Sri Lanka looks ahead to winning the peace - Part 2:

Focus on reconciliation, rehabilitation and reconstruction

By Dr. Palitha Kohona

The reconciliation process, which is very complex, has been approached from a range of angles. There is no magic wand to wish away the pain and agony of 27 years. One approach used by the Government is to adopt an extremely conciliatory attitude towards former combatants. The former LTTE cadre who surrendered or were captured (12,000) were detained at the end of the battle against terrorism. About 2,240 were women. They were initially separated from other displaced persons, questioned and sent to rehabilitation centres. The ICRC was given access to them and continues to be given access to those still in custody.

The Government decided to treat the vast majority of these former combatants as victims of circumstances rather than as criminals to be prosecuted despite the fact that some had participated in bombings and gruesome massacres.

Consistent with our culture, forgiveness was the theme. Over 11,000 have been rehabilitated and allowed to return to their homes and communities. This was in less than three years since the end of the battle.

In many other conflicts around the world, it has taken much longer to rehabilitate captured combatants. Their rehabilitation included training in basic life skills, including technical training, farming and fisheries training.

A generous financial assistance scheme helps those who wish to set up small businesses. The remainder of the detainees is continuing their rehabilitation. Some of them will be prosecuted for egregious crimes. The conciliatory approach of the Government carries its own risks as buried caches of weapons continue to be unearthed.

Similarly, the reuniting of families separated by the conflict has received much attention. Over 17,000 individuals, separated from their families, have been reunited. Hundreds of children have been returned to their families consistent with the Government policy of returning children to their own families, communities and schools. A family tracing and reunification unit has been established. The ICRC, IOM and UNICEF have contributed to this process.

Over 590 child combatants who surrendered were placed in the rehabilitation centre in Ambepussa under the Child Protection Authority. The UNICEF assisted significantly in this challenging task. Ambepussa received high praise from visitors, and is now closed; its job done. The children were given vocational training, training in English and IT and counselling by professionals. Some have continued with their studies.

This is an area which will benefit from more external assistance. The centre established in Ratmalana trained children for government examinations. Some children from Ratmalana have even succeeded in entering the universities to pursue higher studies. In recognition of the good work done, Sri Lanka was delisted from the UN Security Council list of countries under observation for the recruitment of child soldiers. This listing was originated in the ‘90s in response to widespread child recruitment by the LTTE. Some ex-combatants have married each other.

War widows have also been given special attention. Programs have been launched to assist them to become independent members of the community.

A program has been launched in the East with the assistance of an Indian NGO especially to encourage self-employment and entrepreneurship. Special measures have been taken to expand women’s and children’s help desks in local Police stations, especially in the former affected areas. Strict measures have been taken to counter sexual violence. War widows and families led by women will continue to need assistance.

Useful contribution

Access is provided to NGOs to work in the former affected areas to assist the returnees. There are over 1,350 NGOs registered in Sri Lanka and they make a useful contribution to our reconstruction efforts. Registration is not mandatory but would assist further facilitation by the Government. New INGOs are required to come with their own funding and their own programs.

Forty five local NGOs, INGOs and 11 UN agencies are currently working in partnership with the Government on rehabilitation and reconstruction programs in the Northern Province. They assist with upgrading schools, health services and village level social services.

During most of the problem period, NGOs operated in the areas controlled by the terrorists. The ICRC was present on the ground almost till the last days. In fact, the ICRC assisted with the evacuation of almost 15,000 individuals, which number included over 7,000 injured, the sick and the pregnant.

Disarming other armed Tamil groups has been a priority. Many had carried weapons to protect themselves from the LTTE. All of them have now been disarmed. There is no reason for them to remain armed. In fact, many have joined the political mainstream.

The extent of the high security zones in the North and the East has been reduced dramatically. The only remaining restrictions are limited to the Palaly airport and the Kankesanthurei harbour. The number of troops deployed in the North has been reduced by over 21,000. The emergency regulations that existed for over 30 years, were allowed to lapse in August 2011.

Minorities have continued to prosper in majority Sinhala areas of the country, including Colombo. They have their own schools, businesses and temples. Around 54 percent of Tamils live among the majority community. Tamils constitute over 40 percent of the population of Colombo. Some of the leading business houses in Colombo are minority owned.

Many of the leading professionals in Colombo come from the minority communities and no restrictions exist on their lives, politically, socially or economically. The minorities are well represented in Parliament and in the Cabinet of Ministers.

The use of the Tamil language for official purposes has given rise to much concern over the years. The Government is implementing a vigorous trilingual language policy at present.

The military and the police have taken the lead in language training. All Government officers are now required to be proficient in both languages and promotions will depend on language competence. Over 32,000 were given training in 2012. Similarly, large numbers of bilingual police officers have been recruited.

