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23-08-2006
University
Teachers for Human Rights (Jaffna)
Sri Lanka - UTHR(J)
Special Report
No. 22
Date of Release: 23rd August 2006
Hubris and Humanitarian Catastrophe
CONTENTS
1. The Humanitarian Fiasco
2. Mutur
3. Closure of the Mavil Aru Anicut?
4. Mutur Falls to the LTTE and the Government’s Response
5. The Flight of Mutur Civilians and a Dramatic Turn
6. Civilian Casualties and Muslim Grievances
7. The Killing of Aid Workers
8. Something Very Nasty in the Air
9. A Question of Fundamentals
10. Refugees and Issues
11. Conclusion
12. Appendix I
13. Appendix II
1. The Humanitarian Fiasco
From early August
we have witnessed three sets of humanitarian catastrophes taking shape
in Sri Lanka. One is the displacement of more than 50,000 Muslims
and Tamils from Mutur, leaving behind scores of dead. Second, is the
death and displacement inflicted for the second or third time in four
months on about 20,000 Tamil refugees in the Eechilampattai sector
south of Mutur. Third, is the the displacement of a large number of
civilians in the southern sector of Jaffna consequent to the LTTE’s
attack on government lines (perhaps to relieve pressure on the LTTE’s
forces near Trincomalee) and government shelling in response.
This, like most
manmade humanitarian catastrophes, does not occur in a vacuum. The
massive human suffering now manifest in Sri Lanka’s north and east
was preceded by a deeply flawed cease-fire agreement that tolerated
human rights violations, and decades of impunity. Communities of the
North and East have been devastated by conflict, militarisation and
communalised politics. On the LTTE’s part the destruction of Tamil
civil society has been intentional and profound; its systematic elimination
of all leaders and potential leaders has left the people unable to
cope with humanitarian crises, natural or manmade. They appeared to
try the same thing with Muslim community by targeting its young and
enthusiastic leaders, although the community has proved resilient.
Still, the destructive force of displacement on the people of the
North and East, especially when combined with grave human rights violations
cannot be overemphasised.
The crisis has
highlighted a number of areas where better coordination and support
for local communities is needed to fill the sizeable gaps created
by these assaults:
• There is an
urgent need for mechanisms to communicate local community leaders’
concerns to the security forces to prevent both human rights and humanitarian
crises.
• There is a
continued need for an international presence in conflict areas and
among displaced communities. The withdrawal of INGOs, often the only
external witnesses in conflict areas, has increased people’s fear
of the security forces’ violence.
• The climate
of fear and impunity must be addressed by a UN human rights monitoring
mechanism that can push for the prosecutions of perpetrators through
support for investigations and adequate witness protection.
The immediate
background to the present catastrophe was a ceasefire that largely
ignored the LTTE’s repression of communities, its killing of political
opponents and child conscription and which downplayed its efforts
to provoke the armed forces. Sinhalese fears, and the LTTE’s tactical
calculations, aided the election of a government with extremist backing.
Once the Defence Ministry was taken over by Sinhalese extremists;
overt and violent communalism among the security forces that had been
suppressed for the past10 years appeared to receive new licence. The
collusion among different arms of the security forces in the killing
of 5 students in Trincomalee on 2nd January was a chilling precedent
that was not taken seriously enough. The killings by state killer
groups of families along with children in Allaipiddy and Vankalai
in May/June were utterly repugnant manifestations of the State’s renewed
brutality.
While the State’s
actions are governed by transient factors and could swing between
extremes of war and appeasement, the LTTE has been unswerving in its
determination to eliminate political opponents, maximise its military
clout regardless of the human cost and extend its grip on individuals
and communities. The LTTE was never deterred by considerations such
as its solemn ceasefire undertakings. It succeeded in atomising the
Tamil community and destroying it politically and socially by eliminating
thousands of dissidents, often secretively. The resistance of the
Muslims had made it nervous, driving it calculatedly into overt massacres
in the early 1990s. Its attempts to control Mutur Muslims through
violence and deprivation had failed.
The fuse was
lit on an explosive mixture of institutional brutality, destructive
communal machinations and hidden agendas .. The turn of events in
Mavil Aru allowed the LTTE to invoke time-tested strategies to control
the Mutur Muslims, aided immensely by the Government’s callous shelling
of an area that was home to minorities. The LTTE contriving to place
civilians at risk was also a means of scoring political points and
securing international sympathy. The Sinhalese extremist forces behind
the Government, whose visible symbols are the JHU and JVP, had been
waiting for an opportunity to push it into military adventurism. Their
aim was the Sinhalisation of the East and particularly Trincomalee.
There was therefore a method in all this madness.
2. Mutur
Ironically all
this began as a humanitarian issue when the LTTE shut the Mavil Aru
anicut depriving water to the remaining farmers who had been able
to tend their crops in that troubled region, where many had abandoned
cultivation or fled. But three days after the Government launched
its 31st July “humanitarian” offensive to reopen the water supply,
people were being killed on the streets, in alleys and in homes in
Mutur, a densely populated town inhabited by both Muslims and Tamils;
even schools that were traditional places of refuge were shelled despite
the authorities being told of the large numbers seeking shelter there.
Because as it turned out, about two dozen Tigers were moving about
Mutur firing rockets.
On 4th August
the Tigers had pulled out of Mutur, and partly because of international
pressure exerted through the SLMM no doubt, the sluice gates were
opened on 7th August. The original humanitarian issue was resolved.
But for reasons that had little to do with the people living there,
the Government began merciless bombing and shelling of the coastal
areas east of Mutur, south into Batticaloa District as far as Vaharai.
This area had displaced Tamil populations from the Allai Scheme and
from the coast east of Mutur fleeing violence inflicted by government
forces.
About 1,500 displaced
families were at Muhattuvaram on the east coast. The area was shelled
from land and bombed from the air. The people fled and many families
a week later were without news of their relatives. One woman who came
out said, “We ran hardly daring to look behind, dead bodies were strewn
like dead fish on a dry tank bed.” Others living on the outer periphery
of Mutur were caught in an exchange of shell fire between government
forces and the Tigers. One said, “We were running into the LTTE controlled
area where we felt safer. Government soldiers told us not to go because
they would shell the area. No sooner shells started falling. Many
were killed.”
The Key Issue
of Military Strategy and Civilian Safety: Any military confrontation
and a humanitarian provocation leading to a military confrontation,
will inevitably change the dynamic on the ground. Even if one were
to justify the movement of ground troops as a consequence of the undeclared
war, one cannot justify the indiscriminate use of fire power. The
key issue here is the narrowness of the Government’s strategies and
imagination, which pushed it dominantly into a reliance on Multi-Barrel
Rocket Launchers (MBRLs), indiscriminate shelling and air power with
absolutely no concern for civilians who also came from minority groups.
What we have witnessed is a pointer to what is to come in future rounds
of warfare.
Sri Lanka is again in a nearly hopeless quagmire. For both political
extremes, permanent conflict serves their agendas. The Sinhalese polity
never got its act together to challenge the LTTE, but instead seems
determined to keep it in business. The extent of humanitarian damage
in the present round is clearly anathema to those who care about the
people of the North-East and the fate of the country as a whole. The
politics and attitudes towards minorities that laid the ground for
the vicious JVP insurgency in the late 1980s should never be forgotten.
Thus despite
the LTTE’s institutional incapacity to live with a political settlement,
this is the one real option open that must be pursued with vigour.
A real settlement would not be a “dowry” to the LTTE, as a leading
lawyer advising the Government put it, but would provide alternatives
to its reign of terror. This is the only course that would blunt the
LTTE’s appeal and the claims on which its politics is founded – one
being that the Sinhalese polity would never agree to a fair settlement.
The JHU and JVP have been busy proving the LTTE right, and their influence
on policy shows an amazing lack of vision on the part of the present
government.
Against this
background any action in Trincomalee was bound to have repercussions
far out of proportion to the immediate local issue. To be sure, the
LTTE’s closure of the anicut depriving people of an essential resource
was totally unjustified in humanitarian law. It sets an intolerable
precedent the civilized world must strongly condemn, whatever the
Government’s shortcomings in catering to the population it displaced
to the LTTE-controlled area. But once the Government resorted to military
adventurism, the enormous civilian suffering obscured the water issue.
The Government was thus pushed into a humanitarian war with Sinhalese
chauvinist overtones (JHU spokesmen hailed President Rajapakse as
a 21st Century Dutugemunu). Its one-track obsession with the Mavil
Aru issue, combined with its inattention to the accumulated grievances
of other communities over many years caused many to doubt its commitment
to fair play on the ethnic issue.
3. Closure of the Mavil Aru Anicut?
According to the Government’s Peace Secretariat,the LTTE’s closure
of the Mavil Aru sluice gate denied water to over 15,000 families
and 30,000 acres of paddy lands. The villages affected as a result
are Kallar, Dehiwattte, Thoppur, Seruvila, Serunuwara, Neelapola,
Dehiwaththa, Medagama, Sirimangalapura, Pallikudirippu, Kiliveddy,
Kanguveli, Maingama, Thanganagar and Bharathipuram. The Peace Secretariat’s
statement emphasised that the villages affected belonged to all ethnic
groups: Sinhalese, Muslims and Tamils. This was misleading. A hint
that there was something unusually wrong in the Allai Scheme appeared
in a statistic given in the Sunday Times (6th Aug.06). It quoted a
senior irrigation officer in Trincomalee saying that the anicut was
meant to irrigate 17,413 acres of paddy land, but ‘due to problems
in recent months’ only a little more than 8,000 acres was cultivated
– i.e. less than half the capacity.
The physical or human degradation of agricultural activities has throughout
history signalled crises in both state and society.. The ‘problems
in recent months’ referred to by the engineer are spelt out in Bulletin
No.40. Landmine attacks against the security forces by the LTTE and
reprisals by the Army and Sinhalese home guards forced a large number
of Tamils to leave their homes last April and then flee east to Eechilampattu
division in the LTTE controlled zone in May and June. Security fears
had also compelled many, including Muslims feeling threatened by the
LTTE, to scale down cultivation.
On 19th July, the day before the closure of the anicut, TamilNet reported
a meeting nearby in Shembaga School in Eechilampattu to discuss the
deteriorating welfare of IDPs (internally displaced persons), from
the villages east of Mutur affected by government shelling and bombing
and those who fled from the Allai Scheme. The meeting presided over
by Divisional Secretary V. Uma Maheswaran was attended by representatives
of INGOs, NGOs and LTTE local political leader Elilan. The conclusion
of the report was innocuous: “NGO workers were advised at the discussion
to provide health and sanitation facilities to these families.” We
need not read into this meeting any more than what appears at face
value.However what it does suggest is that there was simmering bitterness
among the displaced. Their lives, livelihood, their children’s education
were all disrupted. All the LTTE offered or forced on them for two
decades was arms and miserable death. Its only strength was the purely
negative one of being the only force around that could teach the Sinhalese
polity a lesson. Under these conditions the LTTE wanted to draw attention
to especially the Sinhalese who continued to cultivate while many
Tamils were displaced.
