Vibooshika’s appeal hits the heart of governance

By Dr. Paikiasothy Saravanamuttu

The half way mark of the 100-day governance reform program of the government approaches against the backdrop of discernible public impatience with the pace of reform and in particular, the anti-corruption drive.

In the north the focus of the public frustration and even anger in the main, is on the deferral till September of the report of the Commission of Investigation, under the auspices of the Office of the UN High Commissioner for Human Rights, into allegations of war crimes and crimes against humanity by the forces of the Government of Sri Lanka and the LTTE.

Deferral was requested by the government of Sri Lanka and agreed to by the High Commissioner who has made an 'unshakeable' commitment to release the report by September.

It is also understood that in the meantime the Government is expected to take certain steps to underpin the credibility of the 'credible domestic mechanism' it has promised on accountability.

Insufficient

The frustration and anger in general, in respect of accountability for atrocities, has resulted in a resolution in the Northern Provincial Council on genocide against Tamils and most recently a mass demonstration calling for the release of the report.

Within days, the 28th session of the UN Human Rights Council will commence and it is likely that there will be further demonstrations by the Tamil diaspora in considerable numbers in Geneva and possible further demonstrations in the North.

The genocide resolution and the demonstrations have taken place despite the confidence–building measures constituted by the appointment of a new governor without a military past – Paliakkara, a leading light of the LLRC - and pledges to return land.

Clearly, this is patently insufficient to satisfy the demand for truth telling, accountability and equal citizenship by a community that has borne the brunt of discrimination and war and one that more than played its role in the defeat of the Rajapaksa regime at the ballot box, despite the coalition of opposition forces agreeing to defer consideration of the issues of most pressing concern to them – that of accountability and a political settlement of the ethnic issue - in the election and in the 100-day program, thereafter, lest they rupture broad coalition unity.

Ironically, the historic election of January 8, 2015 was fought and won by deliberately underplaying the key issues facing the country in respect of national unity and reconciliation on the grounds that a broader political unity was vitally necessary to defeat the Rajapaksas and that, presumably, in any event, governance reform is a necessary though not sufficient condition to create the enabling climate for meaningful progress on accountability and a political settlement.

The opposition coalition did however promise a “credible domestic mechanism” and the South Africans have been in town to share their expertise and experience on this score. This will take time no doubt.

Trust

It will and must entail wider consultation with victims and families. In the meantime, throughout the hundred days, indeed even before the 28th session of the UN Human Rights Council, which is a matter of days, are there not things that can be done to attempt to vitiate the attrition of trust and confidence in the government in the north? Key among measures that can and must be taken is the release of the people who have been detained for a prolonged period without charge.

One such case is that of B. Jeyakumary who was arrested and detained under the draconian Prevention of Terrorism Act (PTA) on March 13, 2014.

At the most recent Magistrate’s Court hearing – February 24, 2015 – she was further remanded till the 10th of March.

The Terrorist Investigation Division (TID) claimed that it was awaiting reports from the Government Analyst's Department and the School of Computing, University of Colombo.

Her teenaged daughter Vibooshika, who has been allowed to see her thrice since her detention,wrote to President Sirisena on 16th February 2015.

Her impassioned plea for the release of her mother sheds light on the plight of families in the north and the probable reasons for Jeyakumary’s arrest and detention by the Rajapaksa regime.

Vibooshika points out in her letter to the President:

My mother and I lost my brothers.

Only my mother and I are left now. We too thought of going to where my brothers were.

But the though that my third brother is alive made me worry less. Prior to her arrest, my mother went to Kilinochchi, where a meeting was being held.

There she bought a book from one of the girls there. In that book ( Guidebook on the LLRC), on the 41st page she saw my third brother’s photo.

Therefore she was in high hopes that my brother was still alive. Thereafter, we continuously protested with other families of the disappeared, I too pleaded, “please give me back my brother.”

She goes on to appeal:

Dear President Maithripala Sirisena, please think of me as your child and release my innocent, very innocent mother. She has not committed any crime. I also humbly request that you release my 3rd brother as well.

Sir, I cannot live without my mother, if I don’t see herI will drink poison and kill myself.

In a television debate on February 24, Deputy Minister of Foreign Affairs, Ajit Perera, said that all those detained without charge including Jeyakumary, will be released within a month.

There is no reason as to why this cannot be done in a matter of days – from a cynical public relations and realpolitik perspective, the release of Jeyakumary before the High Level Session of the Human Rights Council will no doubt earn the government some kudos and provide some reassurance about its bona fides to states who support the deferral of the report of the Commission of Investigation to September.

Jeyakumary’s is just one case and one that has attracted media attention. There are others.

Human rights, fundamental and basic, are integral to governance. Delayed, they are both denied.