1. 1. 30 March 2007 Lionel Bopage 1 Sri LankaSri Lanka ------ ChallengesChallenges ToTo Peace and DemocracyPeace and Democracy
2. 2. 30 March 2007 2 SummarySummary Successive governments have responded to the democraticSuccessive governments have responded to the democratic demands of the masses with an increasing use of repression anddemands of the masses with an increasing use of repression and terrorterror The centralisation of the democratic decision making apparatus intoThe centralisation of the democratic decision making apparatus into the unaccountable hands of the Political executive and the armedthe unaccountable hands of the Political executive and the armed forcesforces The gradual erosion of the independence of the judiciaryThe gradual erosion of the independence of the judiciary The curtailment of the freedom of individuals, political organisationsThe curtailment of the freedom of individuals, political organisations and the media to express their opinions and put their case to theand the media to express their opinions and put their case to the general populationgeneral population The gross abuse of human rights as reflected in the rise of extraThe gross abuse of human rights as reflected in the rise of extra judicial murders, the unaccounted disappearance of vast numbersjudicial murders, the unaccounted disappearance of vast numbers of people and the increasing number of people being torturedof people and the increasing number of people being tortured The exponential increase in the amount of bribery and corruptionThe exponential increase in the amount of bribery and corruption
3. 3. 30 March 2007 3 SUPPRESSION OF DEMOCRACYSUPPRESSION OF DEMOCRACY Sri Lanka more often ruled underSri Lanka more often ruled under emergency lawsemergency laws The parliament does not bear the supremeThe parliament does not bear the supreme power, but the armed forces dopower, but the armed forces do Election process is continually beingElection process is continually being underminedundermined
4. 4. 30 March 2007 4 JUSTICE AND LEGAL SYSTEMJUSTICE AND LEGAL SYSTEM Drawbacks in the existing legal system:Drawbacks in the existing legal system: Allows the Executive to politically appoint retired judges to theAllows the Executive to politically appoint retired judges to the higher courtshigher courts No separation of power between the Executive and the LegislatureNo separation of power between the Executive and the Legislature The Attorney-General not accountable for decisions either to theThe Attorney-General not accountable for decisions either to the Parliament or to the Minister of JusticeParliament or to the Minister of Justice No legal or political remedy against the decisions of the Attorney-No legal or political remedy against the decisions of the Attorney- GeneralGeneral The findings of many commissions appointed to investigate intoThe findings of many commissions appointed to investigate into killings, disappearances and abductions not made public, orkillings, disappearances and abductions not made public, or Investigations did not progress due to many external influencesInvestigations did not progress due to many external influences
5. 5. 30 March 2007 5 FREEDOM OF EXPRESSIONFREEDOM OF EXPRESSION A number of journalists assassinatedA number of journalists assassinated Many journalists and media workers harassedMany journalists and media workers harassed and intimidatedand intimidated Restrictions imposed on mediaRestrictions imposed on media Self-censorship imposedSelf-censorship imposed Newspapers proscribed from circulationNewspapers proscribed from circulation Continuous threats to the editors of independentContinuous threats to the editors of independent newspapersnewspapers
6. 6. 30 March 2007 6 HUMAN RIGHTSHUMAN RIGHTS Violation of customary international lawsViolation of customary international laws Torture and summary executionsTorture and summary executions extensively used as a method of obtainingextensively used as a method of obtaining information and intimidating the generalinformation and intimidating the general populationpopulation No justice for victims and their families forNo justice for victims and their families for past human rights abusespast human rights abuses
7. 7. 30 March 2007 7 HUMAN RIGHTSHUMAN RIGHTS Current spate of disappearances andCurrent spate of disappearances and kidnappings blamed on a small undisciplinedkidnappings blamed on a small undisciplined minorityminority Legal Protection from arbitrary or preventativeLegal Protection from arbitrary or preventative arrest and detention left vaguearrest and detention left vague Emergency regulations provide impunity to theEmergency regulations provide impunity to the forces to act outside their professionalforces to act outside their professional jurisdictionjurisdiction Assassinations of political leadersAssassinations of political leaders
8. 8. 30 March 2007 8 CORRUPTION AND BRIBERYCORRUPTION AND BRIBERY Existing laws - usually enforced againstExisting laws - usually enforced against small playerssmall players Many scandals exposed, but rarelyMany scandals exposed, but rarely responses or denialsresponses or denials Use of Emergency laws and nationalisticUse of Emergency laws and nationalistic feelings to prevent exposure of corruptionfeelings to prevent exposure of corruption and briberyand bribery
9. 9. 30 March 2007 9 FREE AND FAIR ELECTIONSFREE AND FAIR ELECTIONS Consistent use of terror to coerce people andConsistent use of terror to coerce people and communities not to votecommunities not to vote Introduction of false ballotsIntroduction of false ballots Arbitrary proscription of political partiesArbitrary proscription of political parties The people of Sri Lanka can no longer hope forThe people of Sri Lanka can no longer hope for the peaceful exercise of their right to freely electthe peaceful exercise of their right to freely elect their representatives at national, or even local,their representatives at national, or even local, elections...The concept of free and fair electionselections...The concept of free and fair elections has become an illusion in Sri Lankahas become an illusion in Sri Lanka.. -- Asian Human Rights Commission, 1999Asian Human Rights Commission, 1999
10. 10. 30 March 2007 10 ConclusionConclusion Need broader perspectives for developingNeed broader perspectives for developing sustainable solutionssustainable solutions Government bears major responsibility inGovernment bears major responsibility in protecting human and democratic rightsprotecting human and democratic rights Recognition of common suffering of allRecognition of common suffering of all peoplepeople
11. 11. 30 March 2007 11 ConclusionConclusion Ensuring democratic rights of TamilEnsuring democratic rights of Tamil people, their security and safety not onlypeople, their security and safety not only in basic law but also in practicein basic law but also in practice Breaking down barriers, and openingBreaking down barriers, and opening communication channels is an urgent taskcommunication channels is an urgent task inside and outside Sri Lankainside and outside Sri Lanka Urgent need to build a vibrant, andUrgent need to build a vibrant, and democratic oppositiondemocratic opposition
12. 12. 30 March 2007 12 Thank youThank you