Measuring change in Sri Lanka our

yardstick after 100 days

by Campaign Director | Apr 23, 2015 | Uncategorised |

Shortly after the

election of President Maithripala Sirisena
and the appointment of Prime Minister
Ranil Wickremasinghe we published
our yardstick for change a series of tests
which would allow people to determine
Jeyakumary Balendarans release was the human rights
what is changing in Sri Lanka, and what is
highlight of the 100 days
staying the same.
Today marks 100 days since that election
and the culmination of President Sirisenas 100 day plan. In the days to come
there will doubtless be much analysis of the extent to which the hundred day plan
has succeeded and failed. We are not going to comment on these issues; those in
Sri Lanka would be much better able to do so.
However, the time is right to revisit our yardstick and to use it to make some
preliminary judgements as to how much has changed in Sri Lanka.
A simple traffic light scoring system has been used:
Green indicates significant progress (i.e. substantive positive change even if the
end result is far from perfect.)
Amber indicates some progress (i.e. some steps taken but much more work
needed)
Red no progress (i.e. no meaningful attempt to effect change)
Of the 30 tests we outlined the Government of Sri Lanka has demonstrated
significant progress in 4 areas, some progress in 5, and no substantial progress in
21.
While it is still early days one would have hoped for more meaningful progress by
now. Though some of these issues are exceedingly sensitive and complicated, and
will take time to address thoroughly, others such as a formal confirmation of the
number of LTTE cadres in rehabilitation, or the release of political prisoners
could happen immediately. Here, and with regards to some of the troubling

statements on militarisation and accountability, the issue appears to not be time

or political capital but merely inclination.
It is also clear that the Government of Sri Lanka is far less willing, or perhaps able,
to conduct reforms when it comes to issues in which the military has a significant
influence such as militarisation, accountability, and what it perceives to be issues
of national security. This suggests that while sections of the Sri Lankan
Government may be open to the idea of reform, elements of policy still remain in
the hands of a deeply embedded security apparatus whose attitude has not
changed since the days of the previous regime.
Moreover the fact that the issues upon which progress has been limited
disproportionately affect the Tamil community is likely to damage prospects for
reconciliation. This further advances the case we have recently made that
survivors needs must drive the reconciliation process.
More positively, it is clear from the release of Jeyakumary, from the visit of the
UN Special Rapporteur, from the lifting of travel restrictions that pressure from
the international community has a decisive role to play in helping to effect positive
change in Sri Lanka. The need for the international community to maintain its
interest in Sri Lanka, and push the Sri Lankan Government towards meaningful
reform has never been more evident.
The tests, by category:
The release of political prisoners
Has Jeyakumary Balendaran, a mother of one of the disappeared against whom
no evidence has been produced, been released after over 300 days in
detention? Green
Jeyakumary Balendaran was released on the 10th of March 2015. However she is
still on bail and subject to oppressive and disproportionate reporting
requirements. Similarly Ruki Fernando, who was arrested and released in
connection with Jeyakumarys arrest, remains subject to a draconian gagging
order which prevents him from talking to the media about certain issues or
travelling freely.
Is the government moving to abolish the Prevention of Terrorism Act (PTA), a
draconian piece of legislation which allows people to be imprisoned without trial
for up to 18 months? Red
There have been no steps towards the abolition of the PTA.
Has it withdrawn regulations promulgated under the PTA which keep in place the
effects of the lapsed Emergency Regulations? Red
There have been no steps towards withdrawing these regulations.
Has the government released all prisoners held under the PTA, or otherwise

