SRI LANKA Democratic Socialist Republic of Sri Lanka Shri Lamka Prajatantrika Samajaya di Janarajaya/ Ilankai Jananayaka Choshalichak Kutiyarachu Joined United Nations: 14 December 1955 Human Rights as assured by their constitution Click here Updated 10/04/10
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Colombo (Executive and judicial capital)
Sri Jayewardenepura Kotte (legislative capital)
21,324,791
note: since the outbreak of hostilities between the government and armed Tamil separatists
in the mid-1980s, several hundred thousand Tamil civilians have fled the island and more
than 200,000 Tamils have sought refuge in the West (July 2010 est.)
Dissanayake Mudiyanselage Jayaratne
Prime Minister since 21 April 2010
President elected by popular vote for a six-year term (eligible for a
second term); Prime minister selected by the President; election last
held on 17 November 2005
Next scheduled election: 2011
HEAD OF GOVERNMENT
SELECTION PROCESS
According to the Sri Lankan Constitution, the President is the
Chief of State and Head of Government
DECLARATION OF HUMAN RIGHTS
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Sinhalese 73.8%, Sri Lankan Moors 7.2%, Indian Tamil 4.6%, Sri Lankan Tamil 3.9%, other 0.5%, unspecified 10% (2001
census provisional data)
Buddhist 69.1%, Muslim 7.6%, Hindu 7.1%, Christian 6.2%, unspecified 10% (2001 census provisional data)
Republic with 8 provinces; Legal system is a highly complex mixture of English common law, Roman-Dutch, Islamic, Sinhalese, and
customary law; has not accepted compulsory ICJ jurisdiction
Executive: President elected by popular vote for a six-year term (eligible for a second term); election last held on 17 November 2005 (next
to be held in 2011); Prime Minister selected by the President
Legislative: Unicameral Parliament (225 seats; members elected by popular vote on the basis of a modified proportional
representation system by district to serve six-year terms)
elections: last held on 8 April 2010 with a repoll in two electorates held on 20 April 2010 (next to be held in April 2016)
Judicial: Supreme Court; Court of Appeals; judges for both courts are appointed by the president
Sinhala (official and national language) 74%, Tamil (national language) 18%, other 8%
note: English is commonly used in government and is spoken competently by about 10% of the population
The island is estimated to have been colonised by the Balangoda people (named after the area where their remains were
discovered) about 34,000 years ago. They have been identified as a group of Mesolithic hunter gatherers who lived in caves.
Several of these caves including the well known Batadombalena and the Fa-Hien Rock cave) have yielded many artefacts that
points to them being the first inhabitants of the island. The Balangoda people appear to have been responsible for creating Horton
Plains, in the central hills, by burning the trees in order to catch game. However, discovery of Oats and Barley on the plains dating
to about 15,000 BC suggest they may have engaged in agriculture. Cinnamon, which is native to Sri Lanka, was in use in Ancient
Egypt in about 1500 BC, suggesting that there were trading links with the island. It is possible that Biblical Tarshish was located on
the island (James Emerson Tennent identified it with Galle). The earliest chronicles the Dipavamsa and Mahavamsa say that, before
the migration of the Indo-Aryans, tribes of Yakkhas (demons) and Nagas (cobras) inhabited the island. These names might refer to
the tribal totems of the people living in the island. Pottery has been found at Anuradhapura, bearing Brahmi script and non-Brahmi
writing, dating back to 600 BC, suggesting that the art of writing may have been re-introduced to the subcontinent via Sri Lanka.
The Mahavamsa, written circa 5th century A. D. by the monk Nagasena, using the Deepavmsa, the Attakatha and other written
sources available to him, collates well with the Indian history of the period, with King Asoka's reign actually discoverd through the
Mahavamsa. The period prior to Asoka's coronation (given in the Mahavamsa as 218 years after the Buddha's death) tends to be
part legend. The pressure of migrations from the north and the rise of Dravidian power lead to invasions of the Island, especially in
later times. The Chola kings of South india, sons of Rajendra I, controlled the "Rajarata", while the Sinhala kings fled to Rohana
(south-east). The first Europeans to visit Sri Lanka in modern times were the Portuguese: Francisco de Almeida arrived in 1505,
finding the island divided into seven warring kingdoms and unable to fend off intruders. The Portuguese founded a fort at the Muslim
port city of Colombo in 1517 and gradually extended their control over the coastal areas. In 1592 the Sinhalese moved their capital
to the inland city of Kandy, a location more secure against attack from invaders. Intermittent warfare continued through the 16th
century. Many lowland Sinhalese were forced to convert to Christianity, but the Buddhist majority disliked Portuguese occupation
and its influences and welcomed any power who might rescue them. In 1602, therefore, when the Dutch captain Joris Spilberg
landed, the king at Kandy appealed to him for help. It was in 1638 that the Dutch attacked in earnest, and not until 1656 that
Colombo fell. By 1660 the Dutch controlled the whole island except the kingdom of Kandy. The Dutch persecuted the Catholics
but left the Buddhists, Hindus and Moslems alone. However they taxed the people far more heavily than the Portuguese had done.
