Human Rights Challenges in Sri Lanka

by Ruki

- on 06/07/2015
Speech delivered on behalf of me by Marisa de Silva, on the occasion of the
Islamic Centre Felicitation event, held in Maligawatte today.
Thank you for making me part of this celebration. Practically, felicitations
are possible for a few, but many deserve felicitation. Felicitation for me
means felicitation for many others I have worked with. Victims, their
families, priests, sisters, lawyers, journalists and human rights defenders in
general. They include those who have protected me and those who I have
worked with and who have supported my work, including, by way of
providing moral support. Many of them are also dear friends. Although I
regret my inability to be here, it is perhaps appropriate that one of my
dearest colleagues and friend will read this, as this belongs to her and
others like her, as much as it does to me.
Usually, my talks are about the human rights situation in Sri Lanka, often
depressing, but they also reflect hope. Or often on human rights laws,
mechanisms, skills etc. But today, I will also share some personal
reflections.
Today is a transitional moment for human rights and democracy in Sri
Lanka. Not just a political transition, but a transition of our collective

conscience & spirit. From benefitting, justifying and being silent in the
face of repression & injustice, to a transition where we actively defy,
resist and work to transform unjust and repressive situations. A transition
where we refuse to let our spirits be captured or restricted, even if our
bodies are captured. Where we would rather let our body die, rather than
our soul.
A huge step in this transition was taken on 8th January by Sri Lankan
people, including a majority of the numerically smaller ethnic and religious
communities. This is when we voted out an authoritarian and corrupt family
regime, which had captured much of the State, including legislature,
judiciary, media, religious groups and even parts of civil society. More
progress has been made to date, including the passing of the
19thAmendment. Therefore, we should fiercely protect the democratic
space that we as Sri Lankans opened up for ourselves on the 8th of January.
But alarmingly, human rights violations have continued to be reported since
then, and very little of the previous problems have been addressed. Many
of you would be aware of these, and some, even victim to them. I have
written and spoken about these elsewhere, so I wont go into detail here.
Much, much needs to be done if we are to truly be a democratic society
that respects the human rights of all, individually and collectively. Among
these are a political solution to the ethnic conflict, truth seeking and
accountability for terrible abuses that have been committed, co-existence
amongst different communities based on mutual respect and institutional
and legal reforms. The development of a collective conscience on rights,
dignity and the well-being of all persons and communities would be the key
to our future.
Costs of human rights activism and rewards
Activism has come at a great cost. Some of you will know about the several
times I have been interrogated in Colombo and in the North at the height of
the war and even thereafter. I was threatened, followed, subjected to
surveillance, stopped from going to places in the North and East, and
labelled a terrorist supporter or a Sinhala Kotiya (Tiger) etc., Many of you
may have heard of my being detained by the TID last year. A lesser number
of you will know about the investigation that still continues against me
under the PTA, and the restrictions imposed on my overseas travel and
freedom of expression. But hardly anyone will know the emotional and
personal costs I have had to bear. The loneliness and disillusionment when
youre abandoned by your loved ones and condemned even by persons and
organizations you have worked with, and for whom you have risked and
sacrificed much. This is also the case for many other human rights

defenders, many who have suffered much more than me.

But activism has also been rewarding. When we have managed to protect
one persons life. When persons who we had supported to go into exile to
protect their lives, returned to Sri Lanka. When we managed to obtain the
release of persons detained unjustly. When interns who came to me with no
human rights experience, continued with their activism. When people who
underwent training use the knowledge and skills gained, to intensify
activism. But for everyone we managed to help in some way, there were
many we were unable to help. Or simply didnt have energy and capacity to
help. It has also been rewarding to experience the huge support and
solidarity at times I faced serious security threats, and in a more broader
sense, when the 19th Amendment was passed, when election results were
announced on January 8th, and when the UN Human Rights Council initiated
an investigation on allegations of serious human rights abuses during the
war.
Some of my experiences, challenges, limitations
Much of my work has been to accompany and support victims and their
families. In their homes, offices, police stations, checkpoints, mortuaries,
courts, hospitals and even on the streets. Helping them to tell their stories.
Telling their stories via various talks, interviews, articles and discussions.
Putting them in touch with journalists, writers, film-makers, researchers,
lawyers, diplomats and others who could potentially assist them. These are
simple things, but often, that was all colleagues and I could offer, when we
ourselves felt powerless and helpless.
Protecting persons whose lives are threatened, especially by providing safe
accommodation, has been an important part of human rights activism in
the last few years. We had to take risks, and even had to beg others to take
risks. Sometime, we faced dilemmas, when there were indicators that some
seeking protection for their families, may also have been involved in
violence. Or that some that came seeking our help for overseas relocation
were driven by economic or other factors, rather than real threats to their
lives. I have been told that I was nave and that my colleagues and I
probably didnt do enough to verify a case. But we erred on the side of
caution when it came to matters of life and death.
One of the greatest challenges my colleagues and I faced was to persevere
even when we felt we were getting nowhere when the odds were stacked
against us both in terms of security and personally. That is why we
continued to document stories of abuses, even when we realized there was
no redress in sight, and victims, their families, and even we were tired.

