Dublin, 12-01-2010
The
war in Sri Lanka commenced in July 2006 with the final collapse of
the internationally backed 2002 peace process between the government
of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE). The
declared objective of the Sri Lankan government was to eliminate the
LTTE and capture all areas previously controlled by it. This war,
with such a terrible humanitarian cost, was declared as over by the
Sri Lankan government on 18 May 2009. The international media
characterised this last phase of the war as a 'war without witness'
due to the fact that journalists and other potential witnesses like
aid workers were prevented by the government from remaining in the
area.
By
April 2009, according to United Nations internal documents, air raids
and use of heavy weapons were resulting in the death of 116 people a
day. During the last weeks of the war, according to reports in the
British and French press, over 20,000 people were killed when the Sri
Lankan armed forces used heavy artillery fire against hundreds of
thousand of Tamil people crowded in an extremely small area ( cf. The
Times, Le Monde and France 24 - all on 29.05.09). According to
Human Rights Watch, hospitals were bombed 30 times between 8th of
December 2008 and 2nd of May 2009 and, according to a French medical
team, cluster munitions and white phosphorous have been used against
these civilians. There has been media evidence of torture, summary
executions, rape and sexual violence, and of food and water being
used as a weapon of war against civilians by the Sri Lankan military.
Those
who survived after the final phase of the war - approximately 280,000
people - have been detained in camps run by Sri Lankan soldiers for
the past six months. There are reports of abductions, rape,
disappearances and killing of people in the camps. International and
local media were not allowed to enter these camps and aid agencies
that have been allowed in have had severe limitations imposed on
them. A further 11,000 are being kept in undisclosed locations, most
of them without access to their lawyers or anyone from the outside
world.
A
‘victor's peace' has been imposed upon a 60 year old ethnic
conflict through the imposition of a military solution. This is
contrary to the assertion by the international community in 2002 that
there cannot be a military solution to the ethnic conflict on the
island. It is on this basis that the international community actively
supported the cease-fire and the ensuing peace process, and it is on
this basis that Norway facilitated the process by awarding ‘parity
of esteem' to the two parties in the conflict.
After
May 2009 Sri Lanka is said to have entered into a post-war situation
in which a military victory over one party has been declared.
However, charges of massive violations of human rights have not been
examined so far by an independent and credible body. Moves made by
the UN Human Rights Commission to probe into the human rights abuses
were thwarted by geo-political pressures. We, the members of the
Irish Forum for Peace in Sri Lanka, believe that issues of human
rights and justice have to be addressed as a prerequisite for a
peaceful settlement in Sri Lanka. The People's Tribunal on Sri
Lanka is organised as a basic step towards that end.
In
May 2009 the members of the Irish Forum for Peace in Sri Lanka
(IFPSL), in consultation with sister lobby groups in Europe, decided
to appeal to a group of internationally renowned eminent persons to
write to the Sri Lankan government to seek permission to visit the
detention camps in Sri Lanka. As scepticism grew regarding obtaining
permission from the Sri Lankan government (due to the deportation of
several groups and individuals who reported to the world about the
detention camps) members of IFPSL initiated a discussion with the
Permanent Peoples' Tribunal (PPT) based in Rome which has a long
history of carrying out independent investigations into human rights
abuses ranging from Latin America to Africa and Asia. The meetings
with PPT were facilitated by Prof. Francois Houtart who has been an
expert and juror in a lot of the PPT's Session. As a result of
these discussions the PPT has agreed to conduct a Session on Sri
Lanka following the methodology of the Bertrand Russell-Sartre
Tribunal on Vietnam.
The
two main areas that will be investigated are as follows :1. The
Permanent People's Tribunal will investigate the allegations that
the Government of Sri Lanka and its armed forces committed war crimes
and crimes against humanity during its final phase of the war with
the Liberation Tigers of Tamil Eelam.
2.
The PPT will also examine violations of human rights in the aftermath
of the war and the local and international factors that led to the
collapse of the 2002 Ceasefire Agreement.
Legal
and human rights groups from Asia, the EU and the UN will be invited
to submit reports on crimes against humanity, war crimes and crimes
against peace in Sri Lanka.
Evidence
will be given by individuals and groups who have first hand knowledge
about these crimes.
The
2002 CFA was facilitated by the Norwegian government. The USA, EU and
Japan worked with the Norwegian government as the co-chairs of the
2002 peace process. The CFA was monitored by representatives from the
Nordic countries. Representatives will be invited from these
international bodies to give evidence at the tribunal.
The
jury has been chosen from across the global south and north in order
to transcend geopolitical barriers and to ensure that its findings
are both credible and ethically binding.
Ireland
has been chosen because of its historical status as a post-colonial
nation, the success of the Northern Ireland peace process, and its
traditional policy of neutrality.
Members
of the Panel of Judges of the People's Tribunal on Sri Lanka:
1.
François Houtart (UNESCO awardee for non-violence and
tolerance, Chairperson of the UN Committee on Economic Recession,
Prof. Emeritus, University of Louvain, Belgium. Founding Member of
the World Social Forum, Honorary Member of the Academy of Sciences of
Vietnam and Cuba, Laureate of the Camilo Torres Prize of the National
University of Colombia, Bogota)
We
have tried to list the panel according to age following the Asian
custom for showing respect
2.
Rajinder Sachar (Former High Court Judge of Delhi, headed the
Sachar Committee appointed by the Indian Prime Minister, Manmohan
Singh, to prepare a report on the social, economic and educational
status of the Muslim community in India)
3.
