Archive for January, 2007
By D.B.S. Jeyaraj
Communal tensions that surfaced between Tamils and Muslims in Batticaloa district have subsided for the time being. An uneasy calm prevails as the facade of normalcy returns slowly.Both communities in the troubled areas of Aaraiyampathy and Kattankudi (pronounced Kaathaankudi) have begun mingling again. What may very well have been an ugly conflagration has been averted mainly due to the wisdom and patience of elders on both sides.
The littoral in Eastern Batticaloa district is often referred to in poetic terms as “Eluvaankarai” or shore of the rising sun. Ethnic Tamil and Muslim villages and towns are interspersed along this picturesque coastal strip. The side by side existence of Tamil and Muslim villages has often evoked the imagery of a “puttukkulal” or pittu bamboo where the flour and coconut are packed in layers on top of the other.
This geographical proximity along with usage of a common mother tongue and also shared cultural attributes like the “kudi” or clan system have forged strong bonds between the “Tamil speaking people” of the East. Yet with ethnic relations deteriorating in recent times this very proximity and shared heritage itself has at times caused tensions and strife. An important bone of contention has been land.
While Tamils dominate hinterland areas to the west of the lagoon known as “Paduvaankarai” or shore of the setting sun, Muslims are concentrated mainly along the littoral. Their areas of Muslim habitation are less while population density is more. This leads to great need for more land among Muslims. The escalation of the ethnic problem has virtually cut off Muslims from the fertile paddy fields, coconot groves and lands for animal husbandry in the hinterland. Muslims are compelled to seek room for expansion among traditional Tamil areas.
Kaathaankudi is a Muslim village sandwiched in between the Tamil villages of Aaraiyampathy (known earlier as Aaraipathai) and Manjanthoduvaai. Situated to the South of Batticaloa town along the Kalmunai road, Kaathaankudi has now developed into a booming township. K’kudi has the highest population density and birth rate in Sri Lanka. K. kudi muslims like the Sinhalas of the Southern province and Tamils of the Northern Islands are well known for their business acumen and entrepreunership.
The growth and development of K’kudi has often resulted in tensions with neighbouring Tamil villages. The large population confined to a small area is naturally forced to expand beyond its original boundaries. The Tamil “liberation” struggle has caused many Tamil villages to become neglected and impoverished. Muslim areas like K’kudi have flourished. K’ kudi muslims have gradually encroached into Tamil territory. In many instances they have bought Tamil properties.
Earlier K’kudi and A’ pathy were part of the same AGA or Pradeshiya division. It was re- demarcated some years ago on ethnic lines. The demarcation left much to be desired as Tamil and Muslim lands were inter – mingled in border areas.This contributed to much discord and dissatisfaction among both communities.
Sri Lanka is a Country where people of all communities have lived amicably in a “mixed” state without too much emphasis on ethnic frontiers. Recent political trends have sharpened ethnic differences with the focus being on identity and homeland. In this heightened atmosphere of ethnic polarisation tensions often surface.The Proportionate representation system of voting aggravates ethnic insularity.
The current round of ethnic rivalry was due to the recent phenomenon known as Tamil Makkal Viduthalai Puligal (TMVP). The renegade faction of the Liberation Tigers of Tamil Eelam (LTTE) led by one time Eastern tiger commander Vinayagamoorthy Muraleetharan alias “Col” Karuna is becoming quite active politically in the East now. The TMVP is greatly encouraged by the Government of Sri Lanka (GOSL) which sees it as a countervailing factor to the LTTE.
The TMVP opened a n administrative /development secretariat in Aaraiampathy recently. The man in charge was “Shanthan” a native of the place. Earlier the TELO under Robert (different from the EPRLF Robert killed by LTTE in Jaffna)had been active in A’pathy . TELO Robert too was shor dead by the LTTE. Robert had functioned as the champion of Tamils in A’pathy vis a vis the K’kudi Muslims. This had led to great popularity leading to Robert becoming the Pradeshiya Council chairman.
Shanthan too showed signs of following in Robert’s footsteps. He began inciting Tamils of A’pathai against K’kudi Muslims. Many of the shops and market stalls in A’pathy were owned by K’kudi Muslims. Besides there was this feeling that the growth of K’kudi was slowly strangulating A’pathai. Adjacent Tamil areas like Paalamunai, Kaankeyan Odai, Ollikulam. Keechaan Pallam etc had a strong Muslim presence now. Kankeyan Odai for instance had become 100% Muslim.New Muslim colonies like Karbala nagar and Sigaram housing scheme etc were strongly resented by some Tamils.
There was fertile ground for mobilising Aaraiyampathy Tamils on grounds of ethnicity against Kaathaankudi. It is always easy to whip up hatred against the “other”. It must also be remembered that the TMVP is an off – shoot of the LTTE. The LTTE mobilises Tamils against the “Sinhala” state. The TMVP mobilises Eastern Tamils against Northern Tamil hegemony. Since Karuna is now the lapdog of Colombo the TMVP cannot whip up hatred against the Sinhala people. But it is always possible to target Muslims . It is even more easier in A’pathy which is both resentful and fearful of neighbouring K’kudi.
The TMVP began fomenting tension by threatening Muslim businessmen and demanding large sums of money as taxes. One Muslim trader was asked for two million rupees.They would not be allowed to do busines in Tamil areas they were warned. Muslims in border areas were also asked to move out. Another irritant was when a new cemetery for Tamils was constructed deep into what was considered Muslim lands. There was also tensions concerning the re- settlement of Muslim families in Ollikulam after the Tsunami.
It was against this backdrop that thousands of displaced Tamils from LTTE controlled regions in B’caloa began streaming into GOSL controlled areas of the district. The administrative apparatus struggled to cope with the Internally displaced Persons (IDP) influx. The TMVP demanded and obtained a role in refugee relief and settlement. 347 Tamil IDP families were entrusted to the TMVP in Aaraiyampathy. The TMVP was given tents by the army to house these IDP’s.
Local TMVP leader Shanthan being from Aaraiyampathy itself nursed grudges against what he saw as encroachment and expansion by K’kudi Muslims. He utilised the opportunity to settle the IDP’s in “contested” border areas. Tents were put up in lands in Karbala nagar and Sigaram areas. While the Muslims protested that these were Muslim lands the TMVP held that Tamils were re – claiming what was originally their’s or occupying Govt lands. This friction led to several IDP tents being burnt down in the night by Muslim youths.
The TMVP then began retalatory activity. All Muslim traders and businessmen were banned from Tamil areas. Acts of intimidation and violence followed. TMVP cadres threw a grenade in the Kaathaankudi bazaar. Two persons were critically hurt. TMVP cadres on motor cycles penetrated K’ kudi and opened fire at Deen’s rd on Muslims returning from a mosque after prayer. Two men were seriously injured. All four are hospitalised.
Several Muslim civilians were set upon at different times in different places and grievously assaulted. Muslims moving in border areas were targetted. Several Muslims in Paalamunai and Kaankeyan Odai were assaulted severely. Vehicles plying along Kalmunai rd towards B’caloa town were stopped at Aaraiyampathy and K’kudi Muslims were singled out. M.Y. Mazahir a trader from K’kudi was thrashed and his merchandise valued at 56.000 Rupees was damaged. Another Muslim from Kurunegala, Sahabdeen, was taken out of his vehicle and assaulted mercilessly despite his pleading that he was from another province.
About fifteen Muslim owned houses were damaged in Paalamunai. A house with a gram shop was burnt down. Two Muslim owned boutiques in Kaankeyan Odai were robbed and set on fire. Four Muslim houses in Selva nagar colony of Paalamunai were broken open and burgled.
There were terrorising incidents. TMVP cadres on motor cycles would travel as a group along K’ kudi roads during midnight , shouting and firing in the air. They frightened worshippers at a Mosque callled “Sinnap Palli (Little mosque) by entering the premises and firing in the air during prayer time. Electrical equipment in the Mosque was deliberately destroyed. With memories of the Kaathaankudi mosque massacre lingering in their minds frightened people in the neighbourhood began moving out.TMVP cadres also entered a school in K’ kudi and intimidated teachers and students.
The TMVP also instigated some Tamil IDP”s to encroach on privately owned Muslim lands at the Sigaram colony in Paalamunai. The TMVP insisted that it was Govt owned land. When Muslim owners objected saying they had documents to prove ownership they were threatened with firearms and chased off.
In another troubling incident Muslim passengers from K’kudi got off the train from Colombo and boarded an omnibus at the railway station. The bus was apparently going to K’ kudi. But Muslims found the vehicle passing through K’ kudi without stopping. They discovered belatedly that TMVP cadres had hijacked the bus. The vehicle stopped at the TMVP office in A’ pathy. Meanwhile some people had jumped off the moving vehicle. The rest clambered out and ran back to K’ kudi. Jeering TMVP cadres did not stop them.
This incident led to many rumours. It was said that Tamils had abducted a group of Muslims. Then another rumour spread that Muslims had abducted a group of Tamils in revenge. Tension reigned. Mercifully both rumours were found to be false.
Muslim youths in K. kudi were incensed. Many had modern firearms. Ironically most of these had been bought from fleeing Karuna faction cadres after the “Colonel’s revolt was suppressed in April 2004 by the mainstream LTTE. Though Muslim politicians deny it vehemently the presence of armed Muslim groups is a well – known fact. This fact came clearly to light in Kaathaankudi when intra – religious strife occurred between the Wahabi and Sufi sects.
Despite seething tensions elders of K’ kudi were able to pacify the youths and discourage retalatory counter – violence. Another reason for Muslim anger was the attitude of Police and STF. Since the TMVP was “apey Kollo” (our boys) in B’ caloa the authorities did not take any action. TMVP cadres openly carrying arms were not checked or stopped.
At least 18 complaints were registered with Police but no follow up action was taken. There was little preventive action during the days of violence. Security personnel patrolled the main road to ensure traffic between Kalmunai and B’ caloa but they did not venture into the interiors of K’ kudi or A’ pathy.
Enraged Muslims staged a hartal for thre days. All work was paralysed. Ofices were shut. schools were closed and shops shuttered. Most vehicles kept off roads. Muslims also sent many petitions and letters to officials, Politicians and diplomats in Colombo. Pressure began to mount.SLMC chief Rauf Hakeem raised the issue of TMVP excesses in Parliament. He also argued that the TMVP should not be allowed to interfere in administration.
Elderly residents of K’ kudi and A’ pathy decided on a people’s initiative. Representatives of the Mosque federation in K’kudi and administrators of the Kandaswamy (Murugan) temple in A’ pathy organized a peace discussion. Thereafter a meeting was held at “Meenaham” the TMVP headquarters in B’ caloa town. Govt officials also attended. This was followed by another meeting at the GGA’ s office. Muslim and Tamil representatives, TMVP cadres and Police officials participated.Former B’ caloa district MP and SLMC stalwart M. Hizbullah also attended these meetings.
An agreement of sorts was arrived at. All attempts to settle IDP’s in private Muslim lands was to stop. Disputed title deeds were to be examined by the GA. All Muslims were to be given unfettered access to their businesses in Tamil areas.The TMVP was to cease its provocative activity. All problems were to be discussed between the elders of Mosques and the Murugan temple.Tensions began to de – escalate slowly.
Subsequently a security conference presided over by 23 – 3 brigade commander Col. Subasinghe was held. The TMVP was told “strictly” that they were not to carry or use fire arms. They were also asked to treat K’ kudi as out of bounds. The local TMVP leader Shanthan was found to be the culprit. The Muslim representatives were assured by Col. Subasinghe that Shanthan would be transferred out from Aaraiyampathy. By this assurance it was demonstrated clearly that the TMVP took orders from the security forces.
An uneasy calm has returned. Muslims and Tamils have started moving about in each others villages again. Tamils are patronising Muslim businesses again. Genuine normalcy should return in due course if everything goes well.
The damage however has been done to the TMVP’s image. Karuna’s rebellion and birth of TMVP had been welcomed by many Muslims. The language of peaceful co -existence spoken by Karuna brought fresh hope to the community. The bad things of the past were attributed to the bad leaders in the Wanni. The Tamils and Muslims of the East were to march forward in harmony towards their collective destiny.
The friction and violence in K’ kudi has shattered such illusions. The TMVP has a media spokesperson bearing a Muslim name Azad Moulana. Yet TMVP cadres thought nothing of viewing the Muslims of K’ kudi in racist terms.Scapegoating Shanthan as the villain of the piece will not wash this away. Many Muslims are slowly realising that it was under Karuna’s command that the LTTE engaged in horrendous anti – Muslim activity in the past. Now it is the same Karuna who claims to command the TMVP. Do leopards change their spots or tigers their stripes?
The TMVP has come out with excuses of a laughable nature. Their spokesperson Moulana and political commissar Thileepan have denied any TMVP involvement in the anti – Muslim violence. Moreover the TMVP is blaming the “WAnni Puligal” or LTTE for this.
The TMVP has been boasting that they have eradicated LTTE presence in B’ caloa. But in this instance they blame the LTTE for the violence and charge the tigers of trying to alienate the TMVP from the Muslims. The TMVP has also issued a statement condemning Rauf Hakeem’s speech in Parliament.The Muslims of K’ kudi and Tamils of A’ Pathy know who the culprits are.
The socio – political situation of the East can lead to more Tamil – Muslim friction in the future. Kaathaankudi and Aaraiyampathy may be the future flashpoints of tension. The TMVP could deliberately promote anti – Muslim feelings to consolidate its hold on the Tamil people. Muslim politicians could incite Muslims for short term gain.In a worse case scenario the security forces with their familiar divide and ruletactics could encourage divisive communal trends.
The future therefore does not seem rosy. It was only some months ago that “Sufi” Muslims fleeing fundamentalist wrath from co – religionists took refuge in Aaraiyampathy. The Tamils looked after their Muslim brethren then.The climate today is different. In a land where ethnic passions are given paramount importance a recurrence of communal clashes cannot be ruled out.
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January 20th, 2007
By D.B.S. Jeyaraj
The United Nations Secretary – General has submitted his report to the UN security council on Children and armed conflict in Sri Lanka. The UN Sec – Gen has criticised the Liberation Tigers of Tamil Eelam (LTTE), Tamil Makkal Viduthalai Puligal (TMVP) and the Government of Sri Lanka (GoSL) in his findings.
The report claims given “the refusal of LTTE to completely cease recruitment and use of children”, it calls for “targeted measures against LTTE political and military leadership.”
It calls on the Karuna faction to cease all recruitment and use of child soldiers, “failing which targeted measures may be considered.”
It also calls on the “Government to investigate immediately allegations that certain elements of the Sri Lanka security forces are involved in aiding the recruitment and/or abduction of children by the Karuna faction in the East.”
While the report has been severely critical of the LTTE it is somewhat softer on the LTTE breakaway faction the TMVP.
As far as the GOSL is concerned the report merely admonishes it in what seems a wrist – slapping display.
The findings and measures recommended in the report contrast starkly to the recent furore in Sri Lanka over the UN role in the sphere of children and armed conflict.
Former Canadian cabinet minister and UN envoy Allan Rock was sent on a fact – finding mission to Sri Lanka by Radhika Coomaraswamy the Secretary – General’s Special representative on children and armed conflict.
Allan Rock in a press conference held in Colombo placed the LTTE, TMVP and GOSL in the dock. His charge that the members of the security forces allegedly assisted the TMVP to recruit child soldiers evoked a hostile response from the GOSL, security circles and ultra – national majoritarian hawks.
Allan Rock was vilified as a tiger agent and immense pressure was exerted on UN officials to provide evidence in support of allegations.
The LTTE on the other hand remained passive and highlighted the anti – UN sentiments in the South through its media.
The Secretary – General’s report however has in a perceived twist come down heavily on the LTTE. The GOSL has been let off lightly and also the TMVP in comparison with the LTTE.
