Security Forces embody professionalism, commitment
In the recent past, U.S. lawmakers and the NGO community have
expressed concern about alleged human rights violations by Sri Lanka’s
Security Forces and the police.
Ambassador Bernard Goonetilleke says that, contrary to general belief
that no action is being taken in the face of alleged violations leading
to accusations of impunity, the embassy has made available to U.S.
lawmakers and human rights groups, details of arrests, indictments and
convictions of errant services personnel made over the past several
years.
What
is also not adequately appreciated is the fact that converting Sri
Lanka’s ceremonial Armed Forces of post-colonial times into professional
security forces capable of meeting challenges posed by one of the
world’s deadliest terrorist groups, has been no mean feat. And Sri Lanka
can be proud to have made this transition.
Despite such achievement, there are individuals, local and
international human rights groups and countries that regularly express
concern about Sri Lanka’s armed forces for alleged violation civilian
human rights.
While safeguarding human rights of civilians is an essential task, it
can sometimes become a challenge for a country in constant battle with a
lethal terrorist group. In recent times, Sri Lankan armed forces have
been accused of impunity.
What appears to be overlooked is that human rights violations are
committed by individuals, and they are not a policy of a democratically
elected government. Neither has the government shirked its
responsibility in punishing wrongdoers when credible evidence was
available.
Over the years, the government has arrested, indicted and convicted
many errant services and police personnel, when clear evidence of crime
was available.
Recognising the need to address such allegations of human rights
violations, the Sri Lanka Army effected necessary institutional
measures, by creating the Directorate of Human Rights and Humanitarian
Law (DHR & HL) within the army, on November 16, 2001.
This Directorate is responsible for coordinating all human rights
activities for the army, from International Committee of the Red Cross (ICRC)
training classes to overseeing human rights cells assigned throughout
the military. These cells are tasked with monitoring conduct of
personnel and reporting any violations to Army Headquarters.
The mandate of the Directorate also includes advising the Army
Commander on all matters concerning international humanitarian law in
conflict situations, conducting training programmes for army personnel,
and coordinating with the ICRC in Colombo and the Human Rights
Commission (HRC) of Sri Lanka, to address human rights and humanitarian
concerns.
According to the army, all its personnel have a mandatory training to
complete before being assigned duties, and they pledge adherence to the
“Rules of International Humanitarian Law.”
The
U.S. State Department’s Sri Lanka Country Report on Human Rights
Practices - 2001 states, “The armed forces operate under written rules
of engagement that severely restrict the shelling, bombardment, or other
use of firepower against civilian-occupied areas such as villages.”
Over the years, the DRH & HL of the Sri Lanka Army, together with the
ICRC, has conducted extensive human rights programmes. At a seminar on
Human Rights and International Humanitarian Law for the army’s Battalion
Commanders, held in Colombo on December 4, 2007, Army Commander,
Lieutenant General Sarath Fonseka highlighted to the officers, “The Sri
Lanka Army being a professional Army is committed to respect human
rights and the fundamental freedoms of every citizen of Sri Lanka,
irrespective of ethnicity or religion, It is the responsibility of every
member of the Sri Lanka Army to guarantee the protection of each and
every law-abiding citizen of Sri Lanka and ensure that no violation of
fundamental rights takes place on this soil.”
Stressing the concept of accountability, he reminded them of their
“duty toward the state in upholding the government policy of achieving
lasting peace which could only be achieved by ensuring the protection of
human rights of every law abiding citizen of Sri Lanka.”
He added that the seminar would arm the officers with valuable
knowledge that would help soldiers to “carry out their duties lawfully
and in accordance with relevant domestic laws and laws acclaimed
internationally.”
The US Ambassador in Sri Lanka, Ambassador Robert O. Blake, who was
the chief guest at the seminar, said, “The United States, like Sri
Lanka, is engaged in a sustained struggle against terrorism. We
recognize that the people of Sri Lanka continue to face the threat of
terrorism from the Tamil Tigers.
The United States has been a steadfast supporter of Sri Lanka’s
efforts to stop the flow of arms and financing to the LTTE, by providing
law enforcement assistance, and by providing training and equipment to
help the Sri Lankan military defend itself.”
Nevertheless, he pointed out that, “Experience around the world has
shown it is virtually impossible to defeat a terrorist insurgency by
military means alone. Effective counter-terrorism requires sound
economic development policies to provide jobs and economic opportunity.
It requires a political strategy that embraces democracy, freedom of
speech, independent media and a marketplace of ideas.”
Ambassador Blake also said, “It requires respect for human dignity
and a rejection of an ideology of hate that targets innocent civilians,”
stressing the importance of having laws and institutions set up that
could investigate and respond to transgressions in battle behaviour of
soldiers.
“The successful empowerment of such institutions and the full
implementation of such laws are measures of a strong and well-regulated
military and a strong and healthy democracy,” he said.
The Ambassador added, “That’s why the United States and Sri Lanka
agreed earlier this year that it would be very useful to bring together
military justice experts from Sri Lanka and the United States to
exchange information, perspectives and best practices.
As a result, military law professionals from the U.S. Pacific
Command, in partnership with the American Embassy in Colombo, hosted a
Military Law Exchange Program with the Sri Lankan Ministry of Defense to
exchange ideas on ways to improve transparency, accountability and human
rights in military justice.
We are now planning follow-on activities to see how we can work
together to strengthen your military justice institutions and improve
accountability within the military.”
Meanwhile, in April 2007, Sri Lanka’s Ministry of Defence
re-circulated to the Commanders of the Army, Navy and Air Force, as well
as to the Inspector General of Police, directions on Protecting
Fundamental Rights of Persons Arrested and/or Detained issued by
President Mahinda Rajapaksa to the Heads of Armed Forces and the Police
on 07 July 2006.
This directive instructs Heads of the Armed Forces and IGP on
measures to be adopted to enable the HRC of Sri Lanka to exercise and
perform its powers, functions and duties and for the purpose of ensuring
that fundamental rights of persons arrested or detained are respected
and such persons are treated humanely.
Programmes are already on to provide in-depth training to officers
and other ranks, on these instructions and to augment processes to
ensure they are strictly adhered to.
During 2001-2005, the Sri Lanka Army has conducted over 2000 lectures
on international humanitarian law and human rights for more than 80% of
its personnel, in collaboration with ICRC and other international
partners.
Sri Lanka’s Security Forces, thus, are professional fighting forces,
armed with knowledge on handling their challenging tasks with utmost
consideration to safeguarding human rights.
Yet, as with other professional armies in the world, from time to
time, there can be aberrations of conduct from troops under pressure, in
the face of suicide bombings and other terrorist attacks by an
implacable enemy.
Such aberrations of conduct, however, are not condoned or tolerated
by the government of Sri Lanka, which takes action to bring the
offenders to justice when credible evidence is available, contrary to
the general perception.
Embassy of Sri Lanka, US |