Legacy of Abuse in Sri Lanka

By Anna Neistat Created: Oct 26, 2009 Last Updated: Oct 26, 2009
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Sri Lankan prison officials escort Tamil journalist J. S. Tissainayagam (C) to a prison bus on August 31, 2009. (Ishara S. Kodikara/AFP/Getty Images)

For several months during and after the endgame of the decades—long civil war between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE), the government brushed off Western criticism of its abusive practices. It has relied instead on moral and financial support from states less concerned with such matters, such as China and Pakistan.

Countries with similar problems and equally questionable human rights records are paying close attention: Has Sri Lanka discovered the magic formula for brazenly ignoring meddlesome Western countries and getting away with it?

Sri Lanka's policy of complete dismissal was initially successful. But now the government seems to have discovered that ignoring the strongly held opinions of powerful Western partners has consequences that might not be in the long-term interest of the country or its ruling elite after all.

On May 19, 2009, the Sri Lankan government declared victory over the LTTE. This marked an end to a 26-year-long civil war that killed tens of thousands of people. Human Rights Watch's continuous research in the country established that during the final phase of the conflict, both the Sri Lankan Armed Forces (SLAF) and the LTTE repeatedly violated the laws of war, causing numerous civilian casualties.

Forced to retreat by SLA offensive operations, the LTTE drove civilians into a narrow strip of land on the northeastern coast of Sri Lanka. They effectively used several hundred thousand people as human shields. On at least several occasions, the Tamil Tigers shot at those trying to flee to government-held territory. LTTE forces also deployed near densely populated areas, placing civilians in greater danger from government attacks. As the fighting intensified, the LTTE stepped up its practice of forcibly recruiting civilians, including children, into its ranks and into hazardous forced labor on the battlefield.

The government, in turn, used the LTTE's grim practices to justify its own atrocities. Sri Lankan forces repeatedly and indiscriminately shelled areas densely populated with civilians, sometimes using area weapons incapable of distinguishing between civilians and combatants.

As the LTTE-controlled area shrank, the government unilaterally declared "no-fire zones" or "safe zones" on three different occasions, telling civilians to seek shelter there. Nevertheless, government forces continued attacking these areas. In blatant disregard of the laws of war, government forces also fired artillery that directly struck or landed near hospitals on at least 30 occasions.

Sri Lanka claimed that in the last days of the war, it carried out "the largest hostage-rescue operation" that liberated thousands of Tamils from the oppressive rule of the LTTE. Yet in reality, to this day the "rescued" Tamil population has seen neither freedom nor relief.

From March 2008 until the present, the government has confined virtually all civilians displaced by the war in military-controlled detention camps, euphemistically called "welfare centers." In violation of international law, the government denied the displaced their rights to liberty and freedom of movement. The camp residents are kept in the dark regarding their own future and the fate of their missing relatives. More than four months after the end of hostilities, the government continues to hold more than 250,000 civilians in illegal detention.

Foreign Policy In Focus contributor Anna Neistat is a senior researcher for Human Rights Watch's emergencies division and is a specialist in humanitarian crises. Foreign Policy In Focus, www.fpif.org.

 



 
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