While the LTTE has a longer history of child soldiers , pledges and broken promises vis a vis the UN the GOSL and TMVP are recent entrants to the hall of shame and infamy in this respect.
Allan Rock’s findings will be presented separately to the UN security council working group for further deliberations. His report is yet to be made public. Allan Rock is scheduled to be in New York on Feb 9th to discuss his report with the Sevurity Council working group.
The UN released its S – G reports on Sri Lanka and Nepal on Jan 16th.
Commenting on the reports, the Special Representative for Children and Armed Conflict Radhika Coomaraswamy, said both documents show the ongoing attempt by the world body to end the global scourge of recruiting children as soldiers, along with other violations of children in times of conflict.
The 20-page report covers the period from 1 November 2005 to 31 October 2006, and notes that over these 12 months, the UN Children’s Fund (UNICEF) received reports of hundreds of children being recruited by the Liberation Tigers of Tamil Eelam (LTTE), and also Sri Lankan army involvement in recruitment of children by the Karuna faction.
“Despite previous commitments by the Liberation Tigers of Tamil Eelam, that group continues to use and recruit children. In addition, a particularly disconcerting development during the reporting period was the increase in abductions and recruitment of children in the east by the Karuna faction, a breakaway group of Liberation Tigers of Tamil Eelam,” it states.
“Reports have also been received in Batticaloa District that on 14 and 26 June, Sri Lankan Army personnel carrying weapons, accompanied Karuna faction members who forcibly abducted and recruited nine children aged 14 (two children), 15 (one child) and 17 years (six children),” the document adds, referring to the eastern part of the island.
In outlining his recommendations, the Secretary-General reiterated his call for an immediate end to the conflict, which has already caused the deaths of more than 65,000 people in over 20 years, while stressing that any peace settlement must include provisions that “ensure the protection of children.”
“Although limited progress has been made in the release of some children from LTTE over the last three years, the refusal of LTTE to completely cease recruitment and use of children, release all children remaining on the UNICEF database and engage in transparent procedures for release and verification of demobilization warrants the undertaking of targeted measures against LTTE political and military leadership,” he wrote.
He also called on the Government to investigate immediately allegations that certain elements of the Sri Lanka security forces are involved in aiding the recruitment and/or abduction of children by the Karuna faction in the East, and invites UNICEF and other relevant agencies to help address the matter.
The Secretary-General also called on all sides in the conflict to ensure open and safe access by humanitarian actors in Sri Lanka to affected areas, while maintaining the neutrality and security of schools, hospitals and religious institutions as “safe zones.”
The office of the Special Representative for Children and Armed Conflict said the report will now be examined by the Security Council Working Group on Children and Armed Conflict at its meeting next month, while Ms.Coomaraswamy told the UN News Service that the world body seeks a commitment from all sides to end violations against children.
“The reports are important because they are part of the UN family’s attempt to end impunity for crimes, especially grave violations against children, and especially that relating to the recruitment and use of children as child soldiers,” she said, referring to both documents. “What we seek is commitment on behalf of the main parties to move swiftly and effectively, especially in the area of not recruiting child soldiers and to make commitments to UNICEF and other UN agencies for the immediate release of children under their charge, under an action plan.”
Relevant excerpts of the report are given below -
” The child protection community in Sri Lanka continued to face a number of significant challenges in addressing violations against children in the context of the conflict, including the following:
(a) There is a continued lack of commitment from LTTE to stop all child recruitment and release all children within its ranks within the agreed procedures;
(b) The abduction and recruitment of children by the Karuna faction in the Eastern districts is increasing, as well as the challenges of developing and sustaining a humanitarian dialogue on child protection issues with the Karuna faction;
(c) The political and security context in Sri Lanka has deteriorated rapidly, accompanied by heightened levels of violence affecting children and communities, particularly since May 2006;
(d) Restrictions on humanitarian agencies imposed by the Government following the escalation in hostilities, particularly since July 2006, have seriously impeded the agencies’ ability to reach and assist the children most vulnerable to the conflict;
(e) Conditions applied by LTTE continue to impede the impartial delivery of assistance by NGOs;
(f) A climate of fear exists among community members owing to insecurity arising from the prevailing security conditions, intimidation from the parties involved in the conflict and the lack of a mechanism to ensure the security and safety of complainants. The overwhelming fear felt by community members impedes the reporting of violations and hinders the mobilization of communities for effective preventive action to enhance the protection of children. In addition, weaknesses in State institutions, such as the police, the judicial system, the National Child Protection Authority and the Human Rights Commission, impede the effective and timely verification and investigation of cases, the identification and holding to account of the perpetrators of grave violations and the ability of agencies to follow up and respond to the needs of children;
(g) The highly-polarized media environment exacerbates the ethnic tensions and the media continue to be insensitive to the best interests of children;
(h) Communication difficulties between the police and local community members prevent the reporting of violations. The vast majority of police officers deployed in the conflict-affected Tamil areas are Sinhalese officers who do not speak Tamil;
( i) There are limitations in the current capacity of the Sri Lankan task force on monitoring and reporting to further develop and maintain the monitoring and reporting on child rights violation mechanisms, and there is a need to strengthen the child protection capacities of national organizations. Unlike other countries on the agenda or of concern to the Security Council, Sri Lanka does not have a dedicated human rights monitoring mission.”
The SEcretary – General goes on to make the following recommendations -
” In view of the developments outlined above, I would like to make the
following recommendations:-
1. I urge all parties to the conflict to immediately cease all violence and reengage in the peace process in order to reach a negotiated settlement. Such a peace settlement should include provisions to ensure the protection of children, thereby preventing grave violations and abuses against children.
2. Although limited progress has been made in the release of some children from LTTE over the last three years, the refusal of LTTE to completely cease recruitment and use of children, release all children remaining on the UNICEF database and engage in transparent procedures for release and verification of demobilization warrants the undertaking of targeted
measures against LTTE political and military leadership.
3. LTTE must immediately cease the release of children to the educational skills development centre and instead release them directly to their families as stipulated in the Action Plan, with adequate information shared with UNICEF for the purpose of timely verification.
4. LTTE must respect the right of freedom of movement of internally displaced persons to leave areas of conflict and cease all use of civilians as human shields.
5. TMVP and its military wing, the Karuna faction, should cease all recruitment and use of child soldiers, including abductions, with immediate effect and engage with UNICEF, as a matter of priority, to release all children among its ranks, ensure a transparent verification process and devise procedures for age verification with UNICEF, to prevent further recruitment, failing which targeted measures may be considered.
6. I stress the need for the Government to investigate immediately allegations that certain elements of the Sri Lanka security forces are involved in aiding the recruitment and/or abduction of children by the Karuna faction in the East, and I invite immediate support from UNICEF and other relevant agencies to address those allegations.
7. I encourage the co-chairs and the Norwegian facilitators to approach the parties to include a substantial child protection component in the mandate of the peace monitoring mission, in order to intensify efforts to monitor and verify compliance by parties listed in annex II of the report of the Secretary-General on children and armed conflict.
8. The United Nations country team stands ready to support the Government of Sri Lanka in rapidly devising child-appropriate release and interim care for “surrendees” from armed groups in the custody of the Government of Sri Lanka.
9. The international community should support the work of UNICEF and other relevant agencies to increase the capacity of the monitoring and reporting mechanism, including the necessary funding to increase the capacity of the Human Rights Commission of Sri Lanka and the National Child Protection Agency.
10. I urge all parties to recognize and commit to maintaining the
neutrality and security of schools, hospitals and religious institutions as “safe zones” in conflict affected areas.
11. I call on the Government of Sri Lanka and all relevant parties to ensure open and safe access by humanitarian actors in Sri Lanka to affected areas.
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January 19th, 2007
By D.B.S. Jeyaraj
The Tamil speaking Christian community in Sri Lanka’s northern city of Jaffna is shocked by the brutal murder of a Protestant Christian Tamil pastor in broad daylight on January 13th.
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 junction at about 10. 30 am on Saturday .
Uniformed soldiers on duty near the Vembaddy – Hospital road 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 a 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 rd – Hospital rd junction were reportedly sauntering along the nearby roads. 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 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 on in 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 priest 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 – hospital 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.
In a bid to frame Rev. Gnanaseelan a grenade had been placed inside the bag by the authorities.
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.
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.
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.”.
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January 17th, 2007
By D.B.S. Jeyaraj
The Eastern Tamil majority district of Batticaloa is faced with an unfolding tragedy.The intensifying of hostilities between the Government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE) is leading to more deaths, destruction and displacement.The devastation has led to a major humanitarian crisis.
The district in its entirety undergoes difficulties due to war and oppressive measures enacted by the state. There are two segments of the people who are faced with particularly harsh problems. One segment consists of the residents – permanent and temporary – of the Koralaipattru north division in the district. This is under LTTE control.
The other comprises those people who have fled those tiger dominated regions into GOSL controlled territory in other parts of Batticaloa district. These refugees in their own land are classified as Internally Displaced Persons (IDP’s). Together both these segments of people can truly be called the wretched of the Eastern earth.
According to Batticaloa district secretariat figures as of Jan 6th 2007 there are 71, 762 persons from 19, 491 families registered as IDP”s currently. These include people from nineteen Grama Sevakha (GS) divisions in the Trincomalee district as well as from Batticaloa.These IDP’s include many who began moving from August last year into GOSL areas from LTTE controlled areas in Batti and Trinco. Many such people are living independently or with friends and relatives. Some displaced Muslims from Muthur are also here.Tamil IDP’s include those from Koralaipattru and the Tiger controlled areas of Batticaloa west or “Paduvaankarai”.
The major component of these IDP’s however are those who moved into GOSL areas from the Vaakarai – Verugal region from December 12th last year. This massive IDP flow within a month has taxed the civilian administrative infra- structure of the district severely. As of Jan 6th 40, 563 persons from 11,016 families belong to this category. They are housed amid great difficulty in 61 transit camps. 29 of these camps are in schools. 5600 of those in transit camps are school going children.540 are infants.
[Space is shared with a lot internally displaced persons, in Zahira College welfare camp in Thiruchenthur -Batticaloa district - Photo: HA]
Govt officials, volunteer organizations, NGO’s, international agencies and religious institutions struggle to cope with this unfolding humanitarian crisis in GOSL areas of Batticaloa The suffering displaced people however are “relatively” better off than those living in Vaakarai. The slight advantage is that these people have some form of shelter, food, medicine etc. Despite the poor accommodation and sanitary facilities they consider themselves luckier than their kith and kin in Vaakarai because there are no artillery shells or aerial bombs. But there are difficulties cropping up.
In the first place there is some “preferential” treatment caused by political considerations of demography. The overwhelmingly Tamil IDP’s are not to be accommodated or settled in neighbouring Amparai because that district has Muslims and Sinhalese as the majority.The population balance is not to be upset. This mindset was prevalent in Trincomalee some months ago when resentment built up against Muthur Muslim IDP’s being sheltered in “Sinhala” Kantalai. So all Tamil IDP”s have to be catered to within Tamil majority B’caloa.
But again another problem. Relocating the original residents of Vaakarai in other areas of B’ caloa will not be an issue as the overall population of the district would not be affected. But those Trinco district Tamil IDP’s moving out from Vaakarai are from another district. Apart from administrative restraints there is resistance on two counts. One is the reluctance in some Muslim circles towards the Tamil ratio in Batti going up. The other is reluctance in some Tamil circles over the Tamil ratio in Trinco district going further down. So there are efforts to discourage permanent settlement of Trinco Tamils here.
One Government official at the B’caloa Kacheri said “we can easily resettle Vaharai displaced people in semi permanent houses because they are from Batticaloa district and it will not bring about a demographic change of population but with regard to Trinco IDPs it is difficult and they should go back soon. Resettling Trinco IDPs in Batticaloa district will bring about a political problem and Trinco should not lose its Tamils”.
A human rights activist aware of these political undercurrents observed to this column “I feel Trinco IDP’s are intentionally moved to locations that are not livable for long . Why choose a former burial ground in Sathurukondan when Batti has large plots of bare land owned by the government? Given the recent de-merger judgment relocation of Trinco IDP’s is a fragile issue but should these IDPs be indirectly forced to return against their will?”
An immediate problem is the separation of family members. Many families have been split with some elderly and sick members opting to stay on in Vaakarai. The great escape from Vaakarai has broken up family units. Husbands and wives, parents and children , brothers and sisters etc have lost touch with one another. The traditional village unit is fractured. Desperate people seek missing persons desperately. Tracing and connecting the divided is a formidable task.
The IDP’s are being given shelter in areas like Chettipalayam. Kurukkalmadam. Kaluvanchikudi, Kallaru, Aaraiyampathy, Manchathoduvaai, Navatkudah, Kalliyankaadu, Sathurukondaan,Kokkuvil ,Sithandy, Chenkallady, Ervoor, Kiran etc in the Batticaloa littoral. Apart from schools being turned into camps all sorts of places like a Govt food storage facility in Kalliyankaadu to an unused cemetery in Sathurukondaan are being utilised. Some NGO personnel were shocked to find skeletons being dug up and tombstones being flattened at Sathurukondan a site of a horrible civilian massacre by the armed forces in 1990.
“The location of the cemetery that has been cleared to accommodate the Trincomalee IDPs is Sathurukondan Burial ground. They say it has not been use over 10 years. When we visited the site we saw many skeletons being stacked by the side of the tents that have been erected to accommodate these IDPs. We saw them demolishing the grave stones and putting up tents on top of it.” an NGO worker told this writer.
With schools scheduled to re- open Govt officials are prioritising the clearing of schools as IDP camps.”Most of the current shelters being school buildings the Batti Gov. authorities are trying to relocate the IDPs to temporary camps cautiously”. said an education dept officer. The rainy weather is a big hinderance. Lack of adequate sanitary facilities at camps is another hazard. Most IDP’s have brought only a few belongings with them due to the perilous journey.
A major issue of concern is health. A local medical team undertook a two day trip in the first week of January. The team conducted a mobile clinic at the Kalliyankaadu food storage camp and another one at a school in Kokkuvil.The medical team treated 269 patients at Kalliyankaadu and 110 patients in Kokkuvil.
According to a team member “almost 75% of them were affected by Chikungunia fever. Other commonly observed illnesses were influenza, hepatitis, typhoid, and anemia. There were 09 individuals who received injuries during Kathiravali shelling and many inmates of these camp have lost their loved ones during the three day journey they took through the jungles of Vaharai. “.
” Every individual we met had a tragic story and there were many still searching for their missing family members. There were seven kids who did not know the whereabouts of their parents. Kalliankadu food storage camp has 29 pregnant women and most of them have not had access to any check up since their pregnancy. There is an urgent need to accompany pregnant women from different camps for regular check ups. With more than 70,000 IDP’s in 62 camps scattered all over and there is an urgent need for a mobile clinic unit that can visit these camps at least twice a month.” the medical team member suggested to this column.
A huge problem in Batticaloa district at present is Chikungunia. The fever spread from India to Mannar and has now afflicted vast parts of the North – East. It is estimated that about 80% of the districts 580, 000 people have been affected by Chikuguniya or some other viral fever.. A member of a recent fact – finding mission to B’caloa stated thus – ”
” The NGO’s I visited were not functioning fully due to most of its staff being affected by this fever. Batti hospital is full and the staff is over worked. Patients are sleeping on the floors of the corridors. Batti Base Hospital has 700 Beds but over 900 patients have been admitted right now. OPD patient turnout per day is over 600.There is an acute shortage of every category of hospital staff since 70% of the hospital staff too have been infected by Chikungunia and other viral fevers. The Aarayampathy hospital too is full and since it is the year end they have also run out of essential drugs.The massive and rapid influx of IDP’s is aggravating the situation and there is already a fear that the IDP’s have brought in more contagious diseases”.
