Resolute action against LTTE by UN essential
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Ambassador Prasad Kariyawasam, Permanent Representative to the UN |
The full text of the statement made by Ambassador
Prasad Kariyawasam, Permanent Representative to the UN, at the Working
Group:
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.
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 President Mahinda Rajapaksa also
demonstrates this commitment by advancing child-centred 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.
Condemnation
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
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LTTE Child soldiers: Childhood spent in a
combat environment |
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.
Reporting period
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 C.R. de Silva, the Attorney-General of
Sri Lanka, Suhadha Gamlath, Secretary Justice, and Yasantha Kodagoda,
Deputy Solicitor-General.
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 emphasise 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; (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.
Support
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.
Rehabilitation
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.
Violations
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 realise 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.
Courtesy : Daily News
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