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August 2004

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PSG CALLS FOR STRENGTHENING OF HUMAN RIGHTS AND RESPECT FOR HUMANITARIAN STANDARDS


The Peace Support Group is deeply concerned by the continuing cycle of killings, violence and counter-violence that is fast taking our country backwards into an era of lawlessness and widespread human rights abuses.

Over 40 people in the North and East have been assassinated in the four months from April to July 2004 as a consequence of their political affiliation. There may be many more whose names and deaths have gone unrecorded. In addition, this number does not reflect those from the two contending factions of the LTTE who were killed in battle during the fierce fighting in Vakarai in early May and in and around Thoppigala jungles in mid-June.

Among the names available to us are members of the LTTE, members of the LTTE breakaway group led by 'Karuna', members of the EPDP, and members of the intelligence units of the security forces. Tragically, those killed also include elected officials such as the Chairperson of the Alayadivembu Pradesheeya Sabha, V. Ravindran, public officials such as K. Sivarasa, Grama Sevaka of Karadiyanaru, academics such as Prof. K. Thambiah, Head of the Economics Department of the Eastern University and media persons such as G. Nadesan, journalist and broadcaster.

In July, the tensions also manifested in the south, with the attempted assassination of Minister and EPDP leader Douglas Devananda on July 7 that saw four Police officers and the suicide bomber herself killed while over twenty others in the Kollupitiya (Colombo 3) Police Station at the time of the explosion were injured. On July 24, 8 youths alleged to be Karuna supporters were murdered as they slept in Kottawa and on July 31, former PLOTE member Kandiah Yogarasa (Mohan) was assassinated on the streets of a very residential part of Colombo in broad daylight.

We strongly feel that these killings constitute a gross violation of the right of all Sri Lankans to hold and express a political opinion, and to live free of violence and intimidation.

We are very clear in our understanding that these assassinations reflect the growing deterioration of respect for human rights and democratic processes in Sri Lanka. They have a grave impact on the peace process and on the continuation of the Ceasefire Agreement, and in fact constitute a violation of the terms of the CFA. Both the Sri Lankan Monitoring Mission that oversees the implementation of the Ceasefire as well as the Deputy Foreign Minister of Norway during his recent visit to the island have expressed concern regarding the situation in terms of its negative consequences for the peace process. Amnesty International and Human Rights Watch issued a joint Statement on July 27 expressing their grave concern regarding the deterioration of the situation in the East.

In this context, we note with concern a reluctance on the part of all concerned within the country, the government of Sri Lanka and the LTTE, as well as the international community as a whole, to address these incidents as human rights abuses.

In addition, we note with concern that allegations of military involvement in certain incidents have not been dealt with any degree of transparency and accountability by the authorities. While security considerations and the need to maintain some degree of secrecy over the present peace process can be taken into account in some instances, the government must see that the perception of collaboration between the army and armed groups that violate the Ceasefire Agreement pose a threat to the peace process.

The fact that all the killings take place in public spaces such as the road, bus stands, and markets, in prison where inmates are under the custodial protection of the state, even at religious festivals has meant that they instill a high sense of fear among ordinary civilians as they go about their day to day life. In addition, the slowness to acknowledge that there is a real crisis in the law and order situation in the east creates an environment of impunity with which we are grimly familiar.

There is almost no public condemnation of these killings coming from civil society whether in the south or in the north and east. This in turn sends a clear message to all those responsible for this spate of killings that they may strike again and again with no fear of punishment within the law. The killings, we are told, have been carried out by 'unidentified' gunmen. In most of the cases, Police have not made any arrests. Nor are they conducting investigations in a manner that could satisfy the public that the law and order situation is under control, and that the police are carrying out their task of law enforcement without prejudice.

This situation could lead to a very grave breakdown of law and order as well as a serious erosion of people's confidence in the ability of the law enforcement mechanisms to protect ordinary citizens of this country. In addition, it leads to a lack of confidence in the political leadership of Sri Lanka to be able to resolve crises within a democratic framework and through the processes of consensus building and negotiation that we have valued so highly as we endeavour to emerge from the ethnic conflict.

In these circumstances:

1. We appeal to the government and the LTTE, as signatories to the CFA, to take immediate steps to initiate discussions among the law enforcement agencies operating in their areas regarding the obstacles to pursuing investigations into these killings which have taken place in both LTTE controlled areas as well as in government controlled areas.

2. We ask for a public affirmation of the commitment by the two parties to the CFA that they will respect minimum humanitarian standards, as contained in Article 3 common to the four Geneva Conventions of 1949, that prohibit violence to life and person, the taking of hostages and summary executions of those not actively engaged in the conflict.

3. We call on the international community to support an initiative to send out a high level fact finding team consisting of representatives of the four Co-Chairs of the Tokyo Conference and with the participation of Ian Martin, the Human Rights Advisor to the peace process, to work in close collaboration with the Peace Secretariat in Colombo and with the newly created NorthEast Secretariat on Human Rights in Kilinochchi.

This becomes necessary because the Sri Lanka Monitoring Mission, in its recent statements, has indicated its inability to pursue investigations regarding these killings.

4. We also call on the international and national agencies working in the North and East to explore possibilities of establishing human rights monitoring mechanisms at the local and community level with the participation of international and local monitors using personnel and structures that could be agreed upon with the Peace Secretariats in Colombo and in Kilinochchi.

Signatories:

Sunila Abeysekera (sgn)
Sunanda Deshapriya (sgn)
Rohan Edrisinha (sgn)
Kethesh Loganathan (sgn)
Jehan Perera (sgn)
Paikiasothy Saravanamuttu (sgn)
Jeevan Thiagarajah (sgn)
Joe William (sgn)
Javid Yusuf (sgn)

10th August 2004


All Peace Support Group (PSG) statements could be accessed at: www.cpalanka.org/psg/psg.html


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