Sri Lanka looks ahead to winning the peace - Part 2:
Focus on reconciliation, rehabilitation and reconstructure
By Dr. Palitha Kohona
Former LTTE cadre were given vocational
training
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The reconciliation process, which is very complex, has been approached from a
range of angles. There is no magic wand to wish away the pain and agony of 27
years. One approach used by the Government is to adopt an extremely conciliatory
attitude towards former combatants. The former LTTE cadre who surrendered or
were captured (12,000) were detained at the end of the battle against terrorism.
About 2,240 were women. They were initially separated from other displaced
persons, questioned and sent to rehabilitation centres. The ICRC was given
access to them and continues to be given access to those still in custody.
The Government decided to treat the vast majority of these former combatants
as victims of circumstances rather than as criminals to be prosecuted despite
the fact that some had participated in bombings and gruesome massacres.
Consistent with our culture, forgiveness was the theme. Over 11,000 have been
rehabilitated and allowed to return to their homes and communities. This was in
less than three years since the end of the battle.
In many other conflicts around the world, it has taken much longer to
rehabilitate captured combatants. Their rehabilitation included training in
basic life skills, including technical training, farming and fisheries training.
A generous financial assistance scheme helps those who wish to set up small
businesses. The remainder of the detainees is continuing their rehabilitation.
Some of them will be prosecuted for egregious crimes. The conciliatory approach
of the Government carries its own risks as buried caches of weapons continue to
be unearthed.
Similarly, the reuniting of families separated by the conflict has received
much attention. Over 17,000 individuals, separated from their families, have
been reunited. Hundreds of children have been returned to their families
consistent with the Government policy of returning children to their own
families, communities and schools. A family tracing and reunification unit has
been established. The ICRC, IOM and UNICEF have contributed to this process.
Over 590 child combatants who surrendered were placed in the rehabilitation
centre in Ambepussa under the Child Protection Authority. The UNICEF assisted
significantly in this challenging task. Ambepussa received high praise from
visitors, and is now closed; its job done. The children were given vocational
training, training in English and IT and counselling by professionals. Some have
continued with their studies.
A hearing of the LLRC
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This is an area which will benefit from more external assistance. The centre
established in Ratmalana trained children for government examinations. Some
children from Ratmalana have even succeeded in entering the universities to
pursue higher studies. In recognition of the good work done, Sri Lanka was
delisted from the UN Security Council list of countries under observation for
the recruitment of child soldiers. This listing was originated in the ‘90s in
response to widespread child recruitment by the LTTE. Some ex-combatants have
married each other.
War widows have also been given special attention. Programs have been
launched to assist them to become independent members of the community.
A program has been launched in the East with the assistance of an Indian NGO
especially to encourage self-employment and entrepreneurship. Special measures
have been taken to expand women’s and children’s help desks in local Police
stations, especially in the former affected areas. Strict measures have been
taken to counter sexual violence. War widows and families led by women will
continue to need assistance.
Useful contribution
Access is provided to NGOs to work in the former affected areas to assist the
returnees. There are over 1,350 NGOs registered in Sri Lanka and they make a
useful contribution to our reconstruction efforts. Registration is not mandatory
but would assist further facilitation by the Government. New INGOs are required
to come with their own funding and their own programs.
Forty five local NGOs, INGOs and 11 UN agencies are currently working in
partnership with the Government on rehabilitation and reconstruction programs in
the Northern Province. They assist with upgrading schools, health services and
village level social services.
During most of the problem period, NGOs operated in the areas controlled by
the terrorists. The ICRC was present on the ground almost till the last days. In
fact, the ICRC assisted with the evacuation of almost 15,000 individuals, which
number included over 7,000 injured, the sick and the pregnant.
Disarming other armed Tamil groups has been a priority. Many had carried
weapons to protect themselves from the LTTE. All of them have now been disarmed.
There is no reason for them to remain armed. In fact, many have joined the
political mainstream.
The extent of the high security zones in the North and the East has been
reduced dramatically. The only remaining restrictions are limited to the Palaly
airport and the Kankesanthurei harbour. The number of troops deployed in the
North has been reduced by over 21,000. The emergency regulations that existed
for over 30 years, were allowed to lapse in August 2011.
Education in the North and East has received a
boost
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Minorities have continued to prosper in majority Sinhala areas of the
country, including Colombo. They have their own schools, businesses and temples.
Around 54 percent of Tamils live among the majority community. Tamils constitute
over 40 percent of the population of Colombo. Some of the leading business
houses in Colombo are minority owned.
Many of the leading professionals in Colombo come from the minority
communities and no restrictions exist on their lives, politically, socially or
economically. The minorities are well represented in Parliament and in the
Cabinet of Ministers.
The use of the Tamil language for official purposes has given rise to much
concern over the years. The Government is implementing a vigorous trilingual
language policy at present.
