Identifier
Created
Classification
Origin
10COLOMBO109
2010-02-11 09:52:00
CONFIDENTIAL
Embassy Colombo
Cable title:  

SRI LANKA: UPDATE ON CHILD SOLDIERS

Tags:  PGOV PREL PREF PHUM PTER EAID MOPS CE 
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FM AMEMBASSY COLOMBO
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C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000109 

SIPDIS

DEPARTMENT FOR SCA/INSB

E.O. 12958: DECL: 02/11/2019
TAGS: PGOV PREL PREF PHUM PTER EAID MOPS CE
SUBJECT: SRI LANKA: UPDATE ON CHILD SOLDIERS

COLOMBO 00000109 001.2 OF 002


Classified By: CHARGE D'AFFAIRES VALERIE C. FOWLER. REASONS: 1.4 (B, D
)

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000109

SIPDIS

DEPARTMENT FOR SCA/INSB

E.O. 12958: DECL: 02/11/2019
TAGS: PGOV PREL PREF PHUM PTER EAID MOPS CE
SUBJECT: SRI LANKA: UPDATE ON CHILD SOLDIERS

COLOMBO 00000109 001.2 OF 002


Classified By: CHARGE D'AFFAIRES VALERIE C. FOWLER. REASONS: 1.4 (B, D
)


1. (C) SUMMARY: According to UNICEF, new cases of child
recruitment in 2009 numbered 17 by the TMVP and 402 by the
LTTE. All of these children were released. There were now
five outstanding cases of TMVP children recruited before 2009
who were under 18, and 54 outstanding cases who had turned 18
since being recruited. There were 33 outstanding cases of
LTTE child recruits under 18, and 1347 outstanding cases who
had turned 18. Because UNICEF's mandate covered only those
under 18, there was no authority to continue investigations
of children once they turn 18. The systematic dropping of
investigations of children when they turn 18 leaves families
and children without recourse, and gives perpetrators a free
pass. The GSL had demonstrated a commitment to stopping
recruitment and rehabilitating children involved in conflict
but had not taken any visible steps toward accountability.
One or two commanders were reportedly detained for child
recruitment but not prosecuted. END SUMMARY.

RECRUITMENT CONTINUED IN EARLY 2009
--------------


2. (C) There were 17 cases of new child recruitment by the
Tamil Makkal Viduthalai Pulikal (TMVP) reported to UNICEF in

2009. All of these children have now been released and their
TMVP involvement confirmed. (NOTE: The TMVP began when
Vinayagamoorthy Muralitharan ("Karuna") broke from the LTTE
in 2004 to create a pro-government paramilitary group. The
group has since evolved into a legally registered political
party, but it maintains an armed wing. END NOTE). Most of
the children were recruited for military use in January and
February of 2009 when the war was ongoing. The children
underwent military training and presumably were involved in
military operations. The last known new recruitment case was
in June. Embassy contacts indicated that the Karuna faction

of the TMVP was responsible for recruitment, mostly under the
direction of Commander Iniya Barrathi. (NOTE: Karuna left
the TMVP for the ruling Sri Lanka Freedom Party (SLFP) in
February 2009 and became Minister of National Integration but
he still exerts influence on a considerable component of the
TMVP. END NOTE.). Sivanesathurai Chandrakanthan
("Pillayan"),Chief Minister of the Eastern Province and head
of the TMVP political party, was regarded as genuinely
concerned about cleaning up his image and stopping all
underage recruitment.


3. (SBU) According to UNICEF, there were 402 confirmed cases
of LTTE child recruitment between January and the war's end
in May 2009. The child recruits were identified during the
post-war process of separating children from adult detainees,
verified by UNICEF, and sent for rehabilitation by court
order. Post contacts suggest that the actual number of
children recruited by the LTTE in 2009 was likely much higher
as many children remained missing.


4. (SBU) There were anecdotal reports of two to three cases
of recruitment by the pro-government People's Liberation of
Tamil Eelam (PLOTE). The families were reportedly too
intimidated to file official complaints so no formal
investigations were made. There was one anecdotal case of
recruitment by the pro-government Eelam People's Democratic
Party (EPDP).

REPORTS, INVESTIGATIONS, AND PRESSURE BRING RELEASES
-------------- --------------


5. (SBU) The most recent UNICEF statistics indicated five
outstanding TVMP cases and 33 outstanding LTTE cases of
children who were reported recruited before 2009, were still

COLOMBO 00000109 002.2 OF 002


under age 18 and remained unaccounted for. The TMVP cases
were reportedly recruited in 2008.


6. (C) According to Embassy contacts, when a family believed
a child had been recruited, it could file a report with
UNICEF and the GSL Child Welfare Unit. A Task Force made up
of UNICEF, TMVP, and GSL representatives (including the
police and Government Agent) would be responsible for the
case under a tripartite Action Plan signed on December 4,

2008. Task Force representatives would visit the family for
additional information and verification. The police were
responsible for making full investigation to locate a
suspected child soldier, and pressure on the TMVP had secured
releases. While Task Force TMVP representatives were
affiliated with Pillayan, the Task Force was credited with
successfully pushing for the release of recent Karuna TMVP
recruits. A strong stance against child recruitment by
Secretary of Justice J. K. Gamlath and Mahinda Samarasinghe,
Minister of Disaster Management and Human Rights, was also
credited with contributing to releases. Children were
generally released informally. The children would reappear,
and the TMVP would refer to them as "runaways" from the TMVP.

GAP IN SYSTEM LEAVES OLDER RECRUITS IN LIMBO
--------------


7. (C) UNICEF's mandate extends only to children under age

18. Therefore, once a recruited child turned 18, UNICEF did
not have the authority to push for an investigation. In
other contexts, responsibility for these cases could shift to
ICRC, but ICRC's limited operations in Sri Lanka at this time
do not allow for this. Therefore, people who were recruited
as children and who remained missing once they turned 18 had
no one designated as responsible or empowered to find them.
As one contact noted, in the United States we do not give up
on children who were kidnapped just because they turn 18.
The most recent UNICEF statistics showed 54 unresolved cases
of children recruited by the TMVP who had turned 18, and 1347
cases of children recruited by the LTTE who had turned 18.

ZERO TOLERANCE BUT ZERO ACCOUNTABILITY
--------------


8. (C) While trusted sources in the UN and NGO communities
generally commended the GSL for adopting a "zero tolerance"
policy on child recruitment, accountability of those who
engaged in the practice was a glaring gap in GSL commitment.
Interlocutors did not know of a single case of prosecution of
anyone who recruited children. One or two commanders were
reportedly detained for child recruitment but not prosecuted.
Accountability was seen as an important component of
achieving justice for child victims, as well as deterring
future recruitment.

COMMENT
--------------


9. (C) While the GSL appears committed to stopping new
recruitment of children and supporting their rehabilitation,
this does not absolve the government of its responsibility to
provide them accountability. Additionally, the systematic
dropping of investigations of children when they turn 18
leaves families and children without recourse and
perpetrators with a free pass. Outstanding cases of those
over 18 far exceed those under 18 (53 TMVP recruits over 18,
5 under 18; 1347 LTTE recruits over 18, 33 under 18). As
time passes, more children will turn 18 and move beyond
UNICEF's reach and the Task Force's influence. This group
should not be forgotten in moves to resolve child recruitment
issues in Sri Lanka.
FOWLER