A mixed Dutch-Sinhalese people known as Burgher peoples are the legacy of Dutch rule. In 1659, the British sea captain Robert
Knox landed by chance on Sri Lanka and was captured by the king of Kandy. He escaped 19 years later and wrote an account of
his stay. This helped to bring the island to the attention of the British. During the Napoleonic Wars the United Kingdom, fearing that
French control of the Netherlands might deliver Sri Lanka to the French, occupied the coastal areas of the island (which they called
Ceylon) with little difficulty in 1796. In 1802 by the Treaty of Amiens the Dutch part of the island was formally ceded to Britain, and
became a crown colony. In 1803 the British invaded the Kingdom of Kandy in the 1st Kandyan War, but were bloodily repulsed.
In 1815 Kandy was occupied in the 2nd Kandyan War, finally ending Sri Lankan independence. Following the bloody suppression
of the Uva Rebellion or 3rd Kandyan War in 1817–1818, a treaty in 1818 preserved the Kandyan monarchy (Nayaks of Kandy)
as a British dependency. The Kandyan peasantry were stripped of their lands by the Wastelands Ordinance, a modern enclosure
movement and reduced to penury. The British found that the uplands of Sri Lanka were very suited to coffee, tea and rubber
cultivation, and by the mid 19th century Ceylon tea had become a staple of the British market, bringing great wealth to a small class
of white tea planters. To work the estates, the planters imported large numbers of Tamil workers as indentured labourers from south
India, who soon made up 10% of the island's population. These workers had to work in slave-like conditions and to live in line
rooms, not very different from cattle sheds. The British colonialists favoured the semi-European Burghers, certain high-caste
Sinhalese and the Tamils who were mainly concentrated to the north of the country, exacerbating divisions and enmities which have
survived ever since. Nevertheless, the British also introduced democratic elements to Sri Lanka for the first time in its history. The
Burghers were given some degree of self-government as early as 1833. It was not until 1909 that constitutional development began
with a partly-elected assembly, and not until 1920 that elected members outnumbered official appointees. Universal suffrage was
introduced in 1931, over the protests of the Sinhalese, Tamil and Burgher elite who objected to the common people being allowed
to vote. In 1919 the Ceylon National Congress (CNC) was founded to agitate for greater autonomy. The party soon split along
ethnic and caste lines, however. It did not seek independence. During World War II, Sri Lanka was a front-line British base against
the Japanese. There was considerable opposition to the war in Sri Lanka, and the LSSP leaders of the pro-independence agitation
were arrested by the Colonial authorities. The Sinhalese leader Don Stephen Senanayake left the CNC on the issue of
independence, disagreeing with the revised aim of 'the achieving of freedom'. He subsequently formed the United National Party
(UNP) in 1946, when a new constitution was agreed on. Dominion status followed in February 1948, with military treaties with
Britain (the upper ranks of the armed forces were British) and British air and sea bases remaining intact. Senanayake became the
first Prime Minister of Sri Lanka. In 1956 the UNP was defeated at elections (being reduced to 8 seats in Parliament) by the
Mahajana Eksath Peramuna, which included the Sri Lanka Freedom Party (SLFP) led by Solomon Bandaranaike and the
Viplavakari Lanka Sama Samaja Party of Philip Gunawardena. In 1957 British bases were removed and Sri Lanka officially
became a non-aligned country. Fresh elections in July saw Bandaranaike's widow, Sirimavo Bandaranaike, lead the SLFP to power
and become the world's first elected female head of government. Her government avoided further confrontations with the Tamils,
but its socialist policies of nationalization led to a cut-off of United States aid and a growing economic crisis. After an attempted
coup-d'etat by right-wing Army and Police officers, aimed at bringing the UNP back to power, Bandaraneike nationalised the oil
companies. This led to a boycott of the country by the oil cartels, which was broken with aid from the Kansas oil producers co-
operative. Under Bandaranaike the country became a republic, the Free Sovereign and Independent Republic of Sri Lanka, the
Senate was abolished and the position of Sinhala as the official language (with Tamil as a second language) was confirmed. Full
independence was established as the last remaining ties of subjection to the UK were broken (e.g. the Privy Council was no longer
a body of appeal above the Supreme Court). In July 1983 communal riots took place due to the ambush and killing of 13 Sri
Lankan Army soldiers by the Tamil Tigers. Using the voters list which contained the exact addresses of Tamils, the Tamil community
faced a severe backlash from the Sinhalese rioters including the destruction of shops. By 2005 there had been no further progress
towards either a military or political solution. The assassination of Foreign Minister Lakshman Kadirgamar in August 2005, by the
LTTE (although they denied responsibility), further hardened attitudes. His successor was Anura Bandaranaike, the President's
brother and putative political heir. Twenty years of civil conflict had done immense damage to Sri Lankan society and the economy,
which has fallen behind other Asian economies, although it remains the second most prosperous nation in South Asia. In elections
held on 17 November 2005, Mahinda Rajapakse, the son of Don Alwin Rajapaksa, was elected President, defeating
Wickremasinghe. He appointed Ratnasiri Wickremanayake Prime Minister and Mangala Samaraweera Foreign Minister.
