many families are fearful of reprisals by the LTTE if they make a complaint, may not be able to reach a UNICEF office, or may be unaware of the possibility of reporting. UNICEF found that of children who were released or flee from the LTTE, only 37 percent were previously entered into their database.

The Sri Lanka Monitoring Mission (SLMM), which is responsible for monitoring the 2002 ceasefire agreement, has also received numerous reports of child recruitment by the LTTE. Between February 22, 2002, and December 31, 2006, the SLMM had ruled 1,743 cases of child recruitment by the LTTE as ceasefire violations. These cases made up more than 45 percent of all ceasefire violations reported to the SLMM.

The LTTE has made numerous public commitments to end its recruitment and use of child soldiers, including pledges to the UN special representative to the secretary-general on children and armed conflict in 1998, and UNICEF officials in 2001 and 2003. None of these pledges were honored.

In 2003 the LTTE and the Sri Lankan government agreed upon an action plan for children affected by the conflict. A key provision of the plan was the LTTE’s agreement to end child recruitment and to release children from its forces. UNICEF, the main implementing partner for the plan, agreed to establish three transit centers to facilitate the return of children to their communities, particularly in cases where the child expressed a reluctance to go home, had special protection needs, or where his or her family was difficult to locate.

The first transit center opened in October 2003, but in its first year of operation received a total of only 172 children from the LTTE. Although the center had the capacity for 100 children it never held more than 49, and at times was completely empty. In 2005 UNICEF closed the facility as a transit center, and converted it for other use. The other two centers were built, but never used as transit centers, due to the low number of children released.

From 2002 throughout 2006 the LTTE released an additional 1,595 children who did not go through the transit centers but returned directly home. During the same period, however, the LTTE recruited at least four times as many new children into its ranks.

In October 2006 the LTTE’s Tamil Eelam Justice Division announced a new Child Protection Act, to come into effect by January 1, 2007. The new law sets 17 as the minimum age of recruitment into the LTTE, and stipulates that children under 18 will not participate in armed combat.

In a communication to Human Rights Watch, SP Tamilsevlan, the head of the LTTE political division, stated that the LTTE’s Child Protection Authority had been strengthened in order to monitor the implementation of the law. A document submitted to Human Rights Watch by Tamilselvan claims that field officers have been given written instructions on procedures to prevent underage recruitment, that all new recruits into the LTTE are screened at least twice, and that any recruits found to be underage are sent home.

The LTTE claims that 197 underage children were released by the LTTE between June and November 2006. It states that an additional 115 children who were recruited during 2006 and are still under the age of 17 remain with the LTTE. Contrary to international standards, the LTTE does not acknowledge that children of age 17 should not be recruited, and takes the position that even if recruited below age 17, once children have turned 17 they no longer need to be released.

Between 2002 and 2006, reported rates of LTTE child recruitment dropped by approximately 60 percent, possibly due to sustained international pressure by other governments, the United Nations, and non-governmental organizations. The LTTE continued to recruit children, however, and as hostilities escalated in late 2005 some parents informed international organizations that the LTTE had threatened them that the LTTE would not provide them with security when war broke out unless they provided a child. During 2006 UNICEF continued to record approximately 50 child recruitment cases a month attributed to the LTTE–nearly five times the number of children released by the LTTE during the same period.

As hostilities escalated in late 2005 and 2006, the number of parents who reported child recruitment cases to UNICEF may have fallen even lower than previously, due to increased insecurity and additional pressures not to report. Some parents, for example, reportedly have been told by the LTTE that “if you report to the internationals you will only see the body of your child.”

Risks to children in the LTTE’s ranks also escalated as major military operations between the LTTE and government resumed. Children became increasingly vulnerable to injury, disability, and death from Sri Lankan army attacks against LTTE bases, and as they were deployed into military operations against governments targets.

Of the total number of LTTE child recruitment cases documented by UNICEF, 1,685 (including 683 who are still under age 18) remain unaccounted for and are believed to be serving with the LTTE. Due to underreporting, the true total of children in the LTTE’s ranks may exceed 4,000.”

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January 24th, 2007

Child Soldiers: Sorrowful stories of grieving family members

Human Rights Watch Report – 4
Child Soldiers: Sorrowful stories of grieving family members

By D.B.S. Jeyaraj

The 100 page report released by Human Rights Watch on January 24th is titled ” Complicit in Crime: State Collusion in Abductions and Child Recruitment by the Karuna Group”. A tragic yet powerful component of the HRW report is the vivid accounts provided by family members and other witnesses about how these unfortunate children were abducted and recruited through force.

In an environment where guilty parties engage in propaganda and counter – propaganda to absolve themselves of blame the truthful tales related in the report have a ring of authenticity which is hard to discount or disprove.

Above all these flesh and blood stories provide an insight into this on going human tragedy that is tearing the beleaguered Tamil polity asunder.

In a land where parents regard children as their greatest blessing and sacrifice greatly for the well – being of their off – spring it must be cruel agony indeed to see their sons and daughters being snatched away by heartless martial zombies. Children cannot be sacrificed on the altar of politico – military requirements. Let us hope that the self – evident truth in the following stories will melt our hearts and trouble our conscience.

Given below are several accounts provided to Human Rights Watch from parents and witnesses of abductions attributed to the Karuna group in 2006. Certain specific information concerning these cases, such as names, places, and dates, has been removed due to security concerns.

Case 1 — Boy and Young Man in Batticaloa District, May

In May 2006 Karuna forces abducted a boy and a young man from a village in Batticaloa district. Both were subsequently seen by their families in the custody of the Karuna group.

The mother of the young man told Human Rights Watch that her son might have been targeted because the LTTE had abducted another of her sons in 2001. She explained how the May 2006 abduction took place:

Around 8 p.m. my son was having dinner behind the house in our backyard with me and my daughter. A few people entered the compound and surrounded us. Two men went directly to the main yard while two men turned around the house and went to the backyard where we were eating. They took my son. More people were waiting outside our compound. I think they were a total of 10. They all wore Sri Lankan army uniforms and were masked. There were no ranks or insignia visible on their uniforms. I grabbed the leg of one of the assailants and I begged him not to take my son away. He kicked me violently. One of them said, “We are investigating your son and once cleared we will release him.” They said that in Tamil. They were all armed with rifles. I don’t know what kind. They belonged to the Karuna group.

They didn’t come on vehicle. They walked in and left the same way. We followed them for a while but at some point they turned right onto a smaller lane and we stopped.

According to the mother, she begged the Karuna group members not to take her son. “You gave a son to the LTTE, so you have to give a son to us,” she said one of the men replied.

The family reported the abduction at the police station in Valaichchenai. A police officer opened a file and took a few notes, the mother said. He asked a few questions and provided the family with the complaint number. One month later, the family received the police report, which was inspected by Human Rights Watch. According to the family, however, the police have done nothing since.

After the abduction, the family went three or four times to the TMVP office in Karapola in the Welikanda area. On the final visit, officials in the office agreed to set up a meeting in two weeks for the parents to see their son.

About two weeks later, the parents were allowed to see their son in what the mother called “a special house where parents can meet their abducted children.” She explained,

The Karunas took us to a house in Karapola where we saw our son…. My son told us, “I am not allowed to leave. I have to stay.” He was wearing a Sri Lankan army uniform and he had a weapon. He added, “I can’t escape from here.” We stayed three hours with him, from noon to 3 p.m.

The family saw their son two more times after that when he came home for a visit together with the Karuna group members who had abducted him. They were all armed and wearing Sri Lankan army uniforms, the mother said. Her son seemed changed:

My son was another person. His behavior had changed. His way of speaking was different too. He talked a lot about politics. At some point, he was alone with me and I suddenly retrieved my boy. He sounded normal without the other guys around.

Human Rights Watch also interviewed the mother of the boy who was abducted from the same village that day, although she did not witness the abduction. “It was night around 9 p.m.,” she said. “I was home, I didn’t hear anything. Then I heard noise and people crying.”

