SPECIAL REPORT : Part 398
By Shamindra Ferdinando
Civil society activists are sharply divided over their strategy to deal with the government. The majority of them have found fault with the Sri Lankan Collective for Consensus (SLCC) for undermining the overall civil society strategy by entering into a high profile dialogue with the government.
The Sri Lanka Civil Society Forum (SLCSF) in particular is disappointed over the way the SLCC handled contentious issues. The outfit is concerned that the government would take advantage of the ongoing dialogue with the SLCC thereby cause irreparable damage to achieving a post-war national reconciliation on their terms.
The issues at hand, in the eyes of SLCSF, are curbs on civil society, enactment of the 20th Amendment, continuing use of the Prevention of Terrorism Act (PTA), threats on social justice activists and media, transitional justice, enforced disappearances, arbitrary use of quarantine regulations, inordinate delay in a political settlement to the national problem, delay in proper investigations into 2019 Easter Sunday attacks and the delay related to introducing reforms to the Muslim Marriage and Divorce Act.
The SLCSF consists of 30 organisations, including Families of the Disappeared, Centre for Policy Alternatives, IMADR- Asia Committee, Right to Life Human Rights Centre, Women and Media Collective, Rights Now for Collective Democracy, Centre for Society and Religion, Women’s Action Network, Mothers and Daughters of Lanka, Centre for Women and Development – Jaffna, Law and Society Trust, AHAM Humanitarian Resource Center (AHRC), Trincomalee, Rural Development Foundation, Institute for Social Development, Janawabodha Kendraya, Web Journalist Association of Sri Lanka, Eastern Social Development Foundation, Human Elevation Organisation, National Fisheries Solidarity Movement, National Fisher Women’s Federation, Mannar Women’s Development Federation, Malarum Mottukal Women’s Collective, Alliance for Minorities, Rule of Law Forum, Food First Information and Action Network – Sri Lanka, International Centre for Ethnic Studies, Mannar Social and Economic Development Organisation, Citizens Committee Human Rights Centre – Gampaha, Sri Vimukthi Fisher Women Organization and Centre for Human Rights and Development.
The live wires in the SLCSF are Dr. Paikiasothy Saravanamuttu, Dr. Gehan Gunatilleke, Dr. Nimalka Fernando, Dr. Mario Gomez, Dr. Sakunthala Kadirgamar, Rev. Rohan de Silva, Britto Fernando, K. S. Ratnavale, Ms. Shreen Saroor, Ms. Ambika Sathkunanathan, Philip Dissanayake, Ms. Kumudhini Samuel, Godfrey Yogarajah, Prabodha Ratnayake, Ameer Faaiz, Thilak Kariyawasam, Ms Saroja Sivachandran, Aruna Shantha Nonis, Ms Bhavani Fonseka, Ruki Fernando, Periyasami Muthulingam, Gowthaman Balachandran, Sudarshana Gunawardana, Freddy Gamage, Abdul Ramees, Ms Sumika Perera, Ms Marreen Srinika Nilasini, Asanka Abeyrathna, Ms Mahaluxmy Kurushanthan, Herman Kumara, Jehan Jegatheesan, Yartan Figurado, Shantha Pathirana, Ms A.D. Rajani, Ms M. Kusum Silva and Vinoth Anthony.
However, some of those who represented the SLCSF, in a statement issued recently, strongly criticised the SLCC. Inquiries revealed that statement hadn’t been issued as the SLCSF but signified a major rift among civil society groups since the last presidential election in Nov 2019. The media received that statement from Ambika Sathkunanathan, former outspoken member of the Human Rights Commission (HRC). She resigned from the HRC in early March 2020. Her resignation fueled speculation that she would campaign for the Tamil National Alliance (TNA) at the general election scheduled for April 2020 but later postponed to August 2020. When one Chanaka Dissanayake tweeted on January 9, 2021 that Sathkunanathan exposed HRC being biased by throwing her weight behind the TNA campaign, she tweeted: “after I resigned from HRCSL, was asked to contest by TNA & refused. Was on National List but never campaigned for TNA. Was never part of or participated in their election or any other campaign. Pls fact check. Care to comment on current Chair-HRCSL being a politician? She was referring to Dr. Jagath Balasuriya, formerly of the SLFP parliamentary group being appointed HRCSL Chairman by President Gotabaya Rajapaksa.
