Photographs: Groundviews

More than 290 war affected community members from across the Tamil North-East have called for the United Nations to “become a partner to build the transitional justice efforts of Sri Lanka” stating that the current government has failed in its obligations.

“The government has failed to show transparency and genuineness in carrying out the national consultation,” said an open appeal addressed to UN High Commissioner for Human Rights Zeid Al-Hussein, released at the Vavuniya Urban Council Cultural Hall on Tuesday.

“The government is forcing their plans upon us without considering the importance of participation and contribution of the affected communities in creating reconciliation bringing about a lasting solution to the ethnic divide”, it added. “Therefore, we have lost faith in the Sri Lankan government’s efforts in carrying out the transitional justice process.”

Tamils who have been displaced from their homes for decades have written to the United Nations human rights chief, urging him to appoint an expert panel to “monitor and report the progress on resettlement, relief, and restoration of the sociopolitical and economic structures”.

In a letter written to the High Commissioner for Human Rights Zeid Al-Hussein, Tamils from Valikamam North in the Jaffna district said that the Sri Lankan military continues to occupy their houses.

“They are cultivating our lands and are involved in other economic activities,” said the letter. “Only the buildings that is being used by the military survived.”

Noting that the current Sri Lankan government had many several pledges to release land occupied by the military, the displaced group added that “however, there were no positive indications by the government to uphold the promises”.

“While measures to release lands are deliberately slow, work on acquiring lands for the expansion of the Palaly airbase and military requirement is taking place rapidly,” it said.
“The people became increasingly frustrated and began a fast unto death campaign and once again the President reassured that the people will be resettled soon. The timeframe given for resettlement has long expired and we have lost faith in the government. Therefore, we look to the international community to ensure our resettlement.”

The Sri Lankan army continues its surveillance and interference in released land, local sources report.

A barricade, with at least one soldier keeping surveillance, went up in Kankesanthurai the day after the use of another army check-point was discontinued.

The United Nations Human Rights Chief Prince Zeid Al Hussein, stressed that the “government had not moved fast enough with tangible measures to build confidence among victims and minority communities” adding “ there are anxieties that the full promise of governance reform, transitional justice and economic revival.”

Addressing the Human Rights Council with an interim update on Sri Lanka’s progress at implementing resolution 30/1 on reconciliation and accountability, Mr Hussein said,

“I remain convinced the international participation in the accountability mechanisms, as stipulated in the Human Rights Council’s resolution, would be a necessary guarantee for the credibility, independence and impartiality of the process in the eyes of victims given the magnitude and complexity of the alleged international crimes, which the OHCHR investigation could amount to war crimes and crimes against humanity.”

Mr Hussein added that consultation processes must allow for victims “on the participation of international actors” and with a view to “shaping the design of transitional justice programmes”

Noting that “military presence in the North and east remains heavy,”  he added, “ A culture of surveillance and, in certain instances, intimidation also persists. These point to a deeper challenge for the Government in asserting full control over military intelligence establishment.”

Suggesting that the council should be encouraged by Sri Lanka’s steps so far, the Human Rights Chief caveated,  “continuing allegations of human rights violations must be swiftly addressed and the structures and institutional culture that promoted those practices be dismantled, to show there will be no tolerance for practices of the past.”

An advanced version of the High Commissioner for Human Right’s oral update released on Monday, called on Sri Lanka's government to take concrete “steps to address impatience, anxiety and reservations towards the process,” noting that “international participation in the accountability mechanisms would be a necessary guarantee for the independence and impartiality of the process.”