A victorious struggle against intimidation

Timeline

Country Information

SUNILA ABEYSEKERA: PEACE CAMPAIGNER ON A WAR-TORN ISLAND
Interview by Ethirajan Anbarasan, UNESCO Courier journalist
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Sunila Abeysekera, flanked by UN High Commissioner for Human Rights Mary Robinson, receives a UN Human Rights award from Secretary-General Kofi Annan.







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The war has left scars in northern and eastern Sri Lanka.







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On May 18, 1999, demonstrators outside the office of Sri Lankan President Chandrika Kumaratunga demand the release of all prisoners of war and the opening of peace talks.






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In June 1999, women in Chemmani village carry pictures of their missing loved ones as excavations begin at a common grave nearby.





A victorious struggle
against intimidation

Intimidation is nothing new to 46-year-old Sunila Abeysekera, the Executive Director of INFORM, a leading Sri Lankan human rights organization set up in 1989. In 1988, when she was several months pregnant, death threats forced her to flee the country and seek refuge for a brief period in the Netherlands.
Her “crime” was to persistently demand accountability for human rights abuses and action against perpetrators of human rights abuse, regardless of their rank or position. She was on the hit list of the Janata Vimukti Peramuna (JVP), a militant leftist movement, in the mid-1970s, soon after her expulsion from the group. Her bold criticism of the movement’s activities and a call for democracy and justice within the group had aroused the wrath of some senior members. But she weathered the storm and continued to work on her own for civil rights. “When everyone is criticizing you, then you are doing the right thing,” Abeysekera says.
She was among the few members of the majority Sinhala community who established direct contact with Tamil women in the north and east of Sri Lanka after the outbreak of ethnic conflict in 1983. Working closely with her father, Charles Abeysekera, she highlighted human rights violations perpetrated by security forces under the guise of the Prevention of Terrorism Act and emergency rule in the country’s Tamil-dominated north and east.
The Sri Lankan human rights situation attracted international attention after human rights NGOs in Sri Lanka, including INFORM, began to participate in the annual sessions of the UN Human Rights Commission in Geneva from 1992 onwards. Abeysekera’s consistent presence at international human rights fora and the international focus she has brought to the human rights situation in Sri Lanka have helped to bring about some improvements. At the parliamentary elections in 1994 Sri Lankan political parties were forced to pledge that they would give top priority to improving the human rights situation if elected to office. “Though the promise has yet to be fulfilled, at least they recognized that there is a problem,” she says.
Abeysekera, a mother of two, now lives in Colombo, working with INFORM and many other human rights and women’s rights groups seeking peaceful and democratic change in Sri Lanka.

UN human rights awards
On December 10, 1998, Sunila Abeysekera was honoured by the United Nations for her outstanding contribution to the struggle for human rights. With Angelina Acheg Atyam of Uganda, Jimmy Carter of the United States, Jose Gregori of Brazil, and Anna Sabatova of the Czech Republic, she received a UN Human Rights Prize at one of a series of events held at UN Headquarters in New York to mark the 50th anniversary of the adoption of the Universal Declaration of Human Rights.
Honorary in nature, the Human Rights Prizes were instituted by the General Assembly in 1966 and awarded for the first time in 1968 on the occasion of the commemoration of the 20th anniversary of the Universal Declaration of Human Rights. Since then, the prizes have been awarded in 1973, 1978, 1988 and 1993. Previous awardees include Nelson Mandela, Eleanor Roosevelt, U Thant and Dr Martin Luther King, Jr.






Timeline

• 1948
Sri Lanka gains independence from Britain.
• 1978
An amendment to the constitution changes the parliamentary form of government to a French-style presidential system. The popularly elected president is head of state, chief executive, and commander in chief of the armed forces.
• 1983
The Liberation Tigers of Tamil Eelam (LTTE), an armed guerrilla movement fighting for a separate homeland for Tamils, ambushes an army convoy killing 13 soldiers and triggering anti-Tamil riots all over the country in which more than 2,500 people are killed. In the ensuing ethnic crisis half a million Tamils leave the country to seek refuge in India and elsewhere.
• 1987
India and Sri Lanka sign an accord to bring an end to the conflict. An Indian Peacekeeping Force (IPKF) is sent to the island to end the hostilities and supervise surrender of arms by the Tamil militants.
• 1989
After a year-long battle with the LTTE, the IPKF returns to India. Soon after, the second “Eelam war” breaks out between government forces and the LTTE.
• 1991-92
The Sri Lankan government allows a visit by the United Nations Working Group on Enforced or Involuntary Disappearances.
• 1993
President Ranasinghe Premadasa is assassinated by a suicide bomber. Prime Minister D.B. Wijetunge is elected president.
• 1994
The People’s Alliance (PA), a coalition of parties headed by the Sri Lanka Freedom Party (SLFP), wins the parliamentary elections and forms a goverment. The leader of the PA, Chandrika Bandaranaike Kumaratunga, is sworn in as president after winning elections in November.
• 1995
Failure of peace talks between Tamil rebels and the government. The LTTE launches major attacks against armed forces triggering the third Eelam war.
• 1997
Sri Lanka ratifies the Optional Protocol to the International Covenant on Civil and Political Rights and establishes a permanent national Human Rights Commission (HRC) with a mandate to investigate human rights violations, including “disappearances”.





