Since 2004 RCT has worked with Sri Lankan human rights organizations in the struggle against torture in Sri Lanka. RCT is hopeful that the post-war scenario in Sri Lanka after the military defeat of the Liberation Tigers of Tamil Eelam (LTTE) may open up venues for addressing the collapse of rule of law and the widespread torture in the country. The political rhetoric in the campaign for presidential elections coming on January 26th in Sri Lanka holds promises for changes on these matters.

Presidential Elections in Post-War Sri Lanka: the challenges
In May 2009, the LTTE was militarily defeated by the Sri Lankan army which led to an end of the three-decade war. Both of the main presidential candidates take credit for winning the war. Current President Mahinda Rajapaksa now wishes to cash in on the victory by calling for early presidential elections. His main opponent is the retired General Sarath Fonseka who led those Sri Lankan troops which defeated the LTTE.

Both candidates have made official promises to restore the rule of law which is one of the major challenges in the post-war Sri Lanka. The country’s minorities currently feel excluded by the system and the political opposition rages against rampant electoral impunity. There seems to be a general environment of distrust between the political parties and between the Singhalese majority and the Tamil minority, in particular. A presidential election at this point might cause further split between these groups, if neither Rajapaksa nor Fonseka actively include them in the shaping of a democratic system.
If, however, the candidates succeed in unifying the Sri Lankan people towards reconciliation and trust it would help create a ground for restoration of the rule of law upon which sustainable peace could be achieved.

Promises of change
Fonsekas manifesto, bearing the promising title “A Believable Change”, was launched in Colombo on January 7th. Fonseka takes up on issues that can be of major relevance for a full impact of RCT’s projects against torture in Sri Lanka.

The manifesto includes Fonsekas vision for a Sri Lanka “where the ‘white van’ culture of disappearances and extra-judicial executions are firmly confined to the pages of history.” A white van without number plates represents a symbol of terror and disappearances in Sri Lanka. It has been documented to some extent how armed men, traveling in white vans without number plates abducted thousands of people who never reappeared.

Fonseka furthermore states that he will restore the rule of law – and he specifically mentions a restoration of an honorable police force that will enforce the law equitably to all.

The RCT can only hope that Fonsekas contingent win of the Presidential elections will lead to an actual implementation of the so-called “Obamanian” rhetoric for change. RCT has recently evaluated its support for prevention of police torture in Sri Lanka. The main conclusion is that the rule of law indeed is hampered by the emergency and anti-terrorism laws and that the criminal justice system needs to be reformed. RCT experiences how these factors hinder the process of legal redress in Sri Lanka, which is one of the main obstacles to obtain the full impact of RCTs and its partner organizations efforts.

President Rajapaksa launched his election manifesto titled “A Brighter Future” a week after Fonseka. Rajapaksa also recognizes that it is his duty and responsibility to create a Sri Lanka with a rule of law, good governance, democracy and human rights that every Sri Lankan can be proud of.
Rajapaksa also expresses willingness to discuss abolition of Executive Presidency and to discuss a new Constitution. His opponent Fonsekas specific goal is to reactivate an amendment to the Constitution that would ensure reestablishment of the Independent Commissions.

Many of Rajapaksas promises for a brighter future include economic incitements, such as lifetime salaries to the families of army and police officers who have lost their lives in the war. Furthermore, Rajapaksa ensures that: “In order to make the Police service a more attractive and dignified public service, several reorganization measures will be undertaken, including the revision of the police uniform.”
As it is noted in RCTs report, torture is widely practiced by the Sri Lankan police. Furthermore, torture is increasingly widely and publicly acknowledged in Sri Lanka. New police uniforms will hardly contribute to a torture ban.

International context
Nevertheless, the candidates’ pledges are a powerful rhetoric coming from two men who both are facing allegations of committing war crimes and crimes against humanity, during the war with the LTTE. The international concern with the human rights violations, including the rampant use of torture in Sri Lanka, has been mounting over the years and in particular in the final rounds of the war. It has added pressure on the political leadership for changes in Sri Lanka. The EU is persistent in denying trade benefits to Sri Lanka on the basis of significant shortcomings in respect of three UN human rights conventions - the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC) and the Convention against Torture (CAT). Furthermore, the UN Secretary-General Ban Ki-moon has considered the appointment of a Commission of Experts to advise him further in taking measures to address possible violations of international human rights and humanitarian law in Sri Lanka.

The Permanent People’s Tribunal, which is investigating the allegations against the Sri Lankan government, is a highly revered Milan based panel and independent commission of judges, which has previously examined human right issues and war criminal issues in countries like the Philippines, Argentina, East Timor etc. The Tribunal has just recently disclosed their provisional findings – that the Sri Lankan government is guilty of war crimes and crimes against humanity. The Tribunal recommends further investigation by the UN, and requires the Sri Lankan government to release the estimated 11,000 people from concentration camps. Furthermore, the Tribunal urges the government to end extra-judicial killings and to fully implement human rights for all citizens of Sri Lanka.

Further reading:

Sarath Fonsekas manifesto


Mahinda Rajapaksas manifesto


People’s Tribunals provisional findings

Written by Dijana O. Aagaard-Poulsen