Friday, December 03, 2010

Did a U.S. ambassador accuse Sri Lanka's president of war crimes?



By Charles Homans | Foreign Policy
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Are we surprised to learn, via WikiLeaks, that American diplomats in Colombo blame Sri Lankan President Mahinda Rajapaksa and his top officials for the massacre of tens of thousands (by most estimates) of Tamil civilians during the final months of Sri Lanka's bloody civil war? The goods are in a Jan. 15 cable sent by U.S. Amb. Patricia A. Butenis on the eve of Sri Lanka's presidential elections (which Rajapaksa won handily). Butenis was assessing the country's ability to come to terms with the atrocities committed in the protracted conflict between the government and the Tamil Tigers rebel group, which was defeated in May 2009 after nearly three decades of fighting.

In May, the Sri Lankan government announced plans to launch a "truth and reconciliation commission," modeled on South Africa's post-Apartheid investigation, to look into the brutal last phase of the war, in which large numbers of Tamil civilians were trapped between the government and rebel troops. Human rights groups aren't exactly holding their breath for the results of the ongoing inquiry, led as it is by the same government that was allegedly responsible for most of the carnage.


Human Rights Watch, Amnesty International, and International Crisis Group -- which released a sweeping and damning report on the war crimes in May -- all turned down invitations to participate. Butenis, it turns out, was similarly nonplussed, writing: "There are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power. In Sri Lanka this is further complicated by the fact that responsibility for many of the alleged crimes rests with the country's senior civilian and military leadership, including President Rajapaksa and his brothers and opposition candidate General [Sarath] Fonseka."

This last observation gets headline treatment from the Guardian, and it is notable for Butenis's willingness to name names. But the State Department has been fairly clear, albeit more diplomatic, about what it thinks happened in the spring of 2009, in a report released in March: "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."

An August report from State also (cautiously) expressed concern about the integrity of the government's commission. In short, Butenis's assessment is generally consistent with what humanitarian workers on the ground in Sri Lanka at the time of the conflict thought State's position was -- one that may not have been shared by American defense and intelligence personnel, who were believed to be less squeamish about the military campaign against the Tigers.

I asked Alan Keenan, Sri Lanka project director for ICG, about the cable. He says it contains few surprises: "It's certainly consistent with how the embassy and the State Department are looking at the situation. They knew bad things happened -- they're calling them "alleged" war crimes, but I think in a quiet moment they would say they were war crimes. They recognize that that happened. But they don't think there's the space internally for it to be addressed. So I don't think we're learning a whole lot new. What would tell us more, and what will be more interesting, and where the issues are a bit more gray, is what happened during the war -- what did the U.S. government know, and what did it do, or not do, to prevent the worst abuses and suffering?"

© Foreign Policy

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Friday, December 03, 2010

UK protests 'threaten freedom of expression' : SL Govt



BBC Sinhala
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The Sri Lanka government says that protesters in the United Kingdom threatened freedom of expression.

In an apparent effort to counter number of allegations that are appearing in the British media in recent days about the war crimes in addition to give government's response to the last minute cancellation of the president's address at a leading debating union, G L Peiris spoke to journalists in a hurriedly convened press meet in London.


The external affairs minister says "it's a matter for regret" that President Rajapaksa's scheduled speech at the Oxford union to be held on Thursday has to be cancelled.

Protests

President Mahinda Rajapaksa was met with hundreds of Tamil protesters when he arrived at the London Heathrow airport on Monday. A large scale protest planned by the Tamils, in Oxford forced the organisers to withdraw their invitation to the Sri Lankan President.

A statement by the Oxford Union on Wednesday said, "due to the sheer scale of the expected protests, we do not feel that the talk can safely go ahead".

Yet, Tamil's staged a protest in front of the hotel in London on Thursday where the president was reportedly staying.

Tamils demanded the arrest of the President of Sri Lanka in connection with alleged war crimes. At the same venue a group of Sinhalese held a parallel pro government demonstration calling the president a hero.

Sri Lankan foreign minister blamed the LTTE supporters for the cancellation of the presidents speech.

Government intentions

Prof. Peiris said that the president wants to inform the world about the intentions of Sri Lankan government with regard to reconciliation and re settlement of internally displaced people.

Sri Lankan government says out of a total of 2,90,000 who were displaced due to war only about 10,000 are still in the camps.

In addition, 'humanitarian, economic, social and political' needs are also been addressed.

The minister who said where moves to arrive at a political solution by successive governments failed, the Sri Lankan government led by President Rajapaksa is taking steps towards a 'viable and inplementable political solution'.

© BBC Sinhala

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Friday, December 03, 2010

Sri Lanka 'war crimes' video: who are these men?



