15 Years After the Civil War Ended, Sri Lanka Faces Another Crucial Election

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Agnes Callamard, Secretary General of Amnesty International, addresses the media and the community at the site of the Mullivaikal massacre. She says justice is overdue for the families of those killed and disappeared during the Sri Lankan civil war. Credit: Johan Mikaelsson/IPS

Agnes Callamard, Secretary General of Amnesty International, addresses the media and the community at the site of the Mullivaikal massacre. She says justice is overdue for the families of those killed and disappeared during the Sri Lankan civil war. Credit: Johan Mikaelsson/IPS

MULLIVAIKAL, Sri Lanka , Sep 16 2024 (IPS) – Thousands of Tamils are heading to Mullivaikal on the northeast coast of Sri Lanka, many of whom were here 15 years ago and still live in the region. They are there, May 18, to commemorate the massacre of civilians in a ‘no fire zone’ during the final stages of the civil war.


This was the last day of the bloody civil war, which raged mainly in the northern and eastern parts of the island since 1983. The Liberation Tigers of Tamil Eelam (LTTE) guerrillas had finally surrendered to the Sri Lankan government. The aftermath continues to rock the island.

The ethnic conflict between the island nation’s majority Sinhalese population and the minority Tamils (who were in the majority in the north and east) had escalated after 1948 when the country gained independence from Britain, the last in the line of colonial powers.

The whole island suffered during the war. Sri Lankan Tamils have been through a lot, especially those who lived in the war-torn north. Everyone who came to the beach on this day of remembrance wants to honor the memory of loved ones who fell victim and the blood that was spilled in the sand.

“Everyone here has a family member or relative who didn’t make it,” explains the teacher Shanmuganathan, who has stopped with his motorcycle by the road where porridge made from rice, the only thing that was available to eat in the war zone, is being offered before Memorial Day.

The war has left its mark. He shows scars from shrapnel and tells us that he lost his wife in the final stages of the war. He has continued to work and is involved in a teacher’s union.

Women pray during the commemoration of the Mullivaikal massacre. Thousands died in no fire zones in the final days of the war. Credit: Johan Mikaelsson/IPS

Women pray during the commemoration of the Mullivaikal massacre. Thousands died in no fire zones in the final days of the war. Credit: Johan Mikaelsson/IPS

Internationally, the calls to investigate targeted bombings of civilians, mass executions of surrendering Tiger soldiers and leaders, widespread sexual violence and other torture are no longer as loud. Many of those who protested and demanded to know what happened to missing relatives have died without receiving any response from the government.

When war crimes are discussed, the government side highlights that the terrorist-branded LTTE carried out acts of terror against civilian targets in the south and that Tamils in the north were used as human shields.

The peace process that began in 2002 with a ceasefire and peace talks led by the Norwegian government and facilitator Erik Solheim stalled and the ceasefire agreement was torn apart by the parties. Sri Lankan government forces in 2008 launched a final offensive to capture the parts then still controlled by the LTTE, which had been fighting for a separate Tamil state in the northern and eastern parts of the island.

In early 2009, the Tigers abandoned their main stronghold, the town of Kilinochchi. The areas under guerrilla control were shrinking ever faster. Tiger leader Velupillai Prabhakaran did not listen to calls to lay down arms and surrender. Eventually, a narrow coastal strip remained, with several hundred thousand civilians and the remnants of the guerrilla movement pressed together and under fire from land, sea, and air.

For Remembrance Day, a school in the town of Puthukkudiyiruppu is organizing a poetry competition. One of the participants, Kamsaini, now 24, wants to share her experiences with the schoolchildren, who were born after the war.

“The generations after me know nothing about the pain I felt these days. We had neither food nor water and I lost several family members; some died, and my sister is missing,” explains Kamsaini.

In place under the hot sun in Mullivaikal is Agnes Callamard, Secretary General of Amnesty International. During her stay on the island, she has met President Ranil Wickremesinghe, who opened up for the visit, which was not a given. When the Rajapaksa brothers ruled the country (2005-2015, 2019-2022), the government allowed the military and police to prevent Tamils from observing commemorations linked to the war.

One reason why Callamard and Amnesty International want to be there is that she does not want Sri Lanka to “fall off the agenda,” which could happen if the main actor within the United Nations, the Office of the High Commissioner for Human Rights in Geneva, does not succeed with the latest in a series of resolutions on Sri Lanka voted through in the UN Human Rights Council.

