Our one sided government

Recently, our friend, Dr. Ellyn Shander wrote a letter to Senator Leahy urging him to work towards bringing together the LTTE and the Sri Lankan government for peace talks. Her letter is posted below.

The response from Senator Leahy was to pass the buck to Congressman Scott Garrett of New Jersey. What Congressman Garrett demonstates is the United States' one-sided approach to the conflict, categorically ruling out working with the LTTE. Congressman Garrett fails to recognize the role the Sri Lankan Government has also played in displacement, terror and torture. Rather than point fingers, we ask that both sides put their weapons down and return as many times as is necessary to peaceful negotiations.

The United States government, obsessed with the war on terror, will find every which way to conflate terrorism abroad with terrorism at home. The hardline approach to debasing any organization like the LTTE ultimately sends the message that there will be NO negotiating. And, from the nearly 20 years of war that Sri Lanka has experienced, we know that the continued fighting has not led to any resolution or peace.

President Rajapakse has not demonstrated a serious desire to settle with the LTTE on peaceful terms. Rather, Rajapakse, like President Bush, believes that brute force will get his administration what they need. The LTTE is not backing down as the government steps up its military efforts. And let us not forget who is suffering-- those without weapons.

Furthermore, Congressman Garrett makes the flagrant mistake of assuming all Tamils -- in the US and in Sri Lanka and frankly anywhere --are suspected terrorists. The LTTE does not represent all Tamil people all over the world. The US government, again, in its ignorance, will make costly mistakes.

No doubt there is terrorism happening here in the US and there in Sri Lanka and everywhere. Historically, the State is often the one most priviledged and most likely to carry out the first blows. State-sanctioned terrorism here in the US and there in Sri Lanka, is nothing new. Yet any response to terrorism by the state is deemed unacceptable.

Read below and if it fuels the anger in you as it has in me, send Congressman Garrett a piece of your mind.

***

Congressional Records

Proceedings and debate of the 109th congress, Second Session

House of Representatives

December 8, 2006

In my time in Congress, I have had the opportunity to visit our South Asian ally, Sri Lanka. This small island nation has directly suffered both the devastating effects of the 2004 Tsunami and the continuing threat of homegrown terrorism, which has experienced a recent resurgence.

Many years before the tragic events of September 11, 2001, Sri Lanka was confronting the grim specter of suicide terrorism. In fact, many of the suicide tactics utilized by terrorists in the Middle East originated with the Tamils. Because of this and because of their ties with other international terrorist groups, the Tamils pose a threat to Americans around the globe as well.

Despite the fact that a cease-fire remains in effect, over the past year, the Liberation Tigers of Tam Eelam (LTTE) have continued to commit acts of violence against the legitimate government of Sri Lanka. The recent spate of violence began in August of last year with the assassination of Sri Lanka's Foreign Minister, Lakshman Kadirgamar. In a further attempt to damage the democratic process, the LTTE prevented the Tamil population in the Wanni region from voting in the Presidential election last November. Since the Inauguration of President Mahinda Rajapaksa, the LTTE has stepped up attacks on unarmed civilians including the use of fragmentation bombs against a bus killing 64 and injuring 80. Additionally, they have carried out assassinations of the Commander of the Sri Lanka Army and the Deputy Chief of Staff of the Army and attacked a convoy of off-duty sailors, killing 94 and injuring many more. In all of these cases, the attacks were carried out by suicide bombers.

The LTTE has cultivated a worldwide network of weapons suppliers. Here in the United States, the FBI was able to apprehend Tamil agents who attempted to purchase surface-to-air missiles in New York and Maryland. Tamil agents have been arrested here for attempting to bribe customs agents and funnel illicit funds through charities. While the Tamils continue their attempts to operate in the United States, federal authorities are vigorously investigating and prosecuting those who are recruiting support for terrorism in Sri Lanka.

The Sri Lankan government gives every indication that it is committed to a peaceful settlement to this conflict within their nation's borders. Even after an attempt on the life of Defense Secretary Rajapakse, the President's brother, the government refuses to institute an outright ban on the Tamil Tigers. Norwegian peace negotiators, who had presided over the current cease-fire agreements, continue their efforts to bring the LTTE to the peace table but, unfortunately, Tiger leader Prabhakaran has called for a full resumption of hostilities. The government is ready to except the Tigers as a peaceful political party but not as a purveyor of violence.

Sri Lanka is a beautiful nation filled with hopeful people who wish to live in peace, and I am hopeful that they will soon see a resolution to these dangerous difficulties.

Scott Garrett
Member of Congress

Below is the form letter that Dr. Shander received from Scott Garrett.

Thank you for contacting me to share your thoughts and views. In keeping with a long-standing traditional courtesy amongst Members of Congress, constituent views from outside of my legislative district are forwarded to the appropriate Representative. The address you have provided is outside of the Fifth Congressional District and I invite you to visit www.house.gov to find your Member of Congress so that you may share your thoughts with that Member.

