The conflict in Sri Lanka has been raging in varying degrees of intensity for more than fifteen years (since 1983). While other entrenched conflicts in places like South Africa, Northern Ireland and the Middle East have experienced breakthroughs and partial resolutions at least, Sri Lanka has become one of the more intractable wars in the post-colonial era. It is a war that plays off to the side of the world stage, with relatively little interest from the international community, including the U.S.

Recent presidential elections have returned Chandrika Kuaratunga to office for another six-year term. Norway has emerged as a third party go-between, only the third attempt so far by an outside agent, yet there are few signs of hope for an early resolution. With the Norway initiative, and the growing preoccupation with global terrorism, the U.S. has begun to dip its toe a bit deeper into Sri Lanka's affairs. This has the possibility of being constructive if handled properly or if not, it may merely prolong the suffering of Sri Lanka's people.

Background

Sri Lanka's troubles are rooted primarily in practices of its former colonial power and the subsequent discriminatory policies of the post-colonial majority Sinhalese government. An island nation off the southeast tip of India, Sri Lanka received independence from Britain in 1948. Its population is composed of mostly Sinhalese (74 percent), Tamils 18.1 percent), and Muslims (7.1 percent). The Sinhalese are mainly Buddhist while the Tamils are Hindu. Under British, the Tamils were disproportionately favored in terms of education and job opportunities, so that at independence they were represented in large numbers in the civil service in contrast to the majority population. There was an immediate attempt to redress this situation by instituting policies that favored Sinhalese.

Sinhales politicians and a powerful Buddhist clergy pushed through policies that established Sinhalese as the national language, and set quotas in the education system which discriminated against Tamils. Development policies resettled Sinhalese farmers on land considered by Tamils as their territory. Gradually the Tamils felt themselves pushed to the margins of political life and society.

Frustrated with the political process which seemed rigged against them, Tamil youth formed armed groups to fight for their rights. The group which emerged as the most efficient and which is now locked in battle against the Sri Lanka government's forces is the Liberation Tigers of Tamil Eelam, LTTE, led by the charismatic and reclusive Velupillai Prabakharan. The Tigers are fighting for Tamil Eelam, a separate Tamil state made up of the northern and eastern sectors of the island. They are well organized, well armed and highly motivated.

Although religion is a factor, most Sri Lankans see this as an ethnic, not a religious conflict.

Sri Lanka has long been upheld as an example of a developing country with good social indicators such as life expectancy, literacy, education and health. However, social indicators have improved in Sri Lanka more slowly than in many other countries of Asia, and are slipping in some cases. Overall, figures mask wide disparities within ethnic and regional groups. It is very difficult to make reliable estimates in the parts of the country that suffer the worst effects of the civil war, namely the north and east. These figures rarely highlight the devastating impact of the war on demography, health, education and housing.

The "No Mercy War"

The International Committee of the Red Cross has called the conflict in Sri Lanka a "No Mercy War." It is a war that takes few prisoners, with a high toll in civilian casualties and suffering. Common Article 3 of the Geneva Conventions, which applies to "armed conflict not of an international character," establishes the minimum standards of humanitarian law that the parties to the conflict are bound to apply. Although the government of Sri Lanka is a party to the Geneva Conventions and the LTTE has expressed its commitment to respect them, neither side adheres to them. Both sides are guilty of torture, illegal detention, disappearances and extra judicial execution. There are few prisoners taken, and the numbers of dead are difficult to assess due to a lack of access to the conflict areas. No independent journalists are allowed into the areas, and the government imposes censorship on war reporting. The LTTE controls all news in areas under its control.

It is estimated that 100,000 mainly Tamil civilians have become internally displaced, some of them three and four times, during the course of the war. They are unfortunate pawns of both warring parties. The issue of food and medicine to the displaced and to civilians in the conflict areas and in areas controlled by the LTTE has long been a volatile one, with the government imposing heavy restrictions on items allowed. Aid agencies walk a tight line between voicing their protest at such restrictions on items allowed. Aid agencies walk a tight line between voicing their protest at such restrictions (which are against international law) and risking being denied permission to work at all.

