International Crisis Group on Sri Lankan issue

(February 24, Colombo - Lanka Polity)  Sri Lankan Tamil diaspora groups should move away, once and for all, from the failed agenda of the Liberation Tigers of Tamil Eelam (LTTE) and instead put their energies into the quest for a sustainable and just peace in a united Sri Lank, says International Crisis Group, a think tank studying the conflicts in the world.

Following is the full text of their report:

The Sri Lankan Tamil Diaspora after the LTTE,* the latest report from the International Crisis Group, examines political dynamics within the Tamil diaspora since May 2009, as Tamils abroad adapt to the LTTE’s defeat. It also looks at the potential for new forms of militancy within the diaspora, especially among the younger generations, radicalised by the deaths of thousands of Tamil civilians in the final months of the war. While there is little chance of the Tamil Tigers regrouping in the diaspora, most Tamils abroad remain profoundly committed to a separate state of Tamil Eelam in Sri Lanka.

“New diaspora initiatives attempt to carry forward the struggle for an independent state in more transparent and democratic ways, but they must repudiate the LTTE’s violent methods”, says Robert Templer, Crisis Group’s Asia Program Director. “And they must also recognise that the LTTE’s separatist agenda is out of step with the wishes and needs of Tamils in Sri Lanka”.

The gap between the diaspora and Tamils in Sri Lanka has widened. Most in the country are exhausted by decades of war and are more concerned with rebuilding their lives under difficult circumstances than in continuing the fight for an independent state. Without the LTTE to enforce a common political line, Tamil leaders in Sri Lanka are proposing substantial reforms within a united Sri Lanka. While Tamils have the democratic right to espouse separatism non-violently, Tamil Eelam has virtually no domestic or international backing. With the Sri Lankan government assuming Tamils abroad remain committed to violent means, the diaspora’s continued calls for a separate state feed the fears of the Rajapaksa administration and provid e excuses for maintaining destructive anti-terrorism and emergency laws.

The Sri Lankan government must address the legitimate grievances at the root of the conflict: the political marginalisation and physical insecurity of most Tamils in Sri Lanka. The international community needs to press Colombo much more strongly for political and constitutional reforms. Donors should insist that money given to redevelop the north and east is tied closely to the demilitarisation and democratisation of the region. This should include giving Tamils and Muslims a meaningful role in determining the future of the areas where they have long been the majority. Donor governments and the United Nations must also insist on an independent investigation into the thousands of Tamil civilians killed in the final months of 20fighting in 2009.

“Tamils in Sri Lanka currently have little appetite for a return to armed struggle”, says Robert Templer. “But should the Sri Lankan state continue to fail to respond to their collective aspirations, some may eventually seek a solution through violence and could find willing partners in the diaspora”.

A post-Sarath Nanda Silva scenario in the making?

(July 98m 2009) Two fundamental rights petitions have been filed in the Supreme Court seeking changes to the verdicts delivered under the purview of the former Chief Justice Sarath Nanda Silva


One petition was filed by B. K. Abhaya Padmasiri Balasuriya of Bahirawakanda, Kandy citing that the former Chief Justice Sarath N. Silva, when he was the Chairman of the Court of Appeal, made a district court judge of Kandy to lodge a false complaint against him and he was remanded for 294 days as a result of it.


The petitioner says that the former Chief Justice chased him away without allowing him to make clarifications last year when he attempted to proceed with a fundamental rights petition. He also said that he had to wait until the former Chief Justice retired to resubmit the petition.


In the second incident, the Asia Pacific Golf Course Limited, Access International and the owners Water's Edge residencies have appealed through a motion for reconsidering the verdict in relation to the property citing that they incurred losses due to the Supreme Court verdict to revert them to the state. 


In Sri Lanka’s Judiciary: Politicised Courts, Compromised Rights, the latest policy report from the International Crisis Group, warned that the Sri Lankan judiciary is not working in a fair and impartial way that secures justice and human rights for everyone regardless of ethnicity. This risks undermining the government’s recent military victory over the LTTE (Liberation Tigers of Tamil Eelam). A durable national reconciliation process is only possible if human and constitutional rights are fully restored.

“The judiciary has not acted as a check on presidential and legislative power but has instead contributed to the political alienation of Tamils”, says Robert Templer, Crisis Group’s Asia Program Director. “Under the former chief justice, the Supreme Court’s rulings strengthened political hardliners among Sinhala nationalist parties”.

Rather than assuaging conflict, the courts have corroded the rule of law and worsened ethnic tensions. They are neither constraining militarization of Sri Lankan society nor protecting minority rights. Instead, a politicized bench has entrenched favored allies, punished foes and blocked compromises with the Tamil minority. The judiciary’s intermittent interventions on important political questions have limited settlement options for the ethnic conflict.

Sri Lanka: Politicised Courts, Compromised Rights - International Crisis Group

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Colombo/Brussels, 30 June 2009: The Sri Lankan government must reform the country’s judicial system urgently if the military defeat of the Tamil Tigers is to lead to a lasting peace.

Sri Lanka’s Judiciary: Politicised Courts, Compromised Rights, the latest policy report from the International Crisis Group, warns that the Sri Lankan judiciary is not working in a fair and impartial way that secures justice and human rights for everyone regardless of ethnicity. This risks undermining the government’s recent military victory over the LTTE (Liberation Tigers of Tamil Eelam). A durable national reconciliation process is only possible if human and constitutional rights are fully restored. 

“The judiciary has not acted as a check on presidential and legislative power but has instead contributed to the political alienation of Tamils”, says Robert Templer, Crisis Group’s Asia Program Director. “Under the former chief justice, the Supreme Court’s rulings strengthened political hardliners among Sinhala nationalist parties”.

Rather than assuaging conflict, the courts have corroded the rule of law and worsened ethnic tensions. They are neither constraining militarization of Sri Lankan society nor protecting minority rights. Instead, a politicized bench has entrenched favored allies, punished foes and blocked compromises with the Tamil minority. The judiciary’s intermittent interventions on important political questions have limited settlement options for the ethnic conflict.

Today, neither the lower nor the higher courts in Sri Lanka provide any guarantee of personal security or redress against arbitrary state violence. Although torture in police custody is endemic, courts are unwilling to provide adequate remedies for illegal or abusive detention. Police, judges and government officials have acted in ways that further the goals of powerful political actors, undermine the rule of law and deepen the current political and humanitarian crisis. The possibility of transitional justice, which is necessary for society to break the cycle of violence, is still missing.

The recent appointment of a new chief justice is an opportunity for reforms to begin. A first step toward restoring judicial independence would be a return to an orderly appointment and transfer of judges. This needs to be done both in the lower and appellate judiciary. There should also be fundamental reform of Sri Lanka’s extensive and often abused emergency laws, which are used disproportionately against Tamils. Provisions in the emergency laws concerning arrest, detention and derogation from routine criminal procedures need to be removed, as well as those that criminalize free speech and the exercise of associational rights.

“Fixing institutions and reforming laws will only have a limited effect until political actors, and especially the presidency, feel the cost of infringing on judicial independence”, warns Donald Steinberg, Crisis Group Deputy President for Policy. “Without a concerted effort by the bench and bar, the political costs of interfering with the judiciary will remain minimal”.