Channel 4
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The UN has told Channel 4 News that the Sri Lanka apparent execution video, broadcast on Tuesday, deserves further investigation.

The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Professor Christof Heyns, said: "It is shocking indeed, and clearly deserves more investigation," he said.


Mark Ellis, Executive Director of the International Bar Association (IBA), told Channel 4 News the video was prima facie evidence of war crimes being committed.

"This is a very disturbing video and clearly, on the face of it, shows war crimes have been committed and perhaps crimes against humanity, depending on who the group targeted was.

"There is no question that this video is prima facie evidence that these crimes were committed. And therefore there's a responsibility on the part of the international community to push for an investigation and prosecution."

The video appears to show government troops executing civilians in the last few weeks of the 26-year Sri Lanka war, which ended last year when Sri Lanka declared victory over the Tamil Tigers.

The men are pictured here for the first time in both still images and video.

One soldier is seen to shoot one of the bound and blindfolded prisoners in the leg as he lies amongst the bodies of other Tamil prisoners on the ground. The soldier is then seen to walk away and turns directly to the camera. His image is briefly out of camera shot behind another soldier before he appears again close to camera - his face and moustache clearly visible.

The deeply distressing video, excerpts of which were first shown by Channel 4 News this week, then shows what appears to be a Sri Lankan soldier dressed in camoflage shooting another prisoner directly in the head. This would appear to be an execution.

The IBA's Mark Ellis said: "International law is very clear. This does not stop with the soldier. It must move up through command - so cases can be made at the individuals whose faces are shown but also possibly at their commanders if they are military forces.

"It is possible for a case to be brought to the President, if he knew or should have known what was happening in this conflict."

The video is a longer version of one which already sparked a United Nations (UN) investigation 16 months ago when it first came to light.

Channel 4 News has sent the new video to the UN panel investigating allegations of war cimes in Sri Lanka.

Defence Secretary visit

President Rajapakse visited the Defence Secretary Liam Fox on Wednesday for a private meeting at the MoD. Dr Fox's spokesman declined to comment further on the controversial meeting, but a statement on President Rajapakshe's website said the pair discussed "aspects of the wider sharing of power in Sri Lanka, and development assistance from the UK".

It ends: "There was agreement that the friendship between Sri Lanka and the UK should be strengthened in the new situation of peace and moves for reconciliation in the country."

There has been pressure on Dr Fox over the meeting with President Rajapakshe in light of the war crimes investigation by the UN panel. Indeed, today a source close to Foreign Secretary William Hague, commenting on the meeting, told The Times newspaper: "William might have to step in if this continues."

Oxford

President Rajapakse was also due to speak at the Oxford Union, but his visit to Oxford was cancelled on Wednesday due to "security concerns".

The Union added that it maintained a "politically neutral stance" regarding speakers, stressing that "the decision was not made in relation to any aspect of Mr Rajapakse's political position, the policies of his administration or any allegations against his government."

Instead, the talk was cancelled "due to the sheer scale of the expected protests, we do not feel that the talk can reasonably and safely go ahead as planned."

'We hope this video is taken into account'

"I think both the videos are of real importance and deserve the kind of attention Channel 4 News has given them," Alan Keenan, Sri Lanka Director of the International Crisis Group, told Channel 4 News.

"It could also be very useful to have shared them with the UN panel and the UN Special Rapporteur, and it is encouraging that they have recognised the important of the latest version of the video. We can only hope that some of the video, along with other evidence that has been gathered, will come before a fully empowered international investigation into alleged war crimes by the Sri Lankan Government and the Tamil Tigers.

"What the US said in the WikiLeaks cable was in a way, stating the obvious. If there were war crimes in Sri Lanka - what we at the International Crisis Group believe there is strong evidence of - the responsibility lies at the top level as well as at lower levels.

"This video definitely deserves more attention and is consistent with what was well known as the tradition in Sri Lanka during their war on both sides, which was to execute any soldiers from the other side. There were very few prisoners of war.

"But that doesn't make it any less shocking - or illegal."

Tim Martin, Director of Act Now, said: "The new footage of Sri Lankan army killings and sexual abuse on Channel 4 and the WikiLeaks US Embassy cable that speaks of the "responsibility for many of the alleged crimes rests with the country's senior civilian and military leadership, including President Rajapakse and his brothers and opposition candidate General Fonseka.

"Unlike other controversial speakers, Rajapakse is accused of war crimes that have yet to be investigated. It was an insult to humanity for that to be ignored."

Channel 4 News revealed on Wednesday that a US memo, released by WikiLeaks, accuses the Sri Lanka President of war crimes.

The US Ambassador Patricia Butenis tackles war crimes in the memo, which is headed: "Sri Lanka war crimes accountability: the Tamil perspective".