If you believe you have received this email in error or if you wish to share your thoughts with me as well as your Representative, I ask that you contact my Washington, D.C. office at 202-225-4465.

Sincerely,
Scott Garrett
Member of Congress
5th District, New Jersey

We need to get letters to these politicians NOW

CONGRESSIONAL CAUCUS ON SRI LANKA AND SRI-LANKAN-AMERICANS – 108TH CONGRESS

If you care about what's happening in Sri Lanka and want to mobilize US politicans to help the peace process become a reality, please send a letter to the following memebers of the Congressional Caucus on Sri Lanka. This requires immediate attention. If you would like, please copy the letter below or create your own.

Dear __________,

I'm writing to request that you help to bring the Sri Lankan government and their opposition, the LTTE, back to the table for peace talks to help end the conflict in Sri Lanka that is nearly 20 years old and has cost countless lives. The United States has the ability to help bring both sides back into discussion, crucial to peace in Sri Lanka. Today, where we are at, the conflict has escalated and while the rest of the world only receives snippets of information, the reality of the daily lives of many is filled with terror, torture and displacement.

Please take this letter seriously and please work towards building a peaceful solution to the conflict in Sri Lanka.

Sincerely,

_________________________

Members

Frank Pallone - D Co-Chair (D-NJ)

Jerry Weller - R Co-Chair (R-IL)

Robert Andrews (D-NJ)

Shelley Berkley (D-NV)

Joseph Crowley (D-NY)

Lloyd Doggett (D-TX)

John Doolittle (R-CA)

Phillip English (R-PA)

Eni Faleomavaega (AS)

Scott Garrett (R-NJ)

Bart Gordon (D-TN)

Baron Hill (D-IN)

Rush Holt (D-NJ)

William Jefferson (D-LA)

Dale Kildee (D-MI)

Michael McNulty (D-NY)

Robert Menendez (D-NJ)

James Moran (D-VA)

William Pascrell (D-NJ)

Donald Payne (D-NJ)

Chris Van Hollen (D-MD)

Robert Wexler (D-FL)

Dr. Ellyn Shander sent this to me with the request to post it today. Please contact Senator Leahy's office and ask for further action on the peace talks in Sri Lanka. I post Dr. Shander's letter with some edits. For a brief history of the conflict, a better sense of Dr. Shander's work in Sri Lanka and more of her views on what needs to be done, please read her article Update: Humanitarian Catastrophe in Sri Lanka.

***

Mr. LEAHY. I want to take a moment to discuss the situation in Sri Lanka, which not long ago was one of promise after a cease fire agreement was signed in 2002 between the former government and the LTTE Tamil Tigers. The ceasefire was never perfect, but for several years negotiations on a political settlement offered a ray of hope for an end to the conflict. After April 2006, however, there was escalating violence and an increasing pattern of violations of the ceasefire agreement by both sides.

On July 20, the LTTE closed a reservoir sluice gate in an LTTE-controlled area near the eastern town of Trincomalee, cutting the water supply to about 60,000 people in government-controlled territory. In response, Sri Lankan government forces conducted air strikes over several days against LTTE positions in the area and on July 30 began a ground offensive to capture the reservoir's control point. This increase in violence contributed to the more than 800 deaths reported between January and August, including some in which large numbers of civilians were killed in flagrant violations of international law by both sides, and hundreds more combatants and civilians have died since then.

Politically motivated killings, the recruitment of child soldiers, indiscriminate raids on civilians, targeting of international aid workers, and torture in police custody are only some of the human rights abuses that have been recently committed as reported by Amnesty International and Human Rights Watch. Additionally, a looming humanitarian crisis exists as the number of Sri Lankans displaced within the country by fighting this year has passed the 200,000 mark, and an estimated 8,700 citizens have fled to India. Road, air and sea links to the Tamil population in the north have been cut, and food, water and fuel shortages are severe.

We should be deeply concerned with the collapse of the peace process and escalating violence in Sri Lanka. Although it is apparent that neither the government nor the LTTE can defeat the other militarily, nor have they demonstrated the political will to stop the fighting and resolve this conflict peacefully. A report on September 13 that the government and the LTTE have proposed new peace talks is welcome. But the Sri Lankan people have been disappointed countless times before. Several steps should be taken immediately, most importantly to prevent further harm to civilians who have suffered disproportionately.

It is critical that humanitarian aid be allowed to reach those who have been displaced, whether as a result of the conflict or the lingering effects of the December 2004 tsunami. Relief agencies need unimpeded access to the affected populations, and civilians should be allowed to leave contested areas....

[W]e should reaffirm our support for the Sri Lanka Monitoring Mission, which reports on violations of the ceasefire by both sides. A stronger monitoring presence would deter abuses, provide systematic documentation of violations, and help to address the problem of impunity that has contributed to the recurrent cycles of violence and reprisal in Sri Lanka....

The chairs of the Tokyo Donors' Conference – Japan, the European Union, Norway and the United States, need to find more effective ways to convince both sides to return to the bargaining table. There is no other way to end this conflict. The longer it takes to resume a process of good faith negotiations the more responsibility the LTTE and the government will bear for the needless deaths of innocent civilians.

