|
Sri Lankan Permanent Representative to the United
Nations Ambassador Prasad Kariyawasam called for
specific punitive measures against the LTTE at the
special session of the Working Group of the
Security Council on Children and Armed Conflict,
held in New York on February 21.
It also called upon the Working Group to call upon
the LTTE to forthwith,(a) release all child
combatants within the ranks of the LTTE,(b)
discharge combatants recruited to the LTTE when they
were children and (c) terminate compulsory combat
and weapons training being provided to school
children.
Among the punitive measures Sri Lanka wants the UN
to adopt are:
(a) freezing of funds and other financial assets or
economic resources of LTTE leaders and cadres
including funds derived from property owned or
controlled directly or indirectly, by them or by
persons acting on their behalf or at their
discretion;
(b) a ban on the provision of funds, financial
assets and economic resources, and a ban on
provision of financial or other related services,
directly or indirectly, for the benefit of members
of the LTTE or its front organizations;
(c) imposing travel restrictions on LTTE leaders,
cadres and persons acting on their behalf, to
prevent their entry into or transit through the
territories of member States;
(d)denial of access to foreign chanceries to LTTE
leaders, cadres and persons acting on their behalf;
(e)prevention of direct or indirect supply, sale or
transfer of arms and related material to the LTTE
including weapons and ammunition, technical advice,
assistance or training related to armed activities
or recruitment for such activities;
(f) prohibition of any trade, commercial and
financial transactions with the LTTE and its
representatives.
Full text of the statement made by Ambassador
Kariyawasam:
"First, I would like to convey our appreciation to
you, Mr. Chairman, for the leadership you and your
country have been providing to the issue of children
and armed conflict. I thank other members of the
Working Group for working diligently for the shared
objective of bringing an end to the detestable
practice of recruitment and use of children by armed
groups. Ms. Radhika Coomaraswamy, Special
Representative of the Secretary-General and her
staff also deserve credit for the manner in which
they work effectively with member States concerned,
with the aim of better implementing Resolution 1612.
"The meeting today is an occasion to review the
implementation of the Conclusions and
Recommendations adopted by the Working Group on 10
May 2007, as well as Security Council Resolution
1612. We have before us the report of the
Secretary-General on Children and Armed Conflict in
Sri Lanka (S/2007/758) and the annual report of the
Secretary General (A/62/609–S/2007/757). The latter
has listed the two non-state actors in Sri Lanka,
the LTTE and the Karuna Faction in its Annex II. The
listing of the LTTE has been repeated since 2003 as
a persistent and repeat violator.
"Since independence 60 years ago, all successive
governments in Sri Lanka have been committed towards
creating a protective environment for children to
live in dignity and to enjoy their rights with care
and support of their families. The blueprint for
peace and development in Sri Lanka initiated by the
government of His Excellency President Mahinda
Rajapaksa also demonstrates this commitment by
advancing child-centered social development
programmes, further augmenting free healthcare, and
free education that has been the hallmark of Sri
Lanka 's child welfare policies for long years.
However, the benefits of such child-oriented social
programmes are negated when children are used in
armed conflict by non-state actors and are made to
suffer other forms of abuse. The Government's
unequivocal condemnation of recruitment and use of
children for violent purposes as the most serious
violation of human rights of children is grounded in
this deep rooted concern and is therefore the basis
of our call for international measures against
persistent perpetrators of such crimes.
Let me therefore, in this context, once again
reiterate Sri Lanka 's commitment to zero-tolerance
on recruitment and use of children in armed
conflict, by whomsoever.
"The report of the Secretary-General on Sri Lanka
(S/2007/758) raises concerns on: the status of
investigation by the Committee of Inquiry into
Allegations of Abduction and Recruitment; prevention
of other grave violations and abuses against
children in armed conflict; provision of protective
accommodation and rehabilitation of child combatants
who surrendered to Sri Lanka Security Forces or are
otherwise separated from armed groups; and
protection of complainants, witnesses and victims.
Pursuant to the Conclusions and Recommendations
adopted by the Working Group on 10 May 2007, both
this report and Secretary-General's annual report
single out the terrorist group LTTE as the
persistent and recalcitrant violator in Sri Lanka,
calling unequivocally for the adoption of targeted
punitive measures against this group.
"To facilitate the Working Group to make considered
recommendations on the situation of children and
armed conflict in Sri Lanka , my delegation wishes
to share our views as a constructive contribution to
this process. An Aide Memoire will be forwarded to
the members of the Working Group, responding
comprehensively to all issues referred to in the
Secretary-General's Report on Children and Armed
Conflict in Sri Lanka (S/2007/758) including
specific allegations in relation to Government
functionaries, and remedial preventive and punitive
action being taken.
