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Peace Quest

Making space for children in the peace process

by Bhavani Fonseka, Law and Society Trust

Child combatant from noth - East

The first round of peace talks between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) were concluded in Thailand recently. The peace process started with a Norwegian brokered truce in February at which time the parties agreed on the Memorandum of Understanding (MoU), and ending a war that has spanned nearly two decades. The talks have been considered successful.

The LTTE's willingness to accept regional autonomy and a self governing unit within a united Sri Lanka and the government's acknowledgement of the LTTE as a partner in the administration and economic development of the North and East have been welcome by most analysts. However, there continues a silence on human rights.

A significant trend in armed conflicts is the growing use of child soldiers. Children as young as eight years of age are being recruited, coerced and induced to become combatants. Children are recruited in many ways. Some are conscripted, others are press ganged or kidnapped and others are forced to join to defend their families. In many instances children are arbitrarily seized from the streets, schools and their own homes. And some children become combatants by choice. This article concentrates on child recruitment and is a collation of recent reports relating to recruitment of children and examines the existing mechanism for protection of children's rights during the peace talks.

Child recruitment

In the past there have been reports of LTTE recruiting youth in ways similar to that mentioned above since the early 1990s. Amnesty International, Human Rights Watch, Coalition to Stop the Use of Child Soldiers and the University Teachers for Human Rights (Jaffna) have issued several reports on child recruitment drives. In May 1998 the United Nations' Secretary General's Special Representative on Children and Armed Conflict, Dr. Olara Otunnu, visited Sri Lanka.

He met with the LTTE leadership who reportedly undertook not to use children under the age of 18 in combat and would not recruit anyone under 17. No commitment was made to release children already recruited. Both Amnesty International and Human Rights Watch have reported on subsequent drives by the LTTE to recruit children. In November 2001 Mr. Otunnu appealed to the LTTE to fulfill the commitments made to him earlier that year.

The LTTE has continued its recruitment drive even after the MoU. According to reports by Human Rights Watch in July 2002, schools remain a popular place for recruitment. Three boys, L.,S. and M, who were all aged 14 years, were recruited from Trincomalee. Also in April a 16 year old boy, Y. and two girls, J.K., aged 14, and N.L., aged 13, were taken from the Alles Garden Camp, which was set up by the United Nations High Commissioner for Refugees, in Trincomalee.

In the most recent report by University Teachers for Human Rights (Jaffna) there are new reports of child recruitment and extortion. In the last few weeks, 85 former child soldiers were released by the LTTE into the care of their families. UNICEF has stated that it will be working with the LTTE To establish procedures for further monitoring and prevention of child recruitment and the gradual release of underage recruits. Although the release was welcome there were reports of further recruitment on September 17 in the Daily Mirror. It was stated that the SLMM had received complaints of abduction during the week of 9-15 September in Kinniya, Batticaloa District.

Children's rights

Though the MoU does not have specific human rights obligations it contains prohibitions against harming civilians. Article 2.1 specifically requires the Parties to act "in accordance with international law, abstain from hostile acts against the civilian population, including such as acts as torture, intimidation, abduction, extortion and harassment." Further, Article 2.3 requires that schools occupied by forces and rebels should be vacated and returned for their intended use. In addition, Article 1.2 (a) contains an undertaking that neither party will be involved in abductions, destruction of civilian and military property among other things.

The MoU also sets up the Sri Lanka Monitoring Mission (SLMM) which is entrusted with the task of monitoring the implementation of the MoU. Article 3.10 allows the SLMM freedom of movement to carry out their tasks and the SLMM will have access to areas where violations of the MoU have taken place. The SLMM also has powers under Article 3.11 to take immediate action of any complaints made by either party to the MoU and therefore any reports of conscription, extortion and recruitment of children should be fully investigated and steps taken.

Thus, the MoU could form the basis for the protection of the rights of children recognised under International Law. The much ratified Convention on the Rights of the Child contains specific prohibitions on the recruitment of children under fifteen into armed forces. The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict of 1999 prohibits both states and armed groups from recruiting children under eighteen into the forces or to be used in hostilities.

The ILO's Convention No. 182 concerning the Prohibition and immediate action for the Elimination of the Worst Forms of Child Labour of 1999 (the fastest ratified ILO Convention to date) also prohibits the recruitment of children under eighteen for use in armed conflict.

These, together with the principles of customary international law relating to children's rights during conflict as best articulated by the Additional Protocols to the Geneva Conventions and the Rome Statue of the International Criminal Court (both prohibit the use of children under fifteen in armed conflict), form the basis for the immediate end to recruitment of children during the pendency of the MoU.

Further, the MoU has also begun the process towards de-militarising the surroundings, that way making it easier for former combatants to be reintegrated with their communities in the event that they wish to. Additionally, the SLMM's powers as recognised under the MoU may be used to examine rebel training camps to ensure that there are no children being trained as child soldiers.