Respectfully,

Dr. Ellyn Shander MD

Anton Balasingham, LTTE Negotiator, Dies

Reuters
14 December 2006

The Tamil Tigers' chief negotiator and ideologue Anton Balasingham, who marshalled the rebels through successive rounds of abortive peace talks with the Sri Lankan state, died of cancer in London on Thursday, the rebels said. Here are some key facts about him:

Balasingham was the top adviser and speech writer to reclusive Tamil Tiger rebel leader Velupillai Prabhakaran. He was chief negotiator for the rebels since 1985, when peace talks first began.

A British citizen, the 68-year-old was seen as the most acceptable face of the Tamil Tigers, willing to take risks on the possibility of a negotiated settlement to the ethnic conflict.

In June, he told an Indian television channel that the killing of former Indian prime minister Rajiv Gandhi was a "monumental historical tragedy" which the Tigers deeply regretted, although Balasingham did not explicitly admit to the killing.

In April 2002 he reached out to Sri Lanka's Muslim minority, apologising for the Tigers expelling them from the north and promising to heal the rift.

Balasingham's Australian-born wife Adele, whom he married in 1978, has been an important figure in the rebel group, acting as an aide to her husband and a trainer to women members.

He was a diabetic for more than 35 years and underwent a kidney transplant some in 1999.

Balasingham was an avid reader and a keen student of world philosophies, had works by Karl Marx to Winston Churchill on the shelves of his study and said his hobbies included feeding birds and squirrels in his garden in the London suburb of New Malden.

4,000 people displaced in eastern Sri Lanka clashes

From People's Daily Online (China)
14 December 2006

[W]eek long clashes between the Tamil Tiger rebels and the government troops have displaced over 4, 000 people in the Eastern Province of Sri Lanka, relief officials said Thursday.

The Army and the Liberation Tigers of Tamil Eelam (LTTE) rebels have been exchanging heavy artillery and mortar fire and the internally displaced have mostly come from the Sinhala majority community settlements in the eastern post district of Trincomalee.

The chief government administrative office at Kantalai in the district said nearly 2,000 families from the settlements of Somapura, Sirimangalapura, Alioluwa and Mahaweligama had found refuge at Kantalai.

The International Committee of the Red Cross (ICRC) said that they have launched action to help the civilians flee the battle zones.

The Nordic truce monitoring group, the Sri Lanka Monitoring Mission (SLMM) has been critical of both sides.

Relief workers say they have been hit with logistics problems in catering to the needs of the displaced people.

Source: Xinhua

CPA: Statement on the Introduction of the Emergency (Prevention and Prohibition of Terrorism) Regulations 2006 (12 December 2006)

The Centre for Policy Alternatives expresses its concern with respect to both the process by which the Emergency (Prevention of Terrorism and Specified Terrorist Activities)Regulations of December 2006 were introduced and with respect to their substance.CPA believes that a proper response to the introduction of these new regulations cannotbe made in isolation from the current political and constitutional context. As such, CPA calls upon the Government and all political parties represented in Parliament to revise the amendments to make them compatible with international human rights norms and the Rule of Law.

Our key concerns, in brief are:
• The wide, overbroad language of several of the regulations, which could curtail legitimate democratic activity, dissent and the autonomy of civil society groups.
• The sweeping discretionary power of the Competent Authority over the activities, inter alia of civil society organizations including those committed to human rights, national reconciliation and also over the media.
• The composition and legal standing of the Appeals Tribunal, which is a blatant violation of the principle of separation of powers and is an unconstitutional encroachment into the judicial sphere of government.
• Given the past record and the current context of a culture of impunity, the wide immunity clause (Regulation 15) that could be used to protect members of the police, armed forces and other persons who take action in good faith in terms of the proposed regulations in the discharge of their duties.

The Centre for Policy Alternatives opposes any moves to reactivate parts of the Prevention of Terrorism Act which were suspended under the terms of the Cessation of Hostilities Agreement between the Government of Sri Lanka and the LTTE in February 2002.

Our concerns are enumerated in detail below.

There remains widespread confusion as to what the decision of the Cabinet of Ministers on Wednesday 7 December actually was. While both the President and the Prime Minister made public pronouncements that the Prevention of Terrorism (Temporary Provisions) Act of 1979 was to be reintroduced, what the Government released to the public was a new set of Emergency Regulations promulgated under the Public Security Ordinance titled Emergency (Prevention of Terrorism and Specified Terrorist Activities) Regulations. Furthermore several Ministers in their public statements declared that the introduction of these new regulations was the sole decision of the Government and media reports suggest that this was also communicated to the LTTE.