Perhaps even harder was to occasionally give up or withdraw, without

giving up principles and longer term struggles, in the belief that to fight
and run away is to live to fight another day.
Internationality of human rights
As this is being read, Im probably on a flight from Paris to Geneva. This
may sound glamorous to some, and others will say that Im a traitor. In the
last few years, Geneva has become a dirty word, a sin city. Geneva plays
a central role in the international rights framework, which promotes a
common and shared humanity over narrow geographical boundaries.
Opportunities for people to express love, concern and support to others who
are in trouble and are suffering, despite the distance. Is this is against our
cultural values?
The international human rights system is about agreements of governments
with one another about their responsibilities to people, what they should
and should not do. And about monitoring the implementation of those
agreements by mechanisms and persons appointed by the governments
themselves, to remind, assist and sometimes persuade governments to
abide by their agreements.
My travelling to Geneva and other places outside Sri Lanka is often to tell
stories of suffering and tragedy sometimes to those who are skeptical, or
just listen because they dont want to be seen as not listening, but also to
the many outside Sri Lanka, who listen to these stories with sensitivity and
have always tried to support individual Sri Lankans in their times of
desperate need, including myself. One wife of a disappeared journalist had
told me that cards written by overseas students encourage her to continue
her struggle for truth and justice. I have also worked with those who have
written books, articles, reports and done films on Sri Lanka, and their efforts
have been helpful to raise awareness about the broader situation in Sri
Lanka, and to get more support for local efforts.
A challenge of internationality to me has been to be spend time, effort and
money to support victims of violations, their families and human rights
defenders who are not Sri Lankan. Recognizing that their situations may be
as bad, if not worse than ours. Traveling to Geneva and other countries,
speaking on panels with non-Sri Lankan human rights defenders, joining
protests, signing petitions for human rights violations in other countries,
conducting trainings for defenders from areas such as West Papua,
Southern Thailand, Pakistan and Burma has helped sensitize me to some
extent on this reality. Last year for instance, when Pakistani and others
seeking asylum in Sri Lanka were arrested and deported, a personal friend

and his family were amongst those living in fear of deportation.

Learning human rights activism
I have not pursued any academic studies on human rights, but have learnt
everything I know, along the way, or whilst on the job. This is a learning I
try to communicate in my many trainings for young human rights
defenders, mostly from the North and East, and sometimes to those coming
from other conflict affected regions in Asia as well. Activism can only be
learnt the hard way by direct involvement, not through reading, online
searches, workshops or seminars. We need to get ourselves sweaty, dusty
and perhaps even bloody. Its like learning to swim and learning to drive can
only be done by getting into the water or the vehicle.
Love, passion and human rights
Different people have different motivations for being involved in human
rights. Mine is linked to my Christian faith, as I became involved in human
rights activism through the Young Christian Students (YCS), and I continue
to work closely with Christian groups on human rights to date. I must also
state that my faith has strengthened my respect for other peoples faiths,
and those who dont belong to any religious groups. To fight for, and protect
their rights. The Holy Bible tells us that God will judge us not by our
religious rituals, but on how we treat others in distress. That our neighbor
is the one who is in distress and needs our help, and that we should love
our neighbor as much as we love ourselves and God. And importantly, the
Bible makes this criteria all encompassing, without any reference to
religion, ethnicity, caste, tribe or sexuality.
To me, involvement in human rights is about love and passion. If we love
and care about someone, or a community, how can we not protect their
rights? Like love, human rights activism also becomes meaningful when
theres passion, and not when its merely a job or a means to achieve an
end. But human rights activism is not just about passion. Long, difficult and
even boring work is also an essential part of human rights activism. One
must use both their minds and their hearts, strategize and theorize issues,
whilst also maintaining the very human element of the issues. Human
rights activism requires a cool head and a warm heart.
For me, its been a passionate romance with human rights in which I did
many things, achieved little, and lost a lot. But, I want to continue as long
as I feel the passion, and I hope more and more will join us in that journey.