Sri Lanka
Recent Conflict
Sri Lanka experienced a civil war for over 25 years spurred by ethnic tensions which surfaced between the majority Sinhalese and minority Tamil ethnic groups after the nation’s independence from British rule in 1948. These tensions and competing nationalisms centered around political power, minority rights and economic opportunities.
This ethnic war, which developed and gained momentum from the 1970s as a result of Tamil claims for self-determination and national identity, was mainly between the Government of Sri Lanka (GoSL) and the Liberation Tigers of Tamil Eelam (LTTE), fighting to establish a separate state in the northern and eastern provinces. The Muslims, the second largest minority group, were also caught up in the bloody conflict. Both sides were responsible for severe violations of human rights. Civilians, not just combatants, suffered terribly during the war. The LTTE was listed by many governments as a terrorist organisation.
On May 19, 2009 President Mahinda Rajapakse declared the end of the insurgency with the military defeat of the LTTE and the death of LTTE leader Velupillai Prabhakaran. In the final months of the conflict Sri Lankan Government military trapped the last LTTE forces, along with more than 200,000 civilians, in a shrinking coastal strip of land near Mullaittivu in north-east Sri Lanka. This gridlock stopped the delivery of adequate food, medical, shelter and other supplies to the civilians trapped amidst the fighting.
The Sri Lankan Government resisted international calls for a humanitarian pause, allowing access for aid groups to deliver essential relief to trapped and injured. The Government demanded the LTTE surrender. The Sri Lankan Government insisted it was conducting a humanitarian operation to free civilians being used as “human shields” by the LTTE. The Government did breach LTTE enclosures allowing over 110,000 civilians to escape the war zone in late April 2009. An estimated 50,000 civilians still remained trapped.
The United Nations estimated that more than 7,000 civilians were killed and another 14,000 wounded in the fighting in Sri Lanka in the first four months of 2009.
There have been accusations of war crimes by both sides, including the LTTE using civilians as “human shields” and killing many seeking to flee forced conscription, including children. Government forces were accused of using heavy artillery to shell areas known to contain civilians.
However, on May 27 a majority in the UN Human Rights Council rejected the call of the UN High Commissioner for Human Rights, Ms Navi Pillay, for an independent international investigation into violations of international human rights and humanitarian law during the recent fighting, including by those specifically responsible. Non-government organisation and other pressure continues for an inquiry in the interests of avoiding impunity for war crimes, truth telling and action to assist reconciliation in Sri Lanka and to avoid the repeat of abuses in other conflicts.
A massive humanitarian and human rights challenge exists in the aftermath of the fighting. About 260,000 people are confined in overcrowded internally displaced people (IDP) camps in northern Sri Lanka with immediate need for adequate food, water, sanitation and non-food items. On average, 12 people are living in tents meant to house 4 people. This overcrowding, along with the north-east monsoon rains, mainly falling during October to December means that there could be serious risks of diseases such as cholera, typhoid and dysentery despite Government efforts in August to improve camp preparedness following some flooding.
The United Nations and non-government organisations argue for greater adherence to international standards, with freer access to provide better services to the IDPs in the camps. Other issues that must be negotiated with the Sri Lankan Government are freedom of movement, host family options, the role of the military in the administration of the camps, the screening process to identify former LTTE combatants, tracing and reuniting of separated family members, greater privacy and ability of NGO staff to speak with IDPs about their needs so IDPs can have an active role in shaping the services for their survival.
It is important that the Sri Lankan Government meets its commitment in the May 21, 2009 Indo-Lanka Joint Statement to dismantle the IDP camps, called “welfare villages”, and adhere to a 180 day plan to resettle the bulk of IDPs, initially indicated by the government as 80% but since reduced, to their homes. Security fears and considerations have heavy priority in the Government’s dealing with IDP return and resettlement timetables and so longer confinement of most of the IDPs is a likely outcome.