As long as the Tamils in Trincomalee have a sense of who they are
and what has become of them, their experience would constitute a living
history. This history may seem irrelevant in liberal seminar rooms.
But it is a powerful history, with enormous potential for good and
for terrible evil. That evil we have seen in the LTTE’s ability to
mobilise marginalised Tamils for massacres against Muslims and their
intolerance of Muslim youth who (like tens of thousands of their Tamil
compatriots after July 1983) felt with good reason that their community
too needed its own military defence. We give in Appendix II some flavour
of the Tamil and Muslim experience connected to the current situation
from a recent Virakesari feature article.
The right way to solve the problem of the Muslims and Tamils was to
insist on a political settlement. The Sinhalese in the area today
know no other home, and are often besides very poor. A political settlement
is anathema to the LTTE. Its way is to seek an incident that would
reinforce its image of heroism and invincibility, which inevitably
brings more destruction for the people and more hopelessness. Subsequent
events cannot sustain the contention that the LTTE’s move in shutting
the water was a grand plan to capture Mutur, to seek the mass eviction
of Sinhalese, or to capture Jaffna. It lacked the manpower for a sustained
conventional campaign to hold Mutur and made no attempt to do so.
Only about two dozen of its cadres actually entered Mutur town. The
JVP and JHU played right into the LTTE’s hands in precipitating military
action and gave it an undeserved political victory. The sequence of
events behind the outbreak of hostilities has been widely reported
and we give a summary in Appendix I.
4. Mutur Falls to the LTTE and the Government’s Response
What we wish to highlight here is the LTTE’s well-tested repressive
approach towards controlling a community, and the terror, deprivation
and contrived suffering it involves. Every episode has its peculiarities,
but in a larger sense the Mutur experience is not unique. The experience
of Muslims evicted from Jaffna and Mannar at the end of October 1990
was almost identical to that of Jaffna’s residents forced out by the
LTTE exactly 5 years later. The main difference is that the LTTE hoped
that those expelled from Jaffna were prospective cannon fodder, as
with the refugees living under its control today.
The sequence of events was not pre-planned. The severity of government
shelling came as a boon to the LTTE. Before it attacked Mutur, the
LTTE switched off the power supply to maximise uncertainty and confusion
among the civilians. It fired missiles from among them towards army
positions, knowing what the Army would do. The Army fired back to
hit LTTE cadres in town who were one or less to a thousand civilians.
The LTTE wanted to arrest persons who were politically opposed to
it. Hunting for them in alleys and houses would have needed weeks
or months. It found an easy way. When the civilians wanted to leave
because of the shelling, it promised them a clear passage. On the
way, they were diverted to a narrow path where a masked spy, who had
sold in the Mutur vegetable market, was at hand to pick out people
as they filed past.
In keeping with the simple assumption floated in the South that the
LTTE has been militarily weakened, and after initial forays failed,
the Army inducted several thousand troops and launched a concerted
assault on Mavil Aru on 31st July. They failed to take into account
how much the LTTE had been strengthened by the new government’s acceptance
of reprisals as legitimate policy, which drove thousands of Tamils
into the LTTE area.
1st August saw diversionary actions by the LTTE at sea and by the
shelling of the Trincomalee naval base from the Sampur area. The security
forces responded with shelling of the coastal area east of Mutur.
Heavy shelling by both sides was heard on the night of 1st August.
Some LTTE shells landed on the Trincomalee naval dockyard claiming
some casualties.
The mobilisation of a large number of troops for the Mavil Aru operation
had weakened the defences around Mutur. At 11.30 PM on 1st August,
the LTTE cut off the power supply to Mutur town. At 3.30 AM in the
morning (2nd August, Wednesday), the LTTE local political leader Elilan
telephoned Karim Moulavi, a community leader in Mutur, and informed
him that they were going to do battle for the control of the town.
Unable to inform the public by the mosque loudspeaker owing to the
cutting off of electricity, it became difficult to organise people
in the interests of their safety. Consequently, the LTTE shelled and
attacked several camps and overran Kattaiparichchan and some of the
surrounding camps, including the Mutur Jetty. The troops in Kattaiparichchan
and the Jetty withdrew with some losses to the Government Paddy Stores
camp. This GPS camp was besieged, but no serious attempt was made
to take it.
The Government could not afford to lose Mutur as that would have left
Trincomalee more vulnerable. Thus in what began as a humanitarian
operation at Mavil Aru, the Government shelled Mutur mercilessly.
Both Muslims and Tamils in Mutur identified the shells as coming from
Trincomalee, Monkey Bridge and Kallar security forces’ camps. Most
notable and scary were MBRLs fired from the Trincomalee naval dockyard.
As far as the people are aware, nearly all the casualties were from
government shelling.
At 4.30 AM on Wednesday, 2nd, morning, a Muslim woman resident in
Habib Nagar looked out and was surprised to see LTTE cadres in black
in numbers like grass (pullu, pullu mathiri) hopping forward in the
squatting position. They moved into the temporary tsunami shelters
in the area. A shell struck the maternity ward of Mutur hospital in
the morning injuring several people. A large number of the Muslims
left their homes and moved into the Arabic College, Al Hilal School
and Ashraff High School. There were about 4,500 people in the Arabic
College. By morning the visibility of the LTTE was very low.
The Tamils in general moved into the Methodist and Roman Catholic
Church camps on Church Road, while many others fled into the LTTE-controlled
area. These camps had each about 200 to 250 families. A senior Tamil
resident saw only about two dozen LTTE cadres. He said that these
were the same cadres that went to the Muslim quarter and roamed all
over Mutur.
On the behavior of LTTE cadres, both communities resented the LTTE
firing at the Army from civilian positions and inviting government
fire. The LTTE had shown considerable hostility towards Muslims in
recent years, which sometimes degenerated into outright violence (our
Special Rep. No.14, Bulletin 33), and last June there were also threats
from the LTTE asking Muslims to leave Mutur. In comparison with what
one may expect from this background, the LTTE was relatively restrained
towards the Muslims. If it wanted the Muslims to have a nasty time,
it made sure that the Government got most of the blame.
In what the LTTE told Muslim community leaders, there was hardly a
hint that the Muslims must leave or if they left, should not come
back. At the same time cadres speaking to ordinary Muslims would have
on many occasions displayed the hatreds the group’s propaganda put
into their tender minds, as testimonies indicate. Many Muslims complained
that the LTTE fired missiles from their midst provoking the Sri Lankan
forces to retaliate against Muslim civilians. One would judge that
is true going by the LTTE’s way of thinking and its attitude towards
civilians demonstrated countless times over 20 years. But going by
reports from Mutur, it was subtler. It was not so open as during the
Indian Army’s advance in Jaffna during 1987, where there were a number
of reports of the LTTE going to a Hindu temple where people had taken
refuge, fired mortar shells at the Indian Army and then ran away,
or during the provocation that triggered the Jaffna Hospital massacre.
Early on Thursday morning (3rd), the LTTE leader Shanthan who was
known in those parts was firing rockets and then came towards the
Arabic College with 7 others. Some Muslim men went up to them and
pleaded with them to be mindful of the 4,500 refugees who were there.
Shanthan let loose at them in unprintable abuse. They then stood there
close to the College doing nothing in particular. Air Force helicopters
were flying overhead, and these LTTE men in uniforms would have been
spotted in the light of dawn. Shortly afterwards a shell fired by
the government forces hit the Arabic College claiming 19 lives. A
second shell hit the College claiming 14 lives. A third hit a tree
near the College the following day, but did not result in deaths.
Al Hilal School and Ashraff High School were also hit by shells resulting
in casualties. On Friday 4th there was a lull later in the morning,
and some Muslim civilians approached an LTTE leader about removing
the injured. This time the response was polite and seemingly cooperative,
but there was a catch as would be seen below. As expected the security
forces made a thrust into Mutur on Friday from the Jetty, coming by
sea and from the west of the town. By early afternoon the few LTTE
cadres inside town pulled out. The LTTE had not dug in intending to
stay.
5. The Flight of Mutur Civilians and a Dramatic Turn
Having faced government shelling, where the Hospital too was hit,
and the uncertainties of the situation, the LTTE agreed to allow people
to leave on Friday morning. Above 30,000 civilians, both Tamils and
Muslims together, left Mutur on foot towards Killiveddy. They passed
the Army position at 64th Mile Post and passed alongside a hill before
another army camp about ¾ mile ahead. They were stopped by
the LTTE who told them that the road ahead was mined and directed
them along a detour through Kiranthmunai. On the main road they saw
two ambulances, one that had crashed on a pile of stones, and the
other was partially deflated. The understanding of the people was
that the LTTE had shot at the ambulances because they did not stop.
One ambulance had among its passengers the Tamil driver, his teacher
wife and a boy from Colombo. The latter two died. After the Army went
to the area, the wife’s body was sent to Kantalai, where it was buried.
The detour included walking along a narrow path at Kiranthimunai where
the 40,000 tired people in the afternoon, barely able to manage their
children, were held up in a bottleneck. The LTTE had the men lined
up, separated from the women, and made them walk past two masked men.
The people felt very angry. A Roman Catholic nun went up to the LTTE
and asked why they were being held up. The LTTE replied that they
wanted to screen the people and pick out supporters of the Karuna
Group and the Jihad. The line moved slowly and as a masked man nodded
his head, the victim was taken out, trussed up and pushed onto the
ground. Eyewitnesses place the number, nearly all of them Muslims,
at 32 or higher.
One incident triggered off a dramatic turn in the fate of the fugitives.
One Muslim woman who was pregnant began having delivery pains. Upon
being told about this, a Muslim religious leader, who had been talking
to the LTTE for years to try to keep matters calm, asked the LTTE
leader Kunchan to let her go ahead. Kunchan was one of the leaders
of the Mutur operation. Kunchan agreed to let the woman go, but began
abusing the religious leader. The religious leader kept calm, but
one of his disciples, who was deeply offended, sprang at the LTTE
leader with his fists. An LTTE boy who stood nearby shot the disciple
who fell down dead. The report of the gun alerted the Army at the
two camps on the main road and changed the situation.