Ms Butenis writes in the communication that it is "unsurprising" that Sri Lanka's government has not investigated the issue, noting "there are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power."

The US State Department declined to comment on the authenticity of the WikiLeaks cables, but told Channel 4 News: "The United States does not intend to prejudge the outcomes of Sri Lanka's Lessons Learnt and Reconciliation Commission.

"We believe it is important that the commission's work address the needs of the citizens of Sri Lanka who were, after all, the primary victims of this long and terrible conflict.

"The United States looks to the commission to apply international best practices, as outlined in our August 11, 2010 report to Congress.

"One important indication of its effectiveness will be whether the commission undertakes a serious and credible inquiry into allegations of war crimes and makes public recommendations based on its finding."

© Channel 4

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Friday, December 03, 2010

Rajapaksa 'linked to Tamil deaths'



Al Jazeera
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Another leaked US embassy cable released by whiste-blowing website WikiLeaks has added weight to calls for an independent inquiry into the final days of Sri Lanka's civil war.

US diplomats in Sri Lanka believe the country's president carries much of the responsbility for the mass deaths of ethnic Tamil civilians in the final days of the civil war.


According to the cable written by Patricia Butenis, the US ambassador, Mahinda Rajapaksa, his generals and family members are implicated.

The UN has said that at least 7,000 ethnic Tamil civilians were killed in the final months of fighting.

Butenis wrote in January that responsibility for many of the alleged crimes rests with the country's senior civilian and military leadership, including President [Rajapaksa] and his brothers and opposition candidate General Fonseka," she said, according to WikiLeaks.

Gotabaya Rajapakse, the president's brother, is defence secretary.

Former general Sarath Fonseka led the army's defeat of the Tamil Tigers but was arrested shortly after losing a presidential bid this year.

Rajapaksa has resisted external pressure for an international probe into allegations that both the rebel Tamil Tigers and the military committed war crimes during the conflict.

He has instead opted for an internal investigation, a move that was also questioned by Butenis.

According to the cable, Butenis, said that "there are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power."

Further doubts

The document also shows Butenis questioning whether the Tamil Tiger fighters captured by government forces will receive a fair trial.

"The Government of Sri Lanka is holding thousands of mid- and lower-level ex-LTTE [Tamil Tiger] combatants for future rehabilitation and/or criminal prosecution. It is unclear whether any such prosecutions will meet international standards." she said.

Last year, the army killed the top Tamil Tiger leadership, during a nearly four-decade campaign in which they fought for a separate Tamil homeland.

The revelations coincide with Rajapaksa's visit to the United Kingdom. Noisy protests at London's Heathrow Airport greeted the Sri Lankan president when he arrived on Monday.

the Oxford Union, Britain's prestigious debating society,, has cancelled a speech he was due to give, citing security reasons, as Tamil activists were said to be planning a large demonstration outside the venue.

© Al Jazeera

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Friday, December 03, 2010

WikiLeaks: David Miliband 'championed aid to Sri Lanka to win votes of Tamils in UK'



By Gordon Rayner | The Telegraph
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Tim Waite, a Foreign Office team leader on Sri Lanka, was quoted in a leaked US Embassy cable explaining why the then foreign secretary was lavishing so much attention on the island’s plight.

“Waite said that much of (the government) and ministerial attention to Sri Lanka is due to the ‘very vocal’ Tamil diaspora in the UK, numbering over 300,000, who have been protesting in front of parliament since 6 April,” wrote Richard Mills, a political officer at the US Embassy in London.


“He said that with UK elections on the horizon and many Tamils living in Labour constituencies with slim majorities, the government is paying particular attention to Sri Lanka, with Miliband recently remarking to Waite that he was spending 60 per cent of his time at the moment on Sri Lanka.”

Mr Mills sent the cable to Washington in May 2009, at a time when more than 1,000 civilians per month were being killed as the 26-year civil war neared its end.

On April 29, a few days before the cable was sent, the foreign secretary visited Sri Lanka with his French opposite number, Bernard Kouchner.

He told Parliament the trip had been “to highlight the need to bring the conflict to an end in a way that minimises further civilian casualties; to press the case for the humanitarian relief effort to be ratcheted up, as the UN and EU have been calling for, and to make clear the need for a long-term political settlement that meets the aspirations of all communities in Sri Lanka.”

On May 4, 2009, Des Browne, the prime minister’s special envoy to Sri Lanka, visited the country as part of a cross-party group, and a few days later Mr Waite told Mr Mills that Britain would continue with its “concerted drive to achieve a fully inclusive political settlement” on the island.

The war between the Tamil Tigers and the government finally ended when the Tamils admitted defeat on May 17.