As a manifestation of the importance which the
Government of Sri Lanka attaches to this issue, I am
assisted at this meeting by a high-level delegation
from Sri Lanka comprising of senior officials who
are directly involved in addressing this issue on
the ground. Here with me today are Hon. C.R. de
Silva, the Attorney-General of Sri Lanka, Mr Suhadha
Gamlath, Secretary Justice, and Mr Yasantha Kodagoda,
Deputy Solicitor-General.
"Let me now address some concerns that relate to the
Government of Sri Lanka.
With regard to grave abuses and violations during
the reporting period attributed to all parties
including elements of the Security Forces, in the
report, we would like to clarify that these
incidents are already under investigation by law
enforcement and other relevant authorities, and
action will be taken against any person found to
have been responsible. The government will not
condone any violations or abuses committed by
anyone. It is important in this regard, to emphasize
that Sri Lankan Security Forces have not targeted
civilians and will not attack civilians or civilian
institutions deliberately at any time. Furthermore,
Sri Lankan Security Forces have always taken steps
to protect civilians and civilian institutions in
the course of operations against terrorists and
terrorist infrastructure. This was clearly
demonstrated in the recent military operations
carried out in Vaharai and Thoppigala.
"Following the commitment made to the UN Security
Council Working Group on Children and Armed Conflict
in February 2007, and pursuant to its recommendation
that the government investigates allegations
concerning complicity of certain elements of the Sri
Lanka Security Forces in the abetment to abduct and
recruit children by the Karuna faction of the LTTE,
a decision was taken by the Inter-Ministerial
Committee on Human Rights (IMCHR) to establish a
committee to inquire into these allegations.
Accordingly a high-level inter-ministerial Committee
to inquire into allegations of abduction and
recruitment of children for use in armed conflict
was appointed under the chairmanship of Secretary
Justice in August 2007.
"This Committee has been tasked, among other
matters, with initiating inquiries into, and
monitoring of investigations into allegations made
in connection with the abduction and recruitment of
children by the LTTE and the Karuna Faction, and
allegations against certain elements of the Security
Forces. It has also been mandated to monitor and
make recommendations to ensure that children who are
released have access to adequate facilities for
rehabilitation and reintegration into society. The
committee has held regular meetings in the discharge
of its mandate.
"The Committee, having carefully considered all
relevant material with regard to the abduction and
recruitment of children by armed groups and its
observations during field visits, found that:
(a) the situation with regard to child abductions
has improved in a tangible manner after eviction of
the LTTE from the Eastern Province ; and
(b) there were no complaints recorded by law
enforcement authorities in 2008 relating to
abduction or recruitment of children by any armed
group in the Eastern Province .
"The Committee also observed the preventive measures
taken by law enforcement agencies to preclude access
by armed groups to schools for the purpose of
recruiting children.
"The Committee had identified steps that should be
taken to advance the welfare of children, prevention
of their involvement in armed conflict and
rehabilitation, and vocational education that would
make them productive members of society. As part of
its mandate, the Committee is creating awareness
that Sri Lanka 's criminal law makes recruitment and
deployment of children in armed conflict an offence
punishable by 30 years of imprisonment. In addition,
the Committee intends to support the functioning of
the three-tier state-cum-civil society monitoring
mechanisms established for the protection of the
rights of children and in particular those affected
by armed conflict.
The work of this Committee manifests the
Government's determination to address the issue
comprehensively.
"The Committee will continue with follow-up visits
in the near future to cause further examination of
alleged incidents of abduction and recruitment of
children by armed groups. Following the completion
of the Committee's work, the Government will share
with the Working Group, the Committee's findings and
action taken thereon by the
authorities.
"Both the annual report of the Secretary-General and
his report on Sri Lanka (S/2007/758) refer to the
need for the government to take measures regarding
rehabilitation and reintegration of children who
have surrendered to the Security Forces or who have
otherwise separated from armed groups. The reports
emphasize that action is still required by the
Government to address the situation of children who
sought special protection and surrendered to the
Government Forces and who are currently being housed
in state maintained rehabilitation facilities.
"Let me inform the members of the Working Group in
this regard that authorities have already commenced
rehabilitation and re-integration process of
children separated from armed groups. These include
holistic approach of providing formal education and
vocational training and psycho-social support. It is
important to note that these children are being
treated as victims and not as suspects in detention
for their involvement in criminal or terrorist
activities.