Soon shells were falling in the area. One struck the checkpoint killing
about 7 Muslim men and some members of the LTTE. According to some
who were there, they saw Kunchan fall dead. A masked man picking out
suspects, as they filed past, was also felled by a shell blast. His
mask had come off, and those present recognised him as a Tamil who
sold vegetables in the Mutur market. One witness described the shells
as coming from an MBRL. He saw trees being felled like dominoes. Immediately
the LTTE boys ran in one direction and the civilians in another. A
witness described the LTTE there as chinna podiyangal (small boys).
In the panic, the women being separated from the men and families
divided, all ran as best they could to escape the shells. One mother
was reunited with her three-year-old daughter whom she later found
in another camp in Kantalai. She later wondered, “I don’t know what
kind of panic led me to run leaving behind my child?” Some who ran
did so with the nagging fear that their child, whom they could not
find at that instant, was among those killed by MBRL fire.
Looking back, some felt that the MBRL fire was a blessing in disguise,
as several of the people may have refused to leave without those trussed
up by the LTTE. Some reports said that LTTE cadres were nasty to those
who pleaded on behalf of those detained. This situation may have resulted
in a confrontation with many more losses. One witness who knew 5 of
those picked up by masked men and trussed up said that they did not
belong to the categories sought by the LTTE. Two were university students.
They were all just well-built. Up to now what happened to those who
were left trussed up has not been established. Were they killed by
MBRL fire? Did the LTTE come back and execute the survivors? Or are
some of them prisoners?
Some Muslim relief workers went to the area a few days later with
the ICRC. They only found three decomposed bodies, one of a child,
one of an elderly man, and one of a woman. As in all such situations,
people hope that their loved one, who vanished without a trace, is
alive. Perhaps he escaped and is in hiding and would appear one day.
This one incident at Kiranthimunai was the only one that the Government
was probing for propaganda value, while angrily denouncing charges
by the SLMC leader Rauf Hakkim that Muslim civilians deaths were caused
largely by government shelling. A Defence Ministry web site claimed,
“Tigers blocked [Muslims fleeing Mutur] at Pachchanoor area and killed
over hundred including women, youth and children during night on Friday
(04) at Pachchanoor said many civilians who had eye witnessed this
incident.”
The evacuees walked to Killiveddy. From there they telephoned friends
and relatives in Kantalai and elsewhere to send vehicles to pick them
up. When the vehicles came Sinhalese thugs backed by the Army demanded
the vehicles supposedly to move Sinhalese in need of transport. Earlier
the Muslims had planned to take some vehicles, go back to Kiranthimunai
and look for those trussed up and left behind. The vehicles removed
from them were brought back very late and they could just make it
to Kantalai. Many of the Tamils stayed the night in Killiveddy, walked
to Serunuwara the next morning, Saturday 5th, and took line buses
to Kantalai and Trincomalee.
6. Civilian Casualties and Muslim Grievances
Government-fired missiles caused the bulk of the deaths among civilians,
both Muslim and Tamil. In Mutur town itself the death toll, probably
in the region of a hundred, has not been accounted. It is a town where
the dwellings were crowded. Apart from the 50 or so who died when
shells hit refugee camps, many were killed in their homes, the streets
and in the byways. According to established practice, people are advised
to shelter in schools and places of worship. Responsible sources told
us that the Military had been informed that there were refugees in
the three Muslim schools, but they shelled these with absolutely no
concern for the people.
How many Muslims the LTTE arrested or killed, we will not know for
some time. This is the kind of thing the LTTE does very secretively.
In the present international climate, the LTTE would try to expose
the Government rather than draw attention to its nature by open massacres.
The LTTE detained more than three thousand Tamils in the North in
the early 1990s, two thirds of whom it killed. The middle class and
international NGOs to this day are skeptical. We do not know if the
LTTE made any arrests while they were in Mutur. Muslim sources said
that they carried a list with the names of about 40 people whom they
described as persons who ‘stood up for the community’. A list prepared
by a local group gives the names of 21 Muslims from the Mutur area
killed by the LTTE in the four and a half years since the 2002 cease-fire.
In the same period a third of this number have been tortured and released.
In many ways the LTTE’s repressive dealings with the Muslims has strong
parallels to the manner in which the Sinhalese polity deals with the
minorities.
Muslim resentment is frequently to do with the LTTE’s search for monopoly
control over land, fisheries and forestry resources. The use of terror
to drive Muslims out of exposed villages has meant, according to local
sources, the Muslims losing about a third of their 30 square miles
of residential land. When for example a farmer on night watch is killed,
or kidnapped and beaten, and the LTTE merely issues a denial, the
entire village is terrorised to desist from farming.
An extraordinary incident during the Mutur saga, which received the
greatest publicity because of its implications for relief work and
relief personnel, was the execution style killing of 17 workers of
the well-known French humanitarian organisation Action Against Hunger
(Action Contre La Faim or ACF).
7. The Killing of Aid Workers
The ACF in Sri Lanka was involved in post tsunami relief projects
in sanitation, agriculture and housing. The tragedy involved a series
of things going wrong and one coming right could have saved those
lives. Not just one party, but several are wondering whether they
could have acted differently. Firstly, experienced INGOs such as Oxfam
that had been in Trincomalee for many years had pulled out earlier
in the year after assessing the situation to be unsafe. This was unfortunate
since in a deteriorating situation committed foreign witnesses are
all the more needed. The mounting xenophobia and chauvinism in the
administration and military, especially given the ideological agenda
surrounding Trincomalee, and the fact that the Tigers did not want
outsiders to see inside their own draconian regime, were making matters
increasingly difficult for foreigners.
On 1st August the Army had commenced a large military operation south
of Mutur the previous day and the ICRC was also pulling out of the
area. Why the ACF sent a group of local workers by vehicle from Trincomalee
without a French national accompanying them, suggests their ignorance
of the ground situation. Why the local workers agreed to go by themselves
despite advise to the contrary by the Non Violent Peace Force cannot
now be answered.
On 2nd August, Wednesday, the brother of one of the workers telephoned
an acquaintance in Colombo and told him that about 15 ACF workers
were trapped in Mutur, then under LTTE control, but that the Army
was moving in, and they were anxious about what the Army might do
to them. The acquaintance told the brother that he knew no one in
the Army and advised him to get the French nationals in the ACF’s
Orr’s Hill office to talk directly to the Military in Trincomalee
and also get the French Embassy to contact the Defence Ministry. This
acquaintance told a contact in the Peace Secretariat. The contact
while concerned about the matter weighed in his mind the wisdom of
passing a message down the line to the army in the field, which may
get miscarried and place the ACF workers in even greater danger.
Very independently the following day, Thursday, in Mutur itself, a
church official with the acting Divisional Secretary for Mutur, called
on the ACF workers and strongly advised them in the interest of their
safety to go to the Methodist or Roman Catholic churches where many
Tamil refugees were staying. The ACF workers said that their head
office had asked them to stay in the premises. The church official
and DS also went the following, Friday, morning and gave the ACF workers
the same advice. They likewise declined. The same morning, many of
the Tamil refugees in the churches walked to Killiveddy along with
the large number of Muslims.
During early afternoon the LTTE pulled out of the town area. At about
3.00 PM on Friday 4th August, after the LTTE had pulled out, a relative
spoke to M. Narmathan, one of the ACF workers. This relative, a Samurdhi
officer in Mutur, advised Narmathan to leave with another group of
people leaving Mutur on foot through Killiveddy. Narmathan declined,
telling him that their head office had asked them to remain in the
office for transport that would be sent the next day. About this time,
a Roman Catholic nun, who was also leaving Mutur, told another ACF
worker Kodeeswaran very strongly that he should either go with them
or stay with Father (the parish priest). The advice was declined for
the same reason. Muslims who remained and moved about on Saturday
after the Army had entered became aware that that the ACF workers
had been killed.
Peter Apps said in a Reuters report, “When Reuters and other media
visited Mutur with the military on Saturday as firing continued in
its suburbs, local commanders said they had reports the Tigers had
killed Muslim civilians. But asked about other civilian losses, they
did not mention the 15 dead aid staff, of whom 14 were Tamil and one
Muslim Hardline government allies from the majority Sinhalese community
have long accused aid agencies of favouring Tamils and aiding the
rebels. Angry mobs have attacked several aid agencies trying to move
into the conflict area over several days.”
In a report the following day, 8th August, Tuesday, Peter Apps quoted
a father: “We believe it was the army,” said 50-year-old Richard Arulrajah,
whose 24-year-old son was among those killed and whose body was found
in the ACF compound. “On Friday he phoned and said he would be back
by Saturday. After that, we heard the military personnel came and
shot them.”
On Monday 7th August, the bodies of the dead, two more bodies were
discovered making the number of the dead workers 17, were taken by
sea to Trincomalee and to the Hospital, which was under control of
the Navy. The reporters there were warned by a navy man not to take
photographs and those taking photographs would be shot. That was something
they had to take very seriously knowing the fate of the reporter S.S.
Rajan, the only reporter whose photographs of the 5 students killed
and the subsequent threatening behavior of masked service personnel
at the funeral received wide publicity. S.S. Rajan was shot dead on
24th January.
The post mortem examinations were done by Dr. D.L. Waidyaratne, JMO
Anuradhapura, as JMO Trincomalee was on leave. Waidyaratne was unable
to draw detailed conclusions about the manner in which the victims
were shot owing to constraints of time and equipment since the bodies
were decomposed and bloated. Under international pressure to hold
a transparent inquiry the Government agreed to invite forensic expertise
from Australia. This meant the bodies had to be exhumed. Once again
policemen called at the homes of some of the victims and rather unpleasantly
told them not to agree to the exhumation.
The remarkable aspect of this tragedy is that the families, middle
and lower middle class Tamil folk in Trincomalee, saw it taking shape
and agonised about it. But there was no structure they could approach,
whether local or international, with the ability and connections to
do something about it. Now that it has happened the Government is
going to pay a high price for it. It should have had the wisdom beforehand
to understand the consequences of overwhelming Trincomalee with Sinhalese,
largely military, administrators in the interests of an agenda and
making the system so alien to the majority Tamil speakers.
Among the 17 victims were four women hygiene instructors and a Muslim
Abdul Jaufer Latif (31) from Mutur itself. A woman victim Kavitha
(27) was killed along with her elderly father Ganesh (54), a driver
for ACF. There is also a tragic irony behind Yogarajah Kodeeswaran
(31), another of the victims. His youngest brother Hemachandran was
one among the five killed by masked security men on the Trincomalee
sea front on 2nd January. His father Yogarajah was nearby and heard
Hemachandran’s pleas. He had been forced to kneel down by navy men
at the sea front. Later he was beaten by masked men, either Navy or
STF, and made to lie flat on the ground. The victim families had been
receiving verbal and printed threats, “Me rata Sinhala rata (This
land belongs to the Sinhalese), Tigers…and those with Tamil fervour
will be evicted.”