Lack of Political Will

Since independence, Sri Lanka has been ruled by one of two main Sinhalese political parties. The intense rivalry between these two parties has been one of the main obstacles to a peaceful settlement with the LTTE. And the LTTE is unwilling to go into negotiations with only one party because any settlement that might be reached could simply be undone when the other party comes into power. Therefore, the two political parties must be able to come to a consensus themselves before they can move forward with any sort of peace process. Until now, each party has not been able or willing to rise above its obsession with maintaining or regaining power to do work with its rival in the interest of achieving peace for the country. After the presidential elections, however, the opposition UNP (united National Party) has agreed to support the PA (People's Assembly) government's proposals for constitutional changes, which form the core of its offer to resolve the grievances of the Tamil people. The sincerity of the UNP's commitment must now be demonstrated.

Civil Society and the Religious Community

Churches have played a disproportionate role in providing relief to civilians and displaced people in the areas of conflict. Because Christianity is the only religion which includes both Sinhalese and Tamils in its membership, it has sometimes been able to bridge the divide. There have been a number of interfaith initiatives, including a delegation that traveled to the Vanni in the north last year to meet with leaders of the LTTE in an effort to open a dialogue.

A growing movement has developed within civil society that opposes the military solution and is working to create a momentum for peace. This movement is also trying to find ways to counter the increasing level of violence within society as a result of the war. Surveys of the population indicate that a significant percentage of the Sinhalese population does not believe the war can be won on the battlefield. Increasingly, it is in favor of resolving the conflict through peaceful negotiations and thee is more acceptance of the idea that some form of third party assistance will be necessary. Recent demonstrations for peace have brought together thousands of Sri Lankans from all ethnic groups.

The Norway Initiatives

Presidential elections held in December returned Chandrika Kumaratunga to the presidency for another term. The elections were marred by violence and two serious bomb attacks at election rallies just ballot resulted in loss of life. Kumaratunga escaped a suicide bomb attack that left her without sight in one eye. Since both parties campaigned on a platform of bringing peace to the country, the leader of the opposition UNP is now at least partly bound to prove his commitment by agreeing to work together with the government for a solution to the war.

At the same time, Norway's efforts to facilitate between the warring parties emerged as another sign of hope. In February, the Norwegian foreign minister traveled to Colombo to hold talks with the government, the UNP and the Tamil parties, after meeting with the LTTE's main negotiator in London. While nothing has been achieved so far, one of the snags had been simply to find a third party that would be accepted by both the Sri Lanka government and the LTTE. Now that one country has accepted the high level of risk associated with mediating the conflict, other concerned countries ought to form some kind of official support group around Norway.

U.S. Policy

The Administration has traditionally had a hands-off policy toward the troubles in Sri Lanka, while maintaining that it supports a negotiated political settlement protecting the rights of minorities and guaranteeing equal rights for all of Sri Lanka's citizens. While critical of the government's bad human rights record, it has stopped short of voicing this too strongly in public. With the designation of the LTTE as a terrorist organization, the U.S. has also moved more openly to support the government's policies.

Last year on a visit to the country, Assistant Secretary for South Asia Karl Inderfurth expressed the U.S.' willingness to facilitate talks, if it were asked to do so by the government
While a clear shift from previous statements, it maintains a passive role for the U.S. for the moment.

One role the U.S. could take on effectively is to work with a group of interested countries to assist the Sri Lanka government and the LTTE at the negotiating table and to serve as guarantors of any settlement reached. Trust is a key ingredient in any peace process, and in order to gain that trust, the assisting parties must demonstrate a commitment for the long haul, not just for the more interesting period of actual negotiations and official settlements.