Negotiations with the LTTE stalled and low-intensity conflict began. The violence dipped off after talks in February, but escalated in
April; it remains to be seen whether or not the conflict will revert to full-scale war. On August 2006 Red Cross evacuated 150
foreigners from Jaffna region after one month of fighting between the LTTE and the government.After a 30-month-long military
campaign, the Sri Lankan military defeated the Tamil Tigers in May 2009.
Source: Wikipedia: History of Sri Lanka
In 1977, Colombo abandoned statist- and import substitution-policies for more market- and export-oriented policies, including
encouragement of foreign investment. Sri Lanka suffered through a brutal civil war from 1983 to 2009. Despite the war, Sri Lanka
saw GDP growth average nearly 5% in the last 10 years. Government spending on development and fighting the LTTE drove GDP
growth to around 6-7% per year in 2006-08. Growth was 3.5% in 2009, still high despite the world recession. Sri Lanka's most
dynamic sectors are now food processing, textiles and apparel, food and beverages, port construction, telecommunications, and
insurance and banking. About 1.5 million Sri Lankans work abroad, 90% of them in the Middle East. They send home more than
$3 billion a year. President RAJAPAKSA's reelection in 2010 means that the Government of Sri Lanka will likely continue its more
statist economic approach, that seeks to reduce poverty by steering investment to disadvantaged areas, developing small and
medium enterprises, promoting agriculture, and expanding the already enormous civil service. The end of the 26-year conflict with
the LTTE has opened the door for reconstruction and development projects in the north and east. Funding these projects will be
difficult, as the government already is faced with high debt interest payments, a bloated civil service, and high budget deficits. The
2008-09 global financial crisis and recession exposed Sri Lanka's economic vulnerabilities and nearly caused a balance of payments
crisis, which was alleviated by a $2.6 billion IMF standby agreement in July 2009. But the end of the civil war and the IMF loan
restored investors' confidence. The Sri Lankan stock market gained over 100% in 2009, one of the best performing markets in the
world. Official foreign reserves improved to more than $5 billion by November 2009, providing over 6 months of imports cover.
Source: CIA World Factbook (select Sri Lanka)
Sri Lanka's two major political parties -- the United National Party and the Sri Lanka Freedom Party -- embrace democratic
values, international nonalignment, and encouragement of Sinhalese culture. Past differences between the two on foreign and
economic policy have narrowed. Generally, the SLFP envisions a broader role for the state, and the UNP a broader role for
capitalism.
Sri Lanka has a multi-party democracy that enjoys surprising stability given the high levels of political violence, especially that which
occurred under the UNP regime of 1977-1993. During the civil war the LTTE has targeted politicians (Sinhalese and Tamil),
economic targets, and Buddhist religious sites. Recent elections have seen decreasing election violence between the SLFP and the
UNP, compared to the period 1977-1994. Elections have been cleaner, without the rampant impersonation and vote-rigging which
characterised the 1982 Presidential Election, the notorious Referendum of the same year, the Presidential Election of 1988 and the
General Election of 1989.
The president dissolved the parliament in February 2004 after a two year term (though the parliament was elected for a 6 year
term.) The election was held on 2 April 2004. The SLFP in alliance with the JVP secured the most seats by a single party but failed
to achieve a majority. As a result they lost the very first vote in parliament; that of appointment of the speaker. As a result the
parliament did not pass a single bill from February to May.
Source: Wikipedia: Politics of Sri Lanka
None reported.