In the case of Chikungunia the IDP patients are in a pitiful plight due to lack of funds. The mobile clinic members noted thus in a report – ” Usually Chikugniya patients are given Panadole (12 Panadole a week would cost them Rs. 168 ) but according to Batti doctors, they have to recommend in most cases Panadeen or Tramadole since the illness is serious and varies from patient to patient. They also have to recommend Beco or Calcium supplementary since the patients are weak. In most cases a patient has to spend Rs. 350- 500 a week treating this fever.”
Another issue was hygienic drinking water. It is a must that they should drink clean water but in IDP camps they don’t have facilities to boil drinking water.There are many Diarrhoea cases in many camps because of digestion problems. In many of these camps due to bulk cooking the rice, lentils, vegetables and soya meat that are served to IDP’s are undercooked. Given the poor toilet facilities in camps an outbreak of Diarrhoea aggravates hygienic problems.
An important issue confronting IDP’s in B’caloa is that of a very vulnerable category – Children! Many of these children have had no schooling from April last year. With accommodation itself being a problem the opportunities for resumption of studies seems a distant dream currently.They are idling in a state of uncertainty. Some IDP children have been seen begging for food and money in the streets of Batticaloa and other coastal towns.
The biggest fear of parents is that their children would be conscripted. Many fled Vaakarai to avoid that evil at the hands of the LTTE. But now they have the minions of “Col” Karuna trying to do the same. It was only a few weeks ago that the UN Secretary – General’s Special Representative on Children and Armed Conflict (CAAC) Radhika Coomaraswamy expressed satisfaction over guarantees given to her over the telephone by Vinayagamoorthy Muralitharan a.k.a Karuna. But members of his outfit known as Tamil Makkal Viduthalaip Puligal (TMVP) continue “recruitment” merrily.
Many Karuna cadres can be seen in the vicinity of IDP camps . They eye these children like hawks hovering in the skies.Perturbed parents respond protectively like fowls tucking chickens under their wing.Compounding the situation further has been the official “inclusion” of the Karuna faction in IDP relief activity.TMVP cadres have now engaged in relief work in some areas with official sanction.
This then is the humanitarian crisis of B’caloa. One segment of people is being targetted deliberately so that it would scatter and disperse. Another segment of displaced people is struggling to find a safe haven elsewhere. The cruel war game of politico – military chess goes on. The people are the pawns.Let us not forget that these pathetic pawns are real , flesh and blood humans undergoing immense suffering in a war that they never wanted or made.
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January 13th, 2007
By D.B.S. Jeyaraj
Friction with Muslims is on the rise in Batticaloa due to some acts by the LTTE Karuna breakaway faction known as the Tamil Makkal viduthalai Puligal. These problems surfaced after the TMVP got into the Internal Displaced Persons (IDP) re-settlement activity.
TMVP cadres have now engaged in relief work in some areas with official sanction. They are being used to check and monitor the activity of some NGO’s and INGO’s. TMVP cadres have reportedly blocked work done by the local NGO’s and are demanding that funds be given them directly. They are setting up an alternative to the TRO.
One consequence of this is friction with the Muslim people of Kathankudi. Muslim lands have been allegedly encroached and Muslim traders taxed. Clashes have ensued and some tents put up for Tamil IDP’s were reportedly burnt down by Muslim youths.
The densely populated Muslim township , Kathankudi, is sandwiched between the Tamil villages of Aaraiyampathy and Manchanthoduvaai. The Karuna faction has been assigned to put up tents by the government in order to resettle some Vaakarai and Trinco IDP’ s in these areas. They are reportedly working in Arayampathy and Manchanthoduvaai area putting up tents that were supplied by the SL Military.
The Karuna Group is particularly targeting the lands owned by Muslims on the borders of Kathankudi stating that these Tamil lands have been encroached over the years by Muslims. Some allege that those lands used to be owned by the government. The claim is that the Karuna group is in the process of regaining some of the land that have been occupied by Muslims in the last 05 years in Arayampathy areas. The TMVP is allegedly using resettlement activities for this purpose.
Muslims who returned to Ollikulum after the 2004 Tsunami have been living in temporary shelters there since then. After the Karuna group’s recent entry into Arayampathy these Muslims have been threatened and are moving to relatives and friends homes in Kathankudy. At least 30 – 40 such families have moved out from Ollikulum temporary shelters.
Besides deliberately using muslim owned private lands for resettlement Karuna group has also demanded money from Muslim traders in Arayampathy areas. One trader said he has been asked to payRs. 2million. He further said now” we the muslims of Kattankudy have two devils “Karuna and Praba” to pay taxes “.He went on to say fearfully “They can now easily kill us muslims and blame each other.” The TMVP also banned some Muslims from doing business in Tamil areas unless they paid up.Tension increased when some Muslim youths from Kathankudi burnt down some IDP tents in the night.
Former Batticaloa MP and leading Muslim Congress politician from Kathankudi MHM Hisbullah was quick to respond. A meeting between religious dignitaries of Kathankudi and the Karuna faction was held at the TMVP office”Meenaham” in B’caloa town. Hisbullah and senior Govt officials were present. A compromise was reportedly arrived at. The TMVP agreed to let Muslim traders carry on business and also promised not to settle IDP’s in lands owned by Muslims. It remains to be seen whether these pledges would be honoured. Meanwhile SLMC chief Rauf Hakeem complained about the Karuna faction antics in Parliament.
The TMVP has also requested aid assistance from INGO’s and NGO’s for their resettlement and other work .They have said that they are a political party now and that if INGO’ s can give money to TRO they (TMVP) should be also given a chance to under take development activities for the Tamil people. Attempts have allegedly been made to obstruct the work of some local NGO’s as a pressure tactic.The TMVP has opened its political/development offices in Kalladi and Arayampathy recently. The Kallady office was attacked by the LTTE a few days ago.The TMVP has sought state protection.
The minions of “Col” Karuna are also engaged in conscripting children.. It was only a few weeks ago that the UN Secretary – General’s Special Representative on Children and Armed Conflict (CAAC) Radhika Coomaraswamy expressed satisfaction over guarantees given to her over the telephone by Vinayagamoorthy Muralitharan a.k.a Karuna. But members of his outfit known as Tamil Makkal Viduthalaip Puligal (TMVP) continue “recruitment” merrily.
Many Karuna cadres can be seen in the vicinity of IDP camps . They eye these children like hawks hovering in the skies.Perturbed parents respond protectively like fowls tucking chickens under their wing.The biggest fear of parents is that their children would be conscripted. Many fled Vaakarai to avoid that evil at the hands of the LTTE. Now they fear the TMVP Compounding the situation further has been the official “inclusion” of the Karuna faction in IDP relief activity.
An important issue confronting IDP’s in B’caloa is that of a very vulnerable category – Children! Many of these children have had no schooling from April last year. With accommodation itself being a problem the opportunities for resumption of studies seems a distant dream currently.They are idling in a state of uncertainty. Some IDP children have been seen begging for food and money in the streets of Batticaloa and other coastal towns.
While those claiming to serve the cause of Tamils engage in disreputable antics the day to day problems of Tamils increase. In B’caloa Govt officials are finding it difficult to deal with this massive humanitarian crisis. If not for International aid and NGO assistance the problem could transform into a monumental tragedy.
The UNHCR and other agencies are able to address some basic immediate needs, including clothing, bedding and cooking utensils. The refugee agency has distributed more than 8,000 sarongs and saris as well as basic household kits – comprising mosquito net, bed sheet and mats, pots, pans, towels and soap – to more than than 90 percent of the displaced.UNHCR and partner agencies are preparing nearly 30 longer-term sites to accommodate up to 5,000 families and the process of moving people to the new government-proposed sites would be completed by the end of the month.
But this will only partially solve the problem. UNHCR has offered the authorities assistance in organising so-called “go and see” visits so community leaders and other volunteers can visit their former homes, many further north of Vaharai in Trincomalee district, and decide whether return would be safe and sustainable.
Recent statements made to the media by Yoko Akasaka, head of the UNHCR field office in the town of Batticaloa help spotlight the enormous problem.”Everyone we have spoken to has said their route out of Vaharai was extremely difficult,”But there are still many struggles ahead,” Akasaka noted. “Sites are hosting people at twice their actual capacity, the district is facing a potential food shortage and many families have been separated in flight or during transport to emergency sites.
“Even if all the sites proposed so far are suitable, they will provide less than two thirds of the space we need,” Akasaka said. “People tell us many more will be arriving. We are concerned about the condition of some 15,000 civilians remaining in Vaharai, who have endured months of fighting and limited humanitarian access”
“The humanitarian community can give basic relief, can help people find their families again, but there are bigger questions that also need to be addressed: the trauma people have gone through, the livelihoods and property they have left behind, and their fears for the future,” Akasaka said.”Many people first fled to Vaharai because of violence elsewhere and they are worried about whether it will be safe to go back. They simply don’t know where they will be safe. Even here, there are reports of abductions from displacement sites.”
This then is the humanitarian crisis of B’caloa. One segment of people is being targetted deliberately so that it would scatter and disperse. Another segment of displaced people is struggling to find a safe haven elsewhere. The cruel war game of politico – military chess goes on. The people are the pawns.Let us not forget that these pathetic pawns are real , flesh and blood humans undergoing immense suffering in a war that they never wanted or made .
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January 13th, 2007
By D.B.S. Jeyaraj
The exodus of Tamil civilians from the Koralaipattru north division in Batticaloa district seems to have peaked. The outflow of Internally displaced persons has dropped drastically over the past few days.
Access to the Vaakarai region continues to be restricted by the Government of Sri Lanka (GOSL) even as sporadic artillery fire is exchanged with the Liberation Tigers of Tamil Eelam (LTTE). More than 15, 000 people living in the area face death, starvation and sickness.
The plight of people in the LTTE dominated Vaakarai region worsens daily. There is no clear or reliable figure of exactly how many people are living in Koralaipattru North division or in those areas of Verugal river in Trinco district right now.
The figure is estimated to be between 18,000 to 20, 000. Of these the Tamil Rehabilitation Organization (TRO) says it is catering to the needs of 10, 350 persons from 2300 families in the Vaakarai region of Koralaipattru north division in B’caloa district and 4050 persons from 900 familes in the Verugal region of Eechilambattru division in Trinco district.
No food, medicine or supplies have gone into these areas from November 29th onwards. Even on Nov 29th the full contingent of lorries was not allowed in and 33 lorries with food had to turn back. It was surmised then that the food allowed in could last for only two weeks. The transport of food and supplies into Vaakarai had been curtailed for many months last year with only about half of the required amount going in.
In violation of all canons of international humanitarian law and principles enunciated by the Geneva Convention and other war related protocols food is being used as a weapon of war. Furthermore a systematic and deliberate campaign of artillery shelling and aerial bombardment was implemented to destroy civilian life and terrify civilians. Many of these people had been driven out of areas like Sampoor, Muthur East, Eechilambattru and Verugal in Trincomalee district this way.
Tragically there was no respite or safety for these people even after moving to Batticaloa north. They were attacked by air and artillery regularly; they were denied food, medicine, housing, education and transport; the refugee camps they stayed in were shelled; they were deprived of proper clothes or temporary shelters with many languishing amid rains and floods under trees and culverts.The accumulation of suffering has caused the people to flee in search of refuge in GOSL areas.
Sadly most of these areas in Trinco and Batti were neglected regions even during earlier days. After they came under Control of the LTTE. these regions were neglected and deprived more. The tigers exploited and diminished the region and its people by their unbridled militarism and related repression. Then came the tsunami. These hapless people were hit again. The politics of Colombo and its fall – out in Hulftsdorf has prevented the setting up of any structure to alleviate tsunami damage. Now with the intensification of war they are being victimised again and again and again.
The Army commander has boasted openly that the security forces intend taking over Vaakarai.region soon. Repeated appeals are being made to the people in Vaakarai to cross over to GOSL areas. The Govt that kept the A – 15 highway “closed” at the entry – exit point of Mankerny is now adding insult to injury by requesting the LTTE to open up the Batti – Trinco road. Like a cat playing with a mouse Colombo is teasing those poor Tamil civilians and mocking the International community. Nobody asks these crocodiles shedding tears for Vaakarai civilians the reason why they cannot relax the ban at Mankerny and allow relief , medicine and food into the region.
Meanwhile Intermittent shelling goes on to persuade civilians to leave Vaakarai.The idea as stated in these columns earlier is to make the territory bereft of civilians. As Mao Ze Dong said the guerillas among people are like fish in the ocean. Now the ocean is being drained to catch the fish. This is what was done in Sampoor. This is what is being done in Vaakarai. This is what will be most likely done in Paduvaankarai and Tharavai in the future.
It is only a matter of time after the rains subside and more bombs and shells arrive that massive aerial bombardment and artillery shelling will be on in Vaakarai. All people in Vaakarai will be treated as tigers.A ground based advance will follow suit.
The people however are not coming out of Vaakarai as much as they did in the past. The flow has become a trickle.One reason may be that the LTTE is enforcing strict controls now and preventing outward movement. The tigers dont want to be made more vulnerable in a zone without ” civilians”.They would hold on to these people desperately as long as they would like to hold out in Vaakarai.
Another reason perhaps is that all people capable of moving out have already done so. The trek outwards is an arduous ordeal. People travel on foot through jungle routes and on rafts and boats through lagoon and sea. It is difficult for the young, old, sick and infirm to make or even risk that journey. Also there are some who do not want to leave their “known”homes for the “unknown” refugee camps.Pressure however is being mounted through measures like violent attacks and denial of food, medicine, shelter to compel these “reluctant” people into leaving Vaakarai.
What is troubling however is the apathy or indifference of the world at large to the on – going humanitarian tragedy in the Vaakarai region. This silence is amounting to a tacit sanction of Colombo’s genocidal war in the East.
Some rays of light are becoming visible in the darkness as notice is being taken of this humanitarian crisis.
“The situation in Vaharai is grave and demands an urgent response,” the United Nations office in Colombo said this week.
15,000 people are isolated without access to food or basic supplies as stocks are decimated,” the UN said.
“Displaced people and residents are trapped in a conflict zone with hardly any food, medicine or clean water,” the ICRC (International Committee of the Red Cross) said.
“[We] urgently appeals to all parties to the conflict to respect their obligations under international humanitarian law and thus ensure that the civilian population and civilian objects are respected and protected at all times,” the ICRC said.
“This law prohibits attacks against civilians and civilian objects in all circumstances.”
The Sri Lankan military has maintained a total embargo on supplies into the area since October as part of a major onslaught against the LTTE in the east.
Only one convoy of humanitarian aid has been allowed in since then. And that was on November 29th, after the government of Sri Lanka (GoSL) briefly came under intense pressure from the international community.
That pressure has tailed off, even as Sri Lanka has stepped up its military offensives against the LTTE in the east, directing indiscriminate bombing and shelling at human concentrations in the area.
“We stand ready to assist those still trapped in Vaharai. These persons are the most vulnerable of the vulnerable,” the UN’s Acting Resident and Humanitarian Coordinator, Amin Awad, said in a statement.
“We must always recall that it is the most weak who remain behind – the elderly, the sick and the disabled. They are still without access to food, emergency medical services, and shelter, and continue to be caught in the middle of relentless fighting,” Awad added.
The BBC too had an online report on the situation in Vaakarai. Excerpts from the report compiled by Ethirajan Anbarasan are given below -
” With the armed forces seemingly gearing up for a final assault to wrest the eastern Vakarai region from the Tamil Tiger rebels, there are increasing casualties amongst the remaining Tamil civilians in the area.
Scores of people have been killed in recent months and the army is widely held responsible for most of the deaths.
But the army denies the accusation and says the civilians are being used as human shields by the rebels.
In recent months about 20,000 people have fled the area – through jungles and treacherous waterways – towards government controlled territory.
Most of them are now put up in and around Batticaloa town, about 330km (200 miles) east of the capital Colombo.
With the main highway connecting the two areas closed because of the violence, civilians had to use circuitous routes to reach safety.