Nawal al Saadawi (Egyptian writer, trained as a medical
doctor, known for her outstanding work for women's rights in Egypt
and in the region. She has been imprisoned for her activities and
writings in Egypt. She has also been United Nation's Advisor for the
Women's Programme in Africa (ECA) and Middle East (ECWA) from 1979 to
1980. She is a prolific author)
4.
Sulak Sivaraksa (Thai Buddhist peace campaigner and writer,
initiator of a number of social, humanitarian, ecological and
spiritual movements and organizations in Thailand. He was awarded the
Alternative Nobel Prize (Right Livelihood Award))
5.
Denis Halliday (Former Assistant Secretary-General of the
United Nations. He resigned from his 34 year old career in the UN
because of the economic sanctions imposed over Iraq by the Security
Council. Laureate of the Gandhi International Peace Award)
6.
Gianni Tognoni (Secretary General, People's Permanent
Tribunal, Milan)
7.
Daniel Feierstein (Director of the Centre for Genocide Studies
at the Universidad Nacional de Tres de Febrero, and Professor in the
Faculty of Genocide at the University of Buenos Aires)
8.
Mary Lawlor (Director, Front Line - The International
Foundation for the Protection of Human Rights Defenders, Dublin)
9.
Oystein Tveter (A scholar of International Law and member of
the People's Tribunal on extra-judicial killings and violations of
human rights in the Philippines)
10.
Eren Keskin (Kurdish-born lawyer and a human rights activist
in Turkey, Vice President of the Human Rights Association, Istanbul.
She co-founded the project ''Legal Aid For Women Who Were Raped Or
Otherwise Sexually Abused by the National Security Forces'', to
expose the abuses happening to women in Turkish prisons. In 1995, she
was imprisoned for her human rights activities and was adopted as a
prisoner of conscience by Amnesty International)
11.
Francesco Martone (An ex-Senator in Italy, a leading activist
in the non-governmental sector and an ecologist)
Among
those who cannot be on the Panel - for various reasons - but have
agreed to publicise and interpret the findings of the Tribunal are:
1.
Krishna Iyer (Former Judge of the Indian Supreme Court, former
Minister in the Kerala Parliament and a figure of great prominence in
India)
2.
Miguel d'Escoto Brockmann (Senior Advisor on Foreign Affairs
in Nicaragua, the outgoing President of the UN General Assembly, the
former Minister for Foreign Affairs in Nicaragua, a liberation
theologian and laureate of the Lenin Peace Prize and winner of the
Thomas Merton Award)
3.
Adolfo Pérez Esquivel (Argentinian human rights campaigner,
and a Nobel Peace Prize winner)
4.
Irene Fernandez (A leading Malaysian trade unionist and a
human rights campaigner)
5.
Arundhati Roy (Writer, Journalist and Booker prizewinner)
What
is The Permanent Peoples' Tribunal (PPT)?
The
Permanent Peoples' Tribunal (PPT) is a tribunal of international
opinion independent of State authorities. It examines and provides
judgements on violations of human rights and the rights of peoples.
The Tribunal was founded in Bologna (Italy), June 24th 1979, by law
experts, writers and other intellectuals. It succeeded the Russell
Tribunal (International War Crimes Tribunal), which, in 1967, exposed
the war crimes committed against the Vietnamese people. The Permanent
Peoples' Tribunal was created out of the Lelio Basso International
Foundation for the Rights and Liberation of Peoples (FILB),
established in 1976 and inspired by the Universal Declaration of the
Rights of Peoples at Algiers (also named the Algiers Declaration).
The Permanent Peoples' Tribunal may use international human rights
law and/or the Declaration on the Rights of Indigenous Peoples
adopted by the United Nations.
The
Permanent Peoples' Tribunal has examined the cases of Tibet, Western
Sahara,
Argentina,
Eritrea, the Philippines, El Salvador, Afghanistan, East Timor,
Zaire, Guatemala, the Armenian Genocide, the intervention of the
United States in Nicaragua, the Brazilian Amazon, and others.
The
Irish Forum for Peace in Sri Lanka (IFPSL)
The
Irish Forum for Peace in Sri Lanka (IFPSL) was established in May
2007 by a group of human rights and peace campaigners, artists and
academics in Ireland with the aim of helping to promote human rights,
democracy and a negotiated settlement in Sri Lanka. Since its
inception the Forum has been engaged in numerous activities to raise
awareness among the Irish public about the Sri Lankan conflict that
has claimed over one hundred thousand lives and displaced over one
and a half million people. The group has worked closely with NGOs and
the Irish Government in this regard while making broader alliances
with similar groups in Europe, internationalizing its call to protect
human rights and democracy in Sri Lanka. The IFPSL has consistently
spoken out in favour of a negotiated peaceful resolution to the
decades long Sri Lankan conflict as opposed to a militaristic
solution.
For
further information on PPT Session on Sri Lanka:
Permanent
Peoples' Tribunal
Secretary
General, Gianni Tognoni Via della Dogana Vecchia,5 00186 Rome
(Italy) Email: pptribunal@internazionaleleliobasso.it;
tribunale@internazionaleleliobasso.it; filb@iol.it Website:
www.internazionaleleliobasso.it
People's
Tribunal on Sri Lanka
Co-ordinators
Dr. Jude Lal Fernando; Ms. Claire de Jong Email:
peoplestribunalsl@gmail.com On behalf of the Irish from for Peace
in Sri Lanka Website: ifpsl.org
Source:
http://www.ifpsl.org/
|