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)
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IDPs: 460,000 (both Tamils and non-Tamils displaced due to long-term civil war between the government and the separatist
Liberation Tigers of Tamil Eelam (LTTE)) (2007)
None reported.
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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2009 Human Rights Report: Sri Lanka
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Human Rights Reports » 2009 Country Reports on Human Rights Practices » South and Central Asia » Sri Lanka
2009 Human Rights Report: Sri Lanka
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Sri Lanka is a constitutional, multiparty republic with a population estimated at 21 million. President Mahinda Rajapaksa, elected in 2005,
and the parliament, elected in 2004, both for six-year terms, share constitutional power. The government is dominated by the president's
family; two of his brothers hold key executive branch posts, defense secretary and senior advisor to the president. International
observers generally characterized the 2005 national elections as free and fair; however, the Liberation Tigers of Tamil Eelam (LTTE)
enforced a boycott of the presidential polls by ethnic Tamils in the north and east, and many observers believed that this affected the
electoral outcome in favor of the current president. The government declared victory over the LTTE on May 18 after more than 25
years of armed conflict. While civilian authorities generally maintained effective control of the security forces, observers linked the
government closely to paramilitary groups believed responsible for serious human rights violations.
The government's respect for human rights declined as armed conflict reached its conclusion.
- Outside of the conflict zone, the overwhelming majority of victims of human rights violations, such as extrajudicial killings and
disappearances, were young male Tamils, while Tamils were estimated to be only 16 percent of the overall population.
- Credible reports cited unlawful killings by paramilitaries and others believed to be working with the awareness and assistance of
the government, assassinations by unknown perpetrators, politically motivated killings, and disappearances.
- The government was credibly accused of arbitrary arrests and detentions, poor prison conditions, denial of fair public trial,
government corruption and lack of transparency, infringement of freedom of movement, harassment of journalists and lawyers
critical of the government, and discrimination against minorities.
- Human rights observers alleged that progovernment paramilitary groups and security forces participated in armed attacks against
civilians and practiced torture, kidnapping, hostage-taking, and extortion with impunity.
- During the year there were no indications or public reports that civilian or military courts convicted any military, police, or
paramilitary members for human rights abuses.
- In some cases the military turned over military members to the civilian judicial system for processing.
- The executive failed to appoint the Constitutional Council, which is required under the constitution, thus obstructing the
appointment of independent representatives to important institutions such as the Human Rights Commission, Bribery Commission,
Police Commission, and Judicial Service Commission.
In May the Sri Lankan Army (SLA) defeated the LTTE when the SLA captured all remaining LTTE-controlled territory and killed its
leader, Velupillai Prabhakaran. During the final months of the war, the LTTE engaged in torture, arbitrary arrest, and detention; denied
fair public trials; arbitrarily interfered with privacy; and denied freedoms of speech, press, assembly, and association. The LTTE
prevented civilians under its control from crossing over to government-held territory by shooting and killing those attempting to escape.
As the conflict intensified, the LTTE forcibly recruited both adults and children for combat and reportedly located mortars and other
heavy weapons near or in civilian encampments, drawing government military fire in the process. Until its defeat in May, the LTTE
continued to organize bomb attacks in areas that it did not control, particularly in the south, targeting military, political, and civilian
persons and property.
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1 October 2010
Committee on the Rights of the Child
Fifty-fifth session
1 September – 13 October 2010
Consideration of reports submitted by states parties under article 44 of the convention
Concluding Observations: Sri Lanka
A. Introduction
2. The Committee welcomes the submission of the third and fourth periodic report, which is analytical and self-critical, as well as
the written replies to its list of issues which allow a better understanding of the situation of children in the State party. The Committee
also appreciates the constructive interactive dialogue with the multisectoral delegation of the State party.
3. The Committee reminds the State party that the present concluding observations should be read in conjunction with its
concluding observations adopted on the State party’s initial report to the Optional Protocol on the involvement of children in armed
conflict (CRC/C/OPAC/LKA/CO/1) on 1 October 2010.
B. Follow-up measures and progress achieved by the State party
4. The Committee notes with appreciation the positive developments related to the implementation of the Convention, such as the
adoption of:
•The Penal Code (Amendment) Act No. 16 of 2006 which, inter alia, makes it a penal offence to engage and recruit a child for use in
armed conflict and in child labour, child trafficking and child pornography;
•The Prevention of Domestic Violence Act No. 34 of 2005 which provides protection orders to safeguard both children and women;
C. Factors or difficulties impeding the implementation of the Convention
6. The Committee regrets that the nearly 30 years of civil war and armed conflict that ended in May 2009 and the catastrophic
tsunami of December 2004 continue to have negative impacts on the situation of children, especially in the affected regions, and hamper
progress in the implementation of the rights of all children under the Convention.
