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Sri Lanka’s North I: The Denial of Minority Rights
Sri Lanka’s North I: The Denial of Minority Rights
Table of Contents
  1. Executive Summary
Sri Lanka’s Transition to Nowhere
Sri Lanka’s Transition to Nowhere
Report 219 / Asia

Sri Lanka’s North I: The Denial of Minority Rights

The Sri Lankan military’s control over the political and economic life of the Northern Province is deepening the alienation and anger of northern Tamils and threatening sustainable peace.

Executive Summary

Deepening militarisation and the lack of accountable governance in Sri Lanka’s Northern Province are preventing a return to normal life and threaten future violence. Scene of the most bitter fighting in the civil war, the Tamil-majority north remains under de facto military occupation, with all important policies set by Sinhala officials in Colombo. The slow but undeniable movement of Sinhala settlers into the fringes of the north and other forms of government-supported “Sinhalisation” are reigniting a sense of grievance and weakening chances for a real settlement with Tamil and other minority parties to devolve power. The international community, especially those governments and aid agencies supporting the reconstruction of the area, should demand a fundamental change of course and should structure their assistance so as to encourage the demilitarisation and democratisation of the former war zone and full respect for minority rights.

With the massive number of troops in the north have come various forms of Sinhalisation. The almost entirely Tamil-speaking north is now dotted with Sinhala sign-boards, streets newly renamed in Sinhala, monuments to Sinhala war heroes, and even a war museum and battlefields that are open only to Sinhalese. Sinhala fishermen and businessmen are regularly given advantages not accorded to Tamils. The slow but steady movement of Sinhala settlers along the southern edges of the province, often with military and central government support and sometimes onto land previously farmed or occupied by Tamils, is particularly worrying. These developments are consistent with a strategy – known to be supported by important officials and advisers to the president – to change “the facts on the ground”, as has already happened in the east, and make it impossible to claim the north as a Tamil-majority area deserving of self-governance.

The Northern Province has been at the centre of a half-century of ethnic conflict. Comprising the Jaffna peninsula and the Vanni region, the latter largely controlled by the Liberation Tigers of Tamil Eelam (LTTE) from the 1990s until 2009, the province bore the brunt of the 25 years of war that came to a bloody end in May 2009, with up to 40,000 civilians killed and the military defeat of the LTTE. The north constitutes the core of the homeland claimed by Tamil nationalists and fought for by the guerrilla. Tamil demands for self-rule in the north (together with the now multi-ethnic east) have been bitterly contested by many Sinhalese; the failure to grant regional autonomy gave birth to demands for a separate state and led to civil war. While the conflict continued, large portions of the north functioned as a refuge for Tamils fleeing violence and discrimination in Sinhala-majority areas in the south, while also putting them under the control of the totalitarian LTTE. Some 75,000 Tamil-speaking Muslims expelled from the north by the movement in 1990 – now grown to as many as 200,000 – remain displaced from their homes and lands.

Deepening militarisation of the province presents a threat to long-term peace and stability. Far in excess of any legitimate need to protect against an LTTE revival, the militarisation of the north is generating widespread fear and anger among Tamils: indeed, the strategy being executed runs the risk of inadvertently resurrecting what it seeks to crush once and for all – the possibility of violent Tamil insurrection. The construction of large and permanent military cantonments, the growing involvement of the military in agricultural and commercial activities, the seizure of large amounts of private and state land, and the army’s role in determining reconstruction priorities are all serious concerns. They are discussed in a companion report, Sri Lanka’s North II: Rebuilding under the Military.

This report examines how effective military control over the civil administration as well as control and surveillance of civil society, along with government-supported Sinhalisation, has undermined many of the expected benefits from an end to the war. Enforced disappearances, violent crackdowns on protestors in various towns and extrajudicial punishments have shown the sharper edge of military policing and revealed the deep mistrust on both sides of the civil-military and Tamil-Sinhala divides.

