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Peace Quest

Tolerance and forgiveness seen as essential in Lanka's forward march

by Frances Bulathsinghala

LTTE office in Vavuniya

To Chief Incumbent of the Kelaniya temple, Ven. Dr. Kollupitiye Mahinda Sangharakkitha, "forgiveness", is the word which would help erase both the memory of war and, prevent its recurrence. The question seemed simple enough. "Can Prabhakaran be forgiven for his past acts of terrorism, where hundreds have been killed and maimed?" Ven. Dr. Sangharakkitha's answer begins with an unhesitatingly blunt "Of course". "We have to forgive him and accept him as a citizen of this country".

The manner in which the answer is given throws into relief the difficulty others might have in accepting as a citizen a man who has been over the past nineteen years labelled as a megalomaniac and master of terror and whose peace conversion is in itself looked at with suspicion by some.

"Tolerance and forgiveness are the chief principles of Buddhism. It is through practising these aspects of Buddha's teaching that we will achieve peace, both for ourselves and the country", explains the Chief Incumbent adding that it is a fallacy to think that the Buddhist clergy opposed or had reservations about ending nineteen years of bloodshed.

School children in the Vanni

"It is merely the voice of a few groups who oppose almost anything. It should not be generalised to believe that the Buddhist clergy is against peace." The Archbishop of Colombo, Rt. Rev. Dr. Nicholas Marcus Fernando, in the Christian version of the same thoughts, echoes the Ven. Thera in his opinion of reconciliation. "The focus should be the talks and the future after the talks. Not the finger pointing past. This is clearly a last opportunity for a lasting peace. Those responsible should act with a sense of responsibility. The past should be forgotten. Any failures and shortcomings within the present cease-fire should not be looked upon as criteria to engage in reactions which will deprive the people of their only hope of stability in a country which has been waging a war for nineteen years", points out the Archbishop.

It is in this context that citizens of the North East, especially the Jaffna civilians, a majority of whom tend to have minds which cannot be coerced by any political influence, including influence of the LTTE, have begun to feel uneasy about the manner in which some LTTE members are reacting to the slightest ruffle in the North East.

According to Major General Trond Furuhovde, head of the Sri Lanka Monitoring Mission, the international team monitoring the ceasefire, the Government has assured the monitoring mission that impartiality would be assured in investigations of some incidents as well as precautions taken in the future to see that no such incidents recur.

The displaced awaiting transport to Vavuniya

Meanwhile Teitur Torkelsson, Media spokesperson of the monitoring mission, said that both the LTTE and the Government were behind schedule in certain aspects regarding the MOU and that this would be one of the points taken up for discussion when the mission headed by Major General Furuhovde meets the LTTE political Wing head Thamilchelvam in Vanni. "We are concerned by the hartals in the North East. We have also received a large number of complaints against the LTTE regarding extortion. These would be one of the main issues which would be raised by the head of the monitoring mission", Torkelsson said. The monitoring mission team will arrive in Colombo tomorrow and consequently meet Government officials to brief them about the meeting with the LTTE hierarchy.

Meanwhile, opposition has been raised against some LTTE members showing videos of former attacks including the Elephant pass, Mullaitivu and the Bandaranaike International airport attack last year. Students in the North East region, point out that the most recent such demonstration was held last Wednesday at the Jaffna Hindu College and the one prior to that, last week at the Jaffna Vembady Girls' High School. Residents of the Jaffna region who are not opposed to LTTE continuing in schools their political work, embarked upon three months ago with formal permission from the Government, point out that such political activities should be in line with the peace process.

"We do not have anything against the LTTE recruiting youths if it is done after instilling the message of peace. If the recruitment is for carrying out administration and political work it should fit the present peace process and suit a permanent peace milieu of the future", opined a human rights activist of Jaffna. Reports soon after the LTTE established their political offices in the North-East region indicated that parents were not averse to sending their children to join the LTTE's political work as they felt that their children would have a secure political career with the prospects of the Interim Administration to be handed over to the LTTE looming ahead.

"We have traded every sentiment for the hope of peace. This is the only luxury requested by us", Dr. Jekularaja, the head of the Sri Lanka Red cross Branch in Mullaitivu once told the writer in an interview. It is clearly this thinking that the LTTE should keep in mind if they are to truly act as liberators of the Tamils.