D. Main areas of concern and recommendations
1. General measures of implementation (arts. 4, 42 and 44, paragraph 6 of the Convention)
The Committee’s previous recommendations
7. The Committee welcomes efforts by the State party to implement the Committee’s concluding observations on the State party’s
second report (CRC/C/SR.889 of 2003). Nevertheless, the Committee regrets that some of its concerns and recommendations have been
insufficiently or only partly addressed, including those related to data collection, the definition of the child, children of migrant mothers,
alternative care, children with disabilities, the quality of education and the minimum age of criminal responsibility.
8. The Committee urges the State party to take all necessary measures to address those recommendations from the concluding
observations on the second report that have not yet been implemented or sufficiently implemented and to provide adequate follow-up to
the recommendations contained in the present concluding observations on the third and fourth periodic report.
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Freedom In The World 2010 Report
Political Rights Score: 4
Civil Liberties Score: 4
Status: Partly Free
Overview
The government ended its long-running civil war with the rebel Liberation Tigers of Tamil Eelam in May, destroying the Tigers’
leadership in a final battle on the coast. Several hundred thousand civilians displaced by the last months of fighting remained forcibly
interned in camps for much of the year before the majority were allowed to leave or exercise somewhat greater freedom of movement in
late November. Despite the war’s completion and an improvement in security throughout the country, the situation for human rights
defenders and journalists remained grim, with numerous attacks and cases of intimidation occurring amid a climate of nationalist rhetoric
and impunity.
The military continued its advance in early 2009, and had gained control of Mullaitivu, the last big town held by the LTTE, by late
January. With thousands of civilians trapped in the remaining patch of rebel territory, fighting proceeded slowly, but in a decisive final
battle over a small strip of coastal land in May, government forces killed the Tigers’ leadership, including founder Velupillai Prabhakaran.
An official end to the war was declared on May 9. At least 100,000 people had been killed in the 26-year conflict. According to the
South Asia Terrorism Portal, a total of 15,565 people (including 11,111 civilians, 1,315 security force personnel, and 3,139 LTTE
militants) were killed in 2009 alone.
Approximately 300,000 civilians were displaced during the final phases of the war, and many of those were interned in government-run
camps. They faced severe food shortages and outbreaks of disease. While the government promised that internally displaced persons
(IDPs) would be released and resettled by the end of the year, it initially limited aid groups’ access to the camps, with the primary aim of
screening all residents for any rebels hiding among them. The safe return of IDPs to their homes was also hampered by the large number
of mines laid across the conflict zone by both sides. In late November, under considerable pressure, officials announced that the IDPs
remaining in the camps would be allowed to come and go somewhat more freely. Nevertheless, more than 100,000 IDPs remained in the
camps at year’s end. Thousands more had left the camps, but were unable to return to their homes due to damage caused by the fighting
as well as danger from mines.
In August, local elections were held in the northern cities of Jaffna and Vavuniya for the first time in more than a decade, though the
Jaffna campaign was marred by accusations of intimidation. The UPFA won a majority of the 23 seats in the Jaffna municipal council,
while the Tamil National Alliance (TNA) secured the largest share of seats in the Vavuniya council. Further normalization occurred with
the reopening of the A9 Jaffna–Kandy highway, the only land route connecting the capital with the northernmost part of the country.
The All-Party Representatives Committee (APRC), which had been convened years earlier to build political consensus on measures
aimed at resolving ethnic grievances, remained deadlocked throughout 2009 on the issue of devolving powers to the provinces as
envisaged in the 13th amendment to the constitution. Rajapaksa’s SLFP and its allies opposed giving increased authority to the provinces.
Separately, Karu Jayasuriya, the public administration and home affairs minister, resigned and rejoined the opposition UNP in December,
citing the government’s continued failure to reestablish the independent appointments process laid out in the 17th amendment.
The SLFP strengthened its political position ahead of the 2010 parliamentary elections by drawing a number of senior TMVP defectors,
including Karuna himself, into its ranks, despite the fact that the TMVP was a fellow member of the ruling UPFA coalition. Karuna
received a noncabinet post in the government as national integration and reconciliation minister, and tensions continued to grow between
him and Pillayan, leading to the risk of violence between their respective factions. Meanwhile, in addition to its municipal election win in
Jaffna, the UPFA recorded landslide victories in local elections held in Central and North-Western Provinces in February, as well as
provincial elections held in April and August, respectively, in the traditional UNP strongholds of Western Province and Uva Province.
The victories were seen as a public endorsement of the government’s military successes.