The mother said she also reported the case to the Valaichchenai police, where the police opened a file but did not provide the complaint number. “The police didn’t ask any questions, didn’t ask for a description of my son or for a photo,” she said.

The boy’s mother went with other families of abducted boys and young men from the area to the TMVP office in Karopola, where she saw her abducted son. The office is within eyesight of an army base and police station, she said.

After that, her son visited her at home on two occasions. He wore plain clothes but was armed both times, she said. “He had changed, he was not the same,” she explained. “He said he was supporting Karuna now. But he told me that he would come home if he could.”

Case 2 — Eight Boys and Young Men in Batticaloa District, June

In June Karuna forces abducted eight boys and young men from a village in the Batticaloa district. Human Rights Watch interviewed four of the families with a son abducted that day. They gave consistent testimony about the abductions and the parents’ efforts to get their children back, including visits to Karuna camps. According to three of the families, Sri Lankan army soldiers had come to the village on the morning of the abductions, gathering and photographing seven boys and young men, four of whom were later abducted by the Karuna group. Whether the Sri Lankan military was directly cooperating with the Karuna group by identifying potential abductees or was conducting regular operations to identify LTTE members or supporters remains unclear.

The mother of one of the abducted young men explained how Sri Lankan army soldiers came to the village around 10 a.m., gathered a group of boys and young men in a nearby field, and took their photographs:

They rounded up our children, took them to a field a few yards away, kept them there and took pictures of the kids. They also asked for the IDs of the kids. There were a lot of soldiers surrounding the whole area. They came on army trucks. They came house to house and took our children only, not the parents. Then they took them to the field nearby. I was afraid that they were in the process of apprehending the kids. Seven kids were taken to the field by the soldiers. Four of these seven kids were kidnapped [by Karuna forces] that same night. The soldiers just said, “We want to take photos of the kids and then they will be allowed to go.” They asked for the IDs. They ordered the parents not to come. A soldier said, “We are going to take the photos to protect your kids. Karunas won’t kidnap your children now.” They had a small camera. There were many soldiers. I can’t say how many, maybe 200. Then the kids were abducted the same night.

According to the young man’s father, Karuna forces arrived in the village around 11 p.m. that night. They were wearing Sri Lankan army uniforms and had black masks. They spoke Tamil and he knew they belonged to the Karuna group because he later visited his abducted son in a Karuna camp. He explained,

I saw everything, I was there. I tried to stop it from happening but the kidnappers said they would shoot me. My son was crying. My wife tried to stop them too but they pushed her back.

The parents of the abducted boys and young men made several trips to visit their sons in Karuna camps in the Welikanda area, the mother and father said. To get there they took a bus to the Sewanpitiya junction with the main A11 road, where there is a checkpoint with army and police. The visiting parents had to give their names to the soldiers posted there, who informed the Karuna group that the parents were on their way. Then they took trishaws (motorcycle taxis) for two or three miles to the Karuna camp. Karuna forces speaking Tamil and wearing green Sri Lanka army uniforms were in the area, they said.

According to the mother, she saw her son on the third trip. He was at a different camp from the seven other boys and young men with whom he had been abducted. “We informed the guards at the gate and we waited an hour at the entrance, but inside the camp, in a place near the jungle,” she said. “My son was wearing a Sri Lankan army uniform and he had a weapon. He cried when he saw me.”

Two days after the abduction, the father went to the Eravur police station to report the case. The police opened a file, he said, but they refused to provide a complaint number. “When Karunas capture your children, you come here to complain, but when the LTTE capture them, you never come,” the father said a police officer remarked.

The mother of a boy abducted that day, interviewed separately, gave a similar account of the day’s events, from the visit of the Sri Lankan army to the Karuna abductions that night:

The night of the abduction, we were sitting behind the house when suddenly around 1 a.m. armed guys wearing Sri Lankan army uniforms showed up. We were surrounded by seven or eight armed men. I don’t know how they came, I didn’t hear anything.

The same day, but in the morning at 10 a.m., the army came, surrounded the area, and took our kids to a field just near the house on the other side of the path. They took my son to the field. They had come on vehicles. They asked the kids to come with their IDs. The soldiers were speaking broken Tamil. They said, “No parents, only boys.” They took seven boys to the field and took their pictures. That same night, four of these seven kids were kidnapped. There were 20 army soldiers. I am pretty sure of the number. They came in one car and one tractor. They freed the kids and left.

The guys who showed up the same night wore the same uniforms as the soldiers in the morning but they were masked and they spoke perfect Tamil. There were seven or eight and they were armed. We tried to stop them from taking the kids but they pushed us back and kicked us. My son was crying. Eight kids from the area were abducted that night.

Shortly thereafter, the families of the abducted boys and young men went to the Eravur police station, the mother said. She was not present in the police station, but her husband explained to her what took place:

One police officer said that he knew about the abduction. The police asked for the names of those responsible. My husband said he didn’t know the names but he knew they were Karunas. He recognized some of them. My husband knows this area very well. When the LTTE was here he performed some work for them. He knows the guys who were with the LTTE at the time and who are with the Karunas now. The police didn’t give the complaint number and they have done nothing since.

The mother was among the group of parents who subsequently visited their sons in the Karuna camps. “I went there and I saw my son three times,” she said. “He was armed and was wearing a Sri Lankan army uniform.”

According to the mother, the first time she saw her son was in the Karopola camp near Welikanda. To get there, the parents took a bus to a road junction near Welikanda but she did not remember the name. A Sri Lankan army checkpoint is at the junction she said, and the leader of the families’ group gave the soldiers the names of the boys and young men with whom they wanted to visit. The army let the parents pass and they took trishaws to the camp. For the second visit, this mother’s son was at what she called the Theevuchenai camp, near Welikanda.

“He was very sad when I saw him,” the mother said. “He had lost weight.” He told her that he receives a monthly salary that he will send home. The family received two postal orders from their son worth 5,000 rupees (US$46).

The father of another young man abducted that day also corroborated the testimony of the other families, and provided additional details about visits to the Karuna camp.

Between 25 and 30 men from the Karuna group in Sri Lankan army uniforms surrounded the area where his family lives around 10 p.m., he said. They were not masked but were wearing black bandanas, and they were armed with rifles, which the father identified as either T 56 or AK 47 assault rifles. One or two of the men had submachine guns, he said. All of them spoke Tamil.

The men rounded up eight boys and young men and took them towards the main road. The father followed them to the road, where one of the Karuna group members told him that the boys were under suspicion of helping the LTTE and therefore under investigation. They would be returned soon, he said. They walked away with the eight boys.

Shortly after the abduction, the father reported the crime at the police station in nearby Eravur. The police took notes and opened a file, the father said, but they refused to provide the family with the complaint number.

Six weeks later, the family heard a rumor that their abducted son was in a Karuna camp in Karopola, near Welikanda. The father called a friend who lived in that area, asking that person to inquire. Three days later the friend called back to say the man’s son was there. The father described for Human Rights Watch how he and members of the other families with abducted children went looking for their sons:

We took a bus to Sewanpitiya and then once there a trishaw to Karapola. First there is an army camp and then the Karuna camp. It’s a government-controlled area. The trishaw driver knew the place perfectly. It is located three miles from Sewanpitiya and it cost us 30 rupees per person.

He continued,

We went to the gate. There were Karuna guys at the gate, some in uniform and some in plain clothes. One of them said, “What are you doing here? Why did you come?” I replied, “I want to see my son.” “Wait, wait,” they said and brought two chairs. They then brought food and water. We waited from 8 a.m. until 2 p.m. We then entered the camp. There were people in plainclothes inside. We were not far from the gate of the camp and they brought our children.

My son was wearing a Sri Lankan army uniform. He had a gun and a rocket propelled grenade launcher. The seven other boys were like my son, wearing an army uniform and armed. My son told me he was all right there and that I should not worry. I was not alone with my son. Karuna people were all around us. He looked very sad. The meeting lasted for two hours.

The father visited his son twice after that. During the first visit, he saw that his son had been wounded. “His ear and his leg were black,” the father said. “He said that a mine had exploded near him during a fight and that his friend next to him had been killed and he had been wounded.” The young man’s mother tried to visit twice but the Karuna group members at the camp said her son was not there.