She sees the issue of the war in Sri Lanka as a crucial test for the international community. A 30-year-long civil war must not be swept under the carpet, she believes

“Every time we fail to create justice, we all, including the international community, get a wound. We’re here because we don’t want that to happen. We feel the determination of many people in Sri Lanka and civil society, both Tamils and Sinhalese and a range of actors who are committed to seeing justice delivered,” says Callamard.

In this way, it represents a defining moment for the United Nations. Callamard is critical of the UN Security Council, which “has not taken a single step for Sri Lanka.”

Amnesty International advocates, as do a number of states, that the latest resolution must be implemented.

“Just a lot of ‘blah, blah, blah,’ something for the eyes, investments in so-called institutions and nothing, nothing, nothing. Fifteen years. Come on!” she urges.

Even on the island, there are far too many who have done nothing at all.

“The point is that the government in power must step forward, the political parties must step forward, the parliament must step forward, the religious leaders must step forward, cultural leaders must step forward. It should be an issue that everyone rallies around. The problem is that governments are being replaced. So it’s not good enough. Everyone must take their responsibility,” says Callamard.

In Mullivaikal, many people share memories. James Confucius, a Catholic priest, tells how he and a group of people barely made it out of the war zone alive.

“We waved a white flag, and we went in the direction of the soldiers to surrender, but then they shot at us, so we had to turn back,” he says.

They waited in a sand bunker and finally got another opportunity. The soldiers they encountered believed that an injured woman in the group was a Tiger soldier, because she had short hair. The priest pleaded and said she needed hospital treatment, but the soldiers said the woman had to stay.

The group had to move on and when they had gone only a short distance, they heard a shot.

“I turned around and saw that the woman had been shot,” says Confucius.

In total, roughly 300,000 people got out of the war zone. An estimate that has often been used is a death toll of 40,000 civilians in the final stages of the war alone. Tamils state higher numbers, while Sri Lankan authorities write low death tolls, including in the 2010 report by the Lessons Learned and Reconciliation Commission (LLRC), appointed by the government.

The then sitting president, Mahinda Rajapaksa, had previously said that “not a single Tamil civilian has been killed by the military.”

Experts have dismissed the statement as absurd. While the majority of Tamil politicians still refer to “genocide,” the issue of death tolls rarely receives the same attention as it did in the years after the civil war.

The UN Human Rights Council has voted through a number of non-binding resolutions that Sri Lanka is expected to follow, but no real action on the problem has been taken in Sri Lanka. There is also nothing to suggest that this will happen.

None of the main candidates in the presidential election on September 21 have highlighted truth-seeking, the rule of international law, regional power-sharing and reconciliation—what the UN is asking for. The economy is in focus, the nation and the citizens, and all candidates want to stop corruption.

The agreement that the government reached with the International Monetary Fund (IMF), is also being discussed. It was negotiated by President Ranil Wickremesinghe, who is not elected by the people but took over by a vote in Parliament after Gotabaya Rajapaksa resigned and fled the country as a result of the April-July 2022 Aragalya (meaning struggle in Sinhalese) protest movement. Before that, Rajapaksa had appointed Wickremesinghe as Prime Minister.

At the Ministry of Defense (MOD) on the outskirts of the capital Colombo, soldiers and officers move inside the compound, which is surrounded by high walls. For some, the Vesak holiday awaits when the full moon approaches. The armed forces also marked the end of the war and Victory Day, but more quietly than in previous years.

Colonel Nalin Herath is the MOD media spokesperson. Right now, work is being done to adapt the forces to actual needs. Herath says they will shrink to 100,000 by 2030. Many who were previously employed in the military have faced unemployment as civilians.

An urgent issue is trying to bring home hundreds of ex-soldiers who were lured by middlemen to go to Russia to work for Russia’s army. Most are said to have received promises not to take part in battle, which hasn’t been the case.

“We should not have mercenaries in war; it violates international law,” says Nalin Herath.

Some have also fought and died on Ukraine’s side. Herath emphasizes that Sri Lanka is neutral, adheres to non-alignment, and does not want to comment on whether it is worse to fight for Russia, which is waging an illegal war of invasion and committing war crimes.

Close to 20 men from Sri Lanka, who were on the Russian side of the front in June, were confirmed dead. An unknown number of men have surrendered to Ukrainian forces. Hundreds of former soldiers have not been heard from for a long time, which emerged after the Ministry of Defense in April-May opened a telephone line where relatives can call.

Sri Lankans who have become Russian citizens can effectively be stuck in a death trap, as the Sri Lankan government became aware after a delegation traveled to Moscow in June to discuss the matter with the Russian counterpart. It was explained that the Sri Lankans who became Russian citizens are now under Russian law.

As a spokesperson for a military organization, Herath talks about a general goal.