Buoyed by this voter support, the government continued to crack down on dissent after the end of the war, harassing prominent
journalists and human rights advocates as well as international critics. Rajapaksa also called for the presidential election to be held nearly
two years early, in January 2010. However, in a surprise move, General Sarath Fonseka resigned as head of the armed forces and
declared his candidacy on behalf of an opposition coalition in December. At year’s end, both main candidates were engaged in a heated
campaign, trading charges of fraud, nepotism, and misconduct.
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Sri Lanka urged to ensure safety of detained former asylum-seekers
3 September 2010
Amnesty International has called on the Sri Lankan government to ensure the safety of three men who have been tortured and jailed
following their forced return from Australia in 2009.
Two of the men, Sumith Mendis and Lasantha Wijeratne, were transferred to a hospital to be examined by a judicial medical officer on 1
September amid claims that they were beaten and tortured following an alleged new attempt to migrate to Australia. It is not clear if they
are still in hospital or have returned to prison.
All three are at risk of further abuse from guards and prisoners when they are returned to prison where Sumith's brother, Indika, is
already being held.
"This is an appalling situation that calls into question the actions of both the Sri Lankan and Australian governments," said Madhu
Malhotra, Amnesty International's Deputy Director for Asia.
"Both governments are culpable in the forced return and mistreatment these men have endured, and both must bear responsibility for the
results of their policies and procedures."
Sumith Mendis and Indika Mendis were detained in 2009 at the Christmas Island detention centre after the boat they were crew
members on was stopped by Australian authorities and found to be carrying Sri Lankan asylum-seekers.
They were deported to Sri Lanka and promptly arrested and handed over to the Central Investigative Department (CID).
Sumith Mendis was released, but Indika Mendis was tortured in CID custody, sustaining severe ear injuries before being transferred to
the notorious Negombo prison where he was held for eight months.
On 14 August 2010, the brothers were arrested again, apparently on suspicion that they were again planning to migrate to Australia.
Sumith Mendis was then tortured by the CID for six days, experiencing beatings and psychological abuse.
On 22 August, the brothers were taken to Negombo prison, along with Lasantha Wijeratne, another Sri Lankan who had also been
deported from Australia and tortured in custody.
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Sri Lanka is still denying civilian deaths
All attempts to investigate atrocities in the Tamil Tiger conflict have been stifled, despite promises made to Ban Ki-moon
by Peter Bouckaert, Emergencies Director
Published in: The Guardian
September 5, 2010
During the Vietnam conflict, the US military developed some creative ways to increase the numbers of Viet Cong insurgents it claimed to
have killed. "If they're dead, they're Viet Cong," meant that any Vietnamese killed by American soldiers would automatically count as
enemy fighters.
Sri Lanka's defence secretary, Gotabhaya Rajapaksa, has taken such creative accounting to new heights. The United Nations reported
that at least 7,000 civilians were killed and tens of thousands wounded during the final months of the brutal conflict with the Liberation
Tigers of Tamil Eelam, which ended in May 2009. But Gotabhaya has repeatedly cast aspersions on the idea that there were any civilian
casualties.
In his recent statement, before a Sri Lankan commission looking at lessons learned from the war, Gotabhaya claimed that injured Tigers
"changed their uniforms into civilian clothes" and that the Tigers must have suffered at least 6,000 dead and 30,000 injured - suggesting
those counted as civilian casualties were really just Tamil Tiger fighters who had shed their uniforms.
As for the widespread war crimes and human rights abuses by both sides reported both during and after the conflict by various UN
agencies, the US state department and human rights organisations, the defence secretary seems to be suffering from severe amnesia. He
told the Lessons Learned Commission: "No complaints about human rights violations or abuses by the army were brought to my notice.
None at all."
Despite the promises made by President Mahinda Rajapaksa to UN secretary general Ban Ki-moon in June 2009 to investigate wartime
atrocities, as well as Sri Lanka's international legal obligations to investigate alleged laws of war violations, the president and his brothers
in power have not lifted a finger to do so. The president often appears stunned when other governments both praise the government's
victory yet insist on accountability for laws of war violations.
Gotabhaya also proclaimed that the military operation was a really a "humanitarian intervention" in which "we took great care to avoid
[endangering] civilians ... our military had to stop operations and give protection to people, food convoys." In practice, however, rather
than protecting civilians, the government blocked access by humanitarian organisations. The International Committee of the Red Cross
complained publicly that it was unable to reach those most in need.
There are genuine concerns that the Lessons Learned Commission will serve only to whitewash allegations of serious abuses, and that its
conclusions will be used to brush off calls for an international investigation. The panel's mandate is deliberately limited: its main
responsibility is to understand the reasons for the collapse of the 2002 ceasefire agreement, and there is no express mandate to
investigate laws of war violations.
