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