COUNTRY INFORMATION

Name: Democratic Socialist Republic of Sri Lanka
Area: 65,610 sq.km
Capital: Colombo
Population: 18.2 million (Sinhalese 74%, Tamil 18%,
Muslim 7%)
Languages: Sinhala, Tamil, English
Religions: Buddhism, Hinduism, Islam, Christianity
Currency: Sri Lanka rupee
($1 = 70 Sri Lanka rupees)
Literacy rate: 90%
GDP: $716 per capita
President: Chandrika Kumaratunga

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Sri Lanka

Defying threats to her life, a UN award-winning Sri Lankan human rights activist has brought abuses in Sri Lanka to the attention of the international community (see box)

According to a recent United Nations study, Sri Lanka is the country with the second highest number of disappeared people in the world.1 And yet there seems to be hardly any debate within the country about human rights violations. Why is this?
One of the biggest tragedies of Sri Lanka today is the existence of a culture of fear in both the majority Sinhala and the minority Tamil societies. Ethnic conflict (see timeline) and the war against Tamil militants have heavily militarized the society. In the last three decades, people in the north and east of the island have lived under the Sri Lankan army, the Indian Peacekeeping Force (IPKF) and different Tamil militant groups. Both inside and outside the conflict zones, civilians are used to living under difficult conditions, with official and unofficial curfews, house-to-house search operations, arrests, torture and detention as part of their everyday experience. Some civilians who openly spoke out against the violence and terror have been killed publicly by the army or by the militants. So there has been no way civilians could talk about human rights violations.
In the south, the situation is not much different. Thousands of Sinhala youths died when the government tried to suppress an insurgency launched to oppose the Indo-Lanka peace accord of 1987. In the years between 1987 and 1990, piles of bodies burning along the roadside became a common sight. Both the army and the insurgents were responsible for those massacres and disappearances.
In the context of such experiences, civilians in Sri Lanka fear that if you raise your voice against injustice, the punishment will be nothing less than death. Not intimidation, assault or imprisonment, but a very brutal death. Even today, people are being abducted, detained and tortured by the security forces and by para-military and militant groups. The culture of fear has given rise to a culture of silence. People are still afraid to talk about what happened between 1987 and 1990, or about what is going on today. Under existing conditions we cannot expect civilians to come forward to talk about the human rights abuses of the past and present. The challenge facing civil society in Sri Lanka now is how to break this culture of silence.

Although there has been extensive loss of life in the conflict in Sri Lanka, the international community has not taken a particularly
strong line on this issue. What do you feel about this?
According to our estimates more than 100,000 people have been killed in Sri Lanka in the last two decades. It is a pity that our successive governments as well as the Tamil militant groups have not made sincere efforts to find a peaceful solution. If the international community had shown a little more interest and put pressure on the Sri Lankan government and the Tamil rebels, I think there could have been a negotiated settlement by this time.
Although Sri Lanka is in a state of war, the country continues to receive Western development aid. This money is supposed to be used for relief, reconstruction and rehabilitation. But how is it possible to undertake development work in the midst of a war? Probably, Western countries consider the Sri Lankan situation as a manageable conflict. If the situation becomes unmanageable, as in Kosovo or Rwanda, then I think there may be some kind of initiative.
In my view, there is also an element of racism and neo-colonialism involved in the West’s lack of interest in the Sri Lankan situation. If one white person had been abducted or killed in Sri Lanka, then the Western countries would have reacted differently. These are brown people killing brown people in a faraway country. Why should the West bother?