While expressing grave concern at such confusion and mixed messages made by a Government with respect to subject matter that has serious consequences for human rights, the power of the State vis-a vis its citizens and good governance, and calling for urgent clarification by the Government on these matters, we wish to make the following observations. The Emergency Regulations (Prevention of Terrorism and Specified Terrorist Activities 2006) CPA is concerned at the wide, overbroad language of several of the regulations which could in addition to dealing with activities that the State could legitimately restrain or prohibit in the interests of national security and the suppression of terrorism, also curtail legitimate democratic activity, dissent and the autonomy of civil society groups. We refer in particular to wide scope of the range of activities prohibited by Regulation 2, 3 and 4, the definition of terrorism in Regulation 16 (i) and the immunity clause, Regulation 15. These provisions are overbroad, drafted in very wide language allowing for the possible criminalisation of a range of legitimate activities of civil society, and would violate constitutionally protected fundamental rights. The regulations however provide for exemptions to engage in approved transactions in certain circumstances such as the furtherance of peace and the termination of terrorism with the written permission of a Competent Authority appointed by the President. This will give the Competent Authority, sweeping discretionary power over the activities, inter alia of civil society organizations including those committed to human rights, national reconciliation and also the media. Such powers will give the Government excessive control over civil society organizations which is incompatible with the freedom of expression and association and other freedoms which are necessary for the independence and autonomy of such organizations. The dangers of these regulations are made worse by the fact that an appeal from the decision of such Presidential appointee is to be made to an Appeals Tribunal consisting entirely of Presidential appointees who hold office at the pleasure of the President, the Secretaries to the Ministries of Defence, Finance, Nation Building and Justice.

Conferring what amounts to at least quasi-judicial powers to persons in the executive branch of government is a blatant violation of the principle of separation of powers and is an unconstitutional encroachment into the judicial sphere of government. Furthermore it is fanciful to believe that a tribunal consisting of secretaries to Ministries can function as an independent appellate institution.

CPA is particularly concerned about the wide immunity clause (Regulation 15) that could be used to protect members of the police, armed forces and other persons who take action in good faith in terms of these regulations in the discharge of their duties. Given the wide ranging powers provided to the State and its officers under these regulations, the absence of independent review, the history of abuse of similar draconian legislation, including the Prevention of Terrorism Act, to stifle legitimate democratic activity and political dissent, and the culture of impunity that has developed in Sri Lanka in recent months in particular, such a clause could easily become one that promotes impunity rather than providing for immunity for bona fide actions.

The Prevention of Terrorism Act

The Centre for Policy Alternatives opposes any moves to reactivate parts of the Prevention of Terrorism Act which were suspended under the terms of the Cessation of Hostilities Agreement between the Government of Sri Lanka and the LTTE in February 2002. The PTA remains a draconian piece of legislation which is incompatible with basic international human rights norms and was introduced by the J.R. Jayewardene government in 1979 amidst widespread opposition from opposition parties and civil rights groups. It failed to curtail or suppress terrorism, was used to intimidate and harass political opponents and fostered a culture of impunity.

Conclusion

CPA believes that a proper response to the introduction of these new regulations cannot be made in isolation from the current political and constitutional context. The Government’s continuing flagrant violation of the Seventeenth Amendment to the Constitution, thereby resulting in the absence of any independent Commissions to provide for depoliticisation, independence, integrity and good governance, the serious concerns about the current state of the rule of law and the independence of the judiciary and the effectiveness of the parliamentary opposition, create a context in which many of the established constitutional and legal safeguards which act as a countervailing force when governments bestow on themselves extraordinary powers in times of national emergency, regrettably do not exist in Sri Lanka today. As such, CPA calls upon the Government and all political parties represented in Parliament to revise the amendments to address the deficiencies referred to above, to make the regulations compatible with international human rights norms and the Rule of Law.

DR. PAIKIASOTHY SARAVANAMUTTU
EXECUTIVE DIRECTOR

Statement by Civil Society Origanization on Human Rights and Humanitarian Concerns November 2006

We are deeply saddened by and condemn the assassination of TNA MP Nadarajah Raviraj on November 10 2006. Mr. Raviraj was well known and widely respected by all communities for his commitment to rights and justice, and dedicated a great deal of his time and energy to create spaces for debate and discussion on the ethnic issue and on the peace process in Sri Lanka.

His death comes on the heels of an incident in which over fifty men, women and children, all of them internally displaced persons, living in Kathiraveli in Vakarai, Batticaloa, lost their lives due to shelling by the Sri Lankan security forces, and due to delays of access to medical services, on November 8, 2006. These two incidents in a way epitomize the crisis our country is facing at present. As civil society organizations committed to the achievement of a sustainable peace through negotiations in Sri Lanka, we are gravely concerned about the present political impasse, and the deteriorating human rights and humanitarian situation in the country.

Since January 2006, we watched with horror and dismay as the figures of civilian death have reached unprecedented levels and as flagrant violations of the Ceasefire Agreement as well as of internationally accepted humanitarian and human rights norms and standards have taken place with impunity. The use of civilian as human shields, attacks on places of worship and refuge, retaliatory killings, abductions and disappearances, targeted assassinations and widespread displacement and forced resettlement have all led to a situation in which national and international actors have called for international human rights monitoring in Sri Lanka. The figures are staggering for a period of ten months: Since April 2006 over 2300 persons killed including 1038 persons for the months of September and October alone; over 200,000 displaced, over 15,000 Sri Lankan refugees in southern India and over 41 abductions reported to the Human Rights Commission in Jaffna in the month of September alone.