8. Something Very Nasty in the Air
Starting from the killing of 5 students on 2nd January to the communal
violence on 12th April, there was something more sinister than what
the Tamils in Trincomalee had experienced in recent years. In April
2000 a grenade was thrown into a Tamil music festival, one of the
kind held after many years, in which several civilians were killed.
Not surprisingly the Police did not catch the culprits suspected to
be from the security forces. The difference this year is that there
are strong signs of all arms of the security forces lending complicity
to the attacks. The telephones of high security officials rang without
a response. With the commencement of the Mavil Aru operation, the
security of Trincomalee was handed over to the Navy. Even as the media
attention was focussed on the battles, a new round of killings of
individuals got under way.
Killings – Dirtier and Dirtier: It is long past the time when all
Tamils irrespective of differences should with one voice demand an
end to killings and that all the actors subject themselves to some
form of international accountability. The community is being destroyed.
The State loses nothing by Tamils killing Tamils and is active party
to the menace. What the LTTE began as its monopoly in 1986 has now
become an affair with several actors competing to ensure that the
Tamil society will have no prospect of any leadership left. Those
being targeted today are most often not leaders of any political party.
They were not in the forefront of challenging either the Government
or the LTTE. They were individuals like Ketheeswaran Loganathan who
wanted a political settlement that gave the Tamils a fair deal, or
Sivamaharajah, a social activist of high standing in Valikamam North.
The first was killed by the LTTE and the latter very likely by a state-backed
group. Where their commitment to the people was concerned, there was
no essential difference between the two.
Sivamaharajah was intent on living in Jaffna. Even a short while before
he died he told people that he did not want to pack up and go to Colombo
as others had done, as that would entail losing touch with the people.
He became a public figure by his able chairmanship of the Tellipalai
Multipurpose Cooperative Society, which made it a beacon of service.
Once the LTTE took control of Jaffna, it would not allow people of
public fame and leadership potential to live unless they came under
its umbrella.
Thus Sivamaharajah, a Federal Party supporter who would have been
uncomfortable with the LTTE, became an MP under the LTTE set up TNA
in 2001. When parliamentary elections were called again in 2004, Sivamaharajah
had fallen out of favour and did not become an MP, since the LTTE’s
rigging machinery that decided the MPs did not work for him. Thereafter
he was largely sidelined and at 68, he was living near Thurkkai Amman
Temple and working among refugees. A shot was heard near the room
where he slept on the night of 20th August and his body was discovered
the following morning.
Sivamaharajah’s case parallels the LTTE’s killing of Michael Jesudasan
of Navanthurai, also 68 years, and a father of 10 children, on 29th
May. The previous month, LTTE gunmen called at his house, thrust a
pistol barrel into his mouth and ordered him to leave Jaffna. Jesudasan
too because of his social involvement became a municipal councillor
on an EPDP ticket. At the time he was killed, he was working with
refugees from Allaipiddy. Two days earlier (27th May) state-backed
killers killed Mathar Sellathurai (75) a social activist and local
councillor belonging to the TNA from Atchuveli. Selvar Yogan (60),
an EPDP local council member was shot dead by the LTTE on 20th July.
A car bomb attempt on elderly former EPDP MP Sankarapillai Sivathasan
on 8th August in Colombo resulted in Sivathasan being injured and
a 3-year-old girl on the road and a security man being killed.
Another notable parallel was the LTTE’s killing of Sebastian Iruthayarajan
(46) of the PLOTE. Originally from Uruthirapuram, Iruthayarajan lived
in Martyn Rd., Jaffna, was a member of the Jaffna Municipal Council
and the leading candidate on the PLOTE list for Municipal elections.
He worked and helped people beyond party considerations and was widely
respected in Jaffna. He had no enemies. He also knew Bishop Savundaranayagam
well and worked closely with the Church. Because of his wife’s illness,
he took most of the burden of looking after their 4 children. The
LTTE shot him dead on the road on 12th July, after he had bought food
and was taking it to his children in school.
Killings over which the LTTE enjoyed a monopoly, became tit for tat
killings from January this year and now they lack any meaning, often
targeting persons who have ceased to have political involvement and
were trying to make ends meet for their families, or had a blood relationship
to someone associated with a party. One was the killing of Sornam’s
brother in Trincomalee (see below). On 15th August, Jaffna University
medical student Sivasankar was shot dead along with Theepan, a student
at the Technical College, by state-backed killers. In Theepan’s case,
those who knew him said that he had no real involvement with the LTTE.
Currently, most killings in Jaffna are done by state-backed groups,
doing what had been the LTTE’s sole privilege earlier.
In the army-controlled area of Batticaloa District, killings are taking
place at the rate of about 2 or 3 a day according to local sources,
nearly all by the Army and the Karuna Group. They have absolutely
no meaning.
The sense of frustration the people feel could be seen in Jaffna’s
Acting Magistrate Srinithy Nandasekaran’s response to a call by a
pro-LTTE front. The front calling itself the Educational Society urged
the people to demonstrate against current regulations and restrictions
by the Government. The Acting Magistrate pointed out in a statement
under her office that gathering a crowd for such a purpose is a breach
of emergency regulations in force and added: “We cannot stand idly
by and watch the people being made sacrificial lambs by an anonymous
group that is callous about their well being.”
This was a tremendous step for a vulnerable individual woman. We have
seen time and again that not everyone could bear to close their eyes
and watch their people being destroyed. Nor is there the social will
to protect those who stand up. Indeed the way of the world has been
to ignore such people and appease the oppressor.
The Murder of Thurairajah Mayuran: Thurairajah had been a long time
successful Tamil trader in Trincomalee. His son Mayuran was a rising
businessman in the hardware trade. He was also well known locally
as a philanthopist, involved in several charitable causes and societies,
an important symbol of the Tamil community. As a family member described,
they were not the kind to seek enemies. They had ties to everyone.
They had good Sinhalese friends and counted some leading security
officials among friends.
For sometime Sinhalese friends had warned the family that there was
a circle of Sinhalese chauvinists who had made a list with names of
about 40 leading members of the Tamil community to be eliminated.
Their intention was to terrorise and demoralise the community (to
which the LTTE has already contributed an ample share) so as to negate
the Tamil ethos of Trincomalee. The targets were persons, particularly
in the business community, who keep alive Tamilness and Tamil pride.
These Sinhalese sources also indicated that a junior naval officer
or naval associate of some notoriety, strongly suspected of a significant
role in the killing of the 5 students, as being a hatchet man of the
circle. All our sources are agreed that he hangs about with the Navy
and his sister is affianced to someone quite high up in the Navy.
Some doubt that he actually works for the Navy, but well-informed
sources are confident that he is the officer in charge of the dreaded
Navy motorcycle unit that goes about wearing masks.
Despite the warning, the Thurairajahs did not take the warning seriously.
They lived on Sea View Road. There was a police post 20 yards from
their house and the shop was close by. They also had friends among
senior police officers and thought themselves safe. The Navy was in
charge of Trincomalee and on 4th August two naval men came to his
premises and asked for Mayuran. He was not at home and they went away.
The following day two men wearing masks came for him in the afternoon
on a motorcycle without number plates. They said they wanted to talk
to Mayuran. During the conversation they shot him with the pistol
and rushed out. One man slipped. The police at the nearby post though
alerted did nothing. The killers remained in the area and were seen
peeping over a wall. It was as though it was their territory where
their impunity was guaranteed.
One person who saw the masked killers said that one of them in shape
had a good likeness to the naval associate in question. The family
conveyed all this to a senior police official they knew well. He,
they felt, did not sound as though he would do an honest investigation.
As in many high profile killings in the North-East attributed to the
security forces, they felt he was asking leading questions to present
an argument that the LTTE killed Mayuran, a possibility they found
ridiculous under the circumstances.
What people in Trincomalee know for certain is that this ‘naval officer’
was around the scene before and after the murder and was also seen
at the hospital when the victim’s body was taken to the mortuary.
They cannot say if he actually took part in the killing, but are confident
that he is linked to the killing.
The previous day, another elderly Tamil businessman Kathamuthu Perinparasa
(65) had been killed in Killiveddy. In a letter to President Rajapakse,
Mr. R. Sampanthan MP charged that the murder ‘was committed to intimidate
the Tamil civilian population who have lived in the area for generations
and centuries’. That was the same day refugees from Mutur arrived
in Killiveddy. The local talk was that Perinparasa’s murder was set
up by the Army, possibly through home guards, because his son was
a senior member of the LTTE.
Another middle-aged trader, Batianpillai Arul, who had his shop on
Court Rd. and visible from two check points 100 yards apart, was shot
dead on Sunday 20th August by two men who called at his video shop
on a motorcycle at 11.00 AM. His wife is reported saying the victim
had been receiving threats from the security forces. Initial information
suggests that the victim, a brother of Sornam, a key LTTE leader from
Trincomalee, was deported from Britain during the currently moribund
ceasefire. Witnesses said that there was a scuffle before the victim
was shot, and the talk in Trincomalee is that the killers are the
same crowd that killed Mayuran.
Hooded Harlequin’s in Trincomalee: A menace in evidence in recent
months that was not taken seriously is the practice of the security
forces to appear in masks without clear identification of the units
they belong to. It is the mark of impunity. Following the killing
of the 5 students last January, also done by masked men, security
men acting as hooded harlequins with arms were in evidence both at
the scene of the murders and many of them were posted in hospital
the same night with a view to force parents to sign statements that
their dead sons were Tigers and also to twist the post mortem examinations
and magistrate’s hearings in their favour.
At 11.00 AM on Friday, 18th August, some masked men on motor cycles,
according to local reports, took a look at the Orr’s Hill Kumaran
Playground and went away. This was followed by a van whose occupants
blindfolded and taken away. One of the youths is said to be an Oxfam
employee and the other three students. Another youth who was caught
was left behind when the parents came and held on to him.
This comes after a period of tension when there was heavy firing of
MBRLs from the Trincomalee naval base into the Mutur hinterland and
also LTTE shelling into the naval base. Many civilians complained
of threats by security men of reprisals against them in the event
of the LTTE shelling the naval base again or troops in Jaffna experiencing
major reversals.
When arrests take the form of abductions by parties who are masked
and their affiliations unknown, one naturally fears the worst. Most
foreigners had left and the locals were afraid to leave their homes.
Information about those detained was hard to come by. The Sunday Virakesri
two days later said that the Police denied any knowledge of the arrests.
