Arrow Left Arrow Right Camera icon set icon set Ellipsis icon set Facebook Favorite Globe Hamburger List Mail Map Marker Map Microphone Minus PDF Play Print RSS Search Share Trash Twitter Video Camera Youtube
Sri Lanka’s North II: Rebuilding under the Military
Sri Lanka’s North II: Rebuilding under the Military
Table of Contents
  1. Executive Summary
Sri Lanka: Jumpstarting the Reform Process
Sri Lanka: Jumpstarting the Reform Process
Report 220 / Asia

Sri Lanka’s North II: Rebuilding under the Military

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

Sri Lanka’s military is dominating the reconstruction of the Northern Province, weakening international humanitarian efforts and worsening tensions with the ethnic Tamil majority. Since the war ended in 2009, hundreds of millions of dollars have poured into the province, but the local populations, mostly left destitute by the conflict, have seen only slight improvements in their lives. Instead of giving way to a process of inclusive, accountable development, the military is increasing its economic role, controlling land and seemingly establishing itself as a permanent, occupying presence. Combined with what many Tamils see as an effort to impose Sinhala and Buddhist culture across the whole of Sri Lanka and a failure to address many social aspects of rebuilding a society after conflict, these policies risk reviving the violence of past decades. Donors should put government accountability, the needs of returnees and the expansion of a democratic political role for the Tamil minority at the heart of their aid policies or risk contributing to a revival of ethnic extremism.

The heavy militarisation of the province, ostensibly designed to protect against the renewal of violent militancy, is in fact deepening the alienation and anger of northern Tamils and threatening sustainable peace. Major new military bases require the seizure of large amounts of public and private land and the continued displacement of tens of thousands. The growing involvement of the military in agricultural and commercial activities has placed further obstacles on the difficult road to economic recovery for northern farmers and businesses. When challenged by public protest, the military has shown itself willing to physically attack demonstrators and is credibly accused of involvement in enforced disappearances and other extrajudicial punishments.

The government points to the many new roads, rapid economic growth and numerous new infrastructure projects as signs of a post-war “northern spring”. For most of the more than 430,000 people who have returned to their lands and villages over the past two years, however, there has been little benefit. Residents of the Vanni region – the mainland of the Northern Province – returned to a land devastated by the final years of war: almost all homes and buildings were destroyed; most personal property was lost, damaged or looted. Most returnees remain in makeshift and inadequate shelters and many struggle to afford food, with few jobs or economic opportunities and little or no savings. Few schools and medical centres have been rebuilt. Women in the north face particularly difficult situations: female-headed households, many without permanent shelter or regular income, in the context of domination by a male, Sinhalese military are extremely vulnerable.

Gender-based violence and the Sinhalisation of the Northern Province through cultural and demographic changes have been addressed in Crisis Group’s two most recent papers on Sri Lanka, the latter a companion report to this one. This report examines the dominance of the military in the reconstruction of a region that was almost completely destroyed during decades of war. It also looks at the ways in which military priorities have shaped the government’s and the international community’s response to the deprivations of the local population. A focus on physical infrastructure over the rebuilding of a confident, open society benefits the military and the political elite – financially and otherwise – at the expense of the majority of the province’s population.

Government restrictions on aid and early recovery activities, often enforced by local military commanders, have prevented the effective delivery of many social services, including systematic and effective trauma counselling and other psycho-social support to families struggling to cope with the deaths and disappearance of tens of thousands of relatives. The military’s influential role over northern development policy – through the Presidential Task Force on Resettlement, Reconstruction and Security in the Northern Province (PTF) and at the district level – has marginalised the largely Tamil civil administration and led to ineffective and ethnically biased rebuilding. More generally, the government’s emphasis on large-scale development projects has diverted resources and energies away from the more immediate needs of returnees. Donors and development and aid agencies have done too little to speak out about or effectively challenge these policies, even as they undermine the prospects for sustainable return and recovery.

International engagement with Sri Lanka should prioritise the reestablishment of civilian and democratic governance in the north, and the end of the military control over development activities. Donors, particularly the multilateral agencies, China, India and Japan, should insist that their programs address the pressing needs of the more than 430,000 returnees in a manner that is transparent and accountable to the local population. They should press the government to lift onerous restrictions on the delivery and monitoring of assistance. UN agencies and non-gov­ern­men­tal organisations (NGOs), with the support of their donors, should more actively resist the government’s tight controls over their operations, better defend humanitarian principles, and push for the restoration of civilian authority throughout the north. Monitoring of projects must go beyond platitudes to ensure that reconstruction money does not fuel the culture of corruption and the erosion of democracy that have worsened despite the end of the war.