Despite this, reports of child recruitment continue and the SLMM seemingly has few options in redressing the situation except to notify the Sri Lankan Government, the LTTE and the Norwegian Government. It does not have any enforcement powers.

Rights

It is a duty of the Government to protect children and youth. Where a government cannot actually prevent it, it has a duty to raise it and pursue it in an appropriate manner. In these circumstances, it falls to the other actors concerned in the peace process to safeguard children's rights. A major responsibility falls on Norway that has been called upon to play a facilitating role. Both the Government and the LTTE should be encouraged to honour human rights. Protection of human rights should be a priority in the peace process and not be considered trivial.

This is also the time for the office of the Special Representative for Children and Armed Conflict to play a crucial role in this regard. International Organizations such as Oxfam, Save the Children's Fund, CARE, ICRC, UNICEF, and other local NOGs should campaign for concrete measures to demand for protection of children's rights.

To strengthen the commitments already made in the MoU, there is a need for mechanisms in place to monitor not only violations of the truce between the State and the LTTE, but also use of terror and violations against the civilians by both sides.

While the SLMM should take this opportunity to push forward for the protection of human rights we need to create a separate monitoring body created solely for the protection of children's rights.

This could have parallel powers to the SLMM but with a mandate exclusively looking at children.

There have been several mechanisms that have been suggested including an additional agreement on human rights including child rights with its own monitoring mechanisms or the introduction of an ombudsman for children's rights.

This would ensure greater legitimacy and acceptance to the peace process and the parties involved. Further, this would provide the framework for a space in which children and their communities can leave war behind and rebuild their lives.

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A plea for harmony in the East

Members of the Muslim community

The Kandyan king settled internally displaced Muslims of the western coast in the East. These Muslim settlers acted as a security barrier for the eastern part of the Kandyan kingdom. These Muslims also were the exporters and importers of the king of Kandy, operating from the ports of the East coast.

It was from the boat harbour of Sammanthurai that the Dutchman Spilbergen was taken to meet the Kandyan king. Hence it would be seen that the Muslim community at all times were Sri Lankan in all senses of the word and always acted as brothers to both communities (It may be because of this that the Sinhala community refers to the Muslims as Thambis and the Tamil community refers to the as Kakkaas, both words mean brothers).

These Muslims mingled with the indigenous population as partners in progress and even monopolized areas shunned by the other two communities. They mostly did internal and external transport. They even acted as emissaries to the Sri Lankan kings in times of political turmoil and foreign intervention. This is why the Muslim population is scattered all over the island.

In the light of this, we hope and pray that the LTTE remembers the help, assistance given by the Muslim community to the Hindu community in the East towards peaceful living. This period must be remembered right now when the peacetalks have begun.

It is pertinent to mention at this juncture the resignation of a Muslim District Minister in protest against the illegal encroachments into East. From the time of parliamentary elections, every MP elected to Parliament to represent Eastern electorates, whether a Muslim or a Hindu, never acted in a communal manner. The father of the present MP for Digamadulla, Mr. Nehru, the late Mr. Ariyanayagam, a prominent militant member of the Federal Party resigned from the party to support a Muslim independent candidate for the Pottuvil electorate in the mid sixties - such was the unity of the two communities in the East. It is therefore, no wonder that there were no notable ethnic clashes among the Tamils and the Muslims of the East.

In the Sixties satyagraha was performed as a protest against the imposition of the Sinhala language as the State language and the "Shri" campaign in front of the Kachcheri of Batticaloa. All Muslim MPs of the area were prominent participants of the satyagraha campaign. There were Muslim parliamentarians under house arrest, along with other Federal Party members, subsequent to the Satyagraha campaign.

It is indeed heartening to hear the views of the LTTE representative Dr. Anton Balasingham at the recently held press conference.

We hope and pray the younger generation of Tamils who will take the mantle of power, remember the past good deeds of other communities.

All communities living in the blessed isle of Sri Lanka want to be partners in progress. None want to be under anyone. The Hindu religion, the Buddhists, Islam and the Christian doctrine, never preached this. May the Almighty God make Peace become a reality in this blessed isle?

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Civic role in sustaining rapid progress at Thailand talks

The outcome of the first round of peace talks between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam has been more successful than anticipated. There was a meeting of minds of the parties that went beyond setting up dates and the agenda for future talks, the National Peace Council says in a press release.

At the conclusion of the talks the LTTE made a clear statement of its willingness to accept regional autonomy and a self governing unit within a united Sri Lanka. In turn the government acknowledged the LTTE as a partner in the administration and economic development of the North and East. The National Peace Council congratulates the two parties and the Norwegian facilitators at the rapid progress made at the first round of peace talks in Thailand, the release explains. It went to say that:

Among important matters on which agreement was reached was the setting up of a joint committee to deal with the problem of high security zones and the resettlement of displaced people.