According to the father, he and the parents of four other abductees received 5,000 rupees each from their sons by postal order.

The family recognized the men who abducted their son but did not know their names. “They were with the LTTE before,” the young man’s mother said.

The mother and father said this was the second time a son had been abducted by an armed group, the LTTE having captured an older son two years before. The son abducted in June 2006 had also been abducted by the LTTE in 2005, the father said

Case 3 — Thirteen Boys and Young Men in Batticaloa District, June

In June Karuna forces abducted 13 boys and young men from a village in the Batticaloa district. Human Rights Watch spoke separately with four families who had sons abducted that day. They gave consistent testimony on how between 10 and 15 Karuna group members, armed and mostly in Sri Lankan army uniforms, detained the boys and young men in a nearby shop, ostensibly for “investigation.” The shop was across the street from an army post and some of the parents pleaded with the soldiers to intervene. Several soldiers spoke with the Karuna group members but the soldiers took no effective action to stop the abduction from taking place. Many of the family members subsequently visited their abducted children in a Karuna camp.

According to the father of a boy abducted that day, the incident began around 9 a.m., when four armed Karuna group members came to his home. He explained,

They said there was a meeting and they asked my son to come. He went with them. The four men who came to our house wore Sri Lankan army uniforms and had caps on their heads but were not masked. They were armed with rifles. They spoke Tamil. They belong to the Karuna group. My son refused to go and they took him by force. My son is a student, grade 9. I tried to go with them, to follow them but they didn’t let me do that. They said that the parents could not come and they pushed me back.

There were a lot of these same guys that day in the village. We later heard that many kids in the village had been abducted that day. If we had known, we would have hidden him somewhere.

The man’s wife went to the Valaichchenai police station to report the crime. The police opened a file, the father said, but they did not ask for a photograph or any identification for his son. “They did ask how tall he was, his hair color, what he was wearing,” he said. “They didn’t give us the complaint number. They haven’t done anything since. They didn’t even bother to come here to investigate.”

A few days later, the boy’s parents heard that the Karuna group was holding their son in a camp in Mutugalla near Welikanda. The father went there a few days after the abduction. He explained,

The Karuna camp is located near a Sri Lankan army camp. I took a bus from Valaichchenai to Welikanda and then another bus from Welikanda to Mutugalla. In Welikanda there was an army checkpoint and they checked my ID….The camp is guarded by armed men wearing Sri Lankan army uniforms and speaking Tamil. There is no sign outside.

The first time I couldn’t see my son. I waited outside the camp but I didn’t see him. They didn’t bring him and I went home. One month later, I came back to the same camp in Mutugalla. There is a special place close to the camps to meet those who have been abducted. I waited there a little bit and they brought my son. I saw him. He looked sad. He wore plainclothes and was not armed.

The father made this trip to the camp in Mutugalla three times, he said. He also received two months of salary from his son, totaling 12,000 rupees (US$112). The son gave the money to his father directly when they met.

Human Rights Watch interviewed the family of a young man also abducted that day. His older brother provided consistent testimony on how the Karuna group abducted the 13 boys and held them in the shop, as well as the involvement of Sri Lankan soldiers from a base across the street:

When [my brother] was coming back from fishing that day, he heard that boys had been kidnapped in the village. He went home very fast but he was kidnapped in front of the house on his way home. They were six guys who said that they needed him for an investigation and took him. They were between 25 and 30 years old. They were wearing plainclothes but they were armed. They spoke Tamil. They took my brother to a house nearby. My brother didn’t try to resist. My parents were not home when it happened. I decided to follow my brother and the kidnappers.

The kidnappers took all the kids they captured to the shop on the main road. When I reached the shop, I saw the parents of the other kidnapped kids around. They were looking for their children. Thirteen kids were kidnapped that day and were at the shop. My brother was among them. Then my mother joined me. We asked the kidnappers to release my brother. We stayed with the other parents and every hour the kidnappers said they were going to release my brother. At 5 p.m. they all left the shop and took Alamkulam road. They walked and then a van came and picked them up.

According to the brother, there is a Sri Lankan army camp across the street from the shop where the boys and young men were held, but the soldiers did not take any action to stop the abduction. He told Human Rights Watch,

A few mothers of the abducted kids went to the [Sri Lankan army] camp and asked for the army’s help. Two soldiers finally came out and talked to the Karuna guys in broken Tamil. Then the soldiers told us that the Karunas said they were investigating the boys and that they would soon be released. The soldiers said that the Karunas said the parents could go home now, it was OK. Then the soldiers went back to the camp.

The abducted young man’s mother was one of those who tried to get the soldiers to help. She explained her efforts:

Two soldiers came out and went to Alamkulam Road to talk to the Karuna guys. Then they went back to the camp and told us that we should not worry and that the kids were going to be released. We waited for two more hours and nothing happened. We then went to the police station.

That evening the abducted young man’s father went to the Valaichchenai police station with a group of parents, the brother said. The police opened a file and told the parents that they should not worry because the abductees would soon be free. The police initially refused to provide a copy of the police report but eventually did give it for a fee of 125 rupees (normally the report costs between 10 and 15 rupees, the brother said); only two parents got a copy of the police report. The family said the police have done nothing on the case since.

Two months after the abduction, the family visited the abducted young man in a Karuna camp in Mutugalla. They visited him four times in total, the brother said.

The mother of the young man claimed that she knew two men from the Karuna group responsible for the abductions that day. She told Human Rights Watch,

I know who planned the kidnapping of the kids. Their names are [names withheld]. They are from here. [One of the men] was even here during the kidnapping, I saw him. I saw only nine or ten of the Karunas that day, but they were more than that, maybe 13. They wore t-shirts and pants and were armed. [The two men] come back here regularly. I talked to them and pleaded for my son. They refused to release him.

Human Rights Watch interviewed the mother of another young man abducted that day. The mother has three sons, and one of them had previously volunteered to join the LTTE, which may have been why her second-oldest son was targeted for abduction by the Karuna group. She told Human Rights Watch what she saw on the day of the abductions, including her interaction with the Sri Lankan army:

The day of the abduction, I was fishing. I am the only breadwinner for my family. When I came back to the village, many villagers were out shouting and crying. Several children of the village had been abducted by Karuna’s guys….

I joined the other parents [at the shop] and we stayed there until 2 p.m. While there, I saw my son and I pleaded for his release. I implored the Karunas to free him. They replied they were going to investigate our kids and that they would be released after that. Thirteen boys had been abducted that day in the village and I saw them all at the shop.

At 5 p.m., Karuna guys took our kids to Alamkulam Road. A van came and picked up the boys on Alamkulam Road. A white van with tainted windows….

At some point, four Sri Lankan army soldiers came and talked to the Karunas. The soldiers then talked to us near the shop and said that the Karunas were going to investigate our children. They added: “Don’t worry, the Karunas will release your kids after that.”

According to the mother, she went to the Welikanda area the next day to look for her son:

We went to the Karuna camp [at Mutugalla] and we saw the guys who kidnapped our children walking inside the camps. We asked for our children. They replied that they had been sent for training. I saw a few boys who had been abducted but not my son. We waited there until 5 p.m. and we came back here at 9. There is an army camp very close to the Karuna camp there.

Between Sewanpitiya and Mutugalla are a police camp and an army camp, the mother said. Near the army camp is what she called a TMVP camp. While the parents were waiting, soldiers came out to inquire what was going on. She said,

The first time we went to the camp in Mutugalla, two Sri Lankan army soldiers came from the army camp within 30 minutes and asked the Karuna guys what the mothers were doing there. The Karuna guys replied that we came to visit our children. The two soldiers asked us questions and asked what happened. They were speaking Sinhala and we didn’t understand very well. They spoke in Sinhala with the Karuna members. After they spoke to the soldiers, the Karuna guys asked us to leave the camp and we left.