In spite of severe criticism, the SLCC, spearheaded by Dr. Jehan Perera, one-time darling of the Norwegians, has sustained the project and seems to be confident in continuing with the effort. Foreign Minister Prof. G.L. Peiris recently addressed a conference, organised by the National Peace Council (NPC), the leading element in the SLCC. The Foreign Minister and the Sri Lanka Podujana Peremuna (SLPP) Chairman’s participation at the event, organised on the theme of ‘Plural Sri Lanka: Paths to Reconciliation’ underscored the government appreciation of that particular civil society grouping.
It would be pertinent to mention that both Prof. Peiris and UN Human Rights Commissioner Michelle Bachelet referred to President Gotabaya Rajapaksa’s government entering into a dialogue at the March 2021 Geneva sessions. The government seems somewhat comfortable in having a continuous dialogue with at least a section of the civil society as part of overall efforts to appease Western powers.
Unfortunately, the incumbent administration has conveniently forgotten the dire need to contradict an accountability resolution co-sponsored by the yahapalana government in Oct 2015. That contentious resolution based on unsubstantiated allegations resulted in strictures.
Western powers insulted the war-winning Sri Lanka Army by refusing to accept retired military officers as Ambassadors or High Commissioners, denied visas to serving and retired officers, and the US named Army Chief General Shavendra Silva as a war criminal.
The government seems unaware that the NPC has absolutely no interest in genuine reconciliation. Perhaps the government does not care to set the record straight. Beset by a range of simmering political and economic issues, the government appeared to have placed the accountability issue on the back burner. If the NPC is genuine in its efforts, it would have certainly made a bid to reconcile the communities by helping the government to establish the truth.
The writer was not surprised when NPC acknowledged that war-related matters hadn’t been discussed at the nearly two-year-long reconciliation project that brought together students from Eastern, Jaffna, Ruhuna and Sabaragamuwa Universities.
Pointing out those post-war reconciliation efforts had been badly hampered by allegations that the Sri Lankan military killed over 40,000 civilians on the Vanni east front, The Island sought clarification as regards measures taken by the NPC to improve relations among the communities, and the following question was raised:
The Island: During your two-year long project did participants discuss specific war crimes allegations and disclosure made in the House of Lords in Oct 2017 that contradicted unsubstantiated accusations pertaining to 40,000 civilian deaths.
Executive Director NPC Dr. Jehan Perera: “No, we did not discuss these war-related matters. The project was titled “Creative Youth Engagement for Pluralism” and it focused on the nature of Sri Lanka as a plural society and the value framework that should guide it.
It would be a grave mistake on the government’s part to believe the SLCC would assist Sri Lanka counter lies. Dr. Perera was quite close to the yahapalana administration, the late Mangala Samaraweera accommodated him on the Sri Lanka delegation to Geneva sessions in March 2018. There hadn’t been a previous instance of civil society representing the government in Geneva.
Regrettably, the incumbent government for some unexplained reason, continues, to refrain from making a proper response on behalf of the war-winning armed forces in Geneva. Information (Gash papers) provided by Lord Naseby that may help Sri Lanka to challenge lies remain unused. The British Conservative Lord, a true friend of Sri Lanka, made them available to us in late 2017.
Whatever the differences among the civil society members, they would never under any circumstances help Sri Lanka to counter war crimes accusations. Those who receive foreign funding and sponsorships cannot help the Sri Lankan military clear its name. They have to dance to the tune of their Western pay masters. The government will realise its folly at the next Geneva session in March 2022.
Field Marshal Sarath Fonseka alleged in Parliament recently that modern-day Mahawamsa chroniclers had done a grave injustice to those who led the fight, with their poor recording of Eelam War IV. Sri Lanka’s failure to counter Western strategy should be examined taking into consideration the war winning Army Chief’s accusation.
SLCC under fire
A statement issued by Ambika Sathkunanathan, on behalf of a group of individuals, dealt with a statement, dated Nov 29, put out by the SLCC following consultations with the government. The statement condemned the government-SLCC dialogue on the PTA. Dismissing proposals meant to reform the PTA, the group called for repeal of the PTA and in the interim an immediate moratorium on the use of the law.