While cognizant of the appointment of two Presidential Commissions of Inquiry to look into various aspects of human rights violations of the past, we reiterate our firm conviction that on-going monitoring of the present situation by unbiased persons is imperative if the cycle of violence and impunity is to be brought to a halt.

Our appeal for a cessation of hostilities and for a resumption of negotiations on key issues relating to the human rights and humanitarian situation comes in the context of increased levels of violence and human rights abuse, including abductions, disappearances, killings and the continued restrictions on humanitarian access to areas of the north and east affected by the recent intensification of the conflict.

Our appeal is founded on our concerns for the rights of civilians living in the conflict-affected areas as well as of civilians of all minority communities living throughout the island. We had hoped that at the recently concluded talks in Geneva, the delegations of the Government of Sri Lanka and the LTTE would arrive at a consensus regarding the ending of hostilities and embarking on a path of negotiations that would address the human rights and humanitarian concerns that have emerged as a consequence of the ongoing hostilities. We are extremely disappointed at the results, which show that neither party has fully acknowledged the gravity of the situation on the ground.

We strongly feel that civilian protection merits priority in terms of all future negotiations.

The opening of humanitarian corridors to enable relief to reach the tens of thousands of Sri Lankans, who have been stranded because of the various restrictions on access placed by both parties to the conflict, must be the first objective in such an undertaking. Focusing on this issue as a humanitarian one rather than as a matter of political or military strategy is essential if the civilian population of the north and east is to be reassured that their safety and well-being is of paramount concern to all. As the onset of the north-east monsoon renders the sea routes to Jaffna inoperable for the next few months, the opening up of access on land will be a matter of life and death to those Sri Lankans living in the north and
east. The lifting of restrictions of travel and transport of essential items to the north and east by both parties to the conflict is another area calling for urgent attention. Not only does this constitute a flagrant violation of the freedom of movement, it also hampers the delivery of essential goods and services to communities that need them the most.

In the light of Mr. Raviraj’s request to have his remains cremated in Jaffna, the
opportunity is created for the Sri Lankan government and the LTTE to display magnanimity and statesmanship in re-opening the road to enable his funeral to take place with the dignity he well deserves.

Against a background in which since early this year, 2006, civilians have paid the heaviest price for the conflict, in terms of destruction of lives and livelihoods, and in terms of deprivation of their basic needs and rights, we urge the parties to the conflict as well as other groups engaged in acts of violence and human rights abuse to take all steps possible to cease such actions and to issue a public declaration that one has done so. In particular, we call upon them to:
- Declare a cessation of hostilities immediately;
- Guarantee access to all conflict-affected areas through the opening of humanitarian corridors;
- Accept international monitoring of the human rights and humanitarian situation

Signatories
Association of War Affected Women
Caring Hands
Centre for Human Rights and Development
Centre for Policy Alternatives
Consortium of Humanitarian Agencies
Human Care Foundation
International Centre for Ethnic Studies, Colombo
International Movement Against All Forms of Discrimination and Racism
INFORM
Kantha Shakthi Organization
Law and Society Trust
Muslim Women's Research and Action Forum
National Peace Council
Sri Lanka Women's NGO Forum
Women and Media Collective
Women’s Education and Research Centre
Viluthu

14 November 2006

Message from Sunila (INFORM) November 10, 2006: Urgent Memo regarding the situation in Vakarai/Valaichchenai

I visited Batticaloa and Valaichchenai on the 9th November 2006, along with Udaya Kalupathirana from INFORM and other colleagues from Suriya Women’s Development centre in Batticaloa.

The immediate reason for our visit were reports about the shelling of internally displaced persons in Kathiraveli, Vakarai on November 8, 2006, which had resulted in the deaths of over 40 persons and the displacement of over 500 persons to Valaichchenai.

A longer more comprehensive report will follow.

9 November 2006:

We spoke to many different individuals in both Batticaloa and Valaichchenai regarding the situation. We visited the Hospitals at Batticaloa and Valaichchenai, and two camps for IDPS from Vakarai located at the Vinayagapuram Maha Vidyalaya grounds and on the premises of the Ceylon Pentecostal Mission in Valaichchenai.

While in Batticaloa, we received a request from Valaichchenai from the family members of a woman from Kathiraveli who had died the previous night to obtain permission for them to take the body back to Kathiraveli since her husband, mother and other family members were there. We passed this request on to the ICRC in Batticaloa, which was able to facilitate the process.

On November 9, UNICEF was granted permission to enter Vakarai, taking along with them Mr. Alan Rock, the envoy of the UN Special Representative on Children and Armed Conflict, for a limited time period of three hours. The SLMM and ICRC delegates accompanied them. The people of Kathiraveli sat across the road and prevented their departure for a while saying that the shelling would start immediately the foreigners had left the area.