Two months later, the mother saw her son at the Karuna camp, and she saw him twice more after that, she said. “I want to come home but I can’t escape,” she said he told her. She continued, “The last time I saw him was two weeks ago. He was wearing a uniform, a Sri Lankan army green uniform, as during all my previous visits except one. Many people wore the army uniform in the camp.”

According to the mother, she has received 5,000 rupees on three occasions.

The mother of a boy taken that day said she did not witness the abduction, but she saw the armed men in the village, as well as the van that took them away. “Give me back my son!” she said she yelled at the Karuna group members before they drove away. “Only if you give us your elder son,” she said they replied.

“These Karuna guys are from the area, they know everything about us,” the mother told Human Rights Watch. She added, “Those responsible for the abduction are the Karunas. I know the head of this group, the one who was in charge of kidnapping the 14 kids. His name is [name withheld]. He belongs to Karuna’s group.”

About two months later the mother reported the case to the police in Valaichchenai, who opened a file and provided her with a copy of the document, which Human Rights Watch inspected.

The police investigation led to no results, the mother said, so her husband decided to visit the Karuna camps to find their son. In early October he took a bus to the Sewanpitiya junction on the A11 road. At an army checkpoint there the soldiers asked where he was going. He explained that the Karuna group had abducted his child and they let him pass. The father succeeded to see his son in a Karuna camp, and the mother visited the camp herself on two other occasions.

Case 4 –Two Cousins in Batticaloa District, June

In a joint interview, Human Rights Watch interviewed two sisters who had their sons, both young men, abducted together in June from a village in Batticaloa district. The mother of the younger man said,

My third son was abducted with his cousin, my nephew, around 8 p.m. We were all at home, inside the house listening to the news when three armed men wearing plain clothes came. They spoke Tamil. They ordered all the children out of the house and asked the parents to stay inside, otherwise they would shoot us. They said they were going to investigate the kids and then release them. They took seven children who were present at the time, three of my sons and four of my sister’s who were home. Half an hour later, all the children came back except two, who were missing. We stayed home the rest of the night.

The family went looking for the abducted men at the TMVP office in Mankerni the following day. According to the two mothers, at the office officials admitted that they were holding the young men but they had been transferred elsewhere for training.

Shortly thereafter the family reported the abductions to the police in Valaichchenai. The police opened a file and provided the complaint number. “They didn’t ask for a photo or an ID of the kids,” the mother said. “They asked for their height, weight and description. The police didn’t do anything since.”

About six weeks later, three members of the Karuna group brought the two young men home to visit their families for two hours, the mothers said. “They were wearing Sri Lankan army uniforms and were armed, all of them, the five of them,” the mother said. “At some point our two boys told us that they couldn’t escape because they would shoot them.” The group came back the next morning for another visit of about three hours. “They said they were based in Mutugalla camp,” the mother said.

The two mothers went twice to the Mutugalla camp. The mother of the younger man explained,

There is a Sri Lankan army and a police camp near the Karuna camp in Mutugalla. You have to pass by the army camp to reach the Karuna camp. From Sewanpitiya to Mutugalla, there is a Karuna checkpoint. We were stopped and they asked, in Tamil, where we were going. Some wore Sri Lankan army uniforms and some had plain clothes. Near the Karuna checkpoint there is a Sri Lankan army checkpoint, very close, in eye contact. Inside the camp, there is a kind of kitchen area where we could meet people nearby. The last time I went there was one month ago. I received 5,000 rupees twice from my son while visiting him.

Case 5 — Fourteen Boys and Young Men in Batticaloa District, September

On one day in September 2006 Karuna forces abducted 14 boys and young men from villages north of Batticaloa town. Human Rights Watch visited one village where three children were taken. The mother of the youngest abducted child said she subsequently saw her child and the other two abductees in the TMVP office in Batticaloa.

One teenage boy, a witness to the abductions, explained how a group of four boys were playing in a sandy lot when about 15 men with automatic weapons dressed in black pants and black shirts approached the children and clapped–a sign that the children should come. In fluent Tamil the men told the children that they were needed to deliver some notices. “When we were playing here they called us,” the boy told Human Rights Watch. “They said which of you is going to school. I gave them my name and my school and they said I should leave.”

The mother of the youngest abducted child said she tried to prevent her son from going. “I held him by the hand and they said, ‘Don’t worry, we’ll take him to distribute some notices,’” she said. “I didn’t believe them so I followed. It was in the village. They said, ‘Go away!’” The men spoke fluent Tamil, she said. “They told us they were from the Karuna group.”

An elderly man in the village also saw the group of armed men take the three boys away. “I followed the Karuna guys as they took them away,” he told Human Rights Watch. “They raised their guns at me and shouted, ‘Go away!’ One man said, ‘Take me,’ and they hit him with a rifle butt.”

The parents of the abducted children, as well as some of the parents of the 11other boys and young men abducted from the area that day, tried to get their children back. They reported their cases in the coming days to the International Committee of the Red Cross, SLMM, and UNICEF, and some went searching in Karuna offices and camps.

“I went to the Chenkalady camp of Karuna and they said the boys are in Batticaloa,” the mother of the youngest abducted child said. “I went to the office [of the TMVP in Batticaloa. I saw the children in a trishaw. It was at the bus depot on the main road. I saw them in a trishaw going to Batticaloa."

The mother was too afraid to approach the children because of the Karuna men in the area, but she went to the TMVP office in Batticaloa two days later. She told Human Rights Watch what she saw:

We saw our children on the top floor of the TMVP office. We were three mothers of children taken from here. The children signaled to us that we should go or they would get hit. When we went the second time they [TMVP officials] told us to go away. “Go to the camp at Sewanpitiya on October 24 after they finish training,” they said. We went again and they said, “Go away. Come again on November 5.”

This mother also reported the abduction of her son to the national Human Rights Commission and to the police in Eravur. The police at the station were cordial, she said. They took her information and she spoke with the officer in charge but the police have taken no action since. “We told the police it was Karuna,” the mother said. “We have heard nothing from them since.”

The grandmother of one of the other abducted boys said she thought the abducted children were being held in Karuna’s camp at Karapola. Parents of two of the 14 children abducted from the area that day saw some children working as guards at the TMVP office in Batticaloa, she said. The children said that the others were at the Karapola camp.

The grandmother said her family had not reported the case to the police because they did not believe it would do any good.

Case 6 — Two Boys in Batticaloa District, September

In September 2006 Karuna forces abducted two young boys from an area north of Batticaloa town.

According to the mother of the older abducted child, she went to the TMVP offices in Morakkottanchenai and Chenkalady after hearing the news. “I also went to all five [Karuna] camps,” she said. “They said, ‘No, he is not here.’ Then they said, ‘Come again after one month.’” She continued, “We showed a photo and they said, “Maybe. But even if we have him we will only show him to you after one month.’”

Three days later the TMVP office in Batticaloa told her to come in late October, although they did not confirm that they had taken her son.

She reported the case to the police, four days after the abduction and after her fruitless search at the camps. They took the information, she said, but treated her “like a dog”:

We reported it to the police. They said we’ll take the complaint but we’re not going to look for them. It was the Eravur police. They didn’t want to take it. We argued for two hours and finally they took it…. “We’ll record your complaint but we’ll keep it in a corner,” the police said. They treated me like a dog… The police say, “This is your Tamil people taking your children so talk with them.”

The mother of the younger abducted child, interviewed together with the mother of the older child, did not report her son’s abduction to the police. “Because I’m scared,” she said.

Case 7 — Boy in Trincomalee Town, September

In September 2006 members of the Karuna group abducted a teenage boy from a shop in town. The boy’s mother told Human Rights Watch what took place:

Karuna’s people came to our home and asked for my son. He was out that day and I told them that he had gone to work. They left. [Some days thereafter] around noon, my son went to the nearby shop, 50 meters from the house, to buy bananas. Karuna’s guys came to the shop and took him.

