December 20, 2011

SRI LANKA: WOMEN’S INSECURITY IN THE NORTH AND EAST

[Thirty years of civil war between the government and Liberation Tigers of Tamil Eelam (LTTE) has resulted in tens of thousands of female-headed households in the north and east. They struggle daily to cope with the detention or absence of family members, continuing displacement and desperate poverty. Militarisation and the government’s refusal to devolve power or restore local civilian administration in those areas have directly contributed to complex societal distress, which comes on the heels of the collapse of the preceding repressive regime run by the LTTE.]
Asia Report N°217 20 Dec 2011

EXECUTIVE SUMMARY AND RECOMMENDATIONS
Image courtesy: Sri Lanka war Crimes
Women in Sri Lanka’s predominantly Tamil-speaking north and east are facing a desperate lack of security in the aftermath of the long civil war. Today many still live in fear of violence from various sources. Those who fall victim to it have little means of redress. Women’s economic security is precarious, and their physical mobility is limited. The heavily militarised and centralised control of the north and east – with almost exclusively male, Sinhalese security forces – raises particular problems for women there in terms of their safety, sense of security and ability to access assistance. They have little control over their lives and no reliable institutions to turn to. The government has mostly dismissed women’s security issues and exacerbated fears, especially in the north and east. The international community has failed to appreciate and respond effectively to the challenges faced by women and girls in the former war zone. A concerted and immediate effort to empower and protect them is needed.
Thirty years of civil war between the government and Liberation Tigers of Tamil Eelam (LTTE) has resulted in tens of thousands of female-headed households in the north and east. Families throughout those areas experienced many waves of conflict, displacement and militarisation. In the war’s final stages in 2008 and 2009, hundreds of thousands of civilians in the northern Vanni region endured serial displacements and months of being shelled by the government and held hostage by the LTTE, after which they were herded into closed government camps. Most lost nearly all possessions and multiple family members, many of whom are still missing or detained as suspected LTTE cadres. When families eventually returned to villages, homes and land had been destroyed or taken over by the military. There was less physical destruction in the east, which was retaken by the government in 2007, but those communities have also suffered and now live under the tight grip of the military and central government.
These events have left women and girls vulnerable at multiple levels. In the Vanni in particular, their housing is inadequate, and they have limited means of transportation and employment opportunities. Many do not have sufficient funds to feed their families, let alone to care for those who were maimed or disabled in the war. The continuing search for the missing and the struggle to maintain relations with the detained are further strains. Children’s education was severely disrupted for years, and many are only slowly returning to school. The trauma of the war, especially the final months in 2009, is evident in every family. The conflict has badly damaged the social fabric.
The consequences for women and girls have been severe. There have been alarming incidents of gender-based violence, including domestic violence within the Tamil community, in part fuelled by rising alcohol use by men. Many women have been forced into prostitution or coercive sexual relationships. Some have also been trafficked within the country and abroad. Pregnancies among teenagers have increased. Fear of abuse has further restricted women’s movement and impinged on education and employment opportunities. The fact that women must rely on the military for everyday needs not only puts them at greater risk of gender-based violence, but also prevents them from building their own capacity within communities. The island-wide spate of attacks on women by individuals labelled “grease yakas (devils)”, which reached the north and east in August and into September 2011, and the lack of serious response by the security forces (except to brutally crack-down on protesters across the north and east, and especially in Jaffna), exposed the near-complete collapse of trust in law enforcement.
Militarisation and the government’s refusal to devolve power or restore local civilian administration in the north and east have directly contributed to this complex societal distress, which comes on the heels of the collapse of the repressive regime run by the LTTE. Over decades, the Tigers created an elaborate coercive structure around which people organised their lives. The absence of this structure has left many adrift. While this has had some important positive consequences, including for women, the devastation of the final year of war and the replacement of the LTTE in effect by the military and its proxies negate the gains for these communities. The experience and perception of pervasive insecurity are having profound harmful effects on women’s lives.
Instead of recognising these vulnerabilities and taking steps to protect women and girls, the government has largely ignored them. The heavily militarised and centralised systems of control in the north and east exclude most residents, but especially women from decisions that affect their security. While there are some female civilian officials and some programs nominally directed at women, all activities occur within a male, Sinhalese, military structure. The government has constrained access for international humanitarian organisations and even more so for local civil society. The vision of security the government has pursued is a masculine, militarised one. Human security is lacking.
The current situation in the north and east comes in the wake of serious accusations of sexual violence by the military against Tamil women at the end of the war and in the months thereafter. There is credible evidence to support some of these accusations. Yet cultural stigma, decades of impunity, and the government’s refusal to allow any independent investigation of the end of the war and its aftermath make it impossible to determine the full extent of misconduct. In a well-known rape case in the north in June 2010, criminal prosecution has been pending for eighteen months against four soldiers following concerted pressure from local women’s groups. But this is a striking exception.
The government’s overwhelming response to allegations of sexual violence has been to reject them, as it has done with video footage that shows what appears to be Sinhalese soldiers making sexual comments while handling the dead, naked bodies of female suspected LTTE fighters, some of whom have their hands bound. The long-awaited report of the government’s Lessons Learnt and Reconciliation Commission (LLRC) was delivered to the president on 20 November 2011 and released to the public on 16 December. Among its recommendations is one that the government initiate yet another “independent investigation” into the footage, which officials repeatedly have said was “faked”. Another government assessment of it now – without a complementary international one focused on alleged sexual violence – risks further feeding Tamil fears of such violence and the exploitation of those fears by some diaspora activists.
The international response to women’s insecurity has been unnecessarily muted. Not only have Sri Lanka’s international partners, including the United Nations, failed to speak out publicly and clearly about threats to women and allegations of abuse, but they have agreed to work within militarised structures that have amplified vulnerability and reduced transparency. Unless they do more to demand changes to those structures and to target funding and assistance at initiatives that can help protect and empower women, their engagement will be ineffectual, at best.