Two normally well-informed local citizens said that those abducted
had been released by the Police late night, the same day. Another
dependable source said that parents were in court on Monday, 21st,
in the hope that their children would be produced. After all this
confusion, a source from the Human Rights Commission office in Trincomalee
confirmed that one abductee had been released the same night (Friday)
and the remaining three were released by the Trincomalee Police on
Monday night. The Police reportedly said that the Army had handed
them in.
One could see here procedures for arrest set out by the President
himself being blatantly disregarded. The problems faced by rural folk
would be intolerably worse. This is also the atmosphere in which killer
groups operate with total impunity.
Kantalai - Refugees and Corpses: The Muslim refugees reached Kantalai
on 5th August. That same evening S. Sriskandarajah, a Tamil tailor
aged 35, was abducted after dusk and was found shot dead in a paddy
field with his hands tied. On the 7th a Muslim woman relief worker
had dinner at the home of a Tamil woman. The hostess remarked sadly
over dinner, “They are catching our boys one by one, taking them and
killing them.” After dinner she went to the Periatruveli (Moor through
which the Big River flows) School, which had Muslim refugees and found
the place in a commotion. She was told that some persons had come
into the camp about 9.30 PM and woken up two sleeping refugee men.
Those who came evidently knew the refugee men, who followed them into
an auto rickshaw, which drove off. She also observed some masked security
personnel who were posted in the camp supposedly to protect the refugees.
People were generally reticent about the affair, except to say that
the men were important, who stood up for the community, and were planning
to go to Ganewela the next day. The bodies of the two men with faces
partially burnt were recovered from the neighbourhood about 3.30 AM.
Subsequent inquiries identified the men as Nazar and Ghazali. Nazar’s
story is a sad one. His wife died of her injuries when a shell struck
Al Hilal School in Mutur. His daughter was injured by shelling at
Kiranthimunai during the march. (She and her two brothers are now
with their grand father.) Nazar was planning get a vehicle from Ganemulla
to go back and collect his wife’s body. The people suspect that their
murder may have to do with the robbery of an NGO in Mutur, for which
Nazar and Ghazali gave evidence and had the robbers convicted. But
the fact that the killers, whose identities cannot be hard to trace,
got away so easily raises pertinent questions.
It appears likely that the killers here were Muslim criminal elements
originally from Mutur, presently used by the security forces and placed
in Kantalai to monitor the refugees coming in. A Tamil Christian worker,
who walked from Mutur to Seruvila, was travelling in a vehicle to
Trincomalee with the Sinhalese Additional GA on 5th August. At Kantalai
the vehicle was stopped and two Muslim thugs who accused the Christian
worker of helping the LTTE made as though to kill him with a knife.
The Additional GA interposed and told them that they would have to
kill him before touching the Christian worker. The thugs stood aside.
The Shelling and Bombing of Tamil Refugees in Mutur East and Vaharai:
Muhattuvaram and Punnaiady lie south of Mutur on the east coast far
from any military installations of the LTTE. Punnaiady is a very poor
village comprising people affected by the tsunami and floods for whom
NGOs built houses. They have no agriculture and barely eke out a living.
After the displacement in April-May, they were joined by about 1,600
refugee families who settled in Punnaiady and Muhattuvaram.
On 6th August, the Mavil Aru crisis appeared to be over after the
Norwegian envoy Jon Hansen-Bauer talked to the LTTE in Killinochchi.
The Norwegian government’s attempts to inform the Government of Sri
Lanka the news that the LTTE agreed to open the sluice gates were
obstructed by the telephones of key government persons, including
the President’s Secretary and the Head of the Peace Secretariat, being
switched off, except the Foreign Minister’s. The SLMM Head Henricsson
who went with the LTTE to open the sluice had to take cover when the
Army’s shells rained about them. The Peace Secretariat announced the
same evening that the SLMM had entered the area unannounced and it
had told the SLMM that its personnel should be withdrawn from there
in the interests of their security.
On 7th August the anicut was opened and water flowed into the reservoir.
The Government’s humanitarian war, which was to last 24 hours, became
a humanitarian catastrophe for the Muslims and Tamils. Instead of
looking for diplomatic ways to corner the LTTE, the government extended
the scope of the stalled offensive. The matter had become one of nationalist
pride after having deployed the Army’s second in command with disappointing
results, and the JHU and JVP egging the President on to become a 21st
Century Dutugemunu.
To the consternation of the rest of the world, the Government pursued
the offensive with renewed destructiveness. Punnaiady where there
was nothing of significance apart from the thoroughly impoverished
refugee population was shelled from the sea and bombed from the air.
The people ran leaving the dead where they were. Many of them crossed
the Verugal River into the Batticaloa District and moved to Vaharai.
Families have been scattered and the dead are unaccounted for. This
was the experience of many refugee communities in Mutur East.
Testimonies of displaced persons who were victims of missile attacks
by the Government came from friends, Batticaloa Hospital sources and
from those who reached Batticaloa whose moving testimonies were broadcast
over the BBC Tamil Service.
The fugitive civilians longed to go back to their homes and to live
peaceably with Muslims and Sinhalese. A man displaced from Mutur said
that they long to go back, but it would not be ‘beautiful’ if the
Muslims cannot also come. It takes both to complete the harmony. Similar
sentiments came from displaced Muslims. Another man said, the Mavil
Aru water is what is needed by Muslims, Tamils and Sinhalese. The
LTTE was willing to negotiate. It was only right that the Government
should have waited for that process to reach a conclusion rather than
resort to arms.
Besides the Government which took no responsibility for them, the
refugees once out of the LTTE-controlled area spoke bitterly also
of their experiences with the LTTE. They ran to escape the missiles
and many were sheltering under trees in Eechilampattu. The LTTE came
among them and fired rockets at army positions. Bombs and shells came
in reply. They ran again leaving their dead leaning against tree trunks.
Many of them spontaneously lambasted the LTTE saying that they just
cannot take anymore. They estimated the LTTE’s losses in the Mutur
sector as 100 or more. They added that it had also recruited about
500 as cadres or auxiliaries, often by first asking for their help
to bury their dead. Other sources said that more than 500 LTTE cadres
had been moved from Batticaloa and Amparai to Trincomalee.
Their commonsense was disarming. These were the people the Government
chose to bomb and shell, and the troops seem to have done it with
glee until their barrels literally cracked, in one instance near Serunuwara,
causing an ammunition dump to explode.
War Extends to Jaffna: The LTTE opened a new front in Jaffna late
evening on 11th August. We think to represent this as a pre-planned
push to take Jaffna starting with Mavil Aru and Mutur is very unconvincing.
The offensive did not go far, revealing again the LTTE’s lack of a
sustainable conventional capacity after the Karuna split. The LTTE’s
attempt to launch a people’s war by panicking the civilian population
in Jaffna to move to the Vanni through landmine attacks on the Army
fizzled out last January. Had it succeeded, the Army in turn would
have panicked as the LTTE calculated, giving it the psychological
edge. The Army in Jaffna was saved in 2000 because the civilian population
in most of Jaffna did not budge. The LTTE knew this.
What is more likely is that that the LTTE’s attack on Jaffna was pre-empted
by the need to relieve pressure on its hard-pressed troops in Trincomalee
District. The course of events revealed the LTTE’s plan of action
to attack Jaffna when it materialised. One, to cripple Trincomalee
Harbour by shelling it from its vantage point east of Mutur Town;
Two, to cripple Palaly Airbase, again by shelling it from the Pallai
area. Three, having crippled the Army’s supply routes by sea and air,
to launch a conventional attack on Jaffna. For the last the LTTE was
not ready and one needs to admit the likelihood that its attack on
Jaffna was pre-empted by events in the East that were difficult to
ignore. One was the Air Force bombing of Tharavai training camp in
Batticaloa Dist., which claimed scores of dead.
When the fighting began in Jaffna, there was the repeat of the same
phenomenon that Jaffna and Vanni had witnessed several times in the
past and what Mutur and Rural Mutur East saw recently. Both sides
shelled each other and the people caught in the middle had to run
for life. Those south of the dividing line at Muhamalai ran south
into the LTTE-controlled area and those north of it ran north. Families
were scattered and with poor communications the dead must remain unaccounted
for weeks. What horrors the injured had to endure, we can only guess.
Reports of what happened in Thenmaratchy are so far sketchy. The only
definite information we have obtained so far from people who escaped
is that 5 civilians are known to have been killed in Varani. Since
this is in the army-controlled area the shelling was by the LTTE,
which fell near army camps in the area. The soldiers got out of the
camps and were among civilians. The known dead included a couple and
a pregnant woman killed by shelling. Two young men riding a motorcycle
were killed by soldiers on a motorcycle. Curfew had been declared
and unable to stand the shelling, one group of civilians got into
vehicles and came through lanes avoiding the Army, crossed Vallai
Moor and reached Karveddy, Vadamaratchy. Two more civilians, a man
and his niece were killed by a shell in Kodikamam. Another source
gave the known dead in Varany and Kodikamam as 10. We may estimate
conservatively that about 40 civilians died from LTTE shelling in
Thenmaratchy. Southeast of this area people would have suffered similarly
from army shelling. This is just the tip of the iceberg.
Allaipiddy Church Shelled: The LTTE also made an incursion into Mandativu
(Leyden) Island, and its gains of some naval bunkers proved as temporary
as in Muhamalai. Meanwhile the civilians were shelled, mainly by the
Government. St. Philip Nery’s Church in Allaipiddy, which was a refuge
of local civilians as it had been after the horrendous killings by
a state killer group last May, caught a shell on 12th August. The
ICRC reportedly brought 7 bodies from the area. Local sources later
said there were about two dozen bodies in the Church, many of them
under rubble. When the ICRC went to the Church, the people who had
suffered much, pleaded, “Save us.” The best information possessed
by a local source is that the LTTE was present in the area and took
away some fishing vessels and also tried to take some people away.
So far we do not have positive testimony as to whether or not the
LTTE fired at the nearby navy camp from the church precincts. Little
movement has been possible in Jaffna because of curfew.
The Air Force Killing of Adolescents in Vallipulam, Vanni: Following
its extension of the war, the Government seemed determined to hammer
from the air all LTTE targets in the North-East regardless of the
civilian cost. A compound in Vallipulam, between Thevipuram and Puthkudiyiruppu
on the Paranthan-Mullaitivu road, that had at sometime been used by
the LTTE as a children’s home was the recipient of 20 bombs dropped
by the Air Force before 7.00 AM on 14th August. The SLMM and UNICEF
which went there spotted 19 corpses of girls aged 16 to 18 and a further
100 injured in hospital, but agreed with the LTTE that these girls
were not under military training. A list attributed to principals
in the area placed the dead at 55, 51 of them girls born in 1988 and
1989, and 4 staff members. The Government, including President Rajapakse,
asserted that the Air Force hit a training camp.