The military and the police have taken the lead in language training. All
Government officers are now required to be proficient in both languages and
promotions will depend on language competence. Over 32,000 were given training
in 2012. Similarly, large numbers of bilingual police officers have been
recruited.
The Tamil community, scattered around the world, is an important factor in
the reconciliation and reconstruction effort. Many of those who have returned to
their villages have relatives elsewhere in the world. In fact, thousands of
Tamils left for Western countries during the strife and sought refugee status.
Some supported the LTTE with funds while some procured weapons in the black
market.
Many of these activists have been jailed in Western countries for their
illegal activities. Large numbers have become citizens in the host countries and
have begun to use their voting power to support the LTTE cause, even though the
LTTE no longer exists in Sri Lanka.
The Government has continued to reach out to these expatriate communities,
encouraging them to return home and participate in the reconstruction effort.
The number of Tamils returning as visitors has increased significantly. It may
take time before sufficient confidence is generated among them to participate
fully in Sri Lanka’s economic revival. Special concessions are provided to those
who wish to invest in the affected areas.
No repetition
Examining the causes of the problem is central to ensuring that there will be
no repetition. The Government established a Lessons Learnt and Reconciliation
Commission (LLRC) consisting of a number of eminent persons, including
representatives from the minorities, with the goal of ensuring restorative
justice and national reconciliation. This Commission was given a wide mandate to
look into the factors that gave rise to the problem and infractions of
internationally recognised standards during the period, and make
recommendations.
The LLRC which sat in various parts of the country, and invited anyone,
including critics from abroad, to present evidence before it made over 280
recommendations. Hundreds of persons from within and outside the country
appeared before the Commission. Over 1,000 oral and 5,000 written
representations were received. It even invited AI, HRW and ICG to present any
evidence of infractions of global standards.
These organisations jointly decided to decline this invitation. A high level
task force, chaired by the Secretary to the President, has been appointed to
oversee the implementation of the Action Plan adopted to give effect to these
recommendations which number 285. Budgetary allocations have been made to ensure
proper implementation. Courts of inquiry have been established into specific
allegations of wrongdoing by members of the Armed Forces.
The Attorney-General is assisting the Police with inquiries relating to any
breaches of the criminal law. A National Action Plan on human rights has been
adopted.
The UN Working Group on Enforced and Involuntary Disappearances has engaged
with successive governments on the question of disappearances. Many of those who
have been reported as disappeared have migrated to other countries through
clandestine means. A centralised database of missing persons has been
established.
The political grievances of the minorities also have to be addressed as Sri
Lanka seeks reconciliation. The Government has had talks with the Tamil National
Alliance (TNA) which is the major Tamil political party, but the TNA has stayed
away from the talks in recent months and has become increasingly intransigent.
Although, it commands considerable support, it has to be remembered that the TNA
is not the only political party representing the Tamil minority. There are many
and some command wide support.
In addition, the Tamils are not the only minority. The Muslims constitute 7.9
percent of the population. In the Eastern Province, they are the majority. In
the circumstances, it would be impossible for the reconciliation talks to focus
simply on Tamil grievances. A Parliamentary Select Committee has been
established to achieve multi-party consensus on any Constitutional changes.
The distribution of political power is another area that is focusing the
attention of the Government. Under the Constitution, the power enjoyed by the
Central Government and the provinces are delineated. Some powers are exercised
concurrently by the Centre and the Provinces.
There is a demand by the TNA that some of these powers, in particular, police
powers and powers over land, be given to the provinces. Not all provinces agree
with these demands and it is doubtful whether the majority of the population
will agree with it.
Vexing issue
A vexing issue, as reconciliation is pursued, relates to land. In the early
1990s, the LTTE forcibly evicted thousands of Sinhalese and Muslims from the
North and redistributed their properties to “Mahavir” families (families of
heroes). Now that the LTTE is not there, the original owners of these properties
are seeking their return. This has given rise to a series of complex issues. The
LLRC has favoured establishing land courts to adjudicate disputes relating to
such land in an equitable manner. But this will remain a major challenge as the
government pushes ahead with its reconciliation efforts.
Sri Lanka is at a critical juncture in its history and has a unique
opportunity to bring its people together and make their island home a better
place for all. I am confident that we will deal with the aftermath of our
victory over terrorism in a manner that will ensure peace and prosperity to all.
“Peace will not come from the mere absence of war. Peace will not come while
not addressing hunger, deprivation, marginalisation and inequality. Peace will
not come from testimony provided to truth commissions or by simply punishing the
wicked for past misdeeds. Peace will dawn, when forgiveness spreads its gentle
embrace to the fearful.
When we treat those who harmed us with dignity and ensure an existence of
contentment, equality and opportunity, then peace will breathe freely. This is
what we are seeking to achieve in Sri Lanka.”
Excerpts of a speech made by Sri Lanka’s Permanent Representative to the
United Nations, Dr. Palitha Kohona at the Utah Valley University International
Relations Class.