The group reiterated that any law that purports to deal with terrorism must adhere to international human rights standards. The following are the signatories to the statement issued by Sathkunanathan: S. Annalaxumy, Bisliya Bhutto, S.C.C. Elankovan, A.M. Faaiz, Brito Fernando, Nimalka Fernando, Ruki Fernando, Aneesa Firthous, Amarasingham Gajenthiran, T.Gangeswary, K. Ginogini, Ranitha Gnanarajah, B. Gowthaman, S. Hayakirivan, V. Inthrani, Noorul Ismiya, Dr. Sakuntala Kadirgamar, S. Kamalakanthan, Mahaluxmy Kurushanthan, Kandumani Lavakusarasa, Jensila Majeed, Buhary Mohamed, Juwairiya Mohideen, Jaabir Raazi Muhammadh, P. Muthulingam, Thangaraja Prashanthiran, Dorin Rajani, Maithreyi Rajasingham, A.R.A. Ramees, V. Ranjana, K.S. Ratnavale, Yamini Ravindran, Kumudini Samuel, Thurainayagam Sanjeevan, Shreen Saroor, Ambika Satkunanathan, Rev. Fr. S.D.P. Selvan, S. Selvaranie, Vanie Simon, P.N. Singham, Usha Sivakumar, N. Sumanthi, Vani Sutha, Ermiza Tegal, S. Thileepan, P. Vasanthagowrey, Rev. Fr. Yogeswaran, Adayalam Centre for Policy Research Alliance for Minorities, Centre for Human Rights and Development Centre for Justice and Change, Eastern Social Development Foundation, Families of the Disappeared, Forum for Plural Democracy, Law and Society Trust, Mannar Women’s Development Federation, Rural Development Foundation, Tamil Civil Society Forum, Viluthu, and Women’s Action Network.
Some sections of the civil society feel the SLCC’s dialogue with the government can be exploited by the latter. They question the incumbent government’s sincerity as tangible measures haven’t been taken to address the grievances of the minorities. The SLCC comprises Ven. Kalupahana Piyaratana Thera – Convenor, Inter Religious Alliance for National Unity, Chairman, Human Development Edification Centre, Bishop Asiri Perera – Retired President Bishop of Methodist Church, Rev. Fr. C.G. Jeyakumar – Parish Priest Ilavalai and Lecturer at the Jaffna Major Seminary, Human Rights Activist, Dr. Joe William – Founder member and Chairman of National Peace Council, Director, Centre for Communication Training and Convenor, Alliance for Justice, Prof. T. Jayasingam – Director NPC, former Vice Chancellor of Eastern University and former member, Public Service Commission of the Eastern Provincial Council, Prof. Kalinga Tudor Silva – Professor Emeritus Dept of Sociology, University of Peradeniya, Dr. Dayani Panagoda – Social Activist, former director of Secretariat for Coordinating the Peace Process and Lecturer, former member of the Official Languages Commission, Ms. Visaka Dharmadasa – Peace Activist, Chair of Association of War Affected Women, Dr. Jehan Perera – Founder member and Executive Director of NPC, Dr. P. Saravanamuttu – Founder Executive Director, Centre for Policy Alternatives, Hilmy Ahamed – Vice President Muslim Council of Sri Lanka, Sanjeewa Wimalagunarathna – Former director of Secretariat for Coordinating Reconciliation Mechanisms, Rohana Hettiarachchi – Executive Director PAFFREL, Javid Yusuf – Former Ambassador to Saudi Arabia, former member of Human Rights Commission, former member, Constitutional Council, former principal, Zahira College and Founder member and Governing Council member, NPC, Varnakulasingham Kamaladas- President STA solidarity foundation, Convenor, Assembly of Hindus for Peace and Harmony, and Ms. Sarah Arumugam – Human Rights Lawyer (This list was made available by Dr. Perera in response to the writer’s request)
Focus on post-Easter Sunday attacks
A second statement issued by Ambika Sathkunanathan on behalf of smaller group of activists namely Radhika Coomaraswamy, Nimalka Fernando, Sakuntala Kadirgamar, Chulani Kodikara, Rehab Mamoor, Yamini Ravindran, Thyagi Ruwanpathirana, Kumudini Samuel, Shreen Saroor, Ambika Satkunanathan and Muqaddasa Wahid following a two-day visit to Batticaloa dealt with the difficulties experienced by those affected by the Easter Sunday carnage. The National Thowheed Jamaat (NTJ) targeted a church in Batticaloa.
