[Congressional Record Volume 153, Number 169 (Friday, November 2, 2007)]
[Senate]
[Pages S13723-S13724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SRI LANKA
Mr. LEAHY. Madam President, it has been a little over a year since I
last spoke in this Chamber about the fragile peace process in Sri
Lanka. I want to take a moment to discuss the situation today because
in the past year we have seen human rights in that small island nation
steadily deteriorate. I also want to correct some confusion that may
have occurred as a result of statements reported in the press regarding
the Senate's action in connection with the fiscal year 2008 State,
Foreign Operations appropriations bill. That bill passed the Senate by
a vote of 81 to 12 on September 6, 2007, and we are waiting to begin
conference discussions with the House of Representatives.
Over the years, I have been a strong supporter of U.S.-Sri Lankan
relations. A good friend, Ambassador James Spain, served there, and the
American people acted quickly to provide emergency assistance for Sri
Lanka after the December 2004 tsunami devastated Sri Lanka's east,
north, and southern coasts, claiming tens of thousands of lives. Beyond
that, we have long supported the Sri Lankan Government's efforts to
respond to acts of terrorism by the LTTE, which has been designated by
the Department of State and the European Union as a foreign terrorist
organization because of its attacks against civilians, assassinations
of political leaders, forced recruitment of children, and other crimes.
We deplore these tactics. However, we are also aware that the LTTE
has, at times, shown a willingness to participate in serious
negotiations, as well as to respond to human rights concerns. These
overtures should be pursued. We also recognize that the LTTE should not
be equated with the Tamil community. There are many ethnic Tamils
living in and outside of Sri Lanka who do not condone acts of violence
and terrorism against civilians. Many have been victims of the LTTE
themselves.
At the same time, our aid to the Sri Lankan Government is not a blank
check. We have been increasingly concerned with reports of abuses by
Sri Lankan Government forces--not from the LTTE or their supporters as
some have inaccurately claimed but from the United Nations, the
Department of State, and international human rights organizations.
These reports are not ``disinformation'' or ``misinformation'' as some
Sri Lankan officials have alleged. Rather, they contain specific,
documented, consistent information indicating a steady increase in
serious human rights violations by both Sri Lankan Government forces
and the LTTE since the collapse of the ceasefire. While the first acts
of aggression were attributed to the LTTE, these reports also implicate
Government forces in attacks on civilians, extrajudicial executions,
torture, and forced disappearances. There is also evidence that Sri
Lankan Government forces have stood by while allied paramilitary
organizations have carried out abuses, including forcibly recruiting
child soldiers. With few exceptions, the Sri Lankan Government has yet
to bring the perpetrators, including members of Government security
forces, to justice.
It is important to note that the Sri Lankan Government's respect for
human rights and the rule of law has deteriorated even outside
conflict-affected areas. The Millennium Challenge Corporation suspended
more than $11 million intended for Sri Lanka because of the
deteriorating security situation and the Government's worsening
performance on human rights. Freedom House, whose assessments of
political rights and civil liberties are factored into the Millennium
Challenge Corporation's analysis, stated ``The serious human rights
abuses and excessive restrictions on freedom of speech and association
by the government of Sri Lanka merit the country's removal from a list
of eligible recipients for U.S. Millennium Challenge Account
assistance.'' We want to see a Millennium Challenge compact for Sri
Lanka, but these problems must first be recognized and effectively
addressed.
An international human rights field presence, under the auspices of
the United Nations, could do much to improve the situation. Given the
gravity and scale of the violations witnessed in Sri Lanka, and
particularly the inability of the Sri Lankan Government to monitor the
abuses taking place in areas held by the LTTE, such a presence would
help protect lives, document abuses by all sides, and support the
Government and civil society in protecting the civilian population. The
[[Page S13724]]
Department of State has publicly endorsed such a role for the United
Nations.
It is due to this information, from reputable sources, that the
Senate attached three conditions to our assistance to the Sri Lankan
military in the fiscal year 2008 State, Foreign Operations
appropriations bill. Anyone who reviews those conditions should agree
that they are reasonable and appropriate. They would require the Sri
Lankan Government to be bringing to justice members of the military who
have been credibly alleged to have committed gross violations of human
rights; end unreasonable restrictions on access in the country by
humanitarian organizations and journalists; and agree to the
establishment of a field presence of the Office of the U.N. High
Commissioner for Human Rights in Sri Lanka.
It is regrettable that rather than explain why the Sri Lankan
Government should not meet such reasonable standards when it is seeking
millions of dollars in U.S. taxpayer assistance, some Sri Lankan
officials have attacked our motives and falsely attributed our actions
to LTTE propaganda. Others have insisted that they are meeting these
standards already, when the facts clearly indicate that far more needs
to be done.
We want Sri Lanka to succeed in stopping terrorism, and we recognize
that military force can be necessary against terrorist tactics. But
there is no military solution to the Sri Lankan conflict, which has
dragged on for more than two decades. Thousands of innocent people--
Sinhalese, Tamils, and Muslims--have been killed. More than 1,000 are
reported to have ``disappeared'' in just the past 12 to 18 months, and
many more before that. Hundreds of thousands of civilians have been
displaced by the fighting. Families on both sides of the conflict have
suffered terribly, and the country remains divided and no closer to
peace.
Every time a Sri Lankan soldier violates international humanitarian
law it alienates the very people in the Tamil community whose support
the Government needs to combat terrorism. Our country has experienced a
similar problem in Iraq, where killings of civilians have hurt our
mission, tarnished our image and weakened the support of our allies.
I would hope that the Sri