Description of the incident as narrated by survivors:

At about 11.30 a.m. on November 8, there was firing of at least three multi-barrel rocket shells. One of them fell on Vigneswara Maha Vidyalaya which had been used by IDPs as a camp since August 2006. Others fell on the road. Cadjans caught fire. People were killed and wounded. Those who could do so, tried to take the wounded to the army point at Mankerny to seek help. Others remained with the dead and seriously wounded. It took until 4 p.m. for the first ambulance to reach them. By that time some more people had died. About 60 persons were warded at Valaichchenai Hospital, another 35 were sent to Batticaloa. One woman died on the way.

There is a distance of about fifty kilometers from Valaichchenai to Vakarai. The distance from Valaichchenai to Mankerny can be covered in about 20 minutes, and the distance from Mankerny to Vakarai in about 30 minutes.

As narrated by those who tried to intervene:

The news of the shelling and civilian casualties reached Valaichchenai by at least 2 in the afternoon of November 8. However, the ambulances and other vehicles were not allowed to pass until 4 p.m. Only the ICRC and SLMM were granted permission by the security forces to cross the check point and enter Vakarai .

Context:

On October 6, there was a big clash between the LTTE and the security forces, when members of the Karuna faction attacked an LTTE camp in Panichankerny, near Mankerny. Since then the situation has been tense.

On October 30, there was an attack by the LTTE on the checkpoints in Mankerny and Kajuwatta. Since then UN agencies had not been able to access the area. The Divisional Secretariat had not been granted access since November 1. The army informed them that there was still fighting going on.

On November 7, according to figures at the Batticaloa GA’s office, there were 34,173
IDPs in Vakarai (Koralai Pattu North) and 6,463 IDPs in Valaichchenai (Koralai Pattu).
Of them, almost 11,000 are those displaced from Trincomalee District, with the numbers increasing dramatically from August 2006. In Valaichchenai, the majority of IDPs had been absorbed into the families of friends and relatives.

Since August 11, there had been a food convoy sent to Vakarai DS area once in two weeks with 80 metric tones of food. There was reluctance to have a buffer stock in place due to fears of it being taken over by the LTTE. There had been no food sent to Vakarai since October 31.

There was a severe shortage of drinking water. The ICRC was taking in a limited number of bowsers daily. There had been no delivery of water since November 1.

Batticaloa Hospital:

There were over 70 persons admitted with injuries due to the shelling in Kathiraveli as far as we could ascertain. Most of them were in the surgical wards; there were at least 12 boys and 20 girls among them, including about 10 children under 10 years old. The process of moving people from Valaichchenai to Batticaloa which had taken place on the night of the 8th had left them even more disoriented. There were fewer family members with them due to the distance from Valaichchenai to Batticaloa. There were several children who did not seem to have any adult taking care of them. One adolescent boy had died during the transport from Valaichchenai to Batticaloa; his body was in the mortuary at the time of our visit.

There seemed to be good attention being paid to the medical and other needs of the patients by the hospital authorities and by some NGOs.

While we were visiting the hospital at noon visiting hours, we were told by some distraught family members that four young men who had come to the Hospital to visit patients had been taken into custody by the army within the hospital premises. We were unable to investigate this further. We will follow this up.

Valaichchenai Hospital:

There were no injured persons from Kathiraveli here. The body of Ms. Thangamalar (28), who had died during the transport from Mankerny to Valaichchenai had been taken back to Kathiraveli with the assistance of the SLRC, ICRC and army.
.
Vinayagapuram School:

The figures for the camp showed that 508 persons had been resident there since the date the camp was opened on August 8, 2006 and that a further 191 persons had come into the camp on the previous day.

The IDPs were housed in tin and cadjan sheds on the sandy soil of the school grounds of Vinayagapuram Vidyalaya, about 10 minutes away from the town. A perimeter fence had been erected but the bathing spaces and toilets were located outside the fence. There was no police post anywhere close by. Several NGOs were working in the camp, among the ESCO, Survivors Associated and UMCOR were mentioned. The camp site was crowded an

The 138 families (508 persons) who had arrived in August were registered as IDPs and were receiving rations and were accommodated in small but separate units. They also cooked as separate household units.

The IDPs who had arrived on the 8th (191) were not yet registered and it seemed there was some confusion regarding this issue. They had spent the night at Vinayagapuram in accommodation which was being prepared for other Vakarai IDPs presently living at the CPM camp. This was a long room which had not yet been partitioned. They had received cooked food up to lunch on the 9th and the GS (Grama sevaka-Village officer) in charge of the camp said this would continue until the confusion regarding their final location was resolved. The exact population of the camp could not be assessed because of constant movement of people.