The statement focused on the continued challenges faced by the Christian community in exercising their right to practice their faith freely and without fear. The group blamed the situation on both extra-legal state interference, as well as social discrimination by the Hindu community and the Catholic Church. The group stated: “Christian pastors highlighted the phenomenon of Hindu groups that propagate Hindutva-like ideologies and have affiliations to the Shiv Sena in India, targeting the Christian community.
Other forms of discrimination, marginalisation and harassment of the Christian community include denial of permission to establish places of worship, preventing them from using the public cemetery, denying their children admission to national schools, interruption of prayer meetings, including through the use of violence, and perpetration of violence against pastors. We were informed that complaints to the police often have no impact as the police do not take any action. The security agencies reportedly visit churches and request information about congregants, supposedly to ensure that those who are not part of the congregation are not allowed to enter the churches. The pastors however stated this only served to intimidate them and was contrary to the open and inclusive policy they practiced of welcoming persons of all faiths.”
The group appeared to have ignored controversial statement made by TNA heavyweight M.A. Sumanthiran, PC within days after the Easter Sunday carnage. Lawmaker Sumanthiran alleged that the Easter Sunday carnage was a result of Sri Lanka’s failure to ensure certain basic values. Did he justify the Easter Sunday attacks?
The Jaffna District MP warned of dire consequences unless the government addressed the grievances of the minorities. MP Sumanthiran said that no conversation took place without reference to Easter Sunday attacks. The lawmaker said that the public were asking what was going to happen because the country was stunned by what happened on that day. Sumanthiran: “All of us were so complacent we lived in a fool’s paradise imagining that the country was at peace in the absence of violence.”
As there had been no fighting for 10 years people assumed the country had attained peace. All that was shattered that morning on Easter Sunday, the MP said.
Such an attack would have happened some day because the country had not laid the foundation for peaceful co-existence in this country the TNA heavyweight said. “What we saw was a false edifice. And we were quite happy to carry on with that. Three decades of violent conflict that emanated from the North and East kept us on our toes and those days we actually saw the need to address those issues in a very deep and meaningful way”.
Sumanthiran alleged that once the war was brought to a conclusion in May 2009, those responsible assumed there was no requirement to address those issues. They continued to pay lip service, the lawmaker alleged, adding: “Whenever issues were raised, they say they must resolve those issues. But deep down, they didn’t feel those issues had to be addressed”.
The Presidential Commission of Inquiry that probed the Easter Sunday carnage owed an elucidation as to why an explanation was not sought from Sumanthiran. In fact, the writer brought to the PCoI’s notice the TNA MP’s statement when the police unit attached to the outfit recorded his statement as regards the justification of terrorist attacks.
Many years before Sumanthiran entered Parliament as a TNA National List MP in 2010, his party recognised the LTTE as the sole representative of the Tamil speaking people. Did the LTTE achieve TNA’s cooperation at gun point? The LTTE and the TNA worked as a team. It was a deadly combination.
Following the 2004 general election, the European Union Election Observation Mission faulted the TNA for receiving the LTTE’s backing to secure the lion’s share of parliamentary seats in the Northern and Eastern provinces with the latter stuffing the ballot boxes.
Having faithfully served the LTTE throughout the war, the TNA backed General Sarath Fonseka’s candidature at the 2010 presidential election. The civil society didn’t find fault with the TNA for backing the war-winning Army Commander nor blamed the group for depriving the Northern Province Tamils of their right to vote at the 2005 presidential election. The LTTE and the TNA worked on this project together. No less a person than R. Sampanthan, the current TNA leader confirmed the decision with this writer a few days before the election. Dr. Pakiasothy Saravanamuttu was the only civil society activist to take a courageous stand against the LTTE-TNA polls boycott decision.
The government should realise that it should set the record straight in Geneva. The current Geneva project cannot be reversed by engaging the civil society and the Tamil Diaspora. The recent announcement made by US Secretary of State Antony Blinken as regards an SLN intelligence officer and former Staff Sergeant of the Army underscored the fact that the sinister Western agenda was continuing. The recent declaration of the above-mentioned officers as gross violators of human rights should be examined against the backdrop of Army Commander General Shavendra Silva still being blacklisted.