Another important matter on which the two parties came up with a creative agreement was to set up the mechanism of a joint task force by which official government funds and international aid flows to the north and east could be jointly decided with the LTTE. This is an example of a consensual and win-win approach to conflict resolution. However, we note that the issue of a human rights framework found no mention in the communique issued at end of the first round of talks. Incidents of human rights violations have been constantly occurring in the North and East even after the signing of the ceasefire agreement.

These incidents cannot be trivialised either for the victims or for the larger society as they can have a negative impact on the legitimacy of the entire peace process. Therefore the National Peace Council calls for an expanded monitoring mechanism that could prevent such incidents and provide easier access for the victims to obtain redress.

As a civic organisation we cannot underestimate the importance of human rights standards being guaranteed from the beginning of the peace process. This would increase the likelihood that the people are able to enjoy the fruits of peace in their full measure in the future. We believe that by agreeing to a human rights framework and monitoring mechanism the peace process and the parties involved in it will gain greater legitimacy and acceptance in the eyes of the people.

It is also unfortunate that there was no mention of a role for civil society in the statements of the parties at the Thailand talks.

The achievement and sustenance of peace cannot be accomplished by the conflicting parties only, with the general public remaining as passive observers. The peace education campaigns carried out by civic groups over the past two decades laid the groundwork for peace when successive government and LTTE were at war with each other.

The peace process needs to be founded on social acceptance as much as on political will. The government and LTTE need to recognise that a greater involvement of civil society would provide a broader foundation on which the peace process can be built.

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Opinion forum : 'They will dishonour themselves'

The ban on the LTTE was lifted as a prelude to the peace process. There have been mixed reactions to this issue locally. But generally speaking, the world community has welcomed this step. The support extended especially by the leading nations of the world like the UK, USA, Japan, India etc has been tremendous.

Whatever may be the action - it may be right or it may be wrong - but Premier Ranil Wickremesinghe has done this with a good intention for the good of the country. The end justifies the means. Ranil has approached the problem so cautiously - so meticulously - he has exercised extreme caution tackling the preliminaries step by step, with a certain degree of astute diplomacy.

He has visited certain countries and apprised them of the peace process, and earned their goodwill and support, and he is sure that these nations would definitely support us at any cost and in any eventuality. He has felt the pulse of the outside nations. He is sure that those nations will stand by him.

In the light of these circumstances - what will be the image of the people (who oppose this move) in the eyes of the world community? The world community is in favour of this move - after all this step has been taken by Ranil with a good heart for the good of the country.

PA say that they were the people who initiated the talks, and now they say they want to block it. What has been achieved by the PA's "war for peace" strategy - damage, destruction and nothing but degeneration of the economy. What would be the image of the people (who oppose) in the eyes of the world? They will demean themselves, degrade themselves in the eyes of the world.

They will have a tarnished image.

- S. S. Saba Subramaniam, Wellawatte

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"... Tomorrow's lamp will burn bright"

A government was sent out when they failed to give us 'light' - Another was elected, we said, to 'put things right'. - Yet we are afraid that we'd be plunged again in 'War' - with plunder and torture, a break down of the Law. Can't you see that this won't happen if we citizens speak out strong - against any misdemeanour, against any wrong? Why need we worry? See, things have got out of hand - all because we've been 'silent', said, "There are 'others', 'they can, solve the country's problems, Whatever can 'We do? 'For I, I'm just an unimportant 'me' and you? Well ... you've just you.

But you see 'they' have not yet solved the problems. Of this land - for without encouragement without that 'helping hand' - no government can hope to succeed, no rebel to repent. - They all need that '2nd chance', they need some encouragement. It is easy to find fault, to 'forgive' needs humility. So let's put aside our pride, for the sake of peace and unity. Let those senseless deaths be not in vain, let's strive to fight the fight, for Truth - so that "at least tomorrow's lamp will burn bright."

- James Trowell

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Man

Today's people are full of confusion....
They've got no time on their hands
When they've been given a day
with 24 hours....
They've got no feelings or emotions
Although they've got a heart....
They don't want to think twice about anything
Although they've got a brain....
They don't want to walk that extra mile
Although their feet are still strong....
They don't want to help anyone,
Although they've got two hands....
They don't want to listen to anyone
Although they've got two ears....
They don't want to speak up for someone
Although they've got a mouth....
They don't want to spend money
When they've got more than enough ....
They don't want to accept advice
Although they know it's right....
They don't want to stay united
Although they would surely fall....
They don't want to change their mind
Although they know they have failed....
They don't want to look to the positive
Although the negative will only get
them down....!

- Sheremy Dearne de Hoedt, Grade - 13 COM A, Methodist College, Colombo 3.

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