A few years ago, the Sri Lankan government formed commissions of inquiry to look into the disappearance of civilians and human rights violations. What have these led to?
In the 1990s, human rights groups in Sri Lanka and abroad launched a huge public campaign demanding an inquiry into the reported disappearance of over 42,000 people. As a result, the government formed a Presidential Commission of Inquiry (PCI) in 1992 to investigate the complaints. Since then there have been several other commissions on disappearances.
Thousands of families of the disappeared testified before the PCIs, which in turn submitted reports to the president. But the commissions lacked powers to initiate legal action against those found guilty. None of the reports has been made public so far. All the reports are lying with the presidential secretariat. Only the president has the authority to submit them to parliament.
In 1998, because of considerable pressure from the United Nations Human Rights Commission, civil society, the media and the international community, the government said it had initiated action against about 100 policemen who were implicated by the disappearances commission for the Central Province of Sri Lanka. This resulted from a list of over 1,000 complaints. Only one of the accused was a senior officer. The rest were junior officials.
Human rights groups have been calling for the commission to investigate further and expose those higher officials and politicians who actually gave orders for these abductions and killings. In the context of the on-going war, one has to understand the dependence of the political structures on the security machinery. From the state’s point of view (not from mine), you can perhaps even justify formal impunity, but there cannot be a total denial of the reality of what has happened in Sri Lanka. If found guilty, politicians should be barred from holding public office and from contesting elections. This demand is not unprecedented. There are many examples, including Argentina, Chile, Guatemala, and El Salvador, of countries where various commissions named political bosses for human rights abuses.
Human rights groups were also successful in forcing the Sri Lankan government to allow a visit by Amnesty International and then by the United Nations working group on disappearances in 1991. That was the first time that the government recognized that there had been disappearances. It was a major breakthrough for the human rights movement in the country.
Sri Lanka has been witnessing violence for the last three decades. What impact has this had on women and how have they responded?
Women and children are the first victims of any kind of conflict. In Sri Lanka thousands of families have been displaced from the north and east due to the violence. Men either join the army or the militant groups. The third option for them is to leave the country. It has been up to the women to keep families together and to take care of the children. There are about a million displaced people within Sri Lanka and most of them are women and children.
Many of these displaced women live in pitiful conditions in government-run camps. Because there is a shortage of food, clothing, medicine etc., they are forced to take up small-time jobs elsewhere. But they are not safe in their workplaces. The women are subjected to a lot of sexual harassment. As a result of the heavy militarization of the society, the incidence of violence in the north and south, particularly sexual violence against women, has increased alarmingly.
Communities are deeply divided by the conflict, and men respond by imposing more restrictions on women. This applies to Sinhala, Tamil and Muslim women. On the one hand, the conflict pushes women to become wage earners and to assume responsibility for the survival of their families. On the other hand, they are expected to conform to traditional values and safeguard the “image” and “identity” of the community.
Also, both the army and the militants recruit women for their forces. Some of them are even used as suicide bombers. This also has an impact on attitudes towards women in a society as traditional as ours. In a South Asian society, the fact that women receive military training and handle arms challenges existing attitudes towards women and images of them. This has both a negative and a positive impact.
At the same time, we also find women’s groups playing an active role in fighting for peace and human rights. In 1986, the arrest of around 600 Tamil boys led to the creation of the “Mothers’ Front”, which organized protests in the streets of the northern town of Jaffna. They broke the barriers of a silence of many years, and paved the way for a renewed activism for human rights. Since then, women of all communities have come together in organizations seeking justice for disappearances and working for peace and reconciliation in a very critical way.

Conservative groups argue that by claiming equal rights for women, feminist groups are destroying ancient culture and tradition. Do you agree?
In South Asia we have this burden of an ancient past. All our political and nationalist movements have focused on the fact that we are people with a great heritage and a great civilization. There is no doubt that we have inherited from the past certain noble values which need to be protected. But how can you use religion and culture to justify discrimination against people on the basis of gender, religion and caste?
The conservatives’ hold over society rests on their ability to wield control over women. More than ever before in history women have become the markers of the culture and traditions of a community. The easiest way to measure this is by looking at how a community imposes a dress code on women. We find stricter dress codes for women now than in the past. I think we are living in a society that’s becoming increasingly fundamentalist and puritanical.
Conservatives quote religion as an excuse to retain their control over women. I strongly believe that religious practices in South Asia have nothing to do with the philosophical framework offered by different religions, including Islam, Hinduism and Buddhism. They have to do with male religious leaders who interpret religious texts to suit their convenience.
The increased participation of women in the economic and political life of society is a challenge to existing cultural and traditional barriers. For example, the concept of the family is slowly being eroded as a result of economic and social changes that are beyond the control of any individual. Women are becoming independent, and men’s role and the male hold over the family and society are being challenged by the processes of globalization. Hence there is criticism of women’s claims for equal rights and equal treatment.

