[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 |
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
[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.
Related link: SRI LANKAN CIVIL WAR : MASSACRE IMAGES EMERGE
***
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.