SRI LANKA: ICRC?S FUTURE UNCERTAIN

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000729

SIPDIS

DEPARTMENT FOR SCA/INSB
USAID/DCHA

E.O. 12958: DECL: 06/25/2019
TAGS: PGOV PREL PREF PHUM PTER EAID MOPS CE
SUBJECT: SRI LANKA: ICRC?S FUTURE UNCERTAIN

Classified By: A/DCM REBECCA W. COHN. REASONS: 1.4 (B, D)


1. (C) Summary. A/DCM and Poloff met with ICRC Acting
Head of Delegation Anthony Dalziel on July 21 to discuss
ICRC?s current and future status in Sri Lanka. On July 1,
ICRC received a letter from Defense Secretary Gothabaya
Rajapaksa requesting ICRC to terminate its operations in
the East. According to an ICRC press release, their four
offices in the East were closed July 17. At the same time,
Dalziel said ICRC is currently in negotiations with the GSL
regarding whether or not ICRC will retain its diplomatic
status and to reach agreement on which of their current
mandates they will be able to carry out. If negotiations
with the GSL are not successful, ICRC may withdraw its
presence as they did in Myanmar and Eritrea. According to
the GSL, ICRC?s presence and foreign travel advisories are
not contributing to a sense of normalcy in the East. With
this as a pretense, the GSL?s actions may risk losing a
valuable partner in the resettlement and rehabilitation
process. End Summary.

ICRC Asked to Quit East, Renegotiate
Diplomatic Status and Programs


2. (C) A/DCM and Poloff met with ICRC Acting Head of
Delegation Anthony Dalziel on July 21 to discuss ICRC?s
status in Sri Lanka following the directive from the GSL to
pull out of the East. Dalziel told Emboffs that on July 1
ICRC received a letter from Defense Secretary Gothabaya
Rajapaksa that thanked ICRC for its help during the war and
noted that ICRC now has ?much less to do? in Sri Lanka.
The letter requested that ICRC terminate its operations in
the East. ICRC Head of Mission Paul Castella met with
Gothabaya on July 2 and was told that the GSL wants the
outside world to view Sri Lanka as a place that does not
have serious problems. Gothabaya said ICRC?s current
presence impedes that image, and he asked that ICRC
recognize the end of the conflict and close operations in
the East. Castella also met with Minister for Disaster
Management and Human Rights Mahinda Samarasinghe, Foreign
Minister Rohitha Bogollagama and Foreign Secretary Palitha
Kohona, who echoed this message. Dalziel said ICRC has
been told it must reaffirm its activities and status in
Memoranda of Understanding (MOU) with each of the relevant
line ministries, via the MFA. Dalziel noted that ICRC was
willing to sign MOUs but being allowed to retain their
current modalities of operation would be of critical
importance to ICRC.


3. (C) Currently, ICRC has diplomatic status in Sri Lanka
per a Headquarters Status Agreement signed in 1996.
According to Dalziel, this provides diplomatic immunities
and a diplomatic pouch as well as prevents search and
seizures on their premises. Dalziel noted that the Foreign
Ministry is not ?keen on ICRC,? but that discussions are
still ongoing.


4. (C) Dalziel commented that the GSL is clearly trying
to control independent humanitarian action in Sri Lanka.
He observed that the GSL?s recent actions are similar to
what countries like Burma and Eritrea have done in the
past, leading ICRC to pull out of those countries. He said
there is a very delicate balance for ICRC to walk in a
situation like this. Dalziel said Castella plans to
discuss the issue further with A/S Shwartz during his visit
and may request at some point for the US to advocate for
ICRC.


5. (C) Dalziel said he is unsure exactly why the GSL is
unhappy with the ICRC. He said ICRC has very good
relationships with the working-level people in the military

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and with the police. It is just at the pinnacle of
leadership that the problem lies, he said. He mentioned
that the Secretary of Defense sent a fax to its field
commanders stating that they need to request his permission
before security forces can interact with ICRC.

Starting to Scale Back


6. (C) Dalziel said ICRC recognizes it needs to scale down
its activities and staffing since they are no longer
managing or accompanying convoys, transferring bodies, or
manning Omanthai checkpoint. He noted their work in a
number of areas but especially work on behalf of the IDPs
in the closed camps and on IDP returns. ICRC has a
specific agreement with the GSL regarding their work with
those detained under the emergency regulations. The
international staff is being downsized for a number of
reasons, he said, including the closure of the East and
usual rotations. A couple of weeks ago they had about 76
delegates and now they are down to 59. He said they have 6
positions currently open, and by August they will have 20.
They anticipate difficulty getting visas to fill these positions.

No Presence in the East


7. (C) With its offices in the East now closed, ICRC is
concerned about ongoing livelihood projects and how they
can be completed. Dalziel said ICRC will not be able to
track disappearances without a presence in the East; it
would have to be done by the police or Human Rights
Commission offices.

Status for Operating in the North in Flux


8. (C) Dalziel said ICRC?s ability to operate in the
North is uncertain because of the recent changes in
military leadership. Former Competent Authority and
Northern Governor Chandrasiri disliked ICRC and restricted
its activities, and now it is unclear who will be making
decisions as a new Competent Authority has not been named.
ICRC has had very few problems in Jaffna recently, he said,
but a new commander is arriving there next week and things
may change. He said the biggest issue for humanitarian
operations in the North is the lack of a clear plan for
resettlement.


9. (C) COMMENT: While the ICRC recognizes that the scale
and nature of their operations needs to shift emphasis with
the end of the conflict, they also have their bottom
lines. On the pretext of a return to normalcy, the GSL is
placing limits on the independence and scope of ICRC
operations. Depending on how the negotiations proceed with
the GSL regarding its diplomatic status and ability to
fulfill its mandates, these could be dealbreakers for ICRC
to continue operating in Sri Lanka. Post will continue to
follow developments on this issue and seek ways to
encourage the GSL to allow ICRC to continue its important
work.

MOORE