Liberal democracy and the rights of minorities

Excerpted from the Declaration on Minority Rights which was adopted by the Second Minorities' Conference of the Friedrich Naumann Foundation, held in Berlin from Sept 13 to 16, 2000.

In defining what these rights should be, this Declaration takes as its starting point the reality as we find it on the eve of the third millennium. World society is organised in states, the large majority of which conceive of themselves as nation states, which form the basic units and prime actors in the international system. They are, for all practical purposes, the main source of all laws and regulations that govern the relationship between majorities and minorities within their borders, and of those international covenants that have been, and hopefully will yet be, concluded for the worldwide implementation of minority rights.

It is a common tendency of modern states to assume a "national" identity, culture, etc., and hence a "need" for unitary "national" institutions and solutions. Far too often this tendency leads to a disregard for, or underestimation of, the multiethnic, multicultural, or multireligious diversities that exist within the boundaries of a nation state. Thus, nation states tend to be "nationalising" states, assuming uniformity where it does not exist, and far too often misuse the coercive power of state machinery and legislation to impose such uniformity.

Liberal democracy in contrast emphasises the rights and liberties of the individual citizen. It is because these include the right freely to associate with others that they have a group-related dimension as well. Belonging to a community based on common cultural, linguistic or religious heritage is an important factor of identity for most people, and where they freely and voluntarily associate on this basis, no government and no state legislation - and no majority, however large - may deny the right of such groups to be different within the limits of internationally accepted human rights.

It is obvious that the need to protect such rights corresponds directly with the degree to which governments interfere with civil society. It is where government interferes with the social and cultural life of minorities that most assaults on such minorities take place. The principle of subsidiarity, which stipulates that decisions should always be made at the most local level that is practically feasible, and preferably at the level of civil society, will always provide reliable guidance to safeguarding the legitimate interests of minorities and majorities alike.

The classical liberal concept of limited and strictly subsidiary government can in itself be seen as a far-from-negligible element of minority protection. While enforcing human rights and the rule of law by itself will go a long way to protect minorities, it must be realized that modern states are thoroughly interventionist, with a high density of regulation, and thus tilted towards uniformity. As long as this situation persists, specific measures to safeguard minority rights are called for, including positive measures to progressively realise minority rights where entrenched inequities exist.

Whenever such specific measures are discussed, it must be clearly understood that their function will always be a subsidiary one to the very basics of every free society: the rule of law and human rights. Unless these are firmly and reliably established, every attempt at safeguarding minority rights will be futile.

For many minorities around the world, the most urgent problem concerns the denial of their basic human rights, including genocide ethnic cleansing economic discrimination, and religious persecution amongst others. These basic human rights are already the subject of numerous international conventions, treaties and laws, and we urge that these be better enforced.

The provisions that are needed in addition to the basic requirements of classical human rights and the rule of law are the subject of the present Declaration. In defining what these provisions ought to be we start from two sets of premises:

In the sphere of values, we hold individual liberty supreme. Minority rights must always contribute to safeguarding individual liberty for the members of minorities and majority alike. To the extent that this requires rights and provisions related to groups rather than individuals, it must always be understood that such group rights, while emphasising the distinct identity of groups, ultimately serve the rights of their individual members, but must in no case infringe them. Thus, minority group rights may never put individual rights at the disposal of the group, whatever the traditions of a particular community may be. Group rights may never be used as a disguised form of discrimination.

In particular, we emphasize the importance of protecting and promoting gender equality. On the one hand, when minority rights have been denied, women members of the group have often been the most severely disadvantaged. On the other hand, when minority rights are respected, they-must not be exercised in ways that undermine women's equality.

In the sphere of facts we accept that different situations and conditions in which minorities find themselves call for different solutions. Therefore, this Declaration deals with minority rights under three different headings, not all of which are traditionally included in the notion of minorities:

First, ethnocultural minorities These often consist in immigrants and refugees and their descendants who are living, on a more than merely transitional basis, in another country than that of their origin. This category also includes internally-displaced persons. In most of the current discussions on minority problems, these groups are not included, i.e. they are not generally accepted as minorities in the classical sense. While this Declaration does not intend to engage in any disputes on legal or political definitions, we simply take note of the undeniable fact that we live in an age of large-scale migration, and that the problems arising from fact this fact calls for solution.