Human Rights Watch spoke with the sister of the abducted boy, who was in the shop when the abduction took place. She explained,

I was already in the shop when [my brother] came alone on his pushbike to buy bananas. Then two guys showed up on a motorcycle and called [him]. He replied, “I am not coming.” Then they flashed a pistol. Only one of them had a pistol, a black one he kept in his pocket. [He] then said OK and the three of them went on the motorcycle, with [my brother] in the middle. They were wearing plain clothes and were a little bit older than [the abducted boy], but not much. They were Tamil…. I don’t know their names but they said they were from Batticaloa … I haven’t seen them since.

According to the mother of the abducted boy, her husband subsequently went to the TMVP office in town, where he saw his son with his legs chained.

A few days later the husband went back to the TMVP office, she said, but their son was not there. “I then went to the office myself and asked for my son,” she said. “They replied, ‘We don’t have him. We didn’t take anybody.’ But another guy told me I’ll be able to see my son three months from now.”

The family did not report the abduction to the police, out of fear.

Case 8 — Twelve Boys and Young Men in Ampara District, October

In October Karuna forces abducted 12 boys and young men from a village in the Ampara district. As of October 18, they had released seven of the abductees.

According to the aunt of one of the abducted young men, the abductions took place on a main road around 6 p.m. The young man was riding home from work on a motorbike with two colleagues on another bike when they were stopped by Karuna group members with a white car and white van, both with tinted windows. The Karuna group members took the three young men in the car and van, along with their motorbikes. The family learned of the abduction shortly thereafter, when a witness informed them of what he had seen.

That night, the young man’s mother went to the TMVP office in Akkaraipattu to look for her son, the aunt said. She saw a white car and white van with tinted windows leaving the office as she arrived. Officials at the office told her to come back the following day.

The next day, the young man’s mother and other relatives returned to the TMVP office in Akkaraipattu. Officials there told them that they were not responsible for the abduction, the aunt said. Rather, it was another Karuna group from Welikanda commanded by a man called Bharathy. The TMVP officials in Akkaraipattu gave the family the young man’s motorbike, which suggests that at some point he had been held at the office. The young man’s older brother went to collect it.

Around the same time, a group of relatives of the other boys and young men abducted that day gathered outside the TMVP office to complain. “Please release our sons!” they yelled, according to the aunt and another witness who saw the group.

According to the aunt, some of the mothers went to a Karuna camp in the Welikanda area–she did not know which one–to speak with the commander Bharathy. She explained,

Some mothers went to Welikanda and met Bharathy. He said he would release six of the boys after six days. He released seven. Not our boy. And not the other four. My sister is there now to try and get her son back.

According to the aunt, Bharathy released the seven abductees only after obtaining detailed information about each family’s financial affairs, health, and work status. The four boys and young men not released were sent for military training, she said.

Case 9 — Two Boys and a Young Man in Batticaloa District, October

On one day in October 2006, Karuna forces abducted two children and one adult in a village in Batticaloa district. Human Rights Watch researchers arrived at the scene about three hours after the abductions had taken place.

Local residents were visibly afraid to speak and gave only cursory information. One man, who did not want to give his name, said that armed men from the Karuna group had come that morning around 8 a.m. and taken two boys and a young man.104

Human Rights Watch spoke with the distraught mother of the abducted young man. She said that the Karuna forces had released the two boys but continued to hold her son. Maybe they suspected him of being an LTTE supporter, she said, although this was untrue.

Human Rights Watch was unable to confirm the abductions or whether the two boys were in fact released. While in the village, researchers observed approximately two dozen Sri Lankan soldiers patrolling the area, but it is not known if they were present when the abductions took place.

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January 24th, 2007

HRW Advocates global pressure on GoSL, LTTE and TMVP

Human Rights Watch Report – 5
HRW Advocates global pressure on GoSL, LTTE and TMVP

By D. B.S. Jeyaraj

The New York based rights group , Human Rights Watch, wants International pressure to be exerted on the Government of Sri Lanka (GOSL) Liberation Tigers of Tamil Eelam (LTTE) and the Karuna faction known as Tamil Makkal Viduthalai Puligal (TMVP) so that the parties concerned would desist from practices leading to children being forcibly recruited as child soldiers in Sri Lanka.

The HRW has outlined a list of recommendations in the report released by it on Jan 24th titled “Complicit in Crime: State Collusion in Abductions and Child Recruitment by the Karuna Group,”.

While urging the LTTE, TMVP and GOSL to adopt certain measures in this regard the HRW has also made specific suggestions to all governments of donor nations to Sri Lanka, the member states of the United Nations and the UN security Council.
The full list of recommendations made by the Human Rights Watch are is given below -

To the Karuna Group (TMVP and its military wing)

-Immediately stop all recruitment of children, including voluntary enlistment as well as recruitment effected by abduction or other force or coercion;

-Immediately cease the forced recruitment of all persons;

-Immediately cease the use of children in combat operations;

-Immediately release children and all others forcibly recruited for Karuna forces and cooperate with UNICEF in ensuring their safe return to their families;

-Take all appropriate steps to ensure Karuna group commanders and other cadre do not recruit children into Karuna forces, and provide the international community with documentation (through UNICEF or the Office of the High Commissioner for Human Rights (OHCHR)) of disciplinary actions taken against Karuna cadre responsible for such recruitment;

-Take all appropriate steps to ensure Karuna group commanders and other cadre do not forcibly recruit any person, and provide the international community with documentation (through UNICEF or the Office of the High Commissioner for Human Rights (OHCHR)) of disciplinary actions taken against Karuna cadre responsible for such recruitment;

-Publish in Sinhala and Tamil languages the Karuna group’s policy not to recruit children, and disseminate it broadly in areas where the Karuna group is active;

-Allow UNICEF, SLMM, and other domestic and international protection agencies access to all Karuna group camps, military and otherwise, to assess the age of recruits, and to identify children for demobilization.

To the Government of Sri Lanka

-Immediately end all cooperation with the Karuna group in the recruitment of children and in abductions;

-Immediately launch an investigation into the involvement of government security forces in the recruitment of child soldiers and abductions by the Karuna group, and hold accountable those complicit, regardless of rank;

-Take immediate steps to locate children recruited and all others forcibly recruited by the Karuna group and secure their return to their families, with follow-up protection;

-Together with UNICEF conduct unannounced inspections of the Karuna camps and TMVP offices listed in this report and others recently established;

-Close all camps of the Karuna group in government controlled areas that are used for the recruitment and training of children;

-Enact and enforce criminal penalties against individuals and groups who recruit children under the age of 18 into armed groups;

-Instruct the police to actively investigate all reported cases of abduction of children and all others by the Karuna group, and take disciplinary or criminal action against those who fail to do so;

-Cooperate with humanitarian agencies to create corridors of safe passage for international agencies and monitors to investigate and follow up on reports of child and forced recruitment in areas of LTTE control;

-Work with donor governments to establish an international human rights monitoring mission under United Nations auspices to monitor government, Karuna group, and LTTE violations of human rights and international humanitarian law, including abductions and child recruitment;

-Amend the Emergency (Prevention and Prohibition of Terrorism and Specified Terrorist Activities) Regulation No. 7 of 2006 to exclude as an offense the participation of children under the age of 18 in groups engaged in terrorism, and the participation of any person based on having been forcibly recruited;

-Submit to the UN Committee on the Rights of the Child Sri Lanka’s overdue initial report on compliance with the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;

-Ratify the Rome Statute of the International Criminal Court.

To the Liberation Tigers of Tamil Eelam (LTTE)

-Immediately stop all recruitment of children, including voluntary enlistment as well as recruitment effected by abduction or other force or coercion;

-Immediately cease the use of children in combat operations;

-Immediately release all children from LTTE forces and give those recruited before age 18 the option to leave;

-Cooperate with UNICEF in ensuring the safe return of all child soldiers to their families;

-Take all appropriate steps to ensure LTTE commanders and other cadre do not recruit children under the age of 18 into LTTE forces and provide the international community (through UNICEF or the OHCHR) with documentation of disciplinary actions taken against LTTE cadre responsible for such recruitment;

-Cooperate with humanitarian agencies to create corridors of safe passage for international agencies and monitors to investigate and follow up on reports of child and forced recruitment in areas of LTTE control;

-Allow UNICEF, SLMM, and other domestic and international protection agencies access to all LTTE camps, military and otherwise, to assess the age of recruits, and identify children for demobilization.