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Monday, 27 September 2010 13:02
"H.E. The President,Mr. Mahinda Rajapakse,addressed the 65th Session of the UN General Assembly"
Mr. President
Over the past year, much has been reported and much has been said regarding my country’s liberation from terrorism. However, far less
has been said of the suffering we had to undergo and the true nature of the enemy we have overcome.
The rapidly forgotten truth is that we had to face one of the most brutal, highly organised, well funded and effective terrorist
organisations, that could even spread its tentacles to other countries.
Many of the atrocities of terrorism that the West has come to experience in recent times, the people of Sri Lanka were themselves the
victims of, for nearly 30 years, losing almost one hundred thousand lives, among them being a President of Sri Lanka, a visionary leader
of India and scores of intellectuals and politicians.
The LTTE was an organisation so brutal, that even those it claimed to represent, the Tamil community of Sri Lanka, were as much
victims of its terror as the rest of the population of our country.
Those who observing from afar, suggested that the Sri Lankan government should have conceded to the demands of the terrorists, need
to be reminded that terror is terror, whatever mask it wears and however it is packaged. To all those, I say this. My responsibility is to
the entire nation. My responsibility is to the lives of millions of men, women and children, and those yet to be born. My responsibility is
to the peace and prosperity of the nation and the right to a peaceful life for all who live there.
In this context, it is worth examining the capacity of current international humanitarian law to meet contemporary needs. It must be
remembered that such law evolved essentially in response to conflicts waged by the forces of legally constituted States, and not terrorist
groups. The asymmetrical nature of conflicts initiated by non-state actors gives rise to serious problems which need to be considered in
earnest by the international community.
The entire focus of our nation, is now on building a lasting peace; healing wounds, ensuring economic prosperity and guaranteeing the
rights of the whole nation to live in harmony. We are mindful that in order to fulfil these aspirations, economic development and political
reconciliation must go hand in hand. Towards this end, constitutional changes which appropriately reflect aspirations of our people will
be evolved with the full participation of all stakeholders.
We believe that for the rebuilding and healing of our nation to succeed, the process must evolve from within. If history has taught us one
thing, it is that imposed external solutions breed resentment and ultimately fail. Ours, by contrast, is a home grown process, which
reflects the culture and traditions of our people.
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United States wants Sri Lanka’s Presidential Commission to Identify those responsible for war crimes
Mon, 2010-10-04
Daya Gamage – US National Correspondent Asian Tribune
San Diego, California. 04 October (Asiantribune.com):
Obama White House and Hillary Clinton’s State Department is sending a message to Sri Lanka through assistant secretary Robert Blake;
The Rajapaksa government-established Lessons Learnt and Reconciliation Commission should identify those responsible for the serious
violation of international humanitarian laws that occurred in the final stages of the conflict with the separatist Tamil Tigers.
Mr. Blake made this “expressed view of the United States” when he addressed the World Affairs Council in San Diego in California on
Thursday, September 30.
Mr. Blake, the senior official who handles affairs of South Asia for the State Department and White House, was serious when he
declared in San Diego that Sri Lanka, through the Presidential Commission, “must investigate and ensure justice for war crimes.”
Following is Robert Blake’s direct quote from his address to the San Diego World Affairs Council:
“To ensure lasting reconciliation, Sri Lanka must investigate and ensure justice for the war crimes and serious violations of international
humanitarian law that human rights and other groups allege occurred in the final stages of the conflict. The Government has established
a Lessons Learnt and Reconciliation Commission that is now holding hearings on these matters. The U.S. has welcomed this
commission, and expressed our hope that it will probe violations of international humanitarian law, identify those responsible and make
appropriate public recommendations.”
Following is the full text of what Mr. Blake said before the San Diego forum giving several signals to Sri Lanka some of which are direct:
“Sri Lanka, the news is more mixed, but the future holds promise. In May 2009, the Sri Lankan government achieved a milestone few
thought possible, by defeating the Liberation Tigers of Tamil Eelam, one of the world's most deadly terrorist organizations, ending nearly
three decades of conflict that had cost tens of thousands of lives.
“Sri Lanka is a country to which I feel a special attachment. I served as Ambassador there for three years from 2006 to 2009 and
witnessed the resumption and end of the conflict. I have returned to Sri Lanka several times since the end of the war and observed a
renewed sense of purpose among its people.