While immigrants and refugees certainly cannot lay claim to all the rights that "classical" minorities or indigenous peoples are entitled to, they do have rights, too, and it is one of the purposes of this Declaration to spell out what these rights should be. This category also includes groups which are different from the majority in certain characteristics such as race or religion which quite often have their historical roots in migrations of the past.

Second, national minorities, i.e. historically settled communities which have a distinct language and/or culture or religion of their own. Very often, they became minorities as a result of a re-drawing of international borders and their settlement area changing from the sovereignty of one country to another; or they are ethnic groups which, for a variety of reasons, did not achieve statehood of their own and instead from part of a larger country or several countries. Obviously, this is the "classical" minority situation with which most of the existing national and international instruments of minority protection deal.

Third, indigenous peoples. To them, all the characteristics of national minorities apply, but their additional and distinguishing characteristic consists in their having been settled in the land prior to the majority, and having become a minority by conquest and/or colonisation. Being the "first nations" of their countries and having much older claims to the land than those who superseded and usually subjugated them, they are entitled to specific rights taking account of these facts.

While we find it useful to structure this Declaration according to these three basic categories of minorities, we are aware that reality is more varied and complex than any 'compartmentalisation' can reflect.

It must be borne in mind, therefore, that actual minority situations will not always fit neatly into one of these categories and that each case must be judged and solved taking into account its own specific conditions. Irrespective of all differentiation, however, there are rights, duties and rules which apply to all or several kinds of minority situations; with these we deal first.

'Jeeva Jothy', home for war orphans

by Christie Fernando, Chilaw special correspondent

The displaced, orphaned children of Jeeva Jothy Home beaming with smiles, on their way to school.

'Jeeva Jothy' is home to eighty displaced orphans - the uncompromising and infelicitous legacy of the past ethnic conflict - now relegated to their trail-blazing, unique and innovative 'domicile' - and, thank heaven - they are being compassionately looked after by dedicated and devoted 'fathers' and 'mothers', who reside there to shower them with love and all the earthly care and attention.

It is located just a stone's throw away from the General hospital, in Batticaloa. The dislodged children including ten toddlers, who attend pre-school, belong to different castes and religious persuasions. They live in a 'homely' milieu and environment, where Tamils, Muslims, and children born to Sinhala parents, live in perfect harmony and unanimity.

I spent two days with the jettisoned, forsaken children - who crowded round me for affection and solicitude. I visited this reclusive and cloistered 'haven' in Batticaloa recently - it is built with a spacious and expansive garden around - with shady trees and a refreshing breeze wafting in the crisp and cool air - which is especially set apart for games and recreation for the children - who are big and small. They also have a large study hall, equipped with chairs and desks, and two dormitories, in addition to provision of wholesome and hygienic bathroom facilities.

'Jeeva Jothy' was founded in 1992 - at the peak period of war and violence, in the Batticaloa district. The ever mounting toll of distressed orphans due to the escalating war, was the root cause of founding 'Jeeva Jothy' which, has a vision and mission for engendering "Happy Children" nurtured with the support of generous funds granted continuously from 1994 by the "Terre des Hommes" ("Earth for Mankind") Organisation of The Netherlands. In fact, I had the pleasure of visiting this centre with the South Asia Director (for Bangladesh, India and Sri Lanka), Lei Brouns, "Terre des Hommes", The Netherlands, and Anuradha Wickramasinghe, Director, Small Fishers Federation, Chilaw.

K. Illankovan, the director, 'Jeeva Jothy' said the institution is a non-religious and non-political NGO, functioning at national level, fostering unity and brotherhood."They are provided with maximum facilities to practise their own faiths. All the children attend school. They are taught music, dancing and art, in addition to coaching up in other school subjects. They love sports and games, and have won several prizes at school and district level competitions", Illankovan explained.

He said: "Jeeva Jothy" promoted non violence and peace. The children from the east have participated in many cultural programmes in the south, in an endeavour to re-establish and cement 'lost ties' hitherto forfeited, and hearken to the clarion call of peace and solidarity in the years to come.