Continued Sinhalisation and militarisation of the north threaten to render pointless the stalled negotiations on devolution between the government and the Tamil National Alliance (TNA), the clear favourite among Tamil voters in the north after victories in parliamentary and local government elections. Despite strong pressure from the Indian and U.S. governments, the government of President Ma­hin­da Rajapaksa shows little inclination to offer any tangible devolution of power to the north (or the multi-ethnic east); even the limited powers legally devolved to provincial councils under the current constitution are not in practice shared. In the absence of a functioning provincial council – despite repeated government promises of early elections – the north is ruled directly by the governor, a retired general and presidential appointee.

However important devolution of power ultimately will be, the longer current policies are allowed to remain in place, the harder it will be to achieve meaningful power-sharing with a Tamil-majority north. Government-TNA negotiations and international pressure should therefore focus first on the demilitarisation of the province, the reestablishment of civilian and democratic governance, and an end to any government-supported Sinhalisation. The government can begin on this agenda by implementing the many sensible recommendations of its own Lessons Learnt and Reconciliation Commission and demonstrate its commitment by presenting a concrete roadmap for reconciliation and democratisation. Donors and development agencies can support these changes by speaking out clearly about the lack of democratic conditions in the north and by insisting that their programs be developed in consultation with local communities and leaders and implemented by an autonomous civil administration.

Colombo/Brussels, 16 March 2012

Op-Ed / Asia

Sri Lanka’s Transition to Nowhere

Originally published in The Diplomat Magazine

The bloom is off two years of hope that the rule of law can be restored for all and that a 60-year failure to grant Tamils a fair share of power, in the Sinhala majority island, can be rectified.
 

 

In January 2015, the shock electoral defeat of President Mahinda Rajapaksa by his former ally, Maithripala Sirisena, rescued Sri Lanka from a slide into increasingly harsh nationalist authoritarianism. The victory of a broad coalition representing Sinhalese, Tamils, and Muslims gave hope that the country could begin to address its longstanding political challenges: remedying the 60-year failure to grant Tamils a fair share of power in the Sinhala majority island and restoring for all the rule of law, damaged by decades of politicization, bitter ethnic bias, and impunity for grave abuses committed during the civil war with the Tamil Tigers.

The momentum of the early months soon slowed, as deep political dysfunctions reasserted themselves in the face of reforms meant to shake up entrenched political practices and policies. Two years on, the bloom is off. Time is running out for any reform at all. Government leaders should remember how easily they were sidelined when Rajapaksa’s triumphalist majoritarian politics held sway. For their own survival and to deliver on at least some of their big promises, they must collectively reject narrow chauvinistic politics and daily bickering and invest their remaining political capital in promoting an inclusive vision to build a more accountable political order and mitigate the risk of future conflict.

Sirisena’s first nine months as president saw real progress. With his electoral coalition, anchored around the United National Party (UNP), strengthened by the support of a large section of his – and Rajapaksa’s – Sri Lanka Freedom Party (SLFP), he won the needed two-thirds parliamentary approval for a key electoral pledge: a constitutional amendment to reduce the presidency’s enormous powers and restore the independence of oversight commissions for the police, judiciary, and human rights. The government ended censorship and intimidation of the media and partially scaled back the heavy military presence in Tamil-majority areas in the north and east of the island. The military was convinced, reluctantly, to return some of the huge swathes of private land it had seized during and after the war.

Sirisena’s election was followed in August 2015 by the narrow victory of a UNP-led coalition over a grouping led by former President Rajapaksa and including much of the new president’s Sirisena’s own SLFP. This allowed Sirisena to reassert enough control over the fractured SLFP to convince the majority of the parliamentary group to form an unprecedented national unity government with its long-time rival UNP, headed by Prime Minister Ranil Wickremesinghe. The grand coalition reaffirmed the parties’ ambitious agenda to revive the beleaguered economy, investigate alleged corruption and political murders under the previous regime, promote reconciliation and, most important, draft a new constitution. Key aims of constitutional change were to check centralization of power in presidential hands, adopt a new electoral system and expand the powers devolved to provinces to address Tamils’ long-standing demands for autonomy in the north and east.

Read the full text at The Diplomat Magazine