“The end of Sri Lanka's conflict has brought impressive dividends. Sri Lanka's stock market has risen an astounding 150 percent in the
last 15 months, the highest performing stock market in Asia. But economic dividends will not by themselves heal the wounds of war and
secure lasting peace and prosperity for Sri Lanka. A range of humanitarian, political and other steps must be taken to ensure the Tamils
of Sri Lanka a future of hope, opportunity and dignity.
“On the humanitarian front, most of the three hundred thousand Tamils who had been displaced by the fighting in the North have been
permitted to leave temporary camps and begin to reestablish their lives. The United States has been a leader in providing $89 million in
food and other humanitarian aid for the internally displaced and additional assistance for demining so the IDPs can return to their villages
and homes. We also have provided $25 million to catalyze new private sector partnerships and agricultural development to provide
livelihood opportunities for the inhabitants of the North. It will now be important for the Government to work with the Tamil community
to organize local and Provincial Council elections as soon as possible so that a new, freely elected indigenous leadership can emerge in
the North for the first time in almost thirty years.
“Finally, to ensure lasting reconciliation, Sri Lanka must investigate and ensure justice for the war crimes and serious violations of
international humanitarian law that human rights and other groups allege occurred in the final stages of the conflict. The Government has
established a Lessons Learnt and Reconciliation Commission that is now holding hearings on these matters. The U.S. has welcomed this
commission, and expressed our hope that it will probe violations of international humanitarian law, identify those responsible and make
appropriate public recommendations.
“Having defeated one of the most murderous terrorist groups in the world, President Rajapaksa now has an historic opportunity to build
a tolerant, multi-ethnic democracy in Sri Lanka that will bring lasting peace and unprecedented prosperity.”
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Sri Lanka’s Parliamentary Council to be set up within one month
Mon, 2010-09-06
Sri Lanka’s ruling United Peoples Freedom Alliance (UPFA) is hopeful of setting up a Parliamentary Council within a month after the
enactment of the Eighteenth Amendment to the Constitution.
It is expected that the 18th Constitutional Amendment Bill is to be taken up for its historic vote this Wednesday, the Constitutional and
the Council set up by the Seventeenth Amendment will be abolished. Government had also decided to set up the Public Services
Commission before the end of September, Asian Tribune learns.
As per, Article 41A (1), the President shall seek the observations of the of the Speaker, the Prime Minister, the Leader of the Opposition;
two Members of Parliament nominated each by the Prime Minister and the Opposition Leader, when appointing Chairpersons and
members of the Commissions listed in Schedule I and when appointing persons to offices listed in Schedule II.
The commissions listed are the Election Commission, Public Service Commission, National Police Commission, Human Rights
Commission of Sri Lanka, Permanent Commission to Investigate Allegations of Bribery and Corruption, Finance Commission and
Delimitation Commission. (Under 17th Amendment Finance Commission and Delimitation Commission were not under the purview of
the Constitutional Council).
The public offices listed under Schedule II are the Chief Justice and the Judges of the Supreme Court, the President and the Judges of
the Court of Appeal, Members of the Judicial Service Commission (other than the Chairman) and the Attorney- General, Auditor –
General, Parliamentary Commissioner for Administration (Ombudsman), and the Secretary - General of Parliament.
Under Article 41 A (2) of the Bills, the five Members referred to above shall still stand to act for the purposes of this Article,
notwithstanding the dissolution of Parliament. The Members are required to convey to President their observations on the persons
proposed by him (the President) for such appointments, within a period of one week from the date of such communication. If such
persons fail to communicate their observations to him within the specified period, the President shall forthwith proceed to make the
aforesaid appointments.
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Mahinda Rajapaksa
President since 19 November 2005
Current situation: Sri Lanka is a source and destination country for men and women trafficked for the purposes of involuntary
servitude and commercial sexual exploitation; Sri Lankan men and women migrate willingly to the Persian Gulf, Middle East, and
East Asia to work as construction workers, domestic servants, or garment factory workers, where some find themselves in
situations of involuntary servitude when faced with restrictions on movement, withholding of passports, threats, physical or sexual
abuse, and debt bondage; children are trafficked internally for commercial sexual exploitation and, less frequently, for forced labor
Tier rating: Tier 2 Watch List - for a second consecutive year, Sri Lanka is on the Tier 2 Watch List for failing to provide
evidence of increasing efforts to combat severe forms of human trafficking, particularly in the area of law enforcement; the
government failed to arrest, prosecute, or convict any person for trafficking offenses and continued to punish some victims of
trafficking for crimes committed as a result of being trafficked; Sri Lanka has not ratified the 2000 UN TIP Protocol (2008)




Mahinda Rajapaksa
President since 19 November 2005