In the final weeks of the war Britain was pressing the Sri Lankan government to issue visas to foreign humanitarian aid workers and for them to be given access to thousands of refugees and to others trapped in the war zone.

A Foreign Office spokesman said it was “perfectly normal” for a member of its staff to set out the political background to British foreign policy to diplomats from other countries.

Mr Browne denied the push for humanitarian aid was driven by “party politics”, telling the Guardian newspaper: “There were over 100,000 people stuck in a war zone. It doesn’t take a lot of explaining why we were concerned with the issue.

“Of course it had an effect here. There were tens of thousands of people on our streets and there was a presence in Parliament Square.

“There was a lot of concern, but it wasn’t restricted to one party. Those people lived in everybody’s constituencies.”

Mr Miliband was unavailable for comment.

© The Telegraph

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Friday, December 03, 2010

Uproar in Sri Lankan parliament over protests against president



Earth Times
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Sri Lanka's Parliament was disrupted for an hour on Thursday when ruling party members attempted to manhandle an opposition politician, accusing him of organizing protests in London against President Mahinda Rajapaksa, who is in Britain on a private visit.

At least 15 government members surrounded opposition Untied National Party lawmaker Jayalath Jaywardena, claiming he instigated members of the Tamil minority to protest against Rajapaksa.


Colombo – Sri Lanka's Parliament was disrupted for an hour on Thursday when ruling party members attempted to manhandle an opposition politician, accusing him of organizing protests in London against President Mahinda Rajapaksa, who is in Britain on a private visit.

At least 15 government members surrounded opposition Untied National Party lawmaker Jayalath Jaywardena, claiming he instigated members of the Tamil minority to protest against Rajapaksa.

An address to the Oxford Union by Rajapaksa scheduled for Thursday was called off by the organizers amidst security concerns after Tamil groups vowed to protest at the venue.

"There is a traitor among us who has been responsible for the protests," said Dinesh Gunawardena, a minister.

He was referring to Jayawardena, who had been in London prior to Rajapaksa's arrival there Monday. Jayawardena, who has been campaigning for the human rights of the Tamil minority, denied that he was involved in organizing the protests.

A spokesman said the Ministry of Defence was studying cases where opposition parliamentarians allegedly travelled overseas and instigated minority Tamils to carry on their separatist campaign in Sri Lanka.

Members of the Tamil diaspora protested at London's Heathrow airport when Rajapaksa arrived, but he left by another exit. More protests have been organized in London for Friday.

The rebels of the Liberation Tigers of Tamil Eelam were defeated in a civil war which ended in May 2009. Most of the demonstrators are Tamils who fled the country during the 26-year conflict.

© Earth Times

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Friday, December 03, 2010

Udul Premaratne’s bail hearing advanced



Sri Lanka Mirror
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The Colombo high court has advanced the date to hear a bail application filed by Inter University Students Federation Convener Udul Premaratne.

It was previously due to take place on January 24, but has now been brought forward to December 07.


The court decision follows a motion filed by Mr. Premaratne’s lawyer for an earlier date.

He was arrested on the charges of unlawful entering the higher education ministry and causing damage to public property during a protest in Colombo some weeks ago.

© Sri Lanka Mirror

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Friday, December 03, 2010

Sri Lanka slams Oxford Union for cancelling president's talk



Agence France-Presse
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Sri Lanka's government lambasted the prestigious Oxford Union Thursday for cancelling a talk by President Mahinda Rajapakse following protests from ethnic Tamil groups.

Rajapakse was scheduled to make a speech to the union, Oxford University's debating society, which has hosted speakers ranging from Michael Jackson to the Dalai Lama, but this was cancelled Thursday because of security concerns.


The visit drew protests from Tamil groups, which accused Rajapakse of war crimes while crushing ethnic Tamil rebels last year. They called for him and key members of his entourage to be arrested.

Sri Lanka's government said in a statement the Oxford Union leaders had shown they were "incapable of living up to the laudable standards of those who went before them in upholding their belief in the freedom of speech."

The statement claimed that remnants of the defeated rebel group Liberation Tigers of Tamil Eelam (LTTE) had pressured the union to cancel the event, "regrettably supported by a handful of the foreign media."

Rajapakse himself said in a statement shortly after the cancellation that he was "very sorry" that he could not deliver his speech, but would look for other venues in Britain to get his message across.

The Oxford Union said regretted having to cancel the speech and that the decision was "not taken lightly."

At home, Rajapakse is accused of cracking down on political rivals and media freedoms, charges he has vehemently rejected.

Sri Lanka's army defeated the Tamil Tiger separatists in May after nearly four decades of ethnic bloodshed in which the United Nations estimates between 80,000 and 100,000 people were killed.

© AFP

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