SRI LANKA: REPORT TO CONGRESS ON RECENT CONFLICT

C O N F I D E N T I A L STATE 109500 SIPDIS E.O. 12958: DECL: 10/22/2019 TAGS: PREL PGOV PTER KAWC PHUM CE SUBJECT: SRI LANKA: REPORT TO CONGRESS ON RECENT CONFLICT HANDED TO SRI LANKAN AMBASSADOR REF: STATE 109032 Classified By: SCA A/S Robert O. Blake, Jr., reasons 1.4 (b) and (d) ¶1. (SBU) Assistant Secretary for South and Central Asian Affairs Blake and Ambassador at Large for War Crimes Investigations Rapp met with Sri Lankan Ambassador Jaliya Wickramasuriya and DCM Tissa Wijeratne October 21 at the State Department to provide them a copy of the Department of State "Report to Congress on Incidents during the Recent Conflict in Sri Lanka." The report was posted on the Department (S/WCI) website on October 22. ¶2. (C) Rapp first asserted Sri Lanka's right to self defense against a terrorist group. He also stated at the outset that both sides to the conflict are required to respect international humanitarian law. He went on to outline the report, noting that it included reports of the use of human shields and child soldiers by the LTTE, and reports of unlawful attacks on civilians and civilian objects such a hospitals. Rapp next identified specific limitations, such as lack of access to the conflict zone and the inability to corroborate many incidents, which explained why the State Department was not in a position to draw factual or legal conclusions. Rather, the report should be seen as a compilation of credible incidents worthy of investigation by the GSL. He expressed great respect for and confidence in Sri Lanka's legal institutions and traditions. He said the United States is not calling for international investigations, but is looking to the GSL to identify and implement a credible accountability process. Blake emphasized the importance of the Sri Lankan government engaging Tamil leaders in Sri Lanka on what they would consider to be a credible accountability mechanism. ¶3. (C) Wickramasuriya had no immediate reaction to the report itself, but said the GSL believed that economic development and resettlement of internally displaced persons (IDPs) would foster reconciliation. As the oldest democracy in Asia, he said Sri Lanka has its own investigatory processes, including administrative sanction against police and soldiers who commit abuses, such as occurred in the 1980s. He said the Army was much more disciplined this time and showed restraint in this final offensive against the LTTE, losing a lot of soldiers as a result. ¶4. (C) Blake noted recent information the USG had received that the GSL was about to embark on an ambitious returns process over the next few weeks. Wickramasuriya said there would be 50,000 releases by the end of the month. The government had agreed to allow IDPs who cannot return to their villages -- due to mines or lack of infrastructure -- to join friends, in addition to joining family members (which had not led to many releases). Some of these releases would be to Colombo. He said 50,000 per month would be the target, emphasizing that with the ten new excavators the GSL has acquired, demining is moving very quickly -- he witnessed it himself during his recent visit -- and the GSL expects to have the majority of inhabited areas demined within six months. Resettlements would begin within two months to newly demined areas. Wickramasuriya also said that all IDPs now have ID cards, and all have been registered, though a separate screening process continues for "strong LTTE cadres." Blake and Rapp emphasized the importance of the GSL communicating the positive steps it is taking. (COMMENT: We will need to verify these measures and monitor these releases closely to ensure they are genuine. END COMMENT.) CLINTON