brought them into open court for trial on specific charges? Red
Seven other political prisoners were released at the same time as Jeyakumary
Balendaran, but there has been no movement on the release of other political
prisoners or even clarity on how many prisoners there may be. Following a
meeting with Solicitor General Suhada Gamlath, TNA MP M.A. Sumanthiran
claimed that there are about 300 political prisoners remaining, but Suhada
Gamlath robustly defended the decision to continue to detain them.
Is Boosa Detention Centre, Sri Lankas most notorious torture site, still open? If it
is, are civil society and international inspectors allowed to visit it and are lawyers
provided unrestricted access to their clients? Red
Boossa is still open, there has been no change in the inspection regime, and
lawyers access to their clients remains patchy.
Has the government disclosed how many LTTE cadres are being held in secret
rehabilitation camps? Red
Prime Minister Ranil Wickermasinghe has denied that any such camps can
continue to exist under his rule, however an article by JDS Lanka suggests that at
least two continue to operate.
There is no clarity as to how many LTTE cadres remain in detention with estimates
ranging from 49 to 700+.
A return to a normal way of life in the north and east
When a meeting is called in a predominantly Tamil area, do military personnel
attend and keep a note of what is said? Do they attempt to break up the
meeting? Amber
There have been no specific instances of this kind reported, but the situation in
the Tamil north and east of the country remains tense. Participants in our recent
report on reconciliation suggested that the military and security services still
conduct widespread surveillance.
Have any abductions or assaults been reported in the Northern or Eastern
Province? Red
On the 12th of March 2015 it was reported that a 26 year old female, Vishvalingam
Vinothinya, former LTTE fighter was abducted by Civil Defence Force members
and was assaulted
Do former LTTE cadres still receive regular night time visits from the police and
army? Red
Several former LTTE cadres have reported that surveillance continues unabated.
Have the ex-military personnel appointed as Government Agents to districts in the
Northern and Eastern Province been replaced by civilian officials proficient in the
Tamil language? How many Government workers in Tamil areas speak Tamil? Red

No fresh appointments of Government Agents have been reported and so it is fair

to assume that language barriers remain.
How much Tamil and Muslim land does the Sri Lankan army, and paramilitary
groups such as the EPDP and TMVP, continue to illegally occupy? Do they continue
to use it commercially? Is there a plan for return of the land and provide
compensation? Red
Of the estimated 7,000 acres of land occupied by the military in the Northern
Province the Government of Sri Lanka hasreleased 570 acres, and
announced plans to release a further 430. This leaves over 6,000 acres of land
occupied by the army with no plan for its release. No plan for compensation has
been discussed and returning families have found their homes destroyed.
The Government of Sri Lanka has announced that they want to end the militarys
involvement in the tourism sector, yet the army continues to build new hotels and
resorts.
How many Tamil families remain internally displaced and in temporary
accommodation? How much effort is the Government putting into resettlement,
into allowing Tamil families to return to their own lands, and into restoring fishing
rights? Red
At least 3000 families in the regions of Vempodukeni, Mukamalai and Ithavil alone
are living as refugees. Recently the army has blocked displaced Tamils from
visiting their own land.
Is there a plan to reduce troop numbers in Sri Lankas Northern Province and to
move towards demilitarising Sri Lankas north and east? Red
No plans for demilitarisation have been announced and fresh orders have been
given maintaining troop levels in Tamil areas.
Have checkpoints in the Northern Province preventing free movement to
travellers, such as in Omanthai, been removed? And can foreigners travel to Sri
Lankas Northern Province without having to get permission from the Ministry of
Defence? Green
The requirement for tourists to register with the Ministry of Defence has been
dropped. Omanthai checkpoint, and many other checkpoints, remain and the
Government has announced that they have no plans to remove them.
Has the Government implemented a Certificate of Absence scheme, in lieu of a
death certificate, for those who have been missing for a long time? Is this granted
the same degree of legal recognition as a death certificate? Red
No such scheme has been implemented.
Has any compensation been given to war affected families and the families of the
disappeared? Red