We learnt from local sources that the premises were used by the LTTE,
but not quite as a training camp. The girls were from several schools
around Killinochchi and Mullaitivu. International pressure and the
presence of UNICEF had made outright conscription problematic for
the LTTE and also enabled school principals to show some opposition
to cruder methods of recruitment. What the LTTE then did was to organise
these first aid programmes for which school girls were routinely taken
and brought back after several days. This was something difficult
for the principals to oppose.
The LTTE started these classes for school children, citing the pretext
that because of the ongoing hostilities injured may be sent from the
Pallai area in the the north or that they might themselves become
injured. Our sources say that the premises were not used for sometime,
and first aid classes were organised there only recently. They also
said that there were no LTTE establishments nearby, but only civilian
houses, each in plot of land two or three acres in extent.
During such programmes, the students were also given a giant dose
of brain washing. Their reactions were noted and those amenable to
pressure were identified. Within a week of being returned home, the
LTTE cornered those identified as amenable individually and got them
in. Conscription here was not crudely physical. Those bombed were
not LTTE cadres and many of them had no intention of ever joining.
The Government’s Defence Spokesman, Minister Keheliya Rambukwelle
maintained however that it was an LTTE transit camp identified by
long-term observation. His semantics could not have been worse for
the Government. He argued that once a child is under training for
military use, it cannot be treated as a normal child and added, “At
a time like this we cannot look at their age, but instead at what
they were aiming to do.” He even argued a strange case for UNICEF
sanction for the Government’s action referring to their statement
a few months ago that the LTTE has recruited more than 1,000 children.
He said, “UNICEF can’t later tell us that they are children and not
to attack them.”
Comment is superfluous, and this attitude is to do with the Government
dispensing with a political approach and being cornered into a non-cerebral
one that shows it in the worst possible light. The LTTE’s use of children
is one crime that has received the most publicity in the South and
Sri Lankan delegates have many times raised it in international fora.
At home however precious little was done for these children. The Government
has lost all credibility on the matter after it allowed or encouraged
Karuna to conscript children and take them through its check points
for training at Theevuchchenai near Welikanda.
Rambukwelle claims that the Government called upon the children under
arms to surrender and enjoy an amnesty. For one thing surrender is
impossible for most children under arms. The Bindunuwewa prison massacre
and the impunity enjoyed by those who executed it do not give these
children a credible option. Witnesses present at the Supreme Court
hearing heard comments from the bench disturbingly close to Rambukwelle’s
reasoning. There are more compelling concerns.
A Gigantic Crime: For some time it has been well known that the LTTE
has been forcing all adults living under its control in Mutur and
Interior Batticaloa to undergo military training, including schoolchildren
14 and above. In the Vanni where this was very bad some years ago,
international agencies have given many children some room to manoeuvre
unlike in the East. This forcible militarisation of the whole society,
which seeks to erase the distinction between civilian and soldier
is a terrible crime. The Government has drawn so much attention to
its own messy record that this crime is allowed to pass unnoticed.
Indeed the Government’s bombing of the school girls would only strenghthen
the LTTE’s propaganda by giving children a feeling that they are going
to be killed whether or not they join the LTTE.
Nearly all the people try to get round the LTTE’s system as best as
they could and escape out of the Vanni at the earliest opportunity.
Whether people try to take up nursing or administration, they are
manipulated to become part of the military machine. The Minister’s
reasoning would suggest that all these people should be killed because
of what they hypothetically might do. Such reasoning could go to even
cruder extremes. It would amount to barbarism of the worst kind so
out of keeping with the Geneva Conventions the Government cited as
the reason for its humanitarian offensive over Mavil Aru. As long
as the Government evades a political settlement, it would more and
more be guided by the kind of reasoning heard from the Defence Spokesman.
What is after all the Government punishing these people for with missiles?
These people are sick and tired of the LTTE and curse them regularly.
Unfortunately, the peace process which sought to entrench the LTTE
imposed the opposite impression by implicitly accepting them as the
sole representatives of the Tamil people.
In a major LTTE-controlled agricultural village, it forcibly prevented
dry season irrigated cultivation in order to force people into military
service. A man pointed at a picture of Prabhakaran on his wall and
asked a relative, “Do you think we hang these pictures because we
like the fellow? We do it just to play it safe with these fellows.
If the Army advances, we will tear them and throw them away.” All
school children are under forced training and the adults are called
out to dig bunkers. But all does not go smoothly. An LTTE youth went
home and harassed a man to come out and dig bunkers. The man beat
up the LTTE youth and told him to first learn to respect his elders.
His relatives fearing the repercussions, which may come when least
expected, asked him what he had done?
When the recent round of fighting begun, the LTTE instructed the village
to dig bunkers and stay put. The entire village packed bags of rice
from their last harvest and went to the Madhu shrine. There they are
without money to buy provisions. The villagers who were healthy and
well fed are now described as looking like sticks.
To the Tamil LTTE supporters, the bombing of the girls at Vallipulam
is a stick to beat the Government with. They did not bat an eyelid
or shed a tear when the LTTE sent children charging against entrenched
army positions. It slaughtered 500 children at Elephant Pass in July
1991 and above 200 at Pooneryn in November 1993 (Reports 8 and 13).
To the Government and Sinhalese extremists, statistics on LTTE child
soldiers are a humanitarian issue to be used only to disguise their
political bankruptcy. Both sides miss out on the real human tragedy
of child soldiers.
Some recent pictures in the LTTE media unashamedly show well built
and well fed senior LTTE leaders in front smiling broadly, while small
built and skinny persons peep from behind them unsmiling and lost.
Battles earlier this month in Kilaly, Muhamalai and Mandativu provided
some insight into what may have been their terrible last moments.
Reports indicate that many of them were massacred. A civilian who
had a radio set on heard a young voice from a frontline giving an
agonised shout in response to an order from behind to capture a certain
position: “Angai poha iyalathu Annai, Iyalathu” (Can’t advance there
Sir, just can’t).
9. A Question of Fundamentals
If the present government were serious about challenging the LTTE
they should have put forward their federal or maximum devolution settlement
by early this year instead of relying primarily on a hard line approach
involving killer groups and impunity that was both offensive and humiliating
to the Tamil people. The Government even belatedly gave indications
of curbing violations by its forces and its allies. The activities
of its killer groups declined sharply after mid-June. Reprisals against
civilians after the LTTE’s claymore mine attacks had also largely
stopped for the present.
This trend could
have been represented as an advance only if accompanied by moves at
political accommodation and a will to understand the feelings and
grievances of minorities and address them. Failing this, attempting
to improve discipline among the security forces in isolation would
have only a transient effect, while the inevitable net long-term trend
would be growing indiscipline among security personnel and more bitterness
among the minorities. After the current humanitarian debacle, we witness
once more the emergence of masked groups indulging openly in killing
and abduction in the firmly Navy-controlled town of Trincomalee. The
Government had its fundamentals mostly wrong. This was brought into
clear relief in the Government’s so-called humanitarian military operation
to open the Mavil Aru anicut.
There are a host
of humanitarian issues concerning the Tamils and Muslims in the North-East
people have got so tired talking about that even successive governments
have forgotten that they exist. The first of these was the Weli Oya
(Manal Aru) project of late 1984. A total of up to 10 ,000 Tamil families
were displaced from an area that includes parts of Mullaitivu, Vavuniya
and Trincomalee Districts. Amarivayal and Thennamaravady, two very
old Tamil villages in Upper Trincomalee District ceased to exist.
It was outright robbery by the State in order to settle Sinhalese
in the area. The list is too long and the Tamil papers regularly remind
the readers of vast acres of arable and inhabited lands in the North-East
taken over ostensibly for security purposes. The inhabitants of these
lands are scattered and without an identity.
The people would
understand the Government taking control of lands for security purposes
temporarily. But then they would rightly expect a viable political
strategy to restore peace and give back the lands to the civilians.
But when in the absence of such a strategy the deprivation runs into
to a generation, it takes on the appearance of robbery and the Army,
an army of occupation. The humanitarian issue becomes a poignant one
in need of an answer. The basic trouble is that governments in Sri
Lanka are content to leave the problem in the North-East to attrition
and do not feel the compulsion for credible political strategies.
In the case of the present government the drift is all too conspicuous.
The question of a political settlement has been left to the All Party
Conference and the Committee of Experts, the latter dominated by persons
who see the solution coming through ‘current demographic trends’,
meaning attrition, and have even set commentators talking about the
long discredited District Development Councils and an obsession with
de-merging the North-East. One critic alluding to the Government’s
sense of political urgency used the phrase ‘devolution in a bullock
cart’.
10. Refugees and Issues
Muslim and Tamil refugees from the current round of conflict run into
several tens of thousands from each community. Muslims evicted from
Mutur are concentrated mainly in Kantalai and Kinniya and have been
able to preserve a sense of community, and mobilise support from around
the country and abroad. They are in locations where access is relatively
easy. They have been able to make demands, activate their representatives
and force the Government and relief agencies to listen.
The experience of Muslims who faced horrendous shelling in Mutur and
were driven out of their homes is a crime against any group of human
beings. But to place on it an LTTE conspiracy against Muslims in particular
is misleading on this occasion, not forgetting its institutional ill
will towards Muslims and crimes against them such as the Kattankudy
and Eravur massacres. What the Muslims suffered is not very different
from what Tamils suffered in the eastern half of Mutur, Eechilampattai
and in Thenmaratchy, Jaffna. Trying to do any relative quantification
is pointless.
In comparison with the Muslims, the Tamils evicted from their homes
and scattered once more at every new blast of missiles, have become
both politically and communally amorphous. The Tamil displaced, dead,
dying and injured remained largely invisible. Their push-button representatives
have gone into hibernation and are incapable of offering leadership.
Their church leaders, too accustomed to play safe by the LTTE, are
now as it were obliged to play safe by both the security forces as
well as the LTTE. LTTE politics and its terror, which destroyed independent
voices, have left the people naked before natural and manmade hazards.
Soon the nakedness of LTTE terror will become manifest and the Tamils
will have no illusions left about its destiny.