[Sinthuja Navaratnam (10), and her younger sister Dharshika Navaratnam (3) have lost their father in April 2006 due to violence in Kilivetti.They were displaced from Kilivetti with their mother, and moved to Vaharai.They stayed with the extended family in Vaharai.These two kids tried to flee Vaharai with their mother due to the recent violence.They missed their mother in the crowd.The mother manged to get onto to a boat without her children.But unfortunately that particular boat capsized, and the mother died in the sea in December.The two kids are being looked after by their Uncle and family in the welfare camp in Paalameenmadu-Batticaloa district - Photo: HA]
Children drowned
Heavy monsoon rains and rough seas prevent them from travelling by sea.
Unable to bear the horrible living conditions some people do take risks.
In December at least 13 civilians, most of them women and children, were drowned when boats capsized off the Vakarai coast.
Sometimes they say, after crossing a lagoon in another part, they had to walk through jungles for two days to cover a distance of only about 15 km (9 miles).
Even while walking, they had to dodge intermittent artillery fire, mortar shells and heavily mined tracts.
About 15,000 civilians are still thought to be trapped inside Vakarai, which is about 60 km (38 miles) north of Batticaloa.
“We must always recall that it is the most weak who remain behind – the elderly, the sick and the disabled,” a recent UN statement issued from Colombo said commenting on the situation in Vakarai.
The trapped civilians get caught in the crossfire. Army says they only retaliate to rebel attacks.
Medicine shortage
Tamil rebels, who deny using Tamils as human shields, accuse the army of targeting civilians to facilitate their forthcoming offensive.
Meanwhile, food and medicine are fast running out inside the camps in Vakarai and they had no fresh supplies since November 29th last year.
Many fear that there could be starvation if there are no immediate food supplies.
“There is a severe medicine shortage in the Vakarai hospital and we are unable to treat the critically injured here,” Dr Durairaja Varadaraja, a doctor at the government-run hospital in Vakarai told the BBC.
The fear is, if the army tries to capture Vakarai in the coming weeks then there will be bloodshed and many more will die.
With thousands of civilians cornered in a narrow stretch of land, it is hard to imagine any other scenario.
Tamil rebels were initially accused of deliberately preventing civilians to escape, fearing an all-out army onslaught.
But thousands of people have been allowed to leave in recent weeks, and it will be difficult to keep those still remaining in Vakarai for long. “.
The European Commission has also called for an end to conflict and greater access to civilians who are in need of aid especially in Vakarai where some 15,000 displaced are without food and urgent medical supplies.
European Commission Humanitarian Aid Department (ECHO) has decided to direct funds to assist the displaced civilians in Vakarai through agencies operating on the ground.
“But it is essential that greater access is provided and that the conflict ceases if these innocent civilians are to be helped effectively,” Sri Lanka European Commission Delegation Head Julian Wilson said in a statement.
“The crisis in Vakarai continues to cause great suffering to innocent civilians. The European Commission’s Humanitarian Organisation has directed funds to provide supplies and other help to these civilians. This support is being directed through very experienced and professional agencies such as ICRC, NRC, ZOA, ACTED, DRC, IOM, UNHCR, and WFP which have long experience in the conflict affected areas of Sri Lanka. Their tireless efforts have ensured that some support has reached these most vulnerable groups, regardless of their race, ethnic group, religion, gender, age, nationality or political affiliation,” Mr. Wilson said.
The civilians of Vaakarai are being treated as expendables in the conflict between the GOSL and LTTE. These wretched humans are trapped in a war they want no part of. Only mounting International pressure can make the GOSL remove restrictions and allow adequate access for humanitarian aid. The fate of Vaakarai civilians lies in the hands of the International Community.
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January 13th, 2007
By D.B.S. Jeyaraj
Two important events took place last week. One was the release to the All party Representative Conference (APRC) by its chairman Prof Tissa Vitharana of a comprehensive report on recommendations on Constitutional reform. The other was an endorsement by cabinet of a decision by President Mahinda Raapakse to encourage and accept MP”s crossing over to Government ranks from the chief opposition United National Party (UNP).
Though seemingly unrelated both events are tied up to a great extent.From the perspective of President Rajapakse one act has necessitated the other.The president is troubled by the direction in which the APRC is proceeding. He needs to stop , sidetrack or re- direct the APRC without being blamed. For this he needs to ruin all chances of the APRC arriving at a viable and progressive consensus.
The key element in any possible “Southern ” consensus would be a bilateral consensus between the Sri Lanka Freedom Party (SLFP) and the UNP. So in order to undermine that possibility Mahinda is trying to sabotage the SLFP – UNP Memorandum of understanding. The best way seems to be that of turning his Government into another Pinnawela Elephant orphanage. All “elephants” crossing over from the UNP will be given asylym with perks and privileges in Govt ranks. Bang! There goues the MOU between the SLFP and UNP.
The inability and unwillingness of both the major “Sinhala” national parties in forging a common approach towards the Tamil national question has contributed greatly towards the deterioration of ethnic relations in the country.For the first time in recent history a great breakthrough was achieved when the UNP and SLFP reached an agreement last October. One of the four areas agreed upon was arriving at a solution to the ethnic problem on a joint basis. At last the elusive Southern consensus seemed to be in sight.
Between them both parties had nearly two – thirds of MP’s in Parliament. If the SLFP and UNP agreed on a common but viable scheme of Constitutional reform that would usher in a just and fair deal to the Tamil and Muslim people most minority community parties would have supported it. The old left parties would also have done the same. This would have isolated the Janatha Vimukthi Peramuna (JVP) and Jathika Hela Urumaya (JHU).
Even they may have been compelled to fall in line in a situation where the greens, blues and “old” reds along with Tamil and Muslim parties were together. The envisaged referendum too would have been a cakewalk. The Liberation Tigers of Tamil Eelam (LTTE) too may have been flummoxed by this development.
When Mahinda Rajapakse convened an all party conference in September last year and also appointed a panel of experts to assist it all those sections who think Rajapakse will “do the right thing” were elated.The President solemnly pledged to implement the consensus decision. With the SLFP – UNP accord the euphoria increased. The chances of a viable Southern consensus being reached loomed large on the horizon.
The UNP very wisely said that they would enter the APRC deliberations after the conference produced a working draft. All past attempts to resolve the issue through all – party conferences have been time consuming, meandering, profitless exercises. The mountains laboured and brought forth mice. The UNP stance therefore gave a sense of purpose to the APRC. It had to produce and produce quickly.
All this of course depended on the bona fides of Mahinda Rajapakse.If he was really sincere in his professed intention of resolving the national question through a political solution here was his chance. The APRC aided by the expert panel had to come out with a draft scheme as quickly as possibly. Then the UNP had to come in. But in the final analysis realpolitik decreed that the SLFP and UNP had to reach an understanding.
But it soon became apparent to the politically astute that Rajapakse was playing for time. The APRC was only an exercise to project an appearance that the President was keen on a political settlement. This was to keep the Western nations and India and Japan happy that Colombo was really in pursuit of a political settlement. It was also intended to boost his image. “Apey” Mahinda was really a dove with hawkish feathers.
While the APRC continued in Colombo “terrible twins” Gotha and Sarath were to unleash war in the North – East. Mahinda felt or had been convinced that annihilation of the tigers was possible. All it needed was some time and an unrestrained, ferocious onslaught that would take little note of civilian casualties. Like many southern hardliners this Ruhunu puthra too entertained ambitions of being a latter – day Rohana.
The International community (IC) and India had to get off Colombo’s back and allow it a free hand. Like JR Jayewardena and R. Premadasa acting in the past , Mahinda too was using the all – party conference as a time – buying show to keep IC pressure at bay. There was also a need to get sustained finances from the IC to make war on the Tamils.For all this the appearance of a political quest through the APRC was a must.
Rajapakse known for his political acumen and cunning ensured that the APRC would not deliver. He left out the Tamil National Alliance (TNA) on the grounds that the pro – LTTE party would not engage in constructive discussions and would be an impediment to smooth progress of the APRC. Yet parties like the JVP and JHU along with the Mahajama Eksath Peramuna (MEP) were participants. A Tamil extremist party like the TNA was bad but Sinhala extremist parties were good. Funny eh?
The Expert panel too was “packed”. Notable Sinhala people with hardline positions were appointed along with other respected moderates. The chairman was eminent lawyer HL de Silva who along with another “expert” Gomin Dayasiri argued successfully for a de – merger of the North – East. It was essentially a Sinhala panel with only one Tamil and one Muslim at first.
Subsequently International pressure resulted in more Tamils being added. Some Tamil experts were proposed by the late Kethesh Loganathan and Palitha Kohona. Among those considered were Nirmala Chandrahasan, N. Selvakumaran, K. Vigneswaran, Devanesan Nesiah and MA Sumanthiran. President Rajapakse selected the first three.
The APRC as well as the expert panel was deeply divided. A satisfactory consensus emerging was seemingly impossible. If a common position was reached it would have been heavily diluted in favour of a hardline Sinhala position. This would make the LTTE reject it unconditionally as a basis for discussions. It would also have been easier for Rajapakse to push it down Tamil throats on the grounds that it was a Southern consensus. The IC may have pressed Tamils to accept it. While these happenings were on Mahinda’s mighty army would have demolished the LTTE. Thereafter it was Hobson’s choice for Tamils.
But the best laid plans of men and mice go awry. This happens to even people with leonine pretensions. Opposition to HL de Silva from within the expert panel made him step down . MPP Peiris was made chairman. The polarisation within the expert panel did not turn ethnic. To their credit several Sinhala experts transcended their ethnic limits in forging together a reasonable and just scheme for the betterment of the entire nation and not for a particular ethnicity alone. Eleven of Seventeen experts comprising six Sinhala, four Tamil and One Muslim endorsed Report A or the majority report. Four Sinhala experts presented Report B or the minority report. Two others presented a dissenting report each
The Constitutonal exercise may have gone on and on till Mahinda’s “chinthana” of a military victory was achieved but for one factor – India!. New Delhi increased pressure on Colombo to deliver and deliver quickly. Finally Rajapakse assured Foreign Secretary Shiv Shankar Menon that a draft report will be ready by Dec 15th last year. There was frantic speed thereafter. With the APRC wandering aimlessly the onus was on the expert panel to produce a worthwhile report. The panel rose to the occasion but reflected the chasms within by releasing four reports on Dec 7th.
Still report A presented by a multi – ethnic majority was a good one. It was very welcome from an ethnic minority point of view. At the same time it was satisfactory from a moderate Sinhala perspective too. But the hawks clamouring for a Sinhala supremacist Sri Lanka were unhappy. If Rajapakse was genuine about wanting to resolve the problem through maximum devolution he would naturally have embraced the majority expert report and backed it. He did not do so.
Instead Rajapakse distanced himself from the majority expert report. He got cabinet spokesmam Priyadharshana Yapa to come out with a convoluted statement disassociating the Govt from the report. An orchestrated campaign went ahead with presidential blessings to discredit the report and those who endorsed it.There were reports that some of those who signed it would be officially reprimanded. There were also puerile allegations about the report being leaked to the media. Interestingly it was not very long ago that Chandrika Kumaratunga described Mahinda as “reporter” insinuating that he was leaking cabinet secrets to the media.
One reason for Rajapakse’s discomfiture and anger was that he did not expect the expert panel majority to come out with such a commendable report. It was expected that it would be an insipid product. It was on Dec 3rd that copies of Committee A draft report was made available to experts. The “saffronistas” rushed to the President on Dec 4th. Rajapakse saw “taras” when he knew of the majority report. The contents were not to his liking.
An assurance was obtained from the experts that the report should be kept confidential. All reports were to be presented to the APRC. Thereafter the conference would debate the pros and cons and forge another “common” report. The corridors of power envisaged the suppression of the majority expert report through this subterfuge. The end product of the APRC would have been a watered down affair enshrining the unitary state and devolving minimum powers.
But again “apey” Mahinda was foiled. This time it was the media. The Rajapakse’s have through their carrot and stick methods compelled many sections of the media to fall in line. Not all however have lost their independence. The reports were all out in the public domain. Those who read them were able to compare the reports and arrive at their own conclusions. Above all members of the IC read them and began rooting for the majority expert report. The UNP also registered approval of the majority report.
Under these circumstances it was difficult now to jettison the report A. But there was the APRC. The only hope was to get it whittled down through that. Subsequent APRC meetings could not do much on that front..In a bid to take the process forward APRC chairman and cabinet minister Tissa Vitharane announced that he would select the best features of all four reports and incorporate them into another report. This report could form the basis for further APRC discussions.Many were perturbed at this and thought Vitharana would be made a cat’spaw presenting a watered down version.
One does not know whether Rajapakse expected Vitharana to compile a mild, watered down report. But the veteran Trotskyite and nephew of Dr. NM Perera did the Samasamaajists proud by coming out with a stellar product. Vitharana presented the report under “confidential” cover to the APRC delegates on Jan 8th.It was titled “Main proposals to form the basis of a future constitution”. Adding to the upbeat mood was the UNP position articulated ably by NK Choksy. The UNP too had adopted a very commendable stance.
Once again the free media came out with details of the Vitharana report. “The Morning Leader” of Jan 10th scooped it. The newspaper announced that the Tissa Vitharana report had many features similiar to that of the majority expert report. Substantial sections of the Vitharana proposals were similiar to that of Report A.
This writer is yet to examine the Vitharana proposals in full and compare it in detail with the Majority report.. A quick read shows that it has indeed taken many points and suggestions fom the majority report. There are changes in some areas like providing asymmetrical devolution to the North – East or setting up of a zonal council for Up Country Tamils. On the question of unit the Vitharana report leaves it open. Even the majority report did not come out with a definite conclusion but proposed four options.
One of those was to keep the N- E merger on for a period of ten years and then hold a referendum on it. The UNP too has proposed that the merger remain for 6 – 8 years and then have a referendum. The Supreme Court decision was based on legality and pronounced the merger invalid on procedural grounds. The political question remains untouched. With the UNP ready to coperate Rajapakse can through simple legislation re – merge the two provinces subject to a referendum at a later date after peace and a settlement is on the cards.Vitharana’s proposals envisage such a re – merger.
The Rajapakse regime however has gone ahead with de – merging the provinces. Two separate administrations are being set up. Army chief Sarath Fonseka has announced that they would bring the East under control first and then the North. If Rajapakse is successful in this – and that is a very big if – two elections will be held for the East and North provincial councils.Karuna and Douglas may have “chinthanas” about heading these councils respectively.
Against the backdrop of such grandiose plans the proposals in both the expert majority and Vitharana reports run contrary to Mahinda’s aspirations. . Though Vitharana was present at Rajapakse’s meeting with Pranab Mukherjee to assure the Indian Foreign minister that the political quest was proceeding smoothly the contents of his report are anathema to any president nursing lofty ambitions of military conquest. Mahinda wants to “slow ” down on the political front while moving “fast” on the military front.
Vitharana however explained salient aspects about progress made in the APRC and expert panel deliberations. After outlining the important points in his proposals Vitharana provided copies to the Indian delegation. Though the presence of Vitharana at the meeting with Mujherjee helped the President convey an impression that he was keen on a political settlement Rajapakse is having second thoughts about the APRC.
Thanks to the majority expert report and the Vitharana proposals the APRC is becoming a liability to Rajapakse. It is not going in the direction he anticipated. Instead quietly assertive dedicated persons who place the long – term interests of the Country above the short – term political ambitions of the “sataka” have in their own way expressed dissent. Furthermore the energies of the APRC is likely to be channelled on a progressive course in the future.
All this makes Rajapakse wary. It is time perhaps for the APRC to be stymied. It has outlived its usefulness to Rajapakse. But he cannot afford to dissolve it now after the contents of the Vitharana report have been made public via the media. There is also India and the IC. One way would be for Rajapakse to keep up the appearance of the APRC while making sure that it would not deliver without the blame being attached to him directly.