"An elderly couple employed there, play the role of "Father and Mother" to shower all the love and affection for the deprived children, traumatised by the war. The kids gradually learned to forget what they visibly saw and experienced in their lives during the war, when their mothers, fathers and loved ones were killed.

The little orphans, who had emotionally endured stress and psychological trauma, are being gradually assisted to live normal lives through healing of their disturbed minds, with the love and care lavishly bestowed upon them.

"Jeeva Jothy Home" respected the human rights of the children - and their involvement in awareness and promotion campaigns was significant - culminating in a land mark when an orphan from Jeeva Jothy Home represented the Batticaloa district for the Children's Parliament held in 2001 at the BMICH, Colombo, where representatives of children all over Sri Lanka were gathered - and they had also prepared a memorandum for submission to the UN Special Session of Child Rights", Mr. Illankovan said.

Mr. Illankovan added that with the support of the "Terre des Hommes", the Netherlands, the well-wishers and the general public - and above all, with the blessings of the Almighty, Jeeva Jothy was plodding on vigorously. Jeeva Jothy has been a beacon light to distressed children in the east to dispel their darkness and gloom in order to re-build courageously 'a second generation' for this Island.

'Lack of transparency in NGO activities' claim

There was a lack of transparency in the activities of non-governmental organisations (NGOs) working in the north and east, with some aid workers putting their personal betterment ahead of the interests of the people they ought to be assisting, speakers told a two-day workshop on the Poverty Alleviation Programme organised by the United Nations Development Programme (UNDP) and the Ministry assisting Vanni Rehabilitation and sponsored by the Northeast Provincial Planning Secretariat in Trincomalee Sunday.

The workshop concluded with a play enacted by a group of artistes who specially came to Trincomalee from the Vanni region.

The assistant resident representative of the United Nations Development Programme (UNDP) Dr. Nandana Gunawardene, UNDP expatriate representative in Trincomalee, G. Krishnamoorthy, Chief Secretary of the North East Provincial Council, Mullaitivu Government Agent V. Suntharam and several representatives of local and foreign non-governmental organizations witnessed the play.

S. Rangarajah, the Secretary to the North East Governor conducted the second day workshop as moderator. S. Suntharalingam, head of the Anpu Illan orphanage in Trincomalee speaking on 'The orphaned children and poverty' criticised the activities of the local and foreign NGOs in the country.

"The foreign NGOs think in terms of their countries when planning out relief programme in Sri Lanka for affected people. The local NGOs do not take into consideration the suffering of the war-affected people in remote areas. Retired government officials join local NGOs to spend the twilight of life with comfort and good salary. Some retired officials use the NGOs as a stepping stone for greener pastures abroad", said Mr. Suntharalingam.

S. Jeyamurugan of Trincomalee Gandhi Seva Sangam said that people in Eachilampathu village in Mutur east are unable to sell their produce at a good price. The middlemen buy the produce from these villagers at a very low price. The poverty alleviation programme of the NGOs does not work in Eachilampathu as no marketing facilities have been provided to farmers to sell their produce.

The moderator of the workshop, Mr. Rangarajah, said there was less transparency in the NGO activities in the northeast province. V. Suntharam, Government Agent Mullaitivu district said "only A9 main road has been developed. But other roads in the Vanni region are in a state of repair causing immense hardship to the people in the sphere of transport".

The group of artistes whose performance concluded the event comprised an administrative officer and a female typist of Mullaitivu district secretariat, teachers, displaced public servants and unemployed graduates. (TamilNet)

Trinco Rotary President spotlights Mutur-east villagers' plight

"Our services should reach the masses suffering in the remote villages in the Mutur-east for want of enough food for their survival", Ramalingam Thirukumaranathan, Attorney-at-Law made this observation when delivering his presidential address after being installed as the 24th President of the Trincomalee Rotary Club Monday evening.

The induction ceremony was held at the Trincomalee Rotary House with District Rotary Governor N. Pathmanathan who is the Deputy Secretary to the Treasury, Sri Lanka as the chief guest. Ms Myrna P. Atienza, President of the Katugastota Rotary Club was the guest of honour. Mr. Thirukumaranathan said, "Reports have come that people in about thirty villages in the Mutur-east suffer malnutrition as they have not been provided with nutritional food. Those villagers feed themselves with yams and other green leaves found in their area for their survival. - (TamilNet)

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