Today there is nothing comparable with the spontaneous citizens’ committees
that sprang up in the North-East during 1984, which were a strident
voice against state terror. The LTTE’s terror destroyed all these
by the end of 1986. The contrast is today marked in the Tamils in
Trincomalee pathetically cowering before terror from the state. Where
groups patronised by the state are targeting individuals today, it
is only to complete the job begun by the LTTE. B. Vijayanathan, Soosaipillai
Nobert, A. Thangathurai and P. Sooriyamoorthy are among the distinguished
Trincomalee Tamils killed by the LTTE, whose leadership was crucial
for the people.
The Minister for Human Rights and Disaster Management was at a meeting
recently to give directions to government departments and NGOs about
Muslim refugees. According to persons present he had to be reminded
that there were Tamil refugees as well. NGOs and INGOs carrying relief
to Tamil refugees face enormous obstacles. Defence Ministry clearance
needs to be obtained to take relief to the LTTE-controlled area. But
even a church group carrying relief for Tamil refugees in Trincomalee
town was also turned back at an army checkpoint. Tamils are driven
to feel that it is pointless appealing, whether to the alien state
or even to their liberators.
Finding everything in their own land utterly alien and unyielding,
more and more Tamils are fleeing to Tamil Nadu creating a ticking
time bomb. According to figures provided by the relief agency OFER,
7430 refugees crossed over to Tamil Nadu from the beginning of this
year as of 17th August. Most of the refugees crossed over since May
when there was a marked deterioration in the security of Tamils in
Trincomalee District. While most of those coming earlier were fisher
folk, more recently the socially and economically marginalised have
been prominent among those crossing over.
The refugees were selling their belongings such as bicycles at bargain
prices. It is mainly persons from the North-East in government employment,
or having foreign relatives, who could speak of an income. For the
others, quite apart from security, the case for going to India was
strong. Repeated humanitarian crises with no prospect of improvement
in sight have made the people hopeless. Having been the main cause
of the current round of misery, the Government is in no hurry to acknowledge
or cater to the needs of the victims.
The Sri Lankan Navy has been apprehending those crossing over at sea
and handing them over to the Police because of the sensitivity of
the issue in Indo-Sri Lanka relations. However on 17th August 460
people crossed over with no significant resistance from the Navy.
5 were killed when their boat capsized on sand bank 5. Observers think
that the presence of the US envoy in Colombo was a factor in the leniency
that day. About 2,000 refugees are waiting in Mannar to make the crossing.
The mood among those working among them is to expedite their departure
as the security situation is seen as increasingly tenuous. By August
22nd refugees from Trincomalee became prominent among those waiting
to cross over in Mannar Island. At this time refugees were moving
at several hundred a day, a fraction of them being detained at sea
by the Sri Lankan Navy and returned.
The time has come where the Tamils will have to accept in all humility
that the leadership in the struggle for democracy and human rights
in the North-East, both against the State and against Tamil fascism
will have to be borne by the Muslims. What the Mutur experience has
done is to mobilise the Muslims towards coming into their own and
no one could now take them for granted. More than their homes, the
Tamils have lost their sense of community, their leadership and their
social infrastructure. Even when fascism collapses, as it surely would,
it would take them at least a generation to recoup.
It was evident even in 2000 that when the late M.H.M. Ashraff campaigned
persuasively for the 2000 Draft Constitution, he was more than a Muslim
leader. He had become the leading political figure in the North-East
with the potential to speak on behalf all the people living there.
The Tamil leadership on so crucial a matter was then in abeyance.
It would behoove both communities to acknowledge this reality and
think responsibly about what it entails.
Many interpretations could be affixed to the events above and nearly
all of them collapse upon scrutiny. It is most likely that there was
no grand plan and both warring parties were reacting according to
their instincts and agendas turning the closing of a sluice gate into
an orgy of bloodletting and displacement. As soon as the LTTE started
feeling the pressure over the water issue, it made it a people’s cause
and got the SLMM to talk to civilians the next day when bombs fell
nearby. This is more local than a grand conspiracy for something big
for which the LTTE was not ready. Had the SLMM been allowed to conclude
its diplomacy, the water issue might easily have ended on 28th July
or 6th August.
The key issues are to do with the manner in which both sides waged
their military campaigns without any regard for civilian life or property.
Where the LTTE is concerned what happened in Mutur is no different
from what it inflicted on Jaffna five times in the last 20 years.
What the people wanted was a political settlement. But their sole
representatives who could not live with a political settlement, continually
gave them bombs and shells instead. The LTTE cannot however be a pretext
for the State to dispense with its obligations.
The State was utterly irresponsible and callous, if not vicious, in
the manner in which it used missiles in civilian areas and against
persons displaced because of army reprisals. In this whole episode
the Government has allowed the LTTE to score undeserved political
points, which would weigh against it in the long term. If this were
how the Government would wage a ‘humanitarian war’, what would a real
war mean for the civilians?
The last thing the Government should do is to allow its actions to
be guided by narrow nationalist ideologies and agendas based on them.
The JHU and JVP throwing their weight about in Trincomalee, and consequently
the other communities being driven by experience to see the security
forces as being motivated by malice, does nor augur well for Sri Lanka.
One also questions the Defence Ministry’s motives in flying the leaders
of the Patriotic National Movement to address troops in Jaffna on
22nd July. The people would inevitably see their experiences of the
security forces in terms of these deplorable influences. Did these
influences counsel the bombing and shelling the Tamils and Muslims
experienced? While the Government cited the Geneva Conventions against
the LTTE, its actions seemed to defy most basic humanitarian conventions.
It would indeed be very sad if we have to judge the Government in
relation to the LTTE, rather than by standards accepted in international
law.
A very basic undertaking given by the Government is the CFA. The CFA
was degraded in the first place by the international community’s tolerance
of the LTTE’s assassinations. Instead of challenging this, the Government
too resorted to assassinations.
In retrospect people who lived through the shelling blame the SLMM
for the degradation of the ceasefire in the first place. Many people
rebuilt their houses and moved into them trusting that the Norwegians
were determined to enforce the truce. A party resorting to hostilities
was obliged to give two weeks notice of its intentions. But the Government
launched the Mavil Aru operation without giving notice, and yet insisting
that it was committed to the CFA. The LTTE said the same thing. We
had thus the tragic-comic spectacle of missiles raining on the people
while both sides insisted that they were committed to the CFA.
People in Thenmaratchy said that had they been given notice they would
have left the area in advance, whereas they suddenly had shells falling
on them without warning. Added to this was the further absurdity that
while the people were being shelled in Jaffna, the Government imposed
a curfew. Most people made a conscious decision to escape knowing
that the choice was between Tiger shells and being shot by the Government
as curfew breakers.
Further, the international agencies were leaving the conflict zone
where they were most needed. The need of the hour is committed and
rigorous international monitoring with much greater ability to hold
the parties to account.
11. Conclusion
The humanitarian
crisis in Sri Lanka was preceded by a human rights crisis. If the
LTTE had not quite finished off Tamil civil society in the North and
East, the Sinhala chauvinists with the complicity of the security
forces are rapidly completing the job. And whether the Tamil community
can survive with security in Trincomalee will determine the future
of ethnic relations in the country as a whole. The LTTE is now attempting
to do the same to the Muslim community by targeting its young leadership,
but for now the Muslim community appears resilient, as in their response
to Muttur illustrates. With the other communities debilitated as they
are by communal politics, the Muslim community may well have to be
the beacon for democratisation and a political solution in the North-East.
The situation
demands a strong and coordinated response to protect civilians:
Even when people
locally and in Colombo do hear of warnings of impending humanitarian
catastrophes, there are no surviving structures either locally (such
as the old citizens committees) or at the state level to convey such
concerns. There is an urgent need for some mechanism, possibly with
international interlocutors to communicate local community leaders’
concerns to the security forces to prevent both human rights and humanitarian
crises.
The withdrawal
of INGOs from areas worst hit by conflict has created a climate of
fear among the local population, as they fear killings and massacres
at the hands of the security forces without any witnesses. There is
a need for an international presence in trouble spots and particularly
with the IDPs, who are deeply insecure.
A UN human rights
monitoring mechanism that can push for the prosecutions of perpetrators
of human rights violations through support for investigations and
adequate witness protection is a key step in combating Sri Lanka’s
climate of impunity. Such a mission should have the mandate for access
to the entire country. It could also provide the space for local activists
to work on human rights issues. Even at this grave hour the local
and international human rights community should make a principled
call for such a monitoring mechanism and not be inhibited by the reactions
of the government or the LTTE.
12. Appendix
I
The Mavil Aru
Sequence
On 20th July
the LTTE closed the sluice gates of the Mavil Aru Anicut, which conveys
water from Verugal River to farmers in the Allai Scheme. Initial low
key attempts to open the gates met with little success.
The Government
Peace Secretariat said in a statement, “On 25 July, Elilan, Head of
LTTE’s Political Wing in Trincomalee District, sent a letter to SLMM
referring to the need of a water supply tower in Paddalipuram in the
LTTE-controlled area. On receipt of this letter by SCOPP a decision
was taken promptly in consultation with the Secretary to the President
and Secretary, Ministry of Nation Building & Development to agree
to the construction of the requested water tower with a view to resolving
the situation. This was conveyed to the LTTE by GOSL letter the same
day through the SLMM. There was no reaction from the LTTE Peace Secretariat
in Kilinochchi or from the LTTE Office in Sampoor. The SLMM attempted
on several occasions to seek a response from the LTTE to the Government
letter of 25 July, without any success. The LTTE had by not responding
to the GOSL letter of 25 July, left little choice to the GoSL to seek
to restore the water supply through other means.”
The LTTE’s local political leader Elilan had a different story, “On
Thursday 20 July [Tamil civilian] protesters chose to close the sluice
gate and cut the water supply to the GoSL areas. They also sent a
letter to the GoSL stating three requests as conditions for reopening
the sluice gate: ensure security of civilians who must travel between
GoSL and LTTE areas; remove the ban on items imposed by the army;
and incorporate drinking water supply to their areas… No response
was received from the GoSL by the protesting people.” (TamilNet 31
Jul.)
The Peace Secretariat statement was correct in the narrow sense of
factuality. The LTTE media made no reference to the closure of the
sluice gates until the Government began its ‘humanitarian operation’
by bombing LTTE areas on 26th July. The LTTE’s new ‘civilian’ demands
surfaced only on 27th July, when it talked to the ‘civilian protesters’
supposedly with a view to resolving the issue.
Where the Peace Secretariat statement was crucially misleading was
in suppressing the role of the Government’s partners, the JHU and
JVP, in forcing its hand to begin a humanitarian military venture
risking the high likelihood of a humanitarian catastrophe. This was
Trincomalee District where the direct and indirect influence of their
kind of ideas has dominated the workings of the security establishment
– the Sinhalisation of Trincomalee. Two prominent events that resulted
in a climate of fear among Tamils are the contrived execution of 5
students on the beachfront on 2nd January and the communal violence
of 12th April.