Executive Summary | Full PDF report
Related link: SRI LANKAN CIVIL WAR : MASSACRE IMAGES EMERGE
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UNITED STATES URGES SRILANKA TO GO BEYOND IMPLEMENTING LLRC RECOMMENDATIONS 
[Responding to media queries on the LLRC report at the daily press briefing on Monday, Deputy Spokesperson of the U.S. State Department Ms. Victoria Nuland said the U.S. has concerns that the report prepared by the Lessons Learns and Reconciliation Commission does not fully address all the allegations of serious human rights violations that occurred in the final phase of the conflict.]

Colombo PageNews Desk, Sri Lanka.

Washington, DC: The United States Monday urged the Sri Lankan government not only to fulfill all of the recommendations made by the Lessons Learns and Reconciliation Commission (LLRC) but also to address the accountability issues that the LLRC did not cover in its report.

 Responding to media queries on the LLRC report at the daily press briefing on Monday, Deputy Spokesperson of the U.S. State Department Ms. Victoria Nuland said the U.S. has concerns that the report prepared by the Lessons Learns and Reconciliation Commission does not fully address all the allegations of serious human rights violations that occurred in the final phase of the conflict.

"So this leaves questions about accountability and - for those allegations, and so we urge the Sri Lankan Government not only to fulfill all of the recommendations of the report as it stands, but also to address those issues that the report did not cover," the Spokesperson said.

Ms. Nuland said the United States, while still studying the full report, commends the work of the LLRC for addressing a number of the crucial areas of concern to Sri Lankans.

"In particular, the report recognizes and makes substantive recommendations in the areas of reconciliation, devolution of authority, demilitarization, rule of law, media freedom, disappearances, human rights violations," she noted.

When asked whether there has been any official communication between Washington and Colombo Ms. Nuland said the Assistant Secretary Robert Blake has been in contact with various Sri Lankan counterparts, as has the U.S. Ambassador in Colombo, Ms. Patricia Butenis.

The Spokesperson said the U.S. has seen the government's preliminary action plan on human rights but the plan does not provide a detailed road map the U.S. expected to see for fulfilling all of the Commission's recommendations.

"Those are the things that we are, in our private conversation, urging them to continue to work on, implementation of the recommendations in the report, and addressing those gaps that the report left," the Spokesperson reiterated.

The LLRC report released to the public last week concluded that the Sri Lankan security forces had not willfully targeted the civilians in the conflict zone during the final stage of war and military operations were conducted professionally. However, the LLRC admitted that there were civilian casualties due to crossfire.
The Commission noted that there were several incidents of transgressions by individuals and recommended the government to investigate those on a case by case basis.

When questioned about a time period for Sri Lanka to implement the LLRC recommendations, Ms. Nuland said the U.S. is expecting a response from the Sri Lankan government to the concerns expressed by the U.S. in the first instance.

"We're looking to a report - a response from the Sri Lankan Government to these concerns that we've expressed and that a number of Sri Lankans have expressed, to hear what their proposed timetable, as I said, their proposed roadmap is for remediating these issues," the State Department official said.

However, the U.S. ruled out an independent, international probe into the final phase of the war that ended in May 2009 saying that the position of the U.S. remains that "it is better for Sri Lankans to take these issues themselves and address them fully."

"We want to see if the Sri Lankan Government will lead their country in the next step to ensure that there is full implementation of the recommendations that we have and filling in of the gaps. So let's see what they are willing to do going forward," the Spokesperson said.