For this the UNP has to be eased out of the poliical quest. As stated in these columns earlier a meaningful Southern consensus is possible only if the UNP and SLFP come together. Realistically a SLFP – UNP bi – partisan consensus is more important than a wider all – party consensus. It was only a few weeks ago that this column stated the constitutional reform ball was in the SLFP – UNP court. What is necessary for Rajapakse is to get the UNP pull out of its accord with the SLFP. If that happens a Sinhala consensus would be out. Rajapakse can wriggle out of a commitment to introduce and implement a political soultion
It is with this underlying motive that Rajapakse now wants the treasury benches turned into a Pinnawela elephant orphanage. He is welcoming with open arms all “alipati” breaking ranks with the main herd. A rogue elephant here and there too would be enticed. Stating that no snap elections would be held and promising minister and deputy – minister posts to “cross overs” Rajapakse hopes to attract about 16 – 18 MP’s at first. His decision has been endorsed by cabinet
If this plan materialises it would violate the spirit of the SLFP – UNP accord. One of the important if not solitary factors that impelled Ranil Wickremasinghe into forging an understanding with the SLFP was to prevent such desertion of his MP’s. Though Rajapakse says that accepting UNP Parliamentarians into Govt ranks would not hamper the SLFP – UNP accord. This is simply not true. He may say that it does not violate the spirit of the agreement but it certainly does. Mahinda knows it. He also knows that this act would ring the death – knell of the SLFP – UNP accord.
If that happens the Constututional reform process would lose validity and credibility. The APRC would go through the motions without anything tangible being achieved. Mahinda would have achieved his goal.
This is why Mahinda wants to sabotage the SLFP – UNP accord by wooing MP’s from the UNP. The idea is not merely to strengthen Govt ranks but also to engineer a breakdown in relations with the UNP. This would make the Constitutional reform process a meaningless facade.. The Rajapakse regime would then be free to promote war.
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January 13th, 2007
By D.B.S. Jeyaraj
The Anglican (church of Ceylon) Bishop of Colombo Rt. Rev Duleep de Chickera has urged President Mahinda Rajapakse to “declare a unilateral truce, provide relief and humanitarian aid to all trapped communities, and initiate a wise and sincere course of action towards peace conversations.” He has also urged ” the LTTE to consider the suffering of the Tamil people whose cause it says it advocates, and to reciprocate. ”
Bishop de Chickera who has expressed criticism of the Government for the killing of civilians at Iluppaikkadavai has also criticised the Liberation Tigers over the bus bombings and civiilan deaths in Nittambuwa and Godagama.
The Anglican prelate has also requested the President “to counter the violence of the first week of 2007 by declaring this year as the year of peace; and to immediately declare a unilateral truce.
The full text of Bishop Duleep de Chickera is posted below -
A Statement by the Rt Revd Duleep de Chickera, Bishop of Colombo
[The Church of Ceylon (E-P) - Ceylon] The vicious violence unleashed against Sri Lankan civilians by Sri Lankans at Iluppaikkadavai, Nittambuwa and Godagama, within the first week of the new year shocked and disturbed an already desperate nation and must be condemned forthright.
The Government of Sri Lanka must take responsibility for the deaths and injuries caused to civilians through the aerial bombing at Iluppaikkadavai . According to reports this is a clear shift from the often propounded stance of restrained and retaliatory strikes, and amounts to an arbitrary act of war. The Government simply cannot expect to claim credibility as a responsible democratic Government by talking peace and waging war at the same time.
Inspite of denials, the finger clearly points at the LTTE for the deaths and injuries of the victims of the bus bombs at Nittambuwa and Godagama. These deliberate and calculated attacks on civilians can easily, and are perhaps meant to, provoke a reaction that leads to war. The LTTE has failed to convince the world that it can change its ways.
Both continuing violent agendas demonstrate the helplessness and vulnerability of civilians when parties with access to weapons adopt violent agendas and refuse to consider more civilised options. They also demonstrate how easily civilians become expendable targets when the “enemy” is illusive or securely protected.
Consequently the people of this country must take note of these serious trends and the propaganda that accompany them. War should not be rationalised and under no circumstances can violence against civilians be justified. The history of our bleeding nation reminds us that unless we all come to our senses, stand for the dignity of life for all and create a shift towards a political resolution we will continue to suffer this type of carnage.
The intimidating war culture and its ever widening tentacles must be transformed. Our children have a birthright to a safe today and an integrated tomorrow. Poverty must be addressed and the poor liberated from their misery. We must draw from our still available moral values and spiritual strength and become the dignified and civilised nation we have the potential to become.
I consequently appeal once again to the President to act for the greater good of all people of all communities. I urge the President to counter the violence of the first week of 2007 by declaring this year as the year of peace; and to immediately declare an unilateral truce, provide relief and humanitarian aid to all trapped communities, and initiate a wise and sincere course of action towards peace conversations. The nation and the world will rally round this healing initiative and make it work. I urge the LTTE to consider the suffering of the Tamil people whose cause it says it advocates, and to reciprocate.
When fighting and destruction exhaust a people we stand at the threshold of reconciliation and peace.
______________________________
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January 12th, 2007
By D.B.S. Jeyaraj
The eagerly awaited ‘confidential’ report of Science and Technology Minister Tissa Vitharana to the All Party Representatives Committee (APRC) on Monday has jettisoned the unitary state concept and proposed the state to be ‘The Republic of Sri Lanka’ and to be described in the constitution as ‘one free, sovereign and independent state.’
The report was presented to the APRC by Chairman Tissa Vitharana under ‘confidential’ cover as a discussion paper for the committee titled ‘Main Proposals To Form The Basis Of A Future Constitution.’
The report has adopted a very large part of the Majority Report of the Experts Committee with practically the identical wording used in describing the unit of devolution and the nature of the state.
The present constitution states in Article 2 that the Republic of Sri Lanka is a unitary state but the Vitharana proposals have adopted the wording in the majority report of the Experts Committee. The JVP boycotted Monday’s meeting in opposition to the Experts Committee majority report being considered as part of the discussion.
The report identifies subjects that should be devolved to the provinces including the police and subjects to be with the centre and a concurrent list.
The report also contemplates peace talks with the LTTE to determine the fate of the north-east merger.
“The state shall be obliged to safeguard the independence, sovereignty, unity and territorial integrity of the Republic to preserve and advance a Sri Lankan identity, recognising the multi-lingual, multi-religious and multi-cultural character of the Sri Lankan society,” the report states.
The report further states the people of Sri Lanka shall be described in the constitution as being composed of ‘the Sinhala, Sri Lankan Tamil, Moor, Indian Tamil and other constituent peoples of Sri Lanka’ with the right of every constituent to develop their own language, to develop and promote its own culture and the right to its due share of state power inter alia.
The report further proposes a parliamentary form of government with the president to act on the advice of the prime minister and the cabinet of ministers.
The prime minister, according to the proposal, will be directly elected by the people simultaneously with a general election and the transfer of executive power to parliament to take place at the end of the current term of the President.
What the proposal effectively tantamounts to is the abolition of the executive presidency at the end of the present term of President Mahinda Rajapakse as pledged in the Mahinda Chinthana.
The proposals also call for safeguards against secession.
On the question of the unit of devolution, it is proposed that as far as practicable it should consist of geographically contiguous territory, be conducive to balanced regional development and be designed to enhance administrative efficiency.
On the question of the north and east merger, the Vitharana report states it be kept open for discussion at the peace talks.
The full text of the Tissa Vitharana proposals are given below -
MAIN PROPOSALS TO FORM THE BASIS OF A FUTURE CONSTITUTION
1. State, Sovereignty, People
1.1. The name of the State to be “The Republic of Sri Lanka”.
1.2 Following from the above, the State shall therefore be described in the Constitution as “one, free, sovereign and independent State”. The State will consist of “institutions of the Centre and of the Provinces which shall exercise power in the manner provided for in the Constitution”.
1.3 The State shall be obliged to safeguard the independence, sovereignty, unity and territorial integrity of the Republic and to preserve and advance a Sri Lankan identity, recognizing the multi-lingual, multi-religious and multi-cultural character of the Sri Lankan society.
1.4 The People of Sri Lanka shall be described in the Constitution as being composed of “the Sinhala, Sri Lankan Tamil, Moor, Indian Tamil and other constituent peoples of Sri Lanka.” The right of every constituent people to develop its own language, to develop and promote its culture and to preserve its history and the right to its due share of State power including the right to due representation in institutions of government shall be recognized without in any way weakening the common Sri Lankan identity. This shall not in any way be construed as authorizing or encouraging any action which would dismember of impair, totally or in part, the territorial integrity or political unity of the Republic.
2. Form of Government
2.1 It is recommended that Sri Lanka should adopt a Parliamentary form of government at the Centre.
2.2 The executive powers of the Centre shall be exercised through the President who shall act on the advice of the Prime Minister and the Cabinet of Ministers. The Prime Minister shall be directly elected by the people at an election held simultaneously with the General Election.
2.3 The transfer of executive powers to Parliament shall take place at the end of the current term of office of the President. In the interim period the President shall be deemed to be a Member of Parliament and shall be responsible and answerable to Parliament regarding the exercise of executive power. Necessary transitional provisions to this effect shall be provided.
2.4 In this document reference to the President, denote the President during the interim period and thereafter the President acting on the advice of the Prime Minister and the Cabinet of Ministers.
3. The electoral System
This shall conform with the recommendations of the Select Committee on Electoral Reforms that are accepted by Parliament.
4. Supremacy of the constitution, constitutional court
4.1 The supremacy of the Constitution shall be recognized. All actions of the Centre and of the Provinces inconsistent with the Constitution shall be void.
4.2 The holder of the office of President should have personal immunity for any executive action taken by him as long as he holds office. However, all executive actions of the President should be subject to judicial review.
4.3 A separate Constitutional Court is necessary but it should be within the existing court structure but not as part of the Supreme Court. Only those with specialized knowledge in constitutional matters should be appointed to it, but they can be from within the judicial service or outside. Appointments to the Constitutional Court shall be made by the President on the recommendation of the Higher Appointments Commission. The Constitutional Court shall reflect the pluralistic of Sri Lanka.
4.4 The Constitutional Court shall have the power to strike down Central and Provincial legislation which is violative of the Constitution, notwithstanding the fact that such legislation has been duly certified according to the Constitution. All existing law (other than the respective personal laws) shall be read subject to the Constitution.
4.5 Where a question of the interpretation of the Constitution or inconsistency of a law, provincial statute or an emergency regulation with the provisions of the Constitution, or the constitutionality of an act of the President, arises in any proceedings in any court or tribunal, such question could be referred by such court or tribunal to the proposed Constitutional Court.
4.6 Appointments to the Constitutional Court should not fall within the age limitation placed upon Supreme Court Appointees.
5. Safeguards Against Secession
5.1 There should be in-built mechanisms to discourage secessionist tendencies and to preserve the unity, sovereignty and territorial integrity of the State.
5.2 A Provincial Legislature of Provincial Government shall not, by direct or indirect means, promote or otherwise advocate or attempt to promote or otherwise advocate an initiative towards the separation or secession of any Province or part thereof, from the Republic.
5.3 Emergency power for the Centre to intervene in the Provinces in the event of a “clear and present” danger to the unity, territorial integrity and sovereignty of the State and in cases where the Provincial authorities request the intervention of the Centre, shall be clearly spelt out in the Constitution. Accordingly, the Constitution should provide for the following:-
5.3 (a) A declaration of an emergency in a Province, where the President is of opinion that the security or public order of the Province is threatened by armed insurrection, grave internal disturbances or by any act or omission of the Provincial A government which presents a clear and present danger to the unity, territorial integrity and sovereignty of the Republic. This would empower the President to deploy armed forces or the National Police to restore public order and to make regulations in respect of subjects in the National List or in respect of law and order.
5.3 (b) There may be instances where the Provincial authorities feel the need to obtain the assistance of the Center to deal with a situation of emergency in that Province. In such circumstances a declaration of emergency in a Province would be done by the President upon being advised by the Governor, consequent to advice given to him by the Chief Minister. This would empower the President to authorize officials of the Centre to exercise powers in respect of subjects in the Provincial List, and, for the President to make regulations with respect to any matter in the Provincial List as may be specified by the Governor acting on the advice of the Chief Minister.
5.3 (c) Where the President is of opinion that a situation has arisen in which a Provincial Legislature? Government is promoting an armed rebellion or insurrection, or is engaging the international violation of specified provisions of the Constitution relating to the unity, sovereignty and territorial integrity of the Republic and that the powers of Provincial authorities presents a clear and present danger to the unity and sovereignty of the Republic, the President would be empowered to assume all or any functions of the Province and in an extreme situation, to dissolve in terms of the Constitution the errant Provincial Legislature. The principles of democracy and equity should be upheld and Constitution held supreme.
5.4 The above act of the President shall be subject to Judicial control and Parliamentary control as well. (In this connection see also 3:5 above)
5.5 The Centre shall protect every Province against external aggression and internal disturbance and ensure that the Government of every Province is carried on in accordance with the provisions of the Constitution.
6. Power sharing
6:1 The Centre
6:1 (a) There shall be a Parliament at the Centre comprising of the House of Representative elected by the people and the Senate elected by the Provincial legislatures.
6:1 (b) The Cabinet of Ministers at the Centre shall be comprised of members of both House of Parliament, namely the House of Representatives and the Senate, excluding its Chairman.
6:1 (c) There shall be two Vice Presidents elected by Parliament and they shall belong to two different communities distinct to that of the President: the term of office of each of the Vice Presidents being 3 years.
6:1 (d) At any given time, one of the Vice Presidents shall be the Chairman (non-voting) of the Senate (Second Chamber) while the other Vice President shall be the Chairman of the Higher Appointments Commission. Parliament shall decide at the time of election, which of the two Vice-Presidents shall occupy which of these posts. There shall be adequate provincial and community representation in the Higher Appointments Commission.
6:1 (e) The Senate should comprise representatives from the Provinces. (This would enable the Provinces to play a role in the national legislature. It would also act as an in-built mechanism against hasty legislation the may have an adverse effect on the Provinces.
Such a senate is found in almost every country where there is substantial devolution of power. A Senate should be considered a unifying mechanism. It would also function as a mechanism to rectify possible imbalances of representation in the House of Representation. The senate could also facilitate consensus building amongst interest groups).
6.1 (f) The members of the Senate shall be elected by the respective provincial legislatures. The election shall be according to the principle of proportional representation in a way that will facilitate the representation of the different communities and small political parties.
6.1 (g) In determining the size of the Senate there is the need to maintain a fair balance between the Senate and the Parliament. A ratio of 1:3 between the membership of the Senate and that of the House of Representatives is desirable.
6.1 (h) All legislation, with the exception of Money Bills, an be initiated in the Senate as well.
61 (i) The cabinet of Ministers should, in principle, reflect the pluralistic charter and also be representative of the province of Sri Lanka.
6.1 (j) The APRC may consider the desirability of introducing the Executive Committee System into governance at the Centre. This may facilitate the various communities and political parties to participate in the sharing of power in the centre. This can be done for a limited period.
6.2 The Provinces
6.2 (a) Executive power sharing in the Provincial Board of Ministers on a proportional basis has its benefits particularly i post-conflict situations. However a party can opt out of being in the Board of Ministers if it so wishes. Being mindful that a provincial executivecould become a breeding ground for corruption when thee is no official opposition, such an arrangement for power sharing could be in place for a limited period, provided that mechanisms are built in to ensure transparency and political pluralism. There is a place for an Executive Committee system in such a set up.
7. Unit of devolution
7.1 The unit of devolution should, as far as practicable, consist of geographically contingious territory, be conducive to balanced regional development and be designed to enhance administrative efficiency Differences in endowments are to be expected among units. Taking into consideration the existing circumstances the appropriate unit of devolution would be the province.