On 24th July Jayantha Wijesekera, the JVP parliamentarian for the
area said that he had raised the closure with the Defence Secretary,
the President’s brother. On 26th July the JVP-led Patriotic National
Movement issued a statement demanding “the government should use its
power to destroy the Tiger terrorists in order to activate the sluice
on the waterway.” On the same day the Air Force commenced bombing,
described in the Peace Secretariat statement as, “Security Forces
began escorting the Engineers. The Air Force conducted an air operation
against identified targets which had instigated the forcible closure
of the Anicut.”
On 28th July JHU monks Venerable Athureliya Ratana Thera, the party’s
parliamentary group leader, and Venerable Akmeemana Dayaratna Thera
made their dramatic presence felt in Kallar, the army position nearest
to the sluice gate. Not unexpectedly prevented by the Army from leading
a group of civilians to open the sluice gate, they commenced a fast
to death. The Peace Secretariat statement went on blandly, “the security
forces began ground action to access the sluice-gate at Mavil Aru
purely on humanitarian grounds to restore the free flow of water to
civilians.” On 30th July the monks talked to Army Chief of Staff Gen.
Nanda Mallawarachchi who visited the area, and pledged to open the
sluice gates within 24 hours.
Others with an immediate interest in restoring water to the Sinhalese
farmers were not so impressed. Venerable Seruwila Saranakitti, the
Chief Prelate of the Eastern and Thamnkadu dual provinces told the
media, “It was a weakness on the part of the Jathika Hela Urumaya
monks to have attempted to take the agitated farmers who were angry
by the deprivation of water to an area littered with bombs and explosives
endangering their lives.” Saranakitti had originally tried contacting
the LTTE and did not get a response. He undertook a fast also at Kallar
asking for the Government to intervene, and gave it up after getting
a pledge from the Government. He told the BBC’s Sinhalese Service
that he did not know at that time the Government was trying to take
military steps to open up the sluice gate.
The difference is that Saranakitti wanted the water for his people.
For the JHU, it was a question of grandstanding in Trincomalee and
using that for votes in the South, water or no water. By playing into
such elements, the Government looked weak and vacillating on one hand
and mindlessly brutal on the other, causing much death and destruction
among civilians. It kept repeating every few days that it wanted a
negotiated settlement to the crisis.
The Government kept coming back to the notion that the water should
be released without any conditions being attached. The SLMM had in
fact brought down these conditions to face-saving formulae for the
LTTE, on which it undertook to give satisfaction within a given time.
On the face of it these were reasonable, such as a water supply scheme
for the LTTE controlled Mutur East with a large displaced population
and easier access for goods and persons at entry points. The SLMM
complained on two occasions that its diplomatic efforts were thwarted
by the Government’s resort to firing missiles near where the negotiators
were, first on 27th July and the second time on 6th August. Both the
SLMM head Ulf Henricsson and spokesman Thorfinnur Omarsson charged
that the Government had other agendas in mind besides water. Norway
complained that if the Government wanted to solve the water problem
by military measures, it should not ask them to solve it diplomatically
at the same time.
13. Appendix II
Note: What appears
below may be regarded as folk history. The events enumerated are ones
in common currency among the folk, which anyone familiar with the
people would have heard on many occasions. The post independence experiences
are part of living history. The problem calls for a political settlement
and neither justifies the closure of the Mavil Aru anicut, nor the
militaristic response dictated by the Government’s narrowly chauvinistic
perception of humanitarian causes.
Mavil Aru and
the Struggle Against Ethnic Oppression
- by Lajeevan
(Translated from the Veerakesari, 6th August 2006)
The Mavil Aru
water dispute in the Trincomalee district is indeed a tremendous human
rights issue. It is a problem to do with the livelihood of the people.
The government has claimed through its media outlets that the Tigers
have proved themselves terrorists by the act of closing the anicut
(sluice gate). Moreover even as talks were a foot to reopen the anicut,
the government resorted to severe bombardment. Many lives were lost
as the result. However, the Mavil Aru dispute is not simply a water
dispute. It is an attack on the very foundations of the Tamil Liberation
struggle. It is about basic rights that have long been denied. Village
elders tell us that it was this denial of rights that compelled Tamil
youths to take up arms. It has long been held by Tamils that Trincomalee
district has from time immemorial been part of the Tamils’ heritage.
Governments who
have ruled us for many years have seen the district as the link between
the North and East, and as the key to the united strength of the Tamil
people. It is because of this fear that the governments have conspired
to break the contiguity of the North-East by establishing Sinhalese
settlements in the north and south of the district in a planned and
systematic manner. This planned demographic gerrymandering was begun
in 1958 by communally motivated governments.
Accordingly,
the Mavil Aru anicut was constructed for this very purpose of Sinhalese
colonisation. Thus in the name of the Allai Scheme the government
created a new division called Seruvila where Sinhalese from all pars
of the country were brought and given jobs and resources. As the result
the Sinhalese villages of Kallar, Dehiwatte, Neelapolla and Seruvila
were established. “ The water which irrigates the rice overflows the
canal and also irrigates the grass.” That’s how Tamils get their water.
Owing to this scheme the Eachilampattu division comprised entirely
of Tamil villages was deprived of water and marginalised.
An elder from
Killiveddy told us, “During that period (1978) the renowned Tamil
villages of Killiveddy Eechillampattu and Mallikaiththeevu, among
several Tamil villages were rendered insignificant by Sinhalese colonisation.
Many lands and resources owned by Tamils were taken over by the state
for this purpose. During the same period, many Tamil youths began
to struggle against this marginalisation.
“The Seruvila
Buddhist temple then had an incumbent priest who advocated the policies
of the present Hela Urumaya (JHU). He declared that up to the furthest
extremity where the sound of the bell in his temple is heard, is land
belonging to the Sinhalese. He also pronounced that wherever a Bo
tree is found, there should a Buddhist vihara (temple) be built. Many
fertile lands were stolen using this pronouncement. In the resulting
climate of fear, the youths in Killiveddy proceeded to chop the existing
Bo trees one night. The following day the Bhikku (Priest) brought
the police and had several youths arrested and tortured. For many
years we contested the Bo tree issue in court. After this manner the
sufferings of the Tamil people were not a little. Bo trees were used
for aggression and came to be seen as symbols that presaged another
Buddhist temple.” “This is just one of many stories among all that
we underwent”, the elder concluded.
A Muslim elder
in Thoppur said, “During 1978 many Muslim lands in Thoppur were taken
over in the name of the Seruwila expansion scheme. At that time a
government surveyor from Kopay, Jaffna, by the name of Kanthasamy
was sent to survey these lands. Not knowing what was in store, we
asked him why he was surveying our lands. “These are not your lands.
These are lands reserved by the government for the Seruwila Sacred
Area Scheme. I am merely a government servant doing my assigned duties.
I know nothing beyond this. You must ask the Government”, Kanthasamy
replied. The surveyor spent several months surveying the lands. We
too protested against this, but absolutely to no avail. Today those
lands have been developed so that they can be cultivated during both
seasons and have been settled with Sinhalese”. “It is Mavil Aru water
that flows into these lands”, concluded the Muslim elder from Thoppur.
An elder from
Eechilampattu told us, “ Mavil Aru is in the same division as the
sacred river of Verugal. This is the sacred river where the local
deity Murugan receives his scared ablutions. Today we could go to
the river and take a drink of its sacred water. But the blessing of
using the water for our agriculture and livelihood is denied to us.
When you came here you would have experienced the cool blowing at
Ali Oluwa. But what do you find here? It is but a scorching hot breeze.
This is our reward for giving them our Mavil Aru water. There is nothing
we have received from what is ours. It is our fate that people who
came from some far away places should enjoy this benefit. We are bereft
of many of our living associations. Many of our agricultural lands
became fallow. Although this river belongs to our area, our villages
are unable to benefit from its flow.
Lands have dried up. We have a problem of drinking water even though
a river flows nearby. Because of our water bombs have been dropped
on us from the air and many lives have been lost.
“The Seruwila
area which was created only yesterday has now become a Divisional
Secretary’s domain. This land of Eechilampattu gets its name from
the deity Sembaha Nachiamman who came with her dual trident many centuries
ago. It was a traditional Tamil village. Although the divisional secretary
system was introduced a long time ago, Eechilampattu has been neglected
and is administered directly by the Government Agent of Trincomalee.
Last month when food and fuel were being brought here, the Police
at Kantalai claimed that these were meant for the LTTE and confiscated
them. It was after a court hearing that the provisions were brought
here. It was under these circumstances that the Sinhalese experienced
a water stoppage, but is something we have experienced for many decades.
In neighbouring Serunuwara there is electricity even in the most out
of the way places. But this ancient settlement of Eechillampattu has
no electricity to this day. We have been penalised for many years
and lost our livelihood because of many restrictions placed by the
Government. Therefore from the very beginning Mavil Aru has been central
to our struggle. From the very day these colonisation schemes were
introduced, it has been a series of catastrophes for us. The water
stoppage the Sinhalese have suddenly experienced is certainly one
for deep regret. Have they thought about the water that has flowed
through our lands for several centuries from which we are unable to
realise any benefit to this day?
“A few months
ago we were told that we would be given a water scheme through the
ADB. That has not happened. The UNP MP Rajitha Senaratne came to our
area. We told him about our problem with drinking water. He promised
us tube wells. One well was drilled in Poonakari. The government was
then taken over by President Chandrika and that was the end. Our own
resources are ours only in dreams.” Having continued breathlessly,
the elder ended his oration.
A Tamil farmer
from the Killiveddy Left Bank has this to say, “We were chased out
of here in 1978 and lived as refugees in Pachchanoor for many years.
We were resettled in 1993. In the last few months our dear ones have
been shot and knifed in their paddy fields by the Army and Sinhalese
home guards. We were displaced again to Eechilampattu, facing the
prospect of further displacement. While the Allai scheme was being
developed, because of the protest of our MP A. Thangathurai, we too
were given some token settlements. It is now our fate to live as refugees.
“The Tamil village
of Thirumangalai, whose Sivan temple was celebrated in verse in the
ancient collection Thirukarasu now lies in ruin. The same area has
acquired the new name Somapura. No one can go there. This is the fate
inflicted on us by the Sinhalese settlements, which Mavil Aru made
possible. We are now being told that even Tamils have been deprived
of water by the closure the anicut. But we have been immeasurably
distressed by this water for many decades.”
These stories
of distress from the people are endless. It appears that the Mavil
Aru dispute is the continuation of the same saga.
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