To All Donor Governments

-Urge the Karuna group and the LTTE to immediately end all recruitment of children and all persons forcibly recruited, and to release all children and abductees currently in its forces;

Urge the government of Sri Lanka to take all feasible measures to:

-End the involvement of government security forces in the recruitment–whether forced or voluntary–of children and the forced recruitment of all persons by the Karuna group;

-secure the release and return of all children recruited, and all persons forcibly recruited, by the Karuna group and

-conduct a thorough investigation of individuals involved in such recruitment, and bring them to justice, regardless of rank;

-Work with the Sri Lankan government to establish an international human rights monitoring mission under United Nations auspices to monitor government, Karuna group, and LTTE violations of human rights and international humanitarian law, including child recruitment and abductions.

To the United Nations Security Council

-In light of the LTTE’s continuing use of children in its forces and in accordance with Security Council Resolution 1539 on children and armed conflict (April 22, 2004) and Security Council Resolution 1612 (July 26, 2005), adopt targeted measures to address the LTTE’s persistent failure to end its recruitment and use of child soldiers. Such measures could include the global imposition of travel restrictions on leaders and their exclusion from any governance structures and amnesty provisions, a ban on the supply of small arms, a ban on military assistance, and restriction on the flow of financial resources.

To All United Nations Member States

In accordance with Security Council Resolution 1379 on children and armed conflict (November 20, 2001), use all legal, political, diplomatic, financial, and material measures to ensure respect for international norms for the protection of children by the parties to the conflict. In particular, states should unequivocally condemn the continued recruitment and use of child soldiers by the Karuna group and the LTTE, and withhold any financial, political, or military support to these groups until they end all child recruitment and release all children currently in their forces.

transCurrents feedback : editor@transcurrents.com

transCurrents feedback :Contact DBS Jeyaraj : djeyaraj2005@yahoo.com

January 24th, 2007

The Continuing agony of Eastern Tamil Civilians

By D.B.S. Jeyaraj

Appapillai Amirthalingam while protesting against the unjust treatment meted out to Tamils by those in power would often repeat, “The Tamil people cannot be treated continuously in this manner!” What would the ex-opposition leader – murdered by the Tigers – say at what is happening now? The ruthless Rajapakse regime is deliberately and continuously treating the Tamil people with calculated cruelty in a manner that has never been done before.

This callous disregard and flagrant violation of the Tamil people’s basic rights shows no sign of easing or ceasing. Each military ‘victory’ notched up by the security forces sees the ferocious military juggernaut continuing with renewed vigour, leaving behind a bloody trail of death, destruction, displacement and despair. Tamils in general undergo suffering and agony but Eastern province Tamils bear the brunt in particular.

Newly arrived internally displaced ethnic Tamils prepare themselves to be registered with camp officials after spending their first night in the open ground at a camp for IDPs (internally displaced persons) in Kiran – AP Photo/Gemunu Amarasinghe

[Photo: Via Yahoo! News]

Both the government of Sri Lanka and the LTTE are heaping burden after burden on the Tamil people in their unequal struggle for military superiority. The government says the Tamil people are an integral component of this country but treat them in practice as hostile aliens of an enemy land.

The LTTE says it is fighting to liberate the Tamil people but shows little concern for the ‘humanity’ of the Tamil people. Military objectives and strategies are given importance and not humanitarian concerns. The Tamil people are like arecanuts caught in a nutcracker.

Eastern Province Tamils are extremely vulnerable. Many of them are in a position similar to what Tamils living in what is known today as the Manal Aaru or Weli Oya region were in more than two decades ago. In a bid to break ‘Tamil’ territorial contiguity between the Northern and Eastern Provinces, a certain zone was marked out to be made separate and ‘Sinhalised.’ Parts of Vavuniya, Mullaitivu and Trincomalee Districts along with the Padaviya (formerly Padavikkulam) portion of Anuradhapura District were merged into one entity for politico-military purposes. It was linked to the Anuradhapura Secretariat for administrative purposes.

The Tamil people living in 28 traditional Tamil villages and hamlets and 40 agricultural settlements were driven out through sheer military brutality. Flourishing villages like Thennamaravaady were razed to the ground. Coastal places like Kokkilai and Kokkuthoduvaai were annexed.

Villages like Kurunthumalai and Mankindimalai were made part of a military complex and renamed Janakapura and Kalyanipura. Sinhala people were brought in from the south and settled. Many were trained and armed and made auxiliary forces. The creation of the Weli Oya region is the perfect example of state-sponsored ethnic cleansing in Sri Lanka.

Today the target is the Eastern Province. Though north eastern contiguity was ruptured, the rising tide of ethno-fascist supremacy is not satisfied. ‘Kilakku’ must be made ‘Nagenahira.’ What is happening now in the east is saddening and troubling to this writer. I have been regularly predicting and warning of the sinister designs behind the ‘Sinhalisation’ moves several times. I have written of the endless agony of eastern civilians and appealed to the international community to do something. Nothing has been done apart from token sounds. Meanwhile the situation deteriorates daily.

I am not an Eastern Tamil but the province and its friendly, hospitable people and the innocence of the villagers have a special place in my heart. My maternal uncle was a Methodist clergyman who served for more than 16 years in Kallaru, Batticaloa and Trincomalee. As children we would visit at least once or twice a year during school holidays. As a child I would often accompany my uncle as he visited various parishes under his stewardship.

The late ‘Vidwan’ F.X.C. Nadarajah was the man who wrote about the history of Batticaloa in his Mattakalappu Maanmiyam. The late ‘Pulavarmani’ Periyathambipillai was perhaps the greatest poet of Batticaloa. ‘Pandithar’ V.C. Kandiah wrote vividly about Batticaloa in his Mattakalappu Thamilagam.

They were all friends of my grandfather J.S. Arlvarpillai, who was himself a poet and writer. I would sit enthralled and listen to these men talk and ask them questions about Batticaloa. They would very kindly oblige. My romance with Batticaloa began then.

Later as a journalist with Virakesari it was my good fortune to be stationed in Batticaloa as correspondent in 1977. I was only 23 years then and all the Virakesari area correspondents would invite me to their homes. The Virakesari Manager Muthulingam and Chief Agent Nagarajah would take me in the van to the different places. I travelled the length and breadth of Batticaloa then and met many different people and learnt of many legends and customs. One that I vividly remember is the tradition of eating rice in four servings with fried items, vegetables, curry and curd respectively.

I also conversed with knowledgeable people in Batticaloa and gathered knowledge. The Batticaloa library though small had many books on the region and its history thanks to the efforts of its dynamic librarian, Ratne. The late Sam Thambimuthu and wife Kala were very fond of me. Sam took me in his vehicle to all border areas. It was then that I realised how fragile the Tamil position in the east was. I visited Batticaloa on assignment after the cyclone of 1978 and again one year later to report on rehabilitation progress.

Trincomalee, though part of the province, is somewhat different to Batticaloa-Ampara. Apart from the visits to my uncle, I have also gone there in later life with friends. Some of these were a Tamil small-time jeweller from Koonitheevu and a Muslim schoolmaster from Muttur.

The times were not as troubled as they are now but the tensions were visible. There was rising resentment at the Sinhala dominated state’s efforts to alter the demographic balance in the district and by extension the province.

This article was supposed to be about the current eastern situation. But whenever I write about the present I cannot help thinking of the happy past and worrying about the gloomy future in store for the eastern Tamils in particular and Tamils of Sri Lanka in general.

I have on many occasions written about the ‘conspiracy’ by the panchamahabalavegaya (five great forces) aiming to depopulate Trincomalee of Tamils and ‘Sinhalise’ it. Earlier it was an ‘unofficial’ effort by some politicians, administrative officials, security personnel, Buddhist clergy and businessmen.

