| Shanie
"Relationship-building
following violent conflict, addressing issues of lack of trust, prejudice, and
intolerance whilst accepting commonalities and differences, is the essence of
reconciliation.
The culture of
suspicion, fear, mistrust and violence needs to be removed and opportunities
and space opened up in which people can hear each other and be heard. A culture
of respect for human rights and human diversity needs to be developed creating
an environment where each citizen becomes an active participant in society and
feels a sense of belonging, of being Sri Lankan. For this purpose the social,
economic and political structures which gave rise to the conflict and
estrangement need to be identified and addressed." . - Report of
the LLRC 8.136-137
( December 8,
2012, Colombo, Sri Lanka Guardian) The Commission of Inquiry into Lessons
Learnt and Reconciliation made some important recommendations towards achieving
lasting peace and reconciliation among our people. For most of the years since
we obtained independence from colonial rule, our country has been subject to
sectarian violence and conflict. In addition to insurgencies in the South and
North, there has been periodic violence unleashed against minorities, usually
with state sponsorship or with the state security forces looking the other
side. The appointment of the LLRC followed the last, the most brutal and the
longest lasting of these conflicts. The people were tired of living in fear and
of being polarised on ethnic lines and lacking mutual trust and understanding.
It was hoped that the LLRC would provide an opportunity for the country to move
forward in restoring that lost trust and understanding. By and large, the LLRC
lived up to that promise and made clear recommendations that would have gone a
long way to achieving reconciliation in our country. Sadly, it is just over a
year since the LLRC report was released and nearly all the key recommendations
remain unimplemented, despite a National Action Plan being presented to our
people and to the international community. The blame for this attaches not only
to the political leaders but must also be shared by our media and civil
society.
Two events last
week symbolised this failure. One was the beating up of Tamil students of the
University of Jaffna by the Sri Lanka Army. We refer to the victims of the Army
assault as Tamil students pointedly for reasons which will be explained. The
second event was the silent march by a group of women, Sinhala and Tamil,
protesting against the disappearance over the past six years of members of
their family and for which the authorities had failed to conduct independent
inquiries and provide credible information. Both events went largely unreported
by the mainstream media, for reasons only they can explain.
Attack on the
Students in Jaffna
Shocking details
are now emerging about the Army entering the University of Jaffna premises on
Karthigai Theepam/Mahaveerar Day. It appears that after they entered the
campus, the Army separated the Sinhala students from the Tamil students, and
then went on to abuse the Tamil students with guns pointed at them. They did
the same thing at the women’s hostel. At least one girl had fainted probably
out of fear, but the verbal and physical assault by the Army went ahead.
Later that
night, a petrol bomb had mysteriously had exploded near the TELO office. The
Army had come back to the campus arrested the Secretary of the Arts Students’
Union claiming that the TELO had said he was responsible. TELO had later
reportedly denied this. They did complain about the explosion but did not name any
names because they simply did not know who was responsible. The university
community seem to believe that the petrol bomb episode was simply a pretext to
arrest the student leader.
The Military
Intelligence personnel are within the campus and have been keeping an eye on
the student activists. They will also know that it is also not at all clear if
the lighting of oil lamps was because of Karthigai Theepam or because of the
Mahaveerar Day, or both. Either way, if the event was ignored, it would have
passed with no significance to anybody. The Police apparently had told the
people earlier that there was no objection to the lighting of lamps to
celebrate Karthigai Theepam. By their action, the Army has only drawn attention
to or rather not allowed the people to forget Mahaveerar Day. Apparently, a
text message sent by a Sinhala female student is being widely publicised within
the campus and outside. She had said that ‘by hunting for Tigers, we are
turning the students into Tigers. You cannot beat the Tamil this way.’
The Road to
Building Trust
The presence of
the Army in a camp in the North is necessary, as it is in other major areas of
the country. But their presence in such large numbers and their intrusion into
civilian affairs gives rise to the perception that in the North we have an Army
of occupation. The issue of lighting lamps for Karthigai Theepam or for
Mahaveerar Day is a matter that should have been handled by the university
administration. If they had felt that there was going to be a breach of the
peace, the administration could have called in the Police. But in this case,
there would have been absolutely no need for that as well.
The students
arrested by the Army are still being held in a camp in Vavuniya, apparently on
the instructions of the Ministry of Defence. These students have broken no law
and their arrest and detention is clearly unacceptable. When the need of the
hour is reconciliation, this is plain intimidation of young people. The
government seems to be in no mood to set in motion the process of
reconciliation recommended by the LLRC and which all persons of goodwill want
for our country.