For the success of any negotiations, a more important factor, one based on previous failed attempts at negotiations, is the question of preparedness of the negotiators: Do they have the necessary skills at negotiation for talks to have a chance of success? Neither the government nor the LTTE have exhibited such skills in the past. The U.S. and other governments should not lose sight of this important fact in a sudden hurry to get negotiations going. They ought to urge both parties to prepare carefully by training in negotiation and by encouraging a slow step-by-step process to the talks.

While recognizing small improvements in the human rights record of the government, the U.S. must also continue to raise the issues of impunity, torture, freedom of the press, and provision of medical care to the displaced Tamils. Unless consistent pressure is brought to bear on the government, it is unlikely to make efforts to change. Although Sri Lanka plays such a small part in U.S. about Sri Lanka carry tremendous weight in the country itself and in the Sri Lankan media.

Unfortunately, with the sale of military equipment worth over $30 million and joint military exercises that include the U.S. Navy SEAL team and Air Force Special Operation Squadron, the Sri Lankan Navy and Air Force, the U.S. appears to be stepping up its assistance to Sri Lanka's armed forces. The question of military assistance should simply not be on the table in a prolonged conflict that cannot and never will be solved militarily. Sri Lanka's troubles will only be solved through a political settlement that guarantees the fundamental freedom and human dignity of all Sri Lanka's citizens, regardless of their ethnic or religious identity. The U.S. needs to encourage the government in that direction while discouraging the military option.

Suggested Actions

Write your Representatives and Senators, asking them to encourage the U.S. Administration to play a positive role in the negotiated settlement between warring factions in Sri Lanka. A sample letter is presented at right; it is suggested that you personalize this letter.

GA

The 211th General Assembly stated:

"Sri Lanka, with a long history of communal and religious strife, has been ravaged since 1983 by a complex civil war involving multiple interests, four religious communities, and major ethnic differences…

The conflict has had horrendous impact on the peoples of Sri Lanka, including the deaths of more than 55,000 people and the displacement of over 857,000, with devastating consequences for children, over 900,000 of whom have been directly or indirectly affected, including many who have been orphaned.

Children, as many of those in Sri Lanka, are the most vulnerable victims in societies devastated by war, caught in the cycles of poverty and social disruption; often exploited through child labor and caught in trafficking for commercial sexual prostitution and pornography; and, whether orphaned or kidnapped, sold through adoption brokers."

The 211th GA requests that the U.S. "government, through all appropriate diplomatic means, to seek the end of the civil war, the resolution of communal differences, and the recognition of the legitimate rights of all parties involve. Further, it "urges the United States government to lend all its energies to the world campaign to end the commercial sexual exploitation of children and the illegal sale of children…and in this context seek to cooperate with appropriate regional and national efforts in Sri Lanka."

Sample Letter

Dear Representative/Senator:

I am writing out of concern for the bloody conflict that has been going on for more than 15 years in Sri Lanka. Because it lacks the strategic importance of other countries, it has been largely ignored in our foreign policy. But the suffering of the people has been no less severe.

The U.S. could play a constructive role in helping to bring about a negotiated settlement to the conflict. Giving military assistance undermines an emphasis to solve the conflict by political means, something for which the U.S. administration has specifically expressed support.

I urge you to encourage the U.S. Administration to pressure the Sri Lanka government to end its military campaign and to pursue negotiations for a political solution with the LTTE (Liberation Tigers of Tamil Eelam). While rightly condemning terrorist acts committed by the LTTE, the U.S. must also speak out against human rights abuses by the Sri Lanka security forces, and call for an end to impunity.

The U.S. should join with other concerned countries to offer support to Norway as it begins the difficult path of assisting the Sri Lanka government and the LTTE in talks to bring about a just settlement of this conflict. Sri Lanka was once a model developing country with a bright future. It cannot reclaim this future until the war is brought to an end and the rights of all Sri Lankans are equally guaranteed.

Written by the Asia Pacific Center for Justice and Peace.