But now it is ‘official’ policy. The aim is not only Trincomalee but also large parts of the province. Ideas expressed by the lunatic fringe in Sinhala politics have attained centre stage respectability and acceptance. The shortsighted militarism of the LTTE has given the state an ‘opportunity’ to unleash brute force according to design.

Tamils in Trincomalee are being systematically terrorised. Fisherfolk are restricted greatly. Businessmen are targeted. Tamil youths are being bumped off almost everyday. The April 2006 anti-Tamil violence has frightened Tamils considerably. About 15,000 have fled to India. Many others consisting mainly of the elite and middle-classes are moving out of Trincomalee. The Tamils concentrated in the town are fearful of state sponsored ‘ethnic cleansing.’

The Trincomalee port nationalisation along with navy expansion has seen Tamil lands appropriated. Various colonisation schemes have seen the creeping ‘Sinhalisation’ increase momentum.

[Photo: Via Yahoo! News]

Kappalthural has virtually ceased to exist. Mudalikkulam became Morawewa and Mahavilaankulam became Mahadivulwewa and so on. While Tamils are mainly in the town, all access roads are becoming Sinhala. Even within the town there is the ‘market’ problem.

It is only a matter of time before large parts of the town will be declared a ’security zone’ and Tamils evicted. Trincomalee has not had a Tamil GA for more than 50 years. The present GA is a retired army general handpicked for ‘Project Sinhala’ in Trincomalee.

The Mutttur east region including Sampur was targeted on the basis that it was strategically important and that a potential danger to the harbour had to be removed. Today Sampur is in government hands but the displaced Tamils have not been brought back. This is in striking contrast to the displaced Muslims of Muttur and displaced Sinhalese of Serunuwara.

Their return has been expedited but the Sampur Tamils were chased to Vaharai and now from there too.

The military drive on the pretext of silencing LTTE artillery has now reached Eechilampatru and Ilangaithurai Muhathu-vaaram. It has now been ‘rediscovered’ that Ilangaithurai is the site of Lankapatuna Samudragiri Vihara. It is where the Kalinga prince Dantha and princess Hemamaali are supposed to have landed in 310 AD with the sacred tooth relic of Lord Buddha. It appears that the place will never be allowed to return to ‘Tamil’ normalcy.

The Vaharai region is now being gradually taken over by the military. The Verugal river too is now under military control. Thus the territory that was under LTTE control from Sampur down to Panichchankerni is now under army domination. This area had a coastal strip that was ‘Tamil’ and therefore of great help to the LTTE. Dominating this coastal strip would enable the government to deprive in theory all coastal access to the LTTE in Trincomalee and Batticaloa Districts. The best way to do that in the eyes of the Rajapakse regime is to keep the area permanently depopulated of Tamils.

The Tamils of Muttur east, Sampur and Eechilampatru were driven to Vaharai through repeated air strikes and artillery shelling. All distribution of food and medicine and essential items were prevented from going into the region. Then the same methods were employed against the Koralaipattru north or Vaharai region. All supplies were stopped. Constant shelling and bombing occurred. Unable to suffer continuously the poor civilians fled the region amidst great danger and hardship.

One would have expected the remaining 10,000 plus civilians to be allowed to remain in Vaharai after the LTTE vacated the region and security forces moved in. But they have all been brought to other government areas of Batticaloa. There are over 80,000 IDPs in the district. This includes Tamils from Trincomalee. The administrative apparatus is unable to cope with the crisis. If not for INGO and NGO assistance, a major tragedy would have occurred.

The BBC Tamil service Thamilosai interviewed some IDPs recently. Their tales were heart – wrenching. They had only one request – “resettle us back in our homes as soon as possible.”

As in the case of Sampur, promises are being made that they would be resettled as soon as the security situation is under control and landmines removed. The landmine issue is a false claim. That is no reason to prevent civilians returning to their original homes. The truth is that the security considerations of the state are given paramount importance.

Worse still is the continuing bombing and shelling in other places. Two Tamil pockets in Trincomalee north – Kadawaanaikulam and Kumburupitty – were bombed and shelled from the Jayapura and Morawewa camps. Tamil areas such as Kiliveddi in Trincomalee south are likely to be targeted in due course. It must not be forgotten that of the original 15,000 farmers doing agriculture with water from Mawilaru, 7,000 Tamils and 2,000 Muslims had either gone or been chased away. Only 6,000 Sinhala farmers were tilling fields when the LTTE shut the sluice gates.

Army Commander Sarath Fonseka has pledged that the entire east would be brought under government control by April New Year. Already there is talk of going into the Tharavai-Kudumbimalai region and the Paduvaankarai region. The LTTE complexes in Karadiyanaaru and Kokkatticholai need to be destroyed, according to military circles. A probing mission in Vavunathivu on the western shores of the lagoon were repulsed by the LTTE. Another manoeuvre into Vellavely was also foiled.

It is however a matter of time before the military onslaught begins. What happened in Sampur and Vaharai is likely to be replicated. All entry-exit points will be blocked and food supplies prevented. Constant aerial bombardment and artillery shelling would happen.

The LTTE will be hampered by the fact that return artillery firing across the lagoon would hit Tamil and Muslim civilians this side. About 70,000 civilians living in the LTTE controlled areas would be forced to disperse. The IDPs figure would swell.

There is also another danger. Some of us remember the ‘West Bank Annexation’ type scheme enacted by the likes of Herman Gooneratne, Ravi Jayewardena, N.G.P. Panditharatne and Dimbulagala Thero to colonise the lands under Maduru Oya scheme. Others remember the Gal Oya scheme and how most Tamil colonies were appropriated by Sinhala settlers after Tamils were chased away through violence. Now it would be possible to drive Tamils away from the remaining colonies under Gal Oya and also take over Vadamunai lands. All in the name of security!

All norms of international humanitarian law have been grossly violated by the Rajapakse regime in its relentless push to ‘conquer’ the east and depopulate regions of Tamils. With the international community ‘blind, deaf and dumb’ to what is happening, the juggernaut which crushed the civilian Tamils of Sampur and Vaharai will now turn westwards. Ironically the LTTE has made a strategic withdrawal with most military assets and cadres intact after exposing innocent civilians to terrible hardship.

One is thankful that some INGOs are providing buckets, mats and panadol to the IDPs. They are also providing tents and cooking utensils.

But this is not what the people need desperately. What they require is a speedy return to their original habitat and expedited resettlement. Will the international community, which failed to prevent displacement, at least pressure the Rajapakse regime in this? Also, will it get Colombo to halt its avowed intention of causing more and more displacement through systematic targeting of civilians?

The endless agony and suffering of eastern Tamils must cease. Those simple, friendly, naive farmers and fisherfolk must be allowed to go home. The Tamils are being turned into a nation of homeless people. The people who wanted a homeland of their own are being deprived of their homes. In a twist of fate, the Karuna faction which claims to fight northern hegemony is collaborating with racist fanatics to undermine eastern Tamils. What is now happening in the east will soon be followed in the north too.

What is now happening in the East is a monumental crime against humanity with genocidal attributes. Innocent civilians are being decimated for politico – military objectives. Meanwhile Mahinda Rajapakse will continue taking “Malthattus” to viharas, observe “Sil” and listen to “sethpirith” being chanted .May the blessings of the Triple Gem be upon him. “Pin Siddha Vechaava”.

transCurrents feedback : editor@transcurrents.com

transCurrents feedback :Contact DBS Jeyaraj : djeyaraj2005@yahoo.com

January 23rd, 2007

Truth, lies and the murder of a Christian Pastor

By D.B.S. Jeyaraj

The media centre for national security (MCNS) is supposed to be the supreme repository of accurate and up to date information on matters concerning national security. All journalists requiring authoritative information about the on going undeclared war or related security matters are expected to contact or consult the MCNS.

On January 13th 2007 the MCNS website www. nationalsecurity.lk posted this brief news item -.

” JAFFNA: WHEN A PERSON WHO WAS TO BE SEARCHED at the road block at Library junction, WEMBEDY SCHOOL ROAD, JAFFNA, attempted to hurl a hand grenade, the troops fired at him.

The attacker died instantly.

The troops recovered the hand grenade.”