No comprehensive scheme for issuing compensation to war affected families and

families of the disappeared has been implemented. Compensation by authorities
has frequently been reported as being conditional upon abandonment of the
truth by families.
A political solution to Tamil grievances
Has there been any progress on a negotiated political solution which would allow
Tamil people more autonomy and meaningful devolution? Red
There has been no concrete progress to date, however it is perhaps too early to
expect any on such a complicated issue.
Are the provisions relating to land powers and police powers for the Northern
Provincial Council being implemented, or does the NPC continue to be blocked
from performing its functions as envisaged under the constitution? Red
There has been no progress on this issue, and the Northern Provincial Council
continues to be deprived of its authority on land and police matters.
Has the Chief Minister of the Northern Provincial Council been allowed to do his
job without central interference? Red
Chief Minister of the Northern Province, C.V. Wigneswaran, says that as a result
of power being vested in the Governor, the Provincial Government had become
observers rather than servers of their community.
Are draft statutes presented to the Governor by the Northern Provincial Council
being held up by the Governor? Amber
No instances of the Governor holding up statutes have been reported but Chief
Minister Wigneswaran has suggested that similar delays are in any case occurring
due to the fact that the Northern Provincial Council does not have staff with the
training to draft the statutes.
Have the Governor of the Northern Province and Chief Secretary of the Northern
Province been replaced by a civilian and by a choice of the Chief Minister
respectively? Green
The Governor of the Northern Province has been replaced by a civilian. A new
Tamil speaking Chief Secretary was also appointed, although there is no indication
that the Chief Minister had power over their selection.
Promoting peace and friendship between ethnicities
Has the government presented any concrete plans to promote peace and
friendship between Sri Lankas different communities, for instance through
implementing the recommendations in the Lessons Learned and Reconciliation
Commission (LLRC) report on reconciliation (9.167-9.285) and through expanding
the National Plan of Action to include all the LLRC recommendations? Red
President Sirisena and Prime Minister Wickremesinghe have talked repeatedly

about the need for a truth and reconciliation process but have given no indication
that they actually understand what that would require in practice, and have
occasionally given the concerning impression that they consider it to be some kind
of alternative to an accountability process.
Full implementation of the LLRC recommendations was discussed with
Commonwealth Secretary General Sharma but no follow up or concrete action
has been announced.
UN Special Rapporteur on transitional justice Pablo de Greiff outlined some of the
problems Sri Lanka faces and the actions Sri Lanka needs to take following his
recent trip.
Has there been more anti-Muslim rhetoric and acts of violence from the Buddhist
extremist Bodu Bala Sena (BBS)? If so, how has the government responded? Green
Anti-Muslim rhetoric and violence has substantially decreased and there have
been no major incidents reported under the new government.
Do the sanctions on 16 Tamil Diaspora organisations and 424 individuals remain
in place? Amber
The sanctions remain in place. The Government of Sri Lanka has announced its
intention to review the list but has not yet done so.
Ending the culture of impunity
Is there now an investigation into the hitherto uninvestigated deaths and
disappearances of 36 journalists and media workers during President Mahinda
Rajapaksas term in office? Red
No.
What is the status of the investigation of the Matale mass grave, Lalith Weeraraj
and Kugan Muruganandans disappearance, and the Trinco 5 and Muttur 17
killings? Red
There seems to be little to no progress in any of these investigations.
Has the report of the Presidential Commission of Inquiry into 16 serious
violations been released to the public? Red
No.
Is there a plan to investigate the 19,471 cases of disappearances registered before
the Presidential Commission on missing persons in a timely manner? Red
No. The Presidential Commission on Missing Persons will continue its work, and is
planning to have more public sittings, but no plans have been announced to deal
with the backlog of cases. The Centre for Policy Alternatives estimate it will take at
least 13 years to complete the task even if no new cases are registered.
What is the new Governments attitude to the United Nations procedures on
human rights? Are they continuing to disrespect the office of the High Commission

for Human Rights and block investigations? Amber

The Government of Sri Lanka remains steadfastly opposed to the OISL UN
investigation in Sri Lanka and has not allowed the investigators access to the
country or co-operated with its proceedings. However they have refrained from
attacking the Office of the High Commissioner for Human Rights and branding
those who co-operate with the investigation traitors. There has been some
intimidation and harassment of civil society activists they suspect of working with
United Nations mechanisms.
Have any of the eight UN Special Procedures mandate holders with outstanding
requests to visit been allowed to do so? Amber
One of the eight, representing the Working Group of Enforced or Involuntary
Disappearances, has now been invited to visit. Seven others remain outstanding
(those on minority issues; freedom of assembly; freedom of expression; summary
executions; human rights defenders; independence of lawyers; and discrimination
against women).
One non-outstanding UN Special Procedures mandate holder, the UN Special
Rapporteur on transitional justice has also been allowed to visit, and the
Government of Sri Lanka has also expressed their willingness to allow the UN High
Commissioner for Human Rights to visit the country.
Posted by Thavam