The Tamil community, scattered around the world, is an important factor in the reconciliation and reconstruction effort. Many of those who have returned to their villages have relatives elsewhere in the world. In fact, thousands of Tamils left for Western countries during the strife and sought refugee status. Some supported the LTTE with funds while some procured weapons in the black market.

Many of these activists have been jailed in Western countries for their illegal activities. Large numbers have become citizens in the host countries and have begun to use their voting power to support the LTTE cause, even though the LTTE no longer exists in Sri Lanka.

The Government has continued to reach out to these expatriate communities, encouraging them to return home and participate in the reconstruction effort. The number of Tamils returning as visitors has increased significantly. It may take time before sufficient confidence is generated among them to participate fully in Sri Lanka’s economic revival. Special concessions are provided to those who wish to invest in the affected areas.

No repetition

Examining the causes of the problem is central to ensuring that there will be no repetition. The Government established a Lessons Learnt and Reconciliation Commission (LLRC) consisting of a number of eminent persons, including representatives from the minorities, with the goal of ensuring restorative justice and national reconciliation. This Commission was given a wide mandate to look into the factors that gave rise to the problem and infractions of internationally recognised standards during the period, and make recommendations.

The LLRC which sat in various parts of the country, and invited anyone, including critics from abroad, to present evidence before it made over 280 recommendations. Hundreds of persons from within and outside the country appeared before the Commission. Over 1,000 oral and 5,000 written representations were received. It even invited AI, HRW and ICG to present any evidence of infractions of global standards.

These organisations jointly decided to decline this invitation. A high level task force, chaired by the Secretary to the President, has been appointed to oversee the implementation of the Action Plan adopted to give effect to these recommendations which number 285. Budgetary allocations have been made to ensure proper implementation. Courts of inquiry have been established into specific allegations of wrongdoing by members of the Armed Forces.

The Attorney-General is assisting the Police with inquiries relating to any breaches of the criminal law. A National Action Plan on human rights has been adopted.

The UN Working Group on Enforced and Involuntary Disappearances has engaged with successive governments on the question of disappearances. Many of those who have been reported as disappeared have migrated to other countries through clandestine means. A centralised database of missing persons has been established.

The political grievances of the minorities also have to be addressed as Sri Lanka seeks reconciliation. The Government has had talks with the Tamil National Alliance (TNA) which is the major Tamil political party, but the TNA has stayed away from the talks in recent months and has become increasingly intransigent. Although, it commands considerable support, it has to be remembered that the TNA is not the only political party representing the Tamil minority. There are many and some command wide support.

In addition, the Tamils are not the only minority. The Muslims constitute 7.9 percent of the population. In the Eastern Province, they are the majority. In the circumstances, it would be impossible for the reconciliation talks to focus simply on Tamil grievances. A Parliamentary Select Committee has been established to achieve multi-party consensus on any Constitutional changes.

The distribution of political power is another area that is focusing the attention of the Government. Under the Constitution, the power enjoyed by the Central Government and the provinces are delineated. Some powers are exercised concurrently by the Centre and the Provinces.

There is a demand by the TNA that some of these powers, in particular, police powers and powers over land, be given to the provinces. Not all provinces agree with these demands and it is doubtful whether the majority of the population will agree with it.

Vexing issue

A vexing issue, as reconciliation is pursued, relates to land. In the early 1990s, the LTTE forcibly evicted thousands of Sinhalese and Muslims from the North and redistributed their properties to “Mahavir” families (families of heroes). Now that the LTTE is not there, the original owners of these properties are seeking their return. This has given rise to a series of complex issues. The LLRC has favoured establishing land courts to adjudicate disputes relating to such land in an equitable manner. But this will remain a major challenge as the government pushes ahead with its reconciliation efforts.

Sri Lanka is at a critical juncture in its history and has a unique opportunity to bring its people together and make their island home a better place for all. I am confident that we will deal with the aftermath of our victory over terrorism in a manner that will ensure peace and prosperity to all.

“Peace will not come from the mere absence of war. Peace will not come while not addressing hunger, deprivation, marginalisation and inequality. Peace will not come from testimony provided to truth commissions or by simply punishing the wicked for past misdeeds. Peace will dawn, when forgiveness spreads its gentle embrace to the fearful.

When we treat those who harmed us with dignity and ensure an existence of contentment, equality and opportunity, then peace will breathe freely. This is what we are seeking to achieve in Sri Lanka.”

Excerpts of a speech made by Sri Lanka’s Permanent Representative to the United Nations, Dr. Palitha Kohona at the Utah Valley University International Relations Class.