The
Stockholm-based International Institute for Democracy and Electoral Assistance
published a Handbook for those seeking reconciliation following conflict. One
of the case studies reported in it was the case of the reconciliation process
in Cambodia following the ‘Killing Fields’ massacre of civilians. They
concluded the case study by stating : ‘The messages of non-partisanship in
reconciliation are fundamental to the proper practice of Buddhism. It is this
type of leadership that is required of Cambodiapoliticians, if they and the population
are to move beyond their painful past. Cambodians need to overcome the
deep-seated mistrust of, and animosity towards, each other that arose as the
consequence of the Khmer Rouge and their aftermath. Open discussion,
improvement in social justice and human rights, education and health care for
all – these are all fundamental to a step-by-step process of building mutual
trust and understanding.’
Disappeared and
Missing Persons
The march by the
women protesting missing loved ones was organised jointly by the Committee for
Investigating Disappearances and the Movement for the Release of Political
Prisoners. About twenty five women mainly from the North and East took part in
this symbolic march along the streets from a Hindu kovil in Kochchikade to another
Hindu Kovil in Gintupitiya. They carried clay plots with camphor fire in
keeping with cultural traditions. There was at least one Anglican priest Fr.
Sathivel, who participated by lighting the camphor pot and blessing the
marchers. The women prayed and pleaded for information about their missing
husbands, fathers and sons who had gone missing, some known to have been
abducted in white vans.
It is a pity
that this symbolic protest went largely unnoticed by the mainstream media.
Whoever the victims are, all human beings need to be treated within the rule of
law. The media has the best opportunity to highlight any injustice to anyone,
particularly when that injustice is done to someone without the due process of
the law. Extra-judicial arrests and abductions are unacceptable in a democracy,
or even, to use Izeth Hussain, in a quasi-democracy.
The LLRC report
also highlighted this when it stated: "During the public sittings and its
field visits, including to the conflict affected areas, the Commission was alarmed
by a large number of representations made alleging abductions, enforced or
involuntary disappearances, and arbitrary detention. In many instances, it was
revealed that formal complaints have been made to police stations, the Human
Rights Commission of Sri Lanka and the ICRC. In some cases, submissions had
also been made to the previous Commissions of investigation. Yet, the next of
kin ontinue to complain that the whereabouts of many of those missing persons
are still unknown. The Government therefore is duty bound to direct the law
enforcement authorities to take immediate steps to ensure that these
allegations are properly investigated into and perpetrators brought to justice.
The Commission emphasizes that it is the responsibility of the State to ensure
the security and safety of any person who is taken into custody by governmental
authorities through surrender or an arrest. A comprehensive approach to address
the issue of missing persons should be found as a matter of urgency as it would
otherwise present a serious obstacle to any inclusive and long term process of
reconciliation.
The Commission
also emphasizes that the relatives of missing persons shall have the right to
know the whereabouts of their loved ones. They also have the right to know the
truth about what happened to such persons, and to bring the matter to closure.
Reconciliation is a process. Closure is the first difficult emotive step in
that long and complex journey irrespective of whether they are victims of
conflict or victims of LTTE terrorism."
Shared Future
from a Divided Past
It was
Archbishop Desmond Tutu who wrote the foreword to the Handbook on
Reconciliation after Conflict from which we quoted earlier. What Tutu stated
has relevance to us as well: "In South Africa we have travelled a long way
down the road of reconciliation, but our journey is not yet over.
Reconciliation is a long-term process and it must – and will – continue for
many years to come. And yet, we have made a good start. For us, truth was at
the heart of reconciliation: the need to find out the truth about the horrors
of the past, the better to ensure that they never happen again. And that is the
central significance of reconciliation. Without it people have no sense of
safety, no trust, no confidence in the future. The aim must be, as the
Handbook’s authors say, ‘to build a shared future from a divided past’. There
is no alternative way to lasting peace.
"As we
continue our own journey towards peace in South Africa, I commend this Handbook
to those who struggle for reconciliation in other contexts around the world. I
hope that the practical tools and lessons from experience presented here will
inspire, assist and support them in their supremely important task."
Our religious
leaders, the media, the civil society and all persons wanting to ensure that
democracy and peace prevails in our country must urge the government to change
course and give the highest priority to taking forward the process of
reconciliation. Arresting and detaining students who have broken no law and
turning a deaf ear to the pleas of mothers and wives whose loved ones have
disappeared in extra-judicial abductions and arrests negates the process of
reconciliation. All of us need to work towards building a shared future from a
divided past.