Font size: 
Sri Lanka’s failure to be elected for a second term, despite an aggressive campaign to seek re-election, is an indication of a grave human rights situation that is not being dealt with in a constructive manner. The government immediately blamed the international and national human rights lobbies for this defeat.
While the government cannot be happy with this reversal, it can be seen constructively as a wakeup call to improve the situation on the ground. Otherwise greater costs may be inflicted on the country in the future owing to its inability to maintain internationally acceptable standards of human rights.
Further threats lie ahead that could adversely affect the country’s international position. Chief among these is the possible removal of Sri Lanka from the General System of Preferences that gives the country exemptions from significant tariffs for trade with the European Union, which is Sri Lanka's largest trading partner. Losing these benefits would worsen an already critical economic situation, which has brought drastic increases in fuel, electricity and food costs.
Every Sri Lankan therefore has many reasons to be concerned about the government failing to live up to its commitment to improve the human rights situation in the country.
On the other hand, the government has put in place a top-level team to argue the government’s case, including its Human Rights Minister and its foreign affairs officials who have been performing yeoman service by arguing and denying charges of human rights violations on behalf of the government. The problem for the government, however, is the message emanating from the situation on the ground, which appears to be steadily getting worse, not better.
There is a proliferation of small arms, due to former militant groups in the democratic process being permitted to carry arms and the distribution of arms to civilians to provide security for communities. These measures are likely to lead to extreme militarization, which will ultimately lead to a total collapse of the rule of law, from which Sri Lanka will find it extremely difficult to extricate itself.
There are reports virtually every day of serious human rights violations related to the killing and abduction of civilians. Worse still, there is intimidation of an entire society, which fears to speak out against the powers-that-be.
One such case that has been reported is the abduction of Weerakutty Chandralingam of Batticaloa, who was abducted by men in a white van in Colombo, one of whom wore a police uniform. According to a complaint made by Sinnathamby Spiritheyon, director of the Eastern Self Reliant Community Awakening Organization, he had come along with members of the group from Batticaloa and been their driver. He was assaulted in their presence and taken away on May 15. He is now missing and all efforts on the part of his colleagues to trace his whereabouts have failed.
The need for an international human rights monitoring mechanism, which some sectors of national and international society have been calling for, stems from this lack of credible authorities to appeal to, and fact-finding mechanisms to verify the truth or otherwise of rumors that are spreading throughout society. Due to this lacuna, people tend to rely on rumor and hearsay, and are fearful of the powers-that-be, both in the government and LTTE-controlled parts of the country. There would be no need for any international human rights mechanism if the national mechanisms were permitted to work in the manner they are meant to.
There has been much publicity given to the abduction and torture of senior journalist Keith Noyahr. Ironically, he was abducted outside his home at dead of night the day after Sri Lanka found itself voted out of the U.N. Human Rights Council. Fortunately, in his specific case, it appears that a direct appeal for presidential intervention was effective, and the journalist was released.
While it is a relief that in some cases there is someone to appeal to, there is a general sense of helplessness in the face of human rights abuses. This is illustrated in the case of Weerakutty Chandralingam, who continues to remain missing. Visiting U.S. deputy secretary for human rights and labor, Erica Barks-Ruggles, said, “Sri Lanka has the necessary institutional framework in place, but it needs to empower its institutions to carry out their work effectively.”
Unfortunately, the president’s reluctance to implement the 17th Amendment to the Constitution, which was passed unanimously by Parliament in 2001, has crippled the independence and integrity of the institutions of state that provide the necessary checks and balances in any society. If implemented properly, the 17th Amendment would ensure that the police, judiciary, public service, Elections Commission and Human Rights Commission were led by persons selected jointly by the government and the opposition, and in whom the rest of society could have confidence.
At present, the president is appointing persons in whom he has confidence to those institutions of state, which is not sufficient to restore society’s confidence in them. The time for rethinking and a fresh approach is at hand.
--
(Dr. Jehan Perera is executive director of the National Peace Council of Sri Lanka, an independent advocacy organization. He studied economics at Harvard College and holds a doctorate in law from Harvard Law School. ©Copyright Jehan Perera.)