Several persons spoke to us regarding the security issues at the camp. Both the LTTE and the Karuna group seemed to be active in the area. During our visit, we were told that on November 2, a group of armed men had entered the camp and walked around trying to take away boys. Mothers who tried to prevent this were treated roughly, pushed and beaten. Two boys were taken away, but escaped and returned. The camp residents told us that during the day it was relatively safe because of the presence of the GS and of other NGO workers. But after 6, when all of these individuals had left the camp, they feel left at the mercy of any one of the two armed groups who decide to harass them on that evening. However, they felt that the presence of the Police or the army in the vicinity of the camp would make them even more vulnerable to attack by.

There were six women in the camp who claimed that their husbands had been taken away by the army during the transport from Mankerny to Valaichchenai on the previous day. The names were given to us as T. Sasikumar, S. Srimurugan, Thillaikumar, P. Thineshkumar, K. Somaratnam, Y. Rajeswaran. They were seeking help to locate their husbands, and had been told that they were in the Giritale Rehabilitation Camp and may be moved to Kandy. The ICRC had been informed of this incident. We could not verify this information.

There were also over 12 persons, mostly women, who had come to Valaichchenai town for shopping on November 2, as a part of their normal routine. When they tried to return, the army refused permission. They do not know what has happened to their families and are desperate to return. They have been accommodated at Vinayagapuram camp.

Ceylon Pentecostal Mission Camp:

This camp was opened on August 18, 2006, to meet the demand for accommodation of IDPs from Vakarai area.

There are 508 families at present, and an additional 150 families had come in on November 8 and 9. There were some people who had arrived on the 9th afternoon. This was a group who had been petitioning the army and other authorities to allow them to return to Kathiraveli since their other family members were there. However, this attempt was unsuccessful and they had come to the camp. In this camp there were also some people who had come by sea from Vakarai to Valaichchenai.

This location is extremely overcrowded. However attempts to relocate these persons at Vinayagapuram Vidyalaya camp, as proposed by the DS, has failed due to the reluctance of people to go there. The primary reason given was that of insecurity.

There were many tragic stories here. One woman had left behind the dead body of her husband in Kathiraveli in order to bring her injured child to the hospital. Another injured man had been living in this camp since August and had gone back to Kathiraveli to check up on the status of his house when he was caught to the shelling. Many families had been separated because of the incident, and several persons spoke to us of their desire to return to Kathiraveli since there were family members there. However, the army was not allowing them to do so.


Critical issues:

Security:


1. The conversations we had with people in both Batticaloa and Valaichchenai made it very clear that since Wednesday November 1, there had been restrictions on access to Vakarai. Some people interpreted this as a preparatory step to the shelling of November 8. Many expressed fears that this incident would pave the way for an all-out offensive in the Vakarai area which would result in massive destruction and loss of life due to the presence of a large number of IDPs in the area. There are presently almost 35,000 IDPs and civilians from the area trapped between the LTTE-controlled areas in Vakarai and the government-controlled areas in Mankerny.

Security and humanitarian concerns of people living in the Vakarai DS Division need to be handled with care and sensitivity to ensure that it does not result in further death, destruction and alienation of Tamil civilians from the government and from the Sinhala people.

2. There is a need to undertake a serious re-assessment of the security situation in the camp at Vinayagapuram Vidyalaya in Valaichchenai.

In the months of September and October 2006, 3 persons were killed in very close proximity to the camp and other killings and abductions take place all around. While the camp is physically close to the town, a 10 minute distance away, it is located in a neighbourhood which is known to be supportive of the LTTE, according to our informants. Thus the camp residents were vulnerable to attack by LTTE looking for supporters of the Karuna faction, as well as by Karuna faction and the security forces looking for the LTTE.

Although the camp has been in this location since August and many concerns have been voiced regarding the insecurity of the residents, nothing has been done regarding relocation due to the understanding among government officials that these IDPs are ‘temporary’ and will soon return to Vakarai.





Incomplete listing of incidents of violence in and around Valaichchenaiin September and October 2006:

September:

05: 2 women killed in artillery attack by army at Verugal on Trincomalee-Batticaloa border; TKK

Subramaniam Mahendrarajah (45), lorry driver of Multi Purpose Cooperative Society Echchilampattu, Mutur East, Tamil, male, killed in bomb blast at Vaharai – Kathiraveli in Batticaloa; 2 others injured; VK

07: Kanapathipillai Satyakumaran (25), Tamil, male, shot and killed at Vinayagapuram, Batticaloa; Note saying ‘Death for traitors’ by Ellalan Padai found near the body; VK

09: Selvanayagam Suthakaran (24) and Kannappan Viji (26) of Karuvankerny, Tamil males, suspected LTTE cadre, shot and killed at Valaichenai; VK

13: Vinayagamoorthy Gunawardanamoorthy, Tamil, male, shot and killed by Army while throwing a grenade at Vinayagapuram, Valaichchenai; VK; TK

14: Daniel Vasantharajah (28), Tamil, male, shot and killed at Karuvankerny, Valaichenai; VK

16: 1 civilian shot and killed by the forces at Nasivantheevu, Valaichchenai, Batticaloa, after a shooting incident; VK

20: Mylvaganam Kokilan (23), Tamil, male, shot and killed at Kannagipuram, Valaichchenai; VK

21: Sinnathurai Rajendra Yaso (33), Tamil, female, shot and killed at Veerayadipillaiyar Veethy, Valaichchenai; VK

October:

06: 22 LTTE cadre killed in clash between LTTE and the security forces at Mankerny -Panichchankerny area in Batticaloa; VK

LTTE camp attacked by Karuna faction in Panichchankerny, near Mankerny; estimated that 40 LTTE cadre were killed and over 70 were injured; 8 members of the Karuna group were killed and 15 injured; members of the armed forces also died.