What role have peace movements and human rights groups played in Sri Lanka?
Human rights and peace movements have been trying to create a small space within a heavily militarized society. They work closely with the media, academics and cultural workers to spread the ideas of peace and civil rights. We hope that as an influential community within society they will have the courage to speak out.
In 1998 we saw the emergence of two alliances of non-governmental organizations working for peace and a negotiated solution to the ethnic conflict. One is the National Alliance for Peace (NAP), consisting of representatives from Tamil, Muslim and Sinhala communities, and the other is the Interreligious Alliance, which includes Catholic and Anglican bishops and Buddhist monks. Together they visited several areas of the north and the central provinces in 1998 and also held talks with the Tamil militants.
A big rally was organized in Colombo in February this year by the two groups. For the first time we had Hindu, Christian and Buddhist clergy on the same platform and all of them spoke of the need for peace. This is a very positive development. There is a growing realization that you have to negotiate with the Liberation Tigers of Tamil Eelam (see timeline, opposite page) in order to move towards any kind of democratic and peaceful settlement of the ethnic conflict in Sri Lanka. This kind of intervention is small but critical at a moment when ordinary citizens are afraid to talk.

It can’t be easy to be a human rights activist in a heavily militarized society. . .
You are right. When I started working on human rights two decades ago it was not easy. One is regarded as a trouble-maker, sometimes as a traitor. Questioning the role of the government and of the different political actors in destroying democratic structures and creating a militaristic environment led to attacks from all sides.
In general, human rights activists in Sri Lanka are working under extreme pressure. Human rights abuses are committed by many actors, and we must be critical of all of them. Training people to document human rights abuses, bringing cases before the law, providing support for victims, all this is a part of our work. Monitoring and intervening in human rights abuses in the north and east is especially difficult. We do not easily acquire permission to visit areas under the control of the militants. If there are reports of human rights abuses in those areas, we go at the risk of our lives. We are barred from having direct contacts with the Tamil militants because of the Prevention of Terrorism Act (PTA), which makes our work even more difficult.
Over the years, we have built up a good network of groups all over the country–peace committees, religious groups, community organizations and women’s groups–who send us information and provide support.
Some individuals living in the troubled areas pass on information to us. If necessary, they travel to neighbouring areas on fact-finding missions, sometimes risking their lives.

Apart from attracting international attention
to disappearances, what are your achievements in human rights work?
I consider my consistent involvement in various campaigns over the last 20 years and acceptance by different networks of grassroots organizations and movements, both Sinhala and Tamil, as itself a major achievement. The UN award, I feel, is a symbolic vindication of the work I have done all these years.
Our group, INFORM, co-ordinates with many other groups and organizations in launching human rights campaigns. In 1997, we were part of a campaign calling for action against soldiers who raped and killed a Tamil schoolgirl, Krishanti Kumaraswamy, while she was in custody. Her mother, brother and a neighbour who went looking for her were also murdered. The persistent demands finally forced the government to initiate legal proceedings against the suspects. Six of the accused were sentenced to death in 1998. That was a landmark verdict and was the first time there had been some kind of prosecution against army personnel. I think the credit should go to all the human rights groups.

What are the chances of reconciliation after 20 years of ethnic conflict?
That’s a difficult question. As a human rights activist I can say that it is possible for all communities in Sri Lanka to live together with dignity and respect. To achieve that, leaders of all communities should come forward to make a new beginning through the processes of forgiveness and reconciliation.
There should be an acceptance that all sides have committed horrendous crimes. Then we have to move beyond that. If people are going to dwell on the past, then there can be no solution. We have come out of a particularly bad and horrifying period in our history. The older generation from all the communities still remember how they lived together happily in the past. It is the younger generation which has witnessed war, separation and suffering. If the situation is allowed to drift, then there is no chance for peace in Sri Lanka.
We all know that even if the war comes to an end tomorrow, peace will not return unless the people from all communities are willing to accept the past, forgive each other and go back to living together. For this we need a new democratic political structure and legal safeguards for the rights of all communities.


1. The United Nations Working Group on Enforced or Involuntary Disappearances says that over 12,000 Sri Lankans have gone missing since 1980 after being detained by security forces. Only Iraq, with 16,384 missing persons, had more cases of disappearances. The Sri Lankan government estimates the number of disappeared persons at around 17,000, while Sri Lankan human rights groups say more than 42,000 people have disappeared in the last two decades.

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