Colombo/Brussels, 16 March 2012

Sri Lanka's President Maithripala Sirisena (front) stands for the national anthem during a ceremony to swear in Ranil Wickremesinghe, leader of the United National Party, as Sri Lanka's new prime minister, Colombo, 21 August 2015. REUTERS/Dinuka Liyanawat
Report 278 / Asia

Sri Lanka: Jumpstarting the Reform Process

Seven years after its civil war ended, Sri Lanka’s democratic space has reopened but strains are building from a powerful opposition, institutional overlaps and a weakened economy. To make reforms a real success, the prime minister and president should cooperate with openness and redouble efforts to tackle legacies of war like impunity, Tamil detainees and military-occupied land.

Executive Summary

The unexpected chance for lasting peace and reconciliation in Sri Lanka that followed President Maithripala Sirisena’s January 2015 election faces increasing turbulence. Initial moves by Sirisena’s government halted and began to reverse the slide into authoritarianism and family rule under Mahinda Rajapaksa. Its reform agenda is ambitious: restoring the rule-of-law and ending impunity for corruption and abuse of power; a new constitution; a complex package of post-war reconciliation and justice mechanisms agreed with the UN Human Rights Council (UNHRC); and major policy changes to jump-start a beleaguered economy. Progress, however, has been slower than key constituencies expected and lacks the coherence and resources needed to sustain it. The “national unity” government expanded the political centre and isolated hard-line nationalists, but the window for change has begun to close. Seizing Sri Lanka’s unprecedented opportunity for reform requires bolder and better coordinated policies, backed by a public relations campaign to restore sagging popular support.

The stuttering progress strains ties between the government and the constituencies that brought it to power. Tamils in the north and east voted overwhelmingly for Sirisena but are increasingly doubtful he will fulfil his reconciliation and justice promises. Many Sinhala “good governance” activists criticise the failure to follow through on rule-of-law measures, continued cases of alleged nepotism and corruption and what they consider the lethargic pursuit of corruption and criminal investigations. As the budget deficit grows and currency reserves dwindle, belt-tightening has been blocked or scaled back due to protests. At the same time, strains are growing between Sirisena’s Sri Lanka Freedom Party (SLFP) and the United National Party (UNP) of Prime Minister Ranil Wickremesinghe. The small window for threading the political needles essential for reforms is shrinking. 

Institutional factors hamper progress: too few staff and too little expertise, particularly on reconciliation and transitional justice issues, multiple power centres and unwieldy, often overlapping ministries, and the different priorities and governance styles of president and prime minister. Governance reforms are slowed by need to work through bureaucrats and politicians implicated in past abuses, some of whom were given cabinet posts to help the government achieve the two-thirds parliamentary majority needed to approve a new constitution.

Boldness is limited by Sirisena’s struggle to counter the faction loyal to ex-President Rajapaksa within his SLFP, especially in upcoming local elections. Reacting defensively to Sinhala nationalists’ attacks against Sirisena’s relatively modest reconciliation gestures and proposed constitutional reform and scared of giving opponents ammunition or angering the military and security services, the government has returned only a small portion of military-occupied land and released few Tamil detainees. 

Seven years after the end of the civil war in May 2009, issues of reconciliation and accountability remain largely unaddressed. The government appears to be backtracking on transitional justice plans, particularly the role of foreign judges and experts. The enormity of the crimes, especially in the final weeks of the war, makes them impossible to ignore but hard for the military and most Sinhalese to acknowledge or accept responsibility for. Mechanisms promised to the UNHRC feed Sinhala nationalist suspicions, while attempts to reassure Sinhalese and the military encourage doubts among Tamils about government willingness to pursue justice for wartime atrocities or back constitutional changes that satisfy legitimate Tamil aspirations for meaningful autonomy. 

To hold its coalition together and meet UNHRC obligations, the government must sequence reforms carefully, speeding progress on some fronts to rebuild public confidence, while committing resources to build support and institutional capacity for deeper and harder steps, particularly making progress on the critically important special court for prosecuting war crimes. Better communication and cooperation between president and prime minister, more transparent policymaking and clearer lines of authority are essential.

To rebuild confidence among Tamil communities in the north and east, the government must quickly release detainees and military-occupied land, begin credible inquiries into the fate of the disappeared, investigate and end abuses and repeal the Prevention of Terrorism Act (PTA). For these and other reforms to be sustainable, the president and prime minister will have to assert authority over the military and national security apparatus, including by developing a credible security sector reform plan. If they are serious about constitutional changes that will contribute to a lasting solution to the ethnic conflict, Sirisena and key ministers must make a much stronger public case for greater devolution of power.