Anyone reading this news item would have got the impression that our ever vigilant security personnel on duty in the mean streets of Jaffna have been quick on the draw and turned the tables on a bold , bad tiger who tried to blast them into eternity.

The Minsistry of Defence is in overall charge of the war and security affairs. President Mahinda Rajapakse is the minister of defence and his younger brother Gotabhaya Rajapakse is the all powerful Defence Secretary.

The Defence ministry had the followind news story posted on its website www. defence.lk on Jan 13th 2007 -

LTTE terrorist killed in retaliatory fire- Jaffna

“According to military sources, a LTTE terrorist was killed while attempting to hurl a hand grenade towards the security personnel at a road block in Jaffna, on Saturday the 13th of January, at 11.00a.m.

The security personnel immediately reacted in time to save a possible tragedy at the road block saving dozens of civilian lives. The SL Army road block was situated at the library junction, Wembedy at Jaffna.

The person was about to be searched when he attempted to hurl the hand grenade, amidst civilian presence in the area.

Military sources further said that the hand grenade was recovered by SL troops.”

Both news items in the official websites seem to be referring to the same incident. The official story is that an unknown “terrorist? was shot dead by an alert army while attempting the dastardly deed of hurling a grenade at the soldiers. The would be assassin had got what he deserved. Karmic justice one would say.

Several media organs carried the news story directly or in amended form. The death of an unknown terrorist is not a big story at least not in present day Sri Lanka. Even the death of an unknown person or discovery of an unidentified body on the streets of Jaffna is nothing sensational or new.

There are people dying every day in Jaffna . there are people disappearing every day in Jaffna; there are people being abducted every day in Jaffna; there are people being arrested every day in Jaffna.

Against such a backdrop the death of one more person did not make a difference. Many people know that the official versions put out in such cases are wrong or incorrect. Yet few people dare to dispute the. For life is short, nasty and brutish.Its easier to go along with the official story.

The official story in this case is that of a terrorist being shot dead while trying to fling a grenade at security personnel. The soldier or soldiers who shot him is/are heroic. Worthy of a “padakkama”.

But as stated before official stories are not always right. They could be horribly wrong. When a cover up is attempted it can be really nasty.

This is exactly what happened in Jaffna on Jan 13th.

The man who was killed was not a terrorist but a Christian pastor. He did not try to throw grenades but was shot dead in cold blood. Attempts are on to distort the story and frame the dead clergyman.

The Tamil speaking Christian community in Sri Lanka’s northern city of Jaffna is shocked by this brutal murder of a Protestant Christian Tamil pastor in broad daylight.

The 38 year old pastor of the evangelical Tamil mission church Jaffna , Rev. Nallathamby Gnanaseelan, was shot dead as he was travelling on his motor cycle along chapel street in the heart of Jaffna town.

The incident happened near the Vembaddy road -Chapel street junction known as library junction at about 10. 30 am on Saturday .

Uniformed soldiers on duty at the library junction checkpost were responsible for the brutal killing say eyewitnesses.

Rev. Gnanaseelan , a member of the National evangelical alliance clergy fellowship in Jaffna, was the pastor in charge of the Tamil mission Church in Jaffna.

On Saturday morning the pastor had gone on his motor bike to Jaffna hospital with his wife Serena and his seven year old eldest daughter who was sick. He had left the mother and daughter at the hospital at about 10. 00 am asking them to return home by bus after medical treatment was over.

Rev. Gnanaseelan was scheduled to be in Ariyalai where a day long prayer – fast was on at the church.

He had then gone to the bazaar and bought a few things. Thereafter he was proceeding along chapel street on his motor cycle.

Soldiers stationed at the Vembaddy library junction were reportedly sauntering along chapel street.. Soldiers had signalled Rev. Gnanaseelan to stop and the pastor had promptly obliged.

Suddenly one of the soldiers had fired from a few yards away hitting Rev. Gnanaseelan in the leg and stomach. The pastor fell with the bike too toppling down.

The pastor had not done anything provocative. The reason for the shooting seems inexplicable.

What happened next was terrifying and revolting.

The soldiers had then walked closer to the man lying on the road and shot the bleeding priest in the head at point blank range.

They had then taken away Rev. Gnanaseelan’s bible, bag , ID card and other things in his possession and also his motor cycle.

The priest’s body lay on the road for more than an hour till he was “officially” discovered by the Police at 11. 30 am.The acting Jaffna district judge Mr. M. Thirunavukkarasu went to the scene for a preliminary inquiry and instructed Police to trace the victim’s identity.

The “unidentified” body was taken to the Jaffna hospital morgue.

Meanwhile Mrs. Serena Gnanaseelan with her daughter had returned home not knowing that her husband had been brutally murdered in cold blood by uniformed assassins.

She had not been perturbed even when Rev. Gnanaseelan had not returned home that night. Since a curfew was in force from 7.00 pm she had thought her husband was staying at the church with parishioners during night.

People do not travel about Jaffna after 5. 00 pm and often they stay for the night in different places if they get delayed getting back home.

It was on the following Sunday morning that the family , relatives and congregation members realised that the clergyman was missing.

Some parishioners were informed by Police that an unidentified body was lying at the morgue and asked to see whether it was that of Rev. Gnanaseelan. Four persons were reported killed in Jaffna on the 13th.

Upon finding that the body was that of Rev. Gnanaseelan church members had informed Mrs. Gnanaseelan.

When distraught family members went to claim the body they were informed that the body was that of a “terrorist”.The Soldiers on duty at Vembaddy rd junction had reported that the victim had tried to take out a grenade from his bag and fling it at them. They had shot him dead in self – defence they had claimed.

A grenade was found it was claimed. Apparently in a bid to frame Rev. Gnanaseelan a grenade had been placed inside the bag by the security personnel..

Upon finding that the dead man was a well – known Christian pastor the original story was amended accordingly. It was now claimed that the priest had not heeded instructions to stop. Therefore the soldiers were constrained to shoot and kill it was now said.

Military officials had wanted Mrs. Gnanaseelan to sign some documents. Despite strong pressure she had refused.

This is the tragic tale of the murdered priest. Insult is being added to irreparable injury by untrue accusations.

Rev. Gnanaseelan is the father of four children. The eldest girl is seven and the youngest girl one. Two sons are in between

The horrible daylight murder of a Christian priest and crude attempts to portray the victim as a “terrorist” has shocked , saddened , hurt and angered the Tamil christian community in Jaffna.

It would no doubt affect all right thinking people all over the world.

Rev. Gnanaseelan was an evangelical pastor. It remains to be seen what the mainstream Churches would do. What will our Arch Bishops, Bishops, Vicar – Generals, Presidents, Moderators and chairpersons do if a clergyman of their denomination was shot dead in this manner?

A statement issued by the National Christian Evangelical Alliance denies allegations regarding the murdered priest.

“Rev.Gnanaseelan was a member of the National Christian Evangelical Alliance Clergy Fellowship in Jaffna and was not involved in any political activity. He was a law abiding citizen and a Pastor to his congregation.” it says.

The statement also observes that ” His death is not an isolated incident, but one of many, which takes place in the North East of Sri Lanka, daily”.

The statement goes on to say –

” Jaffna recently has been the scene of extra judicial killings, abductions and disappearances. The civilian population has been facing a severe shortage of food and medicine, enduring immense hardship and suffering. All this is in the backdrop to human rights violations continuing in full force in Sri Lanka. Thousands of people are arbitrarily arrested, tortured or ill treated. There are continued reports of extra judicial executions and forced ‘disappearances’, with abuses by paramilitary forces, the LTTE and the government security forces.”

The statement also appeals to the International community -

” We call upon the international community to raise their voices and prevent the massacre of the innocents in this country. The establishing of a United Nations human rights monitoring mission in Sri Lanka is an urgent need. The world cannot stand by and watch as this situation deteriorates, while every day, people pay with their lives.”

transCurrents feedback : editor@transcurrents.com

transCurrents feedback :Contact DBS Jeyaraj : djeyaraj2005@yahoo.com

January 20th, 2007

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