Identifier
Created
Classification
Origin
07COLOMBO1459
2007-10-24 15:01:00
CONFIDENTIAL
Embassy Colombo
Cable title:  

SRI LANKA: GOVERNMENT PROVIDES WEAK RESPONSE TO

Tags:  PGOV PREL PTER PHUM MOPS CE 
pdf how-to read a cable
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DE RUEHLM #1459/01 2971501
ZNY CCCCC ZZH
O 241501Z OCT 07
FM AMEMBASSY COLOMBO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7065
INFO RUEHRL/AMEMBASSY BERLIN PRIORITY 0559
RUEHKA/AMEMBASSY DHAKA PRIORITY 0478
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 7467
RUEHKT/AMEMBASSY KATHMANDU PRIORITY 5612
RUEHLO/AMEMBASSY LONDON PRIORITY 4081
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RUEHNY/AMEMBASSY OSLO PRIORITY 4127
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RUEHON/AMCONSUL TORONTO PRIORITY 0427
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RHHMUNA/HQ USPACOM HONOLULU HI PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
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C O N F I D E N T I A L SECTION 01 OF 03 COLOMBO 001459 

SIPDIS

SIPDIS

DEPARTMENT FOR SCA/INS
MCC FOR D NASSIRY AND E BURKE

E.O. 12958: DECL: 09/18/2017
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: GOVERNMENT PROVIDES WEAK RESPONSE TO
REQUEST FOR EVIDENCE OF PROGRESS ON HUMAN RIGHTS

REF: A. STATE 146746

B. COLOMBO 1421

C. COLOMBO 1358

D. COLOMBO 1232

E. COLOMBO 1225

Classified By: Charge d'Affaires James R. Moore, for reasons 1.4(b,d).

C O N F I D E N T I A L SECTION 01 OF 03 COLOMBO 001459

SIPDIS

SIPDIS

DEPARTMENT FOR SCA/INS
MCC FOR D NASSIRY AND E BURKE

E.O. 12958: DECL: 09/18/2017
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: GOVERNMENT PROVIDES WEAK RESPONSE TO
REQUEST FOR EVIDENCE OF PROGRESS ON HUMAN RIGHTS

REF: A. STATE 146746

B. COLOMBO 1421

C. COLOMBO 1358

D. COLOMBO 1232

E. COLOMBO 1225

Classified By: Charge d'Affaires James R. Moore, for reasons 1.4(b,d).


1. (C) Summary. Foreign Minister Rohitha Bogollagama on
October 23 provided Charge with an Aide Memoire response to
U/S Burns' request for additional information on the GSL's
progress on human rights indictments and convictions. The
GSL document, although constructive rather than defensive in
tone, provides little new information. While some GSL
initiatives outlined in the document are commendable, the
lack of disciplinary and corrective measures, and
particularly convictions, against human rights abusers
remains a cause for serious concern. End Summary.

U/S Burns Requests a Human Rights Progress Report
-------------- --------------


2. (C) When Foreign Minister Rohitha Bogollagama met with
U/S Burns in Washington on October 4 (ref A),U/S Burns
passed him a written request for information on GSL efforts
to hold human rights violators accountable for their actions.
(Note: Post forwarded an updated version of this memo to
the Foreign Ministry on October 12.) Specifically, the
document asked for information on trials and convictions of
members of the security forces alleged to have committed
human rights abuses. The memo also highlighted high profile
cases of killings and disappearances and raised ongoing
concerns about recruitment of child soldiers and internally
displaced persons.

Foreign Minister Delivers GSL Response
--------------


3. (C) On October 23, Charge met with Bogollagama to
receive an Aide Memoire containing the GSL's detailed
response to U/S Burns' request. Bogollagama remarked that
dialogue on human rights is normal between democratic allies,
and noted the special relationship Sri Lanka enjoys with the

U.S. He asked that we inform him of any clarifications on
their response that are required. Charge emphasized our
expectation of improved human rights performance by the GSL
and noted the Department's October 22 statement calling on
the GSL to reconsider UN High Commissioner for Human Rights
Louise Arbour's request for an expanded OHCHR presence in
Colombo.


4. (C) Post's assessment of the GSL's response is that it
contains little new information. It restates in 12 pages
plus annexes the GSL's explanations of and defenses against
allegations of human rights abuse. It does not, in our view,
represent a significant gesture or effort on the part of the
GSL to address the human rights situation in Sri Lanka. The
full text of the document and two annexes have been emailed
to SCA/INS.