7.2 Factors such as ethnicity and language cannot be excluded in all situations and there may have to be exceptions in order to address security and other concerns of communities. Ideally such exceptions should be limited in time and ultimately, ethnicity should not be the main criterion for the establishment of units. This should not, however, preclude special arrangements being put i place to address such concerns.
7.3 Any proposed merger of two or three provinces, other than the North and East, would not pose any problem if done through referenda in accordance with provisions presently available in the 1978 constitution and the Provincial Councils Act, No. 42 of 1987.
7.4 The APRC may consider the feasibility/desirability of reducing the number of provinces outside the North and East, at the commencement of the new Constitution.
7.5 The Tamil political parties have been agitating for a merger of the North and East provinces so as to form a single unit of devolution. The Muslims and the Sinhalese have legitimate concerns about such a move in view of considerations relating to security, cultural and religious rights etc. In view of these competing claims, it is best that the question of unit/s in the North and East be kept open for discussion at the Peace Talks. It is essential that there should be Muslim representation at such talks.
7.6 Colombo and its environs shall form the Capital Territory which shall be a part of the Western Province. However, law and order in the Capital Territory shall be a matter for the Central Government.
8. Distribution of Powers
8.1 For devolution to be meaningful, it is recommended that the majority of the subjects and functions be categorized as belonging to the National sphere or the Provincial sphere. Provision for a Concurrent List consisting of a minimum of subjects and functions, may be considered, but it is best that the areas of concurrency be as few as possible as a means for minimizing tendency for the Centre to over-ride the Provinces.
8.2 The distribution of powers should be explicit and devoid of ambiguity. The Parliament shall have no legislative power in respect of subjects and functions in the Provincial List while Provincial Legislatures shall not have legislative powers in respect of subjects and functions in the National List. Where a subject or function not found in any List is ancillary to a subject or function already included in the Provincial List, such subject or function shall be deemed to be an item in the provincial List. All other subjects and functions not explicitly listed in the three Lists shall be deemed to be included in the National List.
8.3 Subjects such as Defence, National Security, Foreign Affairs, Citizenship, Immigration, Communication, National Transportation, National Transportation, International Commerce/Trade, Maritime Zones, Harbours, Ports and Airports (other than Fisheries Harbours without international transportation) and Shipping and navigation which are necessary to ensure the sovereignty, territorial integrity and economic unity of Sri Lanka shall be reserved for the Centre.
8.4 Where national policy or national standards need to be laid down, it should be done through a participatory process with the involvement of the Provinces. Culminating in framework legislation passed by Parliament. Framework legislation in respect of a devolved subject shall not amount to law applicable on the subject within provinces but Provinces would be required to conform to such framework legislation when passing statutes. The subjects and functions in respect of which national policy or national standards may be laid down should be minimized. Where a Provincial statute or a provision thereof is inconsistent with the framework legislation, such statute or provision may be struck down by the Constitutional Court.
8.5 There shall be three lists of areas which shall contain the subject matters within which Parliament and the Provincial Councils may exercise there respective Legislative powers and Executive functions.
These are:
8.5. (a) List I – The National List
There shall be a list of subject areas in which Parliament shall have exclusive powers to legislate and exercise and exercise all executive functions pertaining to them.
8.5 (b) List II – The Provincial List
There shall be a list of subject areas in which the Provincial Councils shall have exclusive powers to legislate and exercise all executive functions pertaining to them.
8.5 ( c ) List III – Concurrent List
8.5 ( c).I The subjects and functions in the Concurrent List should be as limited as possible, both in scope and numbers. The Concurrent List shall be divided into two Parts A&B.
8.5 ( c).ii In respect of matters coming under Part A, both Parliament and Provincial Councils shall have legislative power which shall be exercised in consultation with each other. In the event of inconsistency, legislation in acted by parliament shall prevail to the extent of such inconsistency.
8.5 (c) iii Executive powers relating to subjects and functions in Part A will be a matter for Provincial Councils.
8.5 (c.) iv. In relation to Part B, both parliament and Provincial Councils shall have powers as mentioned in Paragraph (2) subject to the difference that the Central Government may assume to itself the execution of legislation as well. Examples of matters that should come under Part B are contagious disease and environment pollution issues.
8.6 There shall also be separate lists of subjects whose implementation shall be a matter for the third tier, the Local Government institutions, and the fourth tier, the Gam Sabahas/Urban Ward Sabhas.
Judiciary
9.1 The institutions administering justice shall be the Supreme Court, the Court of Appeal, Provincial High Courts and other courts, tribunals and other institutions established by the Constitution and by law. The Supreme Court and the Courts of Appeal should reflect the pluralistic character of Sri Lanka. The constitutional Court shall be a specialized court headed by a President.
9.2 The Court of Appeal shall sit in Colombo and the Provinces. The present appellate, revisionary and writ jurisdiction of the Provincial High Courts shall be transferred to the Court of Appeal and shall be exercised by the Court of Appeal sitting in the relevant Province. It will also have fundamental rights jurisdiction in respect of alleged violations by Provincial authorities. The Court of Appeal will have Divisions, holding sessions in each Provincial capital and such other places as ma by decided by the Chief Justice of the Supreme Court.
9.3 Appointment of Judges
The Judicial Service Commission (JSC) shall consist of the Chief Justice (who shall be the Chairmen) and the two senior most Judges of the Supreme Court and two retired Judges of the Supreme Court or the Court of Appeal, nominated by the Higher Appointments Commission HAC. In making such nominations the HAC shall ensure that at least two of the members constituting the JSC shall have had experiences as Judges of the Original Courts.
Appointments to the Supreme Courts and the Court of Appeal shall be from among Judges, unofficial and official bars and from academia. Appointments shall be upon merit, based on a demonstrable knowledge of the law and known ability to contribute to the laws and legal development of Sri Lanka.
Fiscal devolution and center-province fiscal relations.
9.4 The design of fiscal and financial arrangements under the Thirteenth Amendment does not enable one to realize the full benefits of devolution and contribute towards “balances regional development.” A total redesign may be necessary taking into account the formulation set out in the Constitution Bill of 2000.
9.5 The expenditure responsibilities and revenue powers result in a large provincial fiscal gap making Provinces overly dependent upon the Centre. Through the Provinces are guaranteed the allocation of “adequate” funds to meet their “needs” and establishes a Finance Commission to consult with and recommend to Government what those needs are, the allocation of funds from the Annual Budget leaves the decision entirely in the hands of the Central Government. Ambiguities in the assignment of subjects have allowed the Centre to spend in areas of provincial competence and restricting the scope of services provided by Provinces. It is imperative that the resulting duality in the provision of public services is resolved through clear Centre-Province mandates. The substantive role of the Finance Commission is to recommend to the Ppresident the basis for the apportionment of such funds allocated from the budget. It is within these limits that any equalization of fiscal capacity to achieve balanced regional development is possible.
9.6 The fiscal and financial arrangements for devolution therefore need to be redesigned. These should address the spirit of devolution to enable Provinces to perform as efficient providers of the public services assigned. Basic principles that should underpin such redesigning are the criteria of Provincial Autonomy, Revenue Adequacy, Equity, Efficiency and Predictability. The design of fiscal and financial arrangements should provide for the following:
10:3 (a) Clarity in delineating the expenditure responsibilities of the Provinces vis-Ã -vis the Centre. This is based upon the clarity in the assignment of subjects and functions between the Centre and Provinces and the basis for the treatment of Concurrent subjects and functions. The listing of subjects and functions in the Constitution Bill of 2000 eliminates much of the ambiguity that is present in the Thirteenth Amendment. Any center-Province issues in this regard can be taken up at the Council of Chief Ministers or referred to the Constitutional Court.
10:3 (b) Availability of adequate revenues to discharge expenditure responsibilities in a manner that meets with the design criteria is sine qua non for the efficient provision of devolved public services. A combination of own sources of revenue and revenue sharing is necessary to provide untied resources at an adequate level. The Constitution Bill provides for excise duties [Article 207 (3) (a)], Taxes on Wholesale and Retail Sales [Article 207 (4) and Taxes on Sales and Income not otherwise provided for [Article 207 (5) (a)] as well as items in the Provincial List as revenue sources. Revenue sharing is introduces by Articles 207 (5) (b). but need further clarification as to the modalities for determination of the share of the Provinces shared revenues should bring Provincial resources up to an adequate level that allows discretion in making service provision choices and decisions.
10:3 (c) Equalization grants will be necessary to address variations in fiscal capacity across Provinces and enable Provinces to move towards providing a standard package of services in bringing about balances regional development. The Constitutional Bill of 2000 introduces the equalization principle in the apportionment of Excise and Wholesale and Retail sales Taxes. What is required will be equalization grants that will top up provincial resources to be adequate for capital expenditure for improving services up to minimum national standards.
10:4 Institutional arrangements for the mediation of Centre-Province fiscal relations constitute an integral and critical aspect of the fiscal and financial arrangements. The finance Commission should be revamped to be able to exercise checks and balances on the Centre and become an effective agent of equity. Specific mention should be made providing for them making of recommendations to the President as to the principles on which the sharing and assignment or the assignment of revenue between the Central Government and the Regions should take places. This should be undertaken with a view to ensuring that the agreed measure of finances necessary for effective devolution shall be made.
10:5 In addition, the Finance Commission should be required to report on areas of Centre-Province overlap in expenditures as this is a serious issue. Central expenditure in area of Provincial competence negates the objective of re-distribution to Provinces for brining about balanced regional development.
10.6 Institutional arrangements for Centre-Province consultation on fiscal and Financial metters constitute an important input in the mediation of Centre-Province fiscal relations. Such consultation is to be provided for through a statutorily constituted Finance Ministers Forum.
10.7 Financial transfers to Local Authorities and Gam Sabhas / Urban Ward Subhas must be provided for in Grants to Provincial Governments. The Finance Commission will assess “needs” of Local Authorities and Gam Sabhas / Urban Ward Sabhas separately and such funds are to be earmarked for transfer through the Provincial Governments.
10.8 Where the President is satisfied that a situation has arisen whereby the financial stability or credit of Sri Lanka or of any part of the territory thereof is threatened, he may direct the Finance Commission to issue such directives to a Provincial Council as are deemed necessary to observe such cannons of fiscal and financial proprietary and such other directives as may be deemed necessary or adequate for the purpose.
10.9 The commission should comprise five members who have distinguished themselves or held high office in fields such as finance, law, administration among other appropriate fields. The commission should be appointed by the President on the recommendation of the Higher Appointments Commission.
Defence, National security and law and order
11:1 Defence, national security, the raising, establishment and maintenance, as provided for by law, of regular, special and para-military forces and coast guard services shall be subjects reserved exclusively for the Central Government.
11:2 National security issues relating to devolved subjects, if any, could be dealt with by the Centre in the exercise of its powers under national security.
11:3 Law and order including public order and the exercise of police powers shall be devolved on the Provinces but be reserved exclusively for the Central Government in the Capital Territory (the Colombo City and its environs) and in cases expressly provided for in the Constitution. Further, in this context, consideration may be given to the specific identification of carefully demarcated strategic institutions/installations to be within the control of the Central Government for the purposes of Defence/National Security.
11:4 Further, in respect of any Province, where the Central Government is of opinion that the provincial Police Service is unable to provide adequate security to specifield institutions of the Centre such as ports, harbours and airports, it may deploy the National Police Service to provide security.
11:5 There shall be a National Police Service and provincial Police Services. The Constitution shall provide for co-operation between such Services.
11:6 The National Police Service shall have exclusive competence to investigate offences laid down in the Constitution. These would include offences against the Republic, offences relating to the National Police, Army, Navy and Air Force, any offence committed against specified persons such as the President, Prime Minister, Ministers, Members of Parliament, Judges of the Supreme Court or the Court of Appeal, any offence prejudicial to national security or the maintenance of essential services, any offence in respect of which courts in more than one Province have jurisdiction, any international crime and any offence committed with the Capital Territory.
11:7 Where the Chief Minister of a Province seek the assistance of the National Police Service to preserve public order within the Province, the National Police Commissioner shall deploy such personnel as are necessary for the purpose.
11:8 The National Police Commission and the respective Provincial Police Commissions will be responsible for the appointment, promotion, transfer, disciplinary control and dismissal of officers coming under their purview. They shall also determine the cadres for the National police Service and the respective Provincial Police Services.
11:9 There shall be a single Sri Lanka Police Officers Service (SLPOS) consisting of officers in the grades of ASP and above. The National Service shall consist of grades of the SLOPS and ranks below recruited or promoted at the national level.
11:10 The Head of a Provincial Police Service will be the Provincial Inspector General of Police who shall be appointed by the Board of Ministers of the Province. A Provincial Service shall consist of officers seconded from the Sri Lanka Police Officers Service, and ranks below the grade of ASP recruited or promoted at the provincial level or seconded form the National Police Service.
11:11 The National Police Commission shall be responsible for the recruitment of ASPs to the Sri Lanka Police Officers Service (SLOPS) and each Provincial Police Commission shall be responsible for the recruitment to each Provincial Police Service in keeping with the approved cadre.
11:12 An attempt shall be made to ensure, as far as practicable, that the National Police Force shall reflect the national ethnic ratios. Each Provincial Police Force should similarly reflect the ethnic composition of the Province. Every Police station should be able at all times to provide facilities for communication in Sinhala and Tamil languages.
Centre-provincial relations
12:1 The Group recognizes the need for mechanisms to encourage and enhance cooperation between the Centre and the Provinces. The concept of the Provinces sharing power at the Centre through the Senate was viewed as a possible mechanism that would generate a sence of participation by the Provinces in legislative and executive decision making at the Centre, and would in turn weaken the tendency separation.
12:2 A Council of Chief Minister chaired by the President would be an effective coordinating mechanism. Such a Council should meet quarterly or more frequently if the need arises. The Cabinet Secretariat should service this Council.
12:3 In addition to the Council of Chief Ministers, the Group recommends a quarterly Conference of the Chief Secretaries, chaired by the Secretary to the President. This Conference should also serviced by the Cabinet Secretarial.
Meeting the aspirations of Indian Tamils
The Indian Tamil population, having its main base in the plantation sector, (largely in the Central, Uva and Sabaragamuwa Provinces), is an underprivileged community that needs to be given special attention in order to be uplifted economically, socially and culturally. To empower the community and to ensure its effective advancement, the following mandatory measures are recommended:
13:1 A Cabinet Minister in charge of Indian Tamil Affairs.
13:2: A minister in charge of Indian Tamil Affairs in each of the following Provinces – Central, Uva, Sabaragamuwa.
This Minister shall be given powers in respect of subjects relevant to the advancement of the community such as Tamil medium schools, health, vocational education, agricultural development, animal husbandry and cultural affairs.
13:3 The implementation of students passed by the Provincial Council in respect of the aforementioned subjects shall be a matter for the local authorities within which here is a significant Indian Tamil population. eg. the Nuwara Eliya, Ambagamuwa, Deraniyagala, Lunugala and Panwila Pradeshiya Sabhas and Hatton, Dickoya and Thalawakelle-Dindulla Ucs and the Nuwara Eliya MC. Such authorities shall have the power to make any relevant by-laws.
13:4 The Gam Sabhas and Urban Ward Sabhas can implement the aforementioned statutes in addition to activities that come within their purview.
13:5 All members of Parliament and Provincial Councilors from the different Provinces, belonging to the Indian Tamil community shall be members of the Indian Tamil Cultural Council (ITCC). In addition, there shall be provision for five nominated members. All members of the ITCC shall be appointed by the President of Sri Lanka.
13:6 Mechanisms for coordination between the said local authorities shall be established. The ITCC shall be a consultative body in the application of such mechanisms.
14. LOCAL GOVERNMENT
14:1 Local authorities should be recognized by the Constitution as a tier of Government and given mush more powers than at present. The implementation of Provincial Statutes relating to subjects listed in a Schedule to the Construction would be a matter for local authorities. Local authorities would not have legislative power. They would, however, have power to make by-laws which should be laid before the Provincial Legislature but, in view of local authorities being a tier of Government, would not need Legislature approval.