“War means destruction. Both parties suffer. This should not be an era of war. As a soldier, I want to see a peaceful world. The smartest thing would be to avoid the wars,” he states.

He highlights international humanitarian law, which he teaches, both in Sri Lanka and internationally. He mentions the good the Sri Lankan military has done. After the war, minefields were cleared, land was returned and soldiers donated blood to the hospitals.

But he cannot comment on Amnesty International’s statement. Political leaders are responsible for handling this. He nevertheless states:

“Violations occur in all wars. Here we are dealing with isolated cases,” he adds.

Consensus still lingers.

IPS UN Bureau Report

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USA: ‘The Stakes in the 2024 Election Are Incredibly High for the Fate of US Democracy’

Civil Society, Crime & Justice, Democracy, Featured, Headlines, International Justice, North America, TerraViva United Nations

Jul 25 2024 (IPS) –  
CIVICUS discusses the recent US Supreme Court ruling on presidential immunity and its potential impact on the 5 November presidential election with Ciara Torres-Spelliscy, a professor of Law at Stetson University College of Law.


On 1 July, the US Supreme Court ruled that presidents have absolute immunity for the exercise of their core constitutional powers and are entitled to a presumption of immunity for other official acts, although they don’t enjoy immunity for unofficial acts. The decision comes as Donald Trump faces criminal charges for trying to overturn his 2020 election loss to Joe Biden. The question now is whether Trump’s actions will be considered official or unofficial. But it’s unlikely he’ll be tried before the election, and if he returns as president he could pardon himself. Critics claim the Supreme Court ruling violates the spirit of the US Constitution by placing the president above the law.

What are the main points of the Supreme Court ruling on presidential immunity?

This is a ruling in the federal case against Trump for trying to overturn his loss to Biden in the 2020 election. He is accused of pressuring state officials to overturn the results, spreading lies about voter fraud and using the Capitol riot of 6 January 2021 to delay Biden’s certification and stay in power. Trump pleaded not guilty and asked the US Supreme Court to dismiss the entire case, arguing that he was acting in his role as president and was therefore immune from prosecution.

The Supreme Court didn’t do that, but instead created three new categories of presidential immunity: complete immunity for official acts involving core constitutional powers, potential immunity for acts within the ‘outer perimeter’ of official duties and no immunity for private, unofficial acts.

The key question now is whether Trump’s actions will be deemed official, giving him immunity, or unofficial, leaving him open to prosecution. This is the first case of its kind, as Trump is the first American president to be prosecuted.

How does this ruling affect Trump’s other criminal cases?

This immunity ruling is likely to delay all four of his criminal cases, as judges will have to apply these new rules and drop any charges that involve the use of core presidential powers, as these can no longer be used as evidence against him.

As well as being accused of trying to overturn his 2020 defeat, Trump is also accused of paying adult film actress Stormy Daniels hush money during the 2016 election and not properly accounting for it in his business records. This case is unlikely to be affected by the ruling, as his actions don’t involve either core or peripheral presidential powers. Judge Merchan will have to decide whether any of his 34 felony business fraud convictions will stand or be thrown out.

But some of his other crimes occurred during his time in the Oval Office. Trump is accused of conspiring to overturn his 2020 loss in Georgia by asking the state’s top election official to ‘find 11,780 votes’. Trump has pleaded not guilty and could be prosecuted in his personal capacity, as presidents have no role in administering US elections. As in the Capitol case, this was a private action he took as a candidate and it would be difficult to fit into the category of presidential immunity.

The fourth case Trump faces is the Mar-a-Lago classified documents case. Trump is accused of mishandling classified documents by taking them to his Mar-a-Lago residence after leaving office and refusing to return them to the National Archives when he could no longer lawfully possess them. As his alleged crimes took place when he was no longer president, this case shouldn’t be affected by the immunity ruling. However, he could argue he possessed the documents while in office and ask that his case be treated differently from other defendants. This case was dismissed by Judge Cannon. However, the Mar-a-Lago criminal case could come back to life if the 11th Circuit reverses her dismissal.

What are the broader implications of this case for the presidential election?

After this decision, the American public should think about the consequences of who they elect as president, because the presidency can become a wellspring of crime.

An honest president wouldn’t be affected by the Trump v. US decision, because an honest person doesn’t need criminal immunity. Only time will tell whether the Supreme Court has invited future presidents to go on a crime spree. But what is certain is that only US voters can keep criminals out of the White House. So, as I write in my new book, Corporatocracy, the stakes in the 2024 election are incredibly high for the fate of US democracy.

Civic space in the USA is rated ‘narrowed’ by the CIVICUS Monitor.

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