12: Body of Balasubramaniam Sudakar (23), Tamil, male, found with gunshot wounds at Vinayagapuram, Valaichchenai; he had been abducted on the previous day; VK

28: Ranjan Thevan (22), Tamil, male, shot and killed at Nasivantivu, Batticaloa; Police identified him as a member of the LTTE; VK

Notes on Tsunami Reconstruction from Supriya's February 2006 Visit

We pass an area of transitional housing. A year later and people are still living in transitional housing with no plan of moving them to permanent housing. These are nothing more than shacks and tents, unliveable, really. And, these stretch on for miles, side by side with the rubble and devastation. It reminds me of my time in Sierra Leone, but then I remember this was a tsunami that caused this and not bombs. Occasionally, there are placards where an organization or group of people came to construct a home. Signs that read “Danish Village”, “Spanish Village”, “Swedish Village” built by funds from those countries. I had heard over and over again from friends in Sri Lanka that they were tired of this “branding”. Imagine you lived in a village and now it is called the “Irish Village”. Imagine what that does to your sense of dignity.

We come across an area that looks like it must be some sort of makeshift school. Indeed, Sunila says, it is. What do you do when the school isn’t really a standing structure and so many of the students and teachers have died? But, the kids I do see on Wednesday, are in uniform. Why? I ask. Sunila tells me the government has asked them to go back to school, to give the impression that life is moving on. But, Sunila asks, how can they go to school? Look at all this trauma they’ve experienced, look at the lack of infrastructure, there are no teachers! The children all look to me to be sitting around doing very little of much and in my cursory glance, it seems like they are waiting for class to begin. Waiting and waiting.

We pass an area where the road divides the sea from a lagoon. Nearby there are rail way tracks. Here some 3000 people were swept off the train tracks during their commute. Bodies from the sea washed into the lagoon. Sunila says that the lagoon hasn’t been properly dredged and they imagine that there are still bodies there.

We pass a mural done by some children. The parts written in Sinhala, Sunila tells me, tell of how the sea ravaged their lives. And then in English it says, “but we love the sea! You are our friend.”

There are black drums of water provided by the Red Cross. The water is not potable and the salinity levels in the ground mean it will stay that way for years.

Just a bit of background on Galle. During the late 80’s and through the 90’s Sunila tells me these were the worst times for human rights abuses. In the South, young men were systematically disappeared. Well, as Sunila points out, they weren’t typical disappearances because bodies were found, just not always identified. Bodies piled up by the side the road and set afire. Udaya told me earlier that he stopped going to university because of the disappearances/killings. Now, things have changed and Galle is no longer as hot as it once was… the disappearances have stopped. While we are in Galle to meet with the Creative Arts Center, colleagues of INFORM’s, the work they do demonstrates the juxtaposition of the war on the devastation of the tsunami. The offices of CAC are not far from transitional housing. All the CAC members that I meet have been affected by the tsunami. What strikes me most, Ravindra, Faisal and Farhana are so young! They’re all around 23 years old. Ravindra is a young Sinhala boy and Faisal and Farhana are young muslim girls. Sunila points out that it took so much courage for the girls to do the work of helping after the tsunami because their families disapproved.

Wednesday, February 22 marked the 4 year anniversary of the ceasefire agreement between the LTTE and the government. Today, we were here in Galle to support a peace rally. Given the history of Galle, this was an important place to have this peace rally. Moreover, Sunila tells me Galle is now a Sinhala, nationalist part of the country. All the more reason to ask for peace here. But, peace is threatening—so threatening that Ravindra is frantically calling around to confirm speakers, some of whom were too scared to get up and speak for peace publicly.

We march together with communities from areas around Galle into the town hall. Why is peace so threatening? As I’m observing this rally, I am beginning to get a glimpse into Sunila’s life and what she stands for. These people love her. She means someone who is committed to them and committed to peace. Peace threatens the Sinhala nationalists and the staunch LTTE because it means putting down weapons, it means accepting to agree. For this, Sunila’s life, members of her family’s lives have been threatened and friends have been killed.

We drive back in the evening and Sunila shares with me just how difficult it has been coming back to Galle. Her memories are vivid. She shares with me how she coped, the stories she told friends outside of Sri Lanka. The one that stays with me most vibrantly is this: women were most disproportionately affected by the tsunami. More women died, for cultural and social reasons and it can really make you angry. She told me of women hanging from trees because their long hair got caught, women’s bodies wrapped around barbed wire fences because their petticoats snarled in them.

(Sunila Abeysekera far left).