Ending impunity and restoring rule-of-law are concern to the whole country, as seen in the popularity of good governance and anti-corruption citizen movements in the Sinhala south. To resonate more broadly with all ethnic groups and regions, measures for addressing the war’s legacy should be presented by the government and civil society as an integral part of the rule-of-law and good governance agenda. Moves to prosecute key cases of corruption and political killing under the Rajapaksa regime need to be backed by a sustained public relations campaign that articulates a broad vision of a reformed state, the links between the various initiatives and the benefits they bring all communities. 

As longstanding dysfunctional political dynamics reassert themselves, the government’s ability to distinguish itself from the Rajapaksa era, which is essential to its political survival, has begun to fade. If ethnic and religious chauvinists in all communities are not to grow stronger and belief in democratic reform that Sirisena’s election reflected and encouraged is to be rekindled, the government must make a concerted push to jump-start the flagging reform process.

Recommendations

To strengthen rule-of-law and democratic governance 

To the government of Sri Lanka: 

  1. Ratify the UN Disappearances Convention and pass enabling legislation criminalising disappearances; terminate the Paranagama commission on missing persons and transfer its investigation files to dedicated police investigation units. 
     
  2. Pass the pending Right to Information (RTI) Act and legislation to establish a well-resourced and empowered Audit Commission. 
     
  3. Repeal the Prevention of Terrorism Act (PTA) and replace it, in consultation with lawyers and human rights defenders, with legislation in line with Sri Lanka’s international human rights obligations; and develop and publish guidelines for expediting cases against existing PTA detainees and releasing those against whom there is insufficient evidence to bring charges.
     
  4. Overhaul the Victims and Witness Protection Act, in consultation with human rights activists, to establish a well-resourced witness protection authority fully independent of police and security forces.
     
  5. End the longstanding conflict of interest in the Attorney General’s Department by establishing a permanent, independent special prosecutor for serious human rights cases in which state officials are alleged perpetrators. 
     
  6. Establish a clear focal point in the Attorney General’s Department, staffed by state counsels vetted for conflict of interest or involvement in past cover-ups, to oversee and prosecute emblematic cases of political killings and abduction currently under investigation.

To promote reconciliation, reestablish effective civil administration in the north and east and begin security sector reform

To the government of Sri Lanka: 

  1. Take immediate steps to end remaining military involvement in civil administration; remove the military from all shops, farms, hotels and other commercial businesses; and immediately suspend construction or expansion of military camps in the north and east.
     
  2. Establish, in consultation with communities and the military, transparent principles, processes and timetables for the return of military-occupied land or payment of compensation for land that is not to be returned. 
     
  3. End intimidating monitoring of civil society activists and ex-detainees by security services and appoint an independent, multi-ethnic, well-resourced internal affairs unit to investigate credible allegations of arbitrary detentions, abductions and torture in custody.
     
  4. Begin developing a longer-term plan for comprehensive security sector reform that includes job training for demobilised personnel; and devise and implement in the short term policies for handling individuals credibly alleged to be responsible for serious violations of human rights and humanitarian law.  

To support constitutional reform needed for lasting political stability

To the government of Sri Lanka:

  1. Launch a public outreach campaign, led by the president and prime minster, in support of expanded devolution of power to provinces.
     
  2. Support a mixed electoral system that maintains proportionality and the influence of smaller, regionally-dispersed parties through use of double-ballots.

To address the complex demands of transitional justice processes

To the government of Sri Lanka: 

  1. Reaffirm publicly the government’s commitment to full implementation of the 1 October 2015 UN Human Rights Council resolution and take initial steps to build capacity and public support for effective transitional justice, by:
     
    1. launching a coordinated public outreach campaign – involving the offices of the president and prime minister, the Reconciliation Secretariat (SCRM), National Unity Office (ONUR) and national dialogue ministry – to promote the value of transitional justice mechanisms and highlight links to broader rule-of-law measures, beginning with immediate distribution of the UN Office of the High Commissioner for Human Rights (OHCHR) Investigation on Sri Lanka (OISL) report in all three languages once Tamil and Sinhala translations are available;
       
    2. giving the public consultation process adequate resources and endorsement and presenting draft legislative proposals to it for popular input, with a transparent timeframe for final submission to the parliament; 
       
    3. publishing draft legislation for the Missing Persons Office and inviting active input from families of the missing and disappeared and other stakeholders;
       
    4. establishing a timeline for training judges, lawyers and investigators for participation in the special war crimes court and for passing legislation establishing command responsibility as a mode of criminal liability and incorporating war crimes and crimes against humanity into national law; and
       
    5. requesting the OHCHR to recommend international prosecutors and judges for participation in the special court as committed to in the resolution. 

Colombo/Brussels, 18 May 2016