"The Government takes all possible measures to
provide a secure environment and attend to
rehabilitation of children with the aim of
reintegrating children into society. The
Commissioner-General for Rehabilitation appointed by
the government works closely with child protection
agencies as well as other agencies and partner
organisations to put in place a long-term protection
programme which could ensure provision of education,
vocational training, life skills and facilitation of
their reintegration with families. Such measures
include the provision of livelihood support to
facilitate reintegration. All these measures require
considerable financial resources.
"In this regard, let me also draw your attention to
an important recommendation made by the Secretary
General, which calls for "adequate resources and
funding to be made available by donors to national
Governments, the United Nations and partners to
support the rehabilitation and reintegration of all
children…". This is a useful recommendation which
needs re-endorsement by the Working Group for its
expeditious implementation.
"With regard to protection of victims, witnesses and
complainants, the government is expected to present
to the Parliament a Bill titled "The Assistance and
Protection to Victims of Crime and Witnesses." The
policy framework of this proposed law has been
approved by the Cabinet of Ministers on the basis of
a draft bill prepared by the Attorney-General. This
Bill provides for protection and assistance
including compensation, reparation and restitution,
and contains additional measures for the protection
of child victims and child witnesses.
"It has been almost a decade since the terrorist
group LTTE, gave a public undertaking to cease
recruitment and use of children as combatants and
release children within its ranks, to the former
Special Representative of the Secretary-General.
This commitment, however, was never implemented by
the LTTE and the Secretary-General, therefore, has
continued to identify the LTTE as a repeated
violator. This terrorist group continues recruitment
and use of children as combatants.
"In this regard it is important to note that in the
recent past, the LTTE has adopted new strategies to
avoid international censure while continuing use of
children as combatants. The LTTE achieves this
objective by forcibly submitting children to weapons
training and thereafter returning the children to
their normal environment, so that the combat trained
children could be used for combat purposes as and
when the need arises. Evidence has now transpired
that the LTTE does not permit children to pursue and
successfully complete secondary education until and
unless they undergo this weapons training. Local and
international agencies compiling statistics on child
recruitment do not seem to have taken cognisance of
this new strategy adopted by the LTTE.
"We believe that only targeted measures would deter
the LTTE from continuing to perpetrate grave
violations against children, and inspire confidence
among the long-suffering people in the North and the
East. Mere exhortatory and normative measures will
not have any positive effect on the conduct of the
LTTE as much as specific punitive measures.
We are of the firm view that only specific targeted
measures will make the LTTE realize the futility of
continuing to follow a path of violence and compel
them to renounce terrorism, lay down arms, and take
part in a political process leading towards a
peaceful settlement of the conflict.
"The Security Council should consider taking
measures which would have an immediate and enduring
impact on the LTTE. We urge the Working Group to
call upon the LTTE to forthwith,
(a) release all child combatants within the ranks of
the LTTE,
(b) discharge combatants recruited to the LTTE when
they were children,
(c) terminate compulsory combat and weapons training
being provided to school children.
We also urge the Working Group as we did at its last
meeting, to consider recommending to the Security
Council, specific targeted measures which, among
others, could include at least some of the
following:
(a) to freeze funds and other financial assets or
economic resources of LTTE leaders and cadres
including funds derived from property owned or
controlled directly or indirectly, by them or by
persons acting on their behalf or at their
discretion;
(b) to ban the provision of funds, financial assets
and economic resources, and a ban on provision of
financial or other related services, directly or
indirectly, for the benefit of members of the LTTE
or its front organizations;
(c) to impose travel restrictions on LTTE leaders,
cadres and persons acting on their behalf, to
prevent their entry into or transit through the
territories of member States;
(d) to deny access to foreign chanceries to LTTE
leaders, cadres and persons acting on their behalf;
(e) to prevent direct or indirect supply, sale or
transfer of arms and related material to the LTTE
including weapons and ammunition, technical advice,
assistance or training related to armed activities
or recruitment for such activities;
(f) to prohibit any trade, commercial and financial
transactions with the LTTE and its representatives.
"It is our view that these specific targeted
measures that the Working Group may recommend to the
Security Council are necessary and justifiable in
the light of the LTTE's continued violation of
Resolution 1612, and other human rights and
humanitarian norms. Such resolute action by the
Security Council would no doubt compel the LTTE to
mend their ways and prevent them from abusing and
exploiting children for armed conflict"
|