Killings
--------------


5. (C) The GSL's response contains little new information
on the killings mentioned in the Department's memo. The
several paragraph account of the investigation into the
August 2006 killing of 17 aid workers in Muttur gives the
GSL's standard explanation of events. (Note: It is widely
believed that the security forces were involved in this
incident. Members of IIGEP have repeatedly told Emboffs that
their work on the case has revealed that GSL security forces

COLOMBO 00001459 002 OF 003


are responsible for the killings.) No new information was
provided on the June 2007 killing of two Sri Lankan Red Cross
workers. The GSL offers the now-familiar explanation that
the investigation is stalled because the culprits have
vanished into the Vanni. The GSL denies any knowledge of the
killing of three teens in Jaffna on August 29, 2006, claiming
it was not reported to the Jaffna Police. The GSL admits
that there were four reported killings in Jaffna on that
date, but reports no progress on any of the cases. The
report provided no new information on the September 2006
murder of Muslim construction workers in Pottuvil. In the
case of two brothers who were killed in the custody of
Ambalangoda Police, the GSL says the Attorney General (AG) is
still weighing whether the police were acting in self-defense
or in an unlawful manner. It is unclear how long the case
will remain with the AG.

Disappearances
--------------


6. (C) The GSL reports that ICRC figures on disappearances
show a decline in cases from the first to the second quarter
of 2007. (Note: The first quarter of 2007 showed a sharp
spike, making it probably the worst quarter for abductions
since Sri Lanka's independence in 1948.) However, ICRC's July
and August numbers, as well as reports from our contacts in
Jaffna, reveal disappearances are once again increasing. We
dispute the GSL's argument that it has little ability to
prevent disappearances in places like Jaffna which are only
under "nominal Government control." Jaffna town is under a
nightly curfew and the GSL has approximately 150,000 security
forces personnel there to control an area with a population
of 475,000. The report provides no new information on the
status of 567 cases being looked into by the Mahanama
Tilakaratne Commission or the cases listed in Ambassador's
list presented to President Rajapaksa in March. The GSL
notes that in 42 of the 355 of the cases on the Ambassador's
list, no complaints were made to the police. However, our
contacts tell us that many cases are not reported to the
police out of fear of retribution. The GSL offered no
explanation of the disappearance of a well-known university
vice-chancellor from a Colombo conference hall in a high
security zone.

Indictments and Arrests
--------------


7. (C) The GSL's update on indictments and arrests of
security officials reveals that most disciplinary measures
have been directed at the police rather than the military.
There are few actual convictions--only three out of over 100
indictments mentioned in the document, and those for crimes
committed prior to 2004. Only three indictments were of
members of the military.

Child Soldiers
--------------


8. (C) The GSL argues that the emphasis on the Karuna
faction's recruitment of child soldiers is misplaced since
the LTTE has recruited over 5,700 children and Karuna has
only recruited 232. Our paper to the GSL emphasized the
Karuna faction's recruitment because the organization is
allowed by the government to operate freely. The GSL
statement that the Government will not allow anyone other
than the armed forces to carry weapons is simply untrue. The
GSL maintains a policy of allowing two paramilitary groups,
the Karuna faction in the East and the Eelam People's
Democratic Party in the North, to remain armed.

IDPs and Access to Basic Needs

COLOMBO 00001459 003 OF 003


--------------


9. (C) The total number of IDPs given by the GSL, 190,669,
represents only those IDPs displaced since April 2006. While
the government deserves some credit for its resettlement
efforts, we dispute the GSL statement that resettlement of
IDPs has been voluntary and undertaken according to
international standards. OFDA reports that in July and
August 2007 IDPs in Trincomalee District were pressured to
return home when the GSL threatened to stop supplying food to
their camps. In September, an OFDA team observed IDPs being
directed by armed soldiers to board buses that would take
them home.


10. (C) COMMENT: It is our assessment that while the GSL
is to be commended for some initiatives noted in their
report, such as establishing the National Police Commission's
Public Complaints and Investigations Division and appointing
a Commissioner General of Essential Services to coordinate
the provision of supplies to Jaffna, the Aide Memoire
confirms what post has been reporting over the past year. We
maintain our view that progress on bringing human rights
abusers to justice continues to be too slow. A tremendous
amount remains to be done on prosecuting the existing cases
and on increasing transparency and accountability within the
security forces, including raising the number of actual
convictions. We acknowledge that the lack of convictions in
human rights cases reflects the larger problem of the overall
ineffectiveness of Sri Lanka's criminal justice system.
However, it is that very ineffectiveness which contributes to
the country's culture of impunity in which human rights
abuses occur and are tolerated.
MOORE