14:2 Such an arrangement would help in the empowerment of the people in their own localities. Further, this would also enable localized ethnic communities to be in better control of their living and working environment, and its improvement. This empowerment can be strengthened through the fourth tier of Government the Gam Sabhas/ Urban Ward Sabhas.
14:3 The elections to local authorities should be based on wards. The elected representative should be drawn from the fourth tier, that is the Gam Sabhas/ Urban Ward Sabhas. The Chairman of each Gam Sabhas/ Urban Ward Sabha should be the member representing the people in the Pradeshiya Sabha and the Municipal/ Urban Council respectively. This agreement would ensure that the interests of the people in the village or street will be properly looked after at the local government level. The Pradeshiya Sabha should be served by the Divisional Secretariat will the Divisional Secretary as the chief executive. There should be statutory provision to ensure that adequate funds are made available to both the local government tier and the Gam Sabha/ Urban Ward Sabha tier.
14:4 Gam Sabha (GS)/ Urban Ward Sabha (UWS) tier. (See annex 1& 2). Peoples participation in governance will be through the Jana Sabhas which will consist of about hundred families at Village level and about two hundred families at the street level in the Urban areas. It is at Jana Sabha meetings that the local needs will be listed and prioritized and subsequently monitored and audited. Each Jana Sabha will elect a five person committee whose Chairperson shall represent them in the Gam Sabha (GS) Ward and the Veedi Sabha (VS) of the Urban Sabha (UWS).
14:5 The APRC should consider whether election from the Jana Sabha should be made a political, as in the Indian Panchayat system. The introduction of the right of recall after a representative has completed half his term for poor performance or errant behaviour can also be considered.
14:6 A Gam Sabha will consist of two or three Gram Niladhari Divisions which are divided into Wards, each ward being made up of about hundred families who from the Jana Sabha. There will be an Urban Ward Sabha for each Municipal/ UC Ward. This Urban Ward Sabha will be made up of Veedi Sabhas so that there will be one Vedi Sabha for about two hundred families, which from the Jana Sabha.
14:7 Each Gam Sabha/ Urban Ward Sabha will have a Secretariat which is headed by a graduate with administrative training and will include the various officials who are operating at that level eg. Grama Sevakas, Samurdhi Niyamakas etc.
15 THE PUBLIC SERVICE
15:1 The public service in a devolved system of governance must be organized at the national, provincial and local levels. Under current arrangements, the provincial Councils Act 42 of 1987 provides for a Provincial Public Service. However the implementation of these provisions was provided for administratively through “National Policy” and effected within the structure of the centralized public service. As a result provincial staffing was determined by the Centre seriously undermining the role and functions of the provincial and local tiers. To remedy this station, it would be necessary to provide for :-
15:1(a) Providing for the staffing of public positions required at each tier of government according to the service delivery needs in relation to the functions assigned.
15:1(b) Staffing levels of the provincial and local tiers to be agreed upon over the medium term (be a period of three years) as a tri-partite arrangement between the National Public service Commission, the finance commission and the respective Provincial Public Service Commissions.
15:1(c) Re-defining the role and functions of the public Service Commission(s) to focus more on public employment and less on public personnel functions with the latter being delegated to Ministers and Departments.
15:1(d) Re-defining the role and functions of the public Service Commission(s) to force more on public employment and less on public personnel functions with the letter being delegated to Ministries and Departments.
15:1(e) Resolving the inefficient duality in he public service at the sub-national levels.
15:2 Devolution of powers to the provinces would not result in an unhealthy duplication of positions and officers in the public service. Giving emphasis to the All Island Services would immensely contribute not only towards emergence of economical and effective services but also services built on national unity and integration.
15:3 Devolution of powers has not only to be effective but also devoid of duality. For this purpose, we propose that the district administration has to be restructured so as to from part of the provincial administration. Thus the Government Agent/ District Secretary and the divisional Secretary should also belong to an All Island Service and hold the rank of a head and deputy head of department respectively, in the provincial administration. All Grama Niladharis in a Province should also be absorbed into the Provincial Public Service of that Province.
15:4 To eliminate duality of service at the divisional level, the Divisional Secretary should also assume the role of Secretary to the Pradeshiya Sabha of his Division.
15:5 In order that Centre continues to be present at the provincial level, an office called the Provincial Commissioner- General (at the rank of an Additional Secretary) should be established as the focal point for the performance of national subjects and functions. Constitutional provision will also be made to enable the Centre to entrust through this officer, or otherwise, central functions (such as, customs, elections, census and gun licensing) to the Government Agent, Divisional Secretary, Grama Niladhari and other officers as agency functions.
15:6 There should be public services categorized as All Island Services, National Public Service and provincial Public Services. Parliament may declare by law any national public service to be an All Island Service. This shall not preclude a Province in establishing provincial services for all or any of the disciplines. The All Island Services shall include services such as the Sri Lanka Administrative Service, Sri Lanka Engineering Service, Government Medical Officers Service, Sri Lanka Police officers Service (ASP upwards) and the Sri Lanka Teachers Service.
15:7 Officers of the All Island services shall be recruited nationally and provincially (on a delegated basis) and be deployed in the national and provincial public services on release by the national Public Service Commission. The release of All Island Service officers to the provincial public services shall be agreed to with the respective provincial Public services shall be as agreed to with the respective provincial public Service Commission. Every officer of an All Island Service recruited to the cadre of a province shall at the outset service a minimum of 3 years in that province and a total of not less than 10 years in that Province however aggregated.
15:8 There should be a national public service commission consisting of not less than 7 members and not more than 9 members (Article 194 (1) modified) and a Provincial public service Commission for each of the provinces consisting of not less than 3 members and not more than 5 members [similar to Article 200(1)] whose membership shall reflect the ethnics composition at the national and provincial levels respectively. Nearly as may be, one-half of the membership of any of the public service commissions shall be persons who shall have had a minimum of 10 years experience as an officer under Government.
15:9 The National Public Service Commission and the Provincial Public Service Commissions are empowered to determine the cards to their respective services, including the All Island Services, It shall be the responsibility of the provincial public service to provide the necessary administrative staff to the Pradeshiya Sabhas, and to other local authorities.
15:10 All appointments, transfers, promotions, dismissal and disciplinary control of national public officers should vest in the National Public Service Commission. It may be delegate all or any of its functions in respect of specifies categories to a committee of the NPSC or to any public officer and where appropriate to the provincial public service to the provincial public service Commission. An officer of an all island service released to a provincial public service shall have the right of appeal to the national public service commission. A provincial public service commission may delegate all or any of its functions in respect of any category of public officers to any public officer.
15:11 Committees of the NPSC shall be independent and shall function under the direct supervision of the NPSC. There shall be a minimum of 3 members in each such Committee, one of whom shall be a member of the NPSC, who shall also be the chairman of the committee. The other two Members shall not be serving public officers or judicial officers.
15:12 There shall be equitable representation of the different ethnic communities of Sri Lanka in the public services. Recruitment to a public office shall be on merit. Promotion of public officers shall be based on seniority and on merit.
15:13 The president shall appoint all secretaries to national ministers and other public officers required by the constitution. The appointment promotion transfer dismissal and disciplinary control of all Additional Secretaries to Ministers and heads of national departments including the national inspector general of police vest in the cabinet of ministers.
15:14 The governor of a province shall appoint the chief secretary the principal secretary to the chief minister the secretary to the governor and other secretaries to provincial ministers on the advice of the chief minister of the province. The appointment, promotion, transfer, dismissal and disciplinary control of all Head of provincial departments of a province including the provincial inspector general of police and the government Agent (District Secretary) would vest in the board of ministers.
15:15 The appointment, dismissal and disciplinary control of Advisors and consultations is vested in cabinet of ministers and the board of ministers of the respective province.
15:16 There should be a public service appeals Tribunal.
15:17 There should be a forum of chairpersons of public service commissions as contained in the constitutional bill of 2000.
16 INDIVIDUAL AND GROUP RIGHTS
16:1 The constitution shall have a comprehensive bill of rights that guarantees not only civil and political rights but also group social economic cultural and children’s rights. The South African construction and chapter III of the 2000 draft commission are commendable in this regard. A provision similar to section 29 (2) of the soulbury Constitution as a group right should be included.
16:2 There shall be adequate machinery for enforcement at national and provincial level. In addition to the supreme court, the court of Appeal sitting in the provinces shall have a fundamental rights jurisdiction for enforcement of fundamental rights. The National Human rights commission shall be recognized by the constitution. In addition and without prejudice to the powers of the national human rights commission provinces may have their own human rights mechanisms.
16:3 In respect of disadvantaged communities clearly defined affirmative action could be considered. Such affirmative action should be time-bound and should be subject to periodical review to ensure that they do not go out of hand.
Confidential
16:4
Where a public officer is found by Supreme Court or the Court of Appeal to have violated a fundamental right of a person, such finding shall trigger off disciplinary action against such officer.
Language
17:1 Provisions of chapter IV of the Constitution provides for the use of Sinhala and Tamil as the official languages of Sri Lanka. They also provide for the rights of ordinary persons in any part of the country with regard to the use of Sinhala. Tamil or English in communicating with officials of the Government and receiving responses there to, and for the rights of persons to give information with regard to the commission of an offence to a police or peace officer in any of the three languages.
17:2 The lack of staff capable of working in the Tamil language had been the main cause of non – implementation of the provision of the Constitution with respect to Language and consequently. Tamil speaking persons (i.e Tamil and Tamil and Tamil Speaking Muslims) have been encountering difficulties in their interacting with the Government )
17.3 Further, such a situation also arisen partly from the fact that the format of Chapter TIV and the words used there in leave much to be desired with regard to clarity, giving rise to uncertainty with respect to the application of the provision.
17:4 Although the provision of Chapter IV of the 2000 Constitution Bill in respect of Language is an improvement on Chapter IV of the current Constitution, they also suffer from lack of clarity in some of the Articles. In view of this complexity the Panel proposes that the new Constitution should meet the following requirements with respect to Language, in addition to incorporating other specified provision in the 2000 Constitution Bill:
Sinhala and Tamil shall be official languages and languages of administration, while Sinhala, Tamil and English shall be the national languages, of Sri Lanka.
Sinhala shall be the language used for the maintenance of public records by national and provincial institution and by local authories in the Capital Territory and in the Provinces other than the North and East, were Tamil shall be so used.
Sinhala shall also be used as the Language of public records in administrative divisions of the North and East where in the Sinhala speaking population exceeds one-eighth of the population of the respective division, and Tamil shall also be a language of record in administrative divisions outside the North-East where in the Tamil speaking population exceed one-eighth of the population of the respective divisions.
Sinhala and Tamil and where expedient. English shall be used for the maintenance of public by national Ministries and the Head Offices of all national public institution, irrespective of their location.
A person in any part of Sri Lanka shall be entitled to communicate and transact businesses with any institution of the State in any of the national language and to receive response to such communication in the same language.
A person in any part of Sri Lanka shall be entitled to give information regarding the commission of an offence to a police or peace officer in any of the national language.
A person shall be entitled to give information as regard any birth. Death or marriage in any of the national languages, any to receive the original certificate of such birth, death or marriage in the language of record of the area together with a translation therefore in any national language, or in the official language of the person’s choice if both official languages are languages or record of the area, together with a translation thereof in any national language.
Where a document is executed by an official for the purpose of being issued to a person, that shall be entitled to obtain such Document in the language of record of the area, on the official language of the person’s choice if both official languages are languages of record of the area, together with a translation thereof in any national language.
A person shall be entitled, if the law recognizes the person’s right to inspect or to obtain copies of or extracts of any register, record, publication or other document, to obtain a copy of, or an extract from such register, record, publication or other document, together with a translation thereof in another national language.
Any institution of the State which maintains its records in Sinhala shall been titled to communicate and to receive communication from and to communicate and transact business with any other institution of the State in Sinhala, if the latter maintains its records in Sinhala or both in Sinhala and Tamil. The same shall apply, mutates mutandis, to an institution of the State which maintains its records in Tamil.
Any institution of the State which maintains its records only in Sinhala shall communicate and receive communication from and to communicate and transact business in English with an institution of the State which maintains its records only in Tamil and vice versa.
A person shall be entitled to be examined through the medium of any of the national languages at any examination for the admission of persons to any national or provincial service or any public institution, subject to the condition that the person may be required to acquire a sufficient knowledge of either or both of the other two national languages within a reasonable period after admission to such service or public institution where such knowledge is reasonably necessary for the discharge of duties of the person.
A school imparting primary or secondary education shall ensure that a person educated through the English medium shall also have an adequate knowledge of Sinhala or Tamil, or both.
(In order to facilitate better communication among the communities and to promote national integration), Sinhala, Tamil and English languages shall be made compulsory subjects at the GCE (O/L) examination. This could be done in a staggered manner in view of resource constraints.
Sinhala shall be the language of record and proceedings of all courts other than those in the North and East, where Tamil shall be so used.
The Minister of the Cabinet of Ministers to whom the subject of Justice is assigned, may, with the concurrence of the Cabinet of Ministers, and with the concurrence of the Chief Minister of a Province where applicable, direct that the Language of record and proceedings of any court shall also be in a national language other than the language of the court.
All three national languages shall be languages of record and proceedings of the Supreme Court and the Court of Appeal.
The provisions of Article 34, 38(2), 39, 40, 41, 42(2), 43, 44, 45, 47 and 48 of the Constitution Bill of 2000 should also be incorporated without any material change.
18 Land and water
18.1 The Centre shall succeed to State land controlled or used by the Central Government and its institutions in relation to subjects and functions in the National List at the commencement of the Constitution.
18.2 Every Province shall succeed to all other State land within the Province, subject to the rights of persons in lawful possession or occupation of such land. A Provincial Government shall be entitled to exercise rights in or over such land, including land tenure, transfer and alienation of land, land use, land settlement and land improvement.
18.3 A Provincial Government may, after due consultation with the Central Government, require and Central Government to make available to the Provincial Government, such State land as may be reasonable required for the purpose of a subject or function in the Provincial List, and the Central Government shall comply with such requirement.
18.4 The Central Government may, after due consultation with a Provincial Government, require the Provincial Government to make available to the Central Government, such State land as may be reasonably required for the purpose of a subject or function in the National List, and the Provincial Government shall comply with such requirement.
18.5 There shall be a National Land and Water Commission with equal representation of the Central Government of the one hand and the Provinces on the other and with equitable representation of all the major communities. Members of the Commission shall be persons with technical qualifications and experience in the relevant fields and shall not be serving public officers.
18.6 The National Commission shall formulate national land use policy and make recommendations to the Central and Provincial Governments with regard to the protection of watersheds, the appropriate amount of forest cover in each Province, conservation of fauna and flora and the protection of the environment. The Commission shall monitor land use and compliance with policy and recommendations so formulated.
18.7 The Provincial Minister in-charge of lands in the Province shall set up a Provincial Land and Water Commission with adequate representation of the various communities in the to ensure the proper distribution of land. Priority in land settlement schemes shall be accorded first to needy persons of the District and then to needy persons of the Province, paying attention to the needs of the minorities of the Province within the relevant division. Wherever possible priority within the district should be given to the relevant divisions. (this is a matter for discussion within the APRC).
18.8 The alienation of State land under inter-provincial irrigation schemes shall be on the basis of the national ethnic ratio (1981 census). Priority shall be given to persons who are displace by the scheme, needy persons of the district or districts in which the scheme is situated, thereafter to other needy persons of the relevant Provinces and finally to other needy persons in the country.
18:9 The National Land and Water Commission shall determine and intimate to the provinces the number of allotments available for alienation to residents of the relevant districts and Provinces. The selection of the allottees shall be the responsibility of the Province.
18:10 Where the members of any ethnic community do not, or are unable to take their entitlement of allotments from any such scheme in a particular district, they shall be eligible to receive and equivalent number of allotments in the same scheme in another district, or in another inter-provincial irrigation scheme.
18:11 The distribution of allotments in inter-provincial irrigation schemes on the basis of the aforesaid principles shall be done as far as possible so as not to disturb very significantly the demographic pattern of the Province concerned and in accordance with the principles of ensuring community cohesiveness in the Province.
19 Resolution of centre-provincial and inter-provincial issues
19:1 There is a need for a mechanism for the resolution of disputes that may arise between the Centre and the Provinces or among the Provinces,. As a matter of approach in the first instance attempts must be made to resolve the disputes through informal discussions. If these discussions do not lead to satisfactory solutions, the following mechanisms could be utilized for resolution of the disputes:
* Mediation / Conciliation undertaken by the Council of Chief Ministers chaired by the President.
* Arbitration by a Tribunal appointed by the Senate of Parliament.
* Reference to the Constitutional Court.
20 Safeguards for powers of provinces
20:1 Constitutional provisions relating to the powers of the Provinces shall be entitled to special safeguards. Amendments to such provisions shall apply in a Province after passage in Parliament and upon approval by the relevant Provincial Legislature.
21 Other
The number of Ministers at the Centre as well as the Provinces by restricted to one-eighth the total number of members of the relevant legislature.
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January 12th, 2007
By D.B.S. Jeyaraj
A recurrent feature of the on going “dirty war between the Government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE) is the continuous victimisation of innocent Tamil civilians in aerial bombardment and artillery shelling.After these pathetic victims are killed, maimed and injured the state comes out with the usual story that only LTTE positions were targeted and that there were no civilan casualties.
It has become routine for the state to justify these attacks as part of its propaganda war. Any one daring to articulate the inconvenient truth is wronfully accused of being a tiger agent or propagandist.The suffering of civilans caught up in a war they do not want is ignored. Humanity is forgotten in this climate of charges and counter – charges. Human beings are reduced to insignificance.
[Photo: TamilNet]
Iluppaikkadavai in the North – Western district of Mannar became the site of another atrocity in this continuing pattern. It is a small village along the Mannar – Pooneryn road and comes under the Manthai West AGA division. The village is about 25 km to the north of Mannar town. Iluppaikkadavai’s population had increased over the years with more than 4000 displaced people from other parts of the North seeking refuge there. The village falls within areas in Mannar district controlled by the LTTE.
The place along the sea shore where fisherfolk beach and launch their boats and rafts is generally known as Padaguthurai. Such places known as Padaguthurai are widely prevalent in coastal areas with a fishing tradition. The padaguthurai in Iluppaikkadavai had become a dwelling place over the years.
The mass exodus of Jaffna residents in 1995 had brought several families to Mannar district. Some people from Naavaanthurai in Jaffna had come over to Iluppaikkadavai and settled down at Padaguthurai. They were all Catholics. These people eked out a living by fishing in shallow waters and did not venture far out to the deep sea. 231 persons from 46 families were living in 35 “kudisaigal” (cottages) and “Kottilgal” (sheds) in the Padaguhurai hamlet.These dwellings formed a small cluster within 100 yards from the sea.
Jan 1st of 2007 saw all families in Padaguthurai remaining at home to celebrate the new year. None went out to sea. The following day of Jan 2nd began with a lingering hangover from the previous day’s festivity. But aerial terror was to strike. Four planes all of them Israeli K-fir jet bombers swooped down from the skies at 9. 35 am..
Three planes dropped four bombs each. The fourth dropped only two. There were twelve explosions with two bombs failing to explode. People screamed and ran in search of elusive safety. It was all over in ten minutes.
The exponents of aerial terror flew away leaving behind a scene of death and destruction. Around 25 of the Padaguthurai dwellings were destroyed and damaged. The thatched cadjan roofs caught fire in many instances. About 50 – 60 people were injured. Some of them succumbed to injuries.. There were people whose bodies were blown to pieces. Others were maimed losing limbs.
People from Iluppaikkadavai rushed to the scene of bombing. Among these were the parish priest Fr. Arulnathan and Village service officer or Grama Sevaka , Sinnathurai Vejendran. The villagers led by Catholic priests and nuns of the area administered first aid and began efforts to take the people to hospitals. There were two small hospitals in the region. One was at Mulankaavil to the north and the other at Pallamadhu to the South of Iluppaikkadavai.
Even as injured people were taken to these two hospitals it became apparent that many of the serious needed medical care that could not be provided adequately at the Mulankaavil and Pallamadhu hospitals. The closest big hospital was at Mannar town only a 40 minutes ride away. An urgent message was sent. Mannar hospital authorities promptly despatched two ambulances.
The entry – exit point for GOSL and LTTE controlled areas was at Uyilankulam. The security officials at Uyilankulam refused to let the ambulances go to Iluppaikkadavai. No amount of pleading by civilian officials would make the army relent. This was not due to the individual whims of security personnel. They were acting on orders from the Defence ministry in Colombo.
There is a visible design here. In the East the security personnel at the Mankerny entry – exit point display the same conduct when it comes to helping the beleaguered civilians of Vaaharai get medical treatment. There too the callous cruelty is due to orders from Colombo.
The next best alteranative was the hospital at Kilinochchi which is a tiger controlled area. Two ambulances drove down from Kilinochchi and transported the serious cases there. Instead of being taken to Mannar hospital that was only 25 km away the injured had to be taken to Kilinochchi 80 km away.
27 people from Padaguthurai were warded at Kilinochchi. Those classified as “less serious” among the injured received treatment at the Pallamadhu and Mulankaavil hospitals. Eight bodies were at Pallamadhu and five at Mulankaavil. The body of a youth killed in the bombing was taken away by the tigers.The victim was a member of the LTTE and had come on “leave” for the new year to visit his family at the mother – in – law’s place in Padaguthurai.
Among the dead civilians were Anthonipillai Rasakumari (52) and her children Anthonipillai Kutti( 26) and Anthonipillai Velastin (30) .Velastin’s husband Kugan (34) , their 2-year-old son Dayalan, 4-year-old daughter Dayalini, and 1-year-old baby boy of their relative, I. Madusan’ Others killed were V. Tharsini (8), Johnson(9), Vinosan (6), Uthayakumar(55), V. Vijitha(28) , and Kili (32). The killed LTTE cadre’s name is not known yet.
Two of those admitted to Kilinochchi hospital died subsequently.27 year old Malini Uthayakumar and her 18 month daughter Dharshika died in the hospital. The father /husband Uthayakumar is receiving treatment at Kiinochchi too. With these deaths the death toll went up to sixteen. Seven of the sixteen were children under 10 years.
At least ten of the injured in the Kilinochchi hospital are under ten years of age. Three pregnant women are also seriously injured. Of the twenty – five warded at Kilinochchi seventeen are reportedly serious. Among them six are said to be in critical condition. Five of the injured have lost limbs. The eyesight of another three is impaired severely. Some of those killed too had their limbs blown away.
The bombing at Iluppaikkadavai and the damage inflicted on civilians caused shock tremors as details began to emerge. A Press Release on the incident was issued by the United Nations Office for the Coordination of Humanitarian Affairs .excerpts are given below –
“At least 14 civilians, including children, were killed this morning in north-western Sri Lanka during the aerial bombardment of the coastal village of Illupaikadavai, in Mannar District by the Sri Lankan Air Force. At least 35 additional civilian casualties have also been reported”
“Sri Lankans continue to suffer deeply due to this conflict, and today’s loss of life is a source of deepest concern,” said Margareta Wahlstrom, United Nations Assistant Secretary-General for Humanitarian Affairs and Acting Emergency Relief Coordinator. “It is imperative that both sides to the conflict take all measures to fulfil their obligations under international law to protect civilians in this conflict; we have too often seen them fall short in this duty.”
“The United Nations calls once more for a cessation of hostilities between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) and resumption of the peace process, and recalls the responsibility of all parties to the conflict to protect civilians and uphold international human rights and humanitarian law”
Even as this civilian tragedy was unfolding the official version related a different tale. The Sri Lanka army website had this to say -:
” MANNAR: WITH A VIEW TO eradicating Sea Tiger capabilities in north of MANNAR, Air Force Kfir jets this morning (2) bombed several identified Tiger terrorist targets in ILLUPPAIKADAVAI, MANNAR and PANICHCHANKERNI, VAKARE.
The Sea Tiger base, north of MANNAR has been regularly used by Tiger terrorists to launch deadly attacks on Sri Lanka Naval fleet on duty in the seas around the gulf of MANNAR.
Intercepted Tiger transmissions confirmed that Tuesday (2) air strike inflicted damages to them.
Meanwhile, Air Force strikes on PANICHCHANKERNI LTTE mortar positions in VAKARE resulted in the destruction of several mortar positions.”
With the state saying an LTTE base was hit the LTTE propaganda wing too got into action. Vivid pictures of the bombed hamlet and casualties were taken and distributed worldwide.As the truth behind the Padaguthurai bombing began to get revealed the Media centre for National Security issued another release -
” The Air Force denied bombing civilian settlements in ILLUPPAIKADAVAI, north of MANNAR this morning as alleged by pro LTTE media groups.
Air Force Kfir jets carried out air strikes on an identified sea tiger base in ILLUPPAIKADAVAI, north of MANNAR this morning. The sea tiger base in ILLUPPAIKADAVAI was a well identified target which was under constant monitoring by the SLAF. Intercepted Tiger communication revealed that the tigers were in need of urgent medical supplies.
The LTTE is currently spreading false information that the SLAF has bombed a civilian settlement in an attempt to discredit the Security Forces and to win the sympathy of the International Community. The Air Force categorically denies bombing a civilian settlement north of MANNAR.
Meanwhile, the Air Force successfully neutralized a LTTE mortar position west of PANICHCHANKERNI, in VAKARAI this morning today (02)”
The Catholic Bishop of Mannar – Vavuniya diocese Rt. Rev Joseph Rayappu was at Iluppaikkadavai at 12. 45 pm on the day of the bombing. He inspected Padaguthurai and spoke with survivors. He also made detailed inquiries about the alleged presence of an LTTE sea tiger base in the vicinity. The prelate also went to Pallamadhu hospital.
Thereafter Bishop Rayappu who has met President Mahinda Rajapakse on more than one occasion wrote a letter to his excellency on the bombing incident. He also released the letter to the media. Bishop Rayappu also held a media conference and spoke about the actualities at Iluppaikkadavai. An interview to the BBC was also given.
Bishop Joseph Rayappu’s epistle to President Mahinda Rajapakse encapsules all what happened precisely. Excerpts from the missive are re-produced here – :
” Your Excellency,
Aerial bombing that took place at Padahu Thurai near ILLUPAIKADAVAI, in the un-cleared area of the District of Mannar at 9.35 am Today the 02nd of January, 2007.
Three Kefir bombers aided by an aircraft that is said to be supplying information to them, had been bombing the above small settlement of displaced people consisting of 35 families from Navanthurai, Jaffna. This aerial bombing took place today the 2nd of January, 2007 at 9.35 in the morning. I saw 12 spots where the bombs had struck and two of these bombs remain unexploded. The area of this attack is just within a radius of 100 meters close to the sea shores. This settlement consisted of 35 Catholic families who were all very poor fisher-folk. There is a Catholic church on this very spot in clear sight. They were living in small cadjan sheds. The Parish priest of this locality in the person of Fr. P. Arulnathan OMI and most of the priests and religious working in this area are very familiar with this location, the people and their day to day life.
I visited this very spot today at 12.45 Noon and the ICRC came there fifteen minutes later. Tomorrow morning i.e. on the third of January 2007, the SLMM is expected to visit this locality. After listening to the people and to the priests and religious working in the area and from my personal inspection, I wish to convey to you that there were no LTTE bunkers nor could we see any sign of their camps nor any individual residence of possible LTTE cadre in or in the vicinity of this area. This attack is clearly on a civilian target which, as far as I had witnessed, has blown to pieces 13 innocent civilians on the very dawn of the New Year 2007. It is feared that many more of the wounded would succumb to their injuries.
I, in the presence of the Catholic priest of this area saw eight civilian bodies of the above tragedy at the Pallamadhu hospital out of whom three were children of 2, 6 & 11 years old. They were all limbless and three of them headless. The parish Priest of this area had seen five bodies of civilians known to him who succumbed to death at Mulankavil hospital, this morning. I was told by the Doctor of the Pallamadhu hospital that more than 35 wounded people had been dispatched to Mulankavil hospital and from there, nearly 25 serious cases had been sent to Kilinochchi hospital most of whom are, I was told children and women. A good number of these may not survive, I was told by a doctor. There were no LTTE killed in this incident except one who was on leave and had come in civil, minutes before the attack to this place to pay New Year visit to his mother-in-law, as I came to know from my inquires. ”
Bishop Rayappu was quite candid in his interview to the BBC “Thamilosai”. He categorically denied that there was a tiger camp or base in Padaguthurai. The Bishop said that he had come to know that there was a tiger communications point one and a half km away from the bombed site. There was also a LTTE warehouse at another place about one and a half km away from Padaguthurai. There was however no LTTE presence in Padaguthurai asserted the Bishop.
The Bishop’s revelations evoked a hostile response from the state. The Media Centre issued a diatribe against the Bishop in very harsh language. A senior priest from a “minority” religion was unfairly condemned for voicing the suffering of a section of his flock. One wonders whether the media centre would have the temerity to issue such a statement against a Buddhist prelate or even a Sinhala Catholic Bishop? The silence of the Sinhala Catholics on matters like this is truly deafening!
With the world waking up slowly to what actually happened at Padaguthurai the GOSL was under increasing pressure. All sorts of explanations were offered. Colombo kept insisting that only a sea tiger base was hit. Then it changed position and blamed the LTTE for “any” civilians being affected. One accusation was that the civilians were brought to the area deliberately in anticipation of an air strike. Another charge was that the civilians were working as slaves of the LTTE in a tiger camp. Even Air Force chief Roshan Goonetilleke – himself a Christian like most of the victims – emphasised to the media that the air force engaged only in precision bombing based on precise information.
Meanwhile terrified Tamil civilians began moving out of some coastal areas in LTTE controlled Mannar fearing more air strikes. Around 269 people from 63 families fled from Kokkupadaiyan in the Musali AGA division of Mannar district to Pontheiyukkaandal and Neelamadhu in the Naanaattaan AGA division of Mannar district. They are now housed in a school while some are staying with friends and relatives. More dispersals of this type can be expected if indiscriminate aerial bombardment continues.
What is saddening about all this is the inability and unwillingness of the state to acknowledge that a “mistake” could have been made and that innocent civilians have indeed been victimised. Accepting that a blunder was committed and aplogising for the civilian casualties would be a worthwhile gesture. It could help alleviate the collective grief and pain felt by the survivor victims to some degree. It would also help many Tamils feel that the state is not bombing them deliberately. Instead of that the powers that be in Colombo come out with spin after spin at dizzying speed.
The plight of the civilian and the need to respect humanitarian law during times of conflict is being ignored. The LTTE too is guilty of such conduct. The LTTE treatment of Muslim civilians during the Muthur attack was brutal and horrible. The tigers also killed and injured Sinhala civilians when they fired shells on a school in Somapura.
The target was the army warehouse of military materials at the Paddy marketing storage complex. Instead of admiting the “mistake” the LTTE flatly denied that they had fired shells. Now the state is doing the same but finds itself confronted with overwhelming evidence to the contrary.
The LTTE is only a “terrorist” movement in the eyes of a large segment of world opinion. The GOSL however is”legally” responsible for the whole Country including Tamils. The real task before Colombo is not the defeat of the LTTE but the winning of the hearts and minds of the Tamil people. Incidents such as the Iluppakkadavai bombing would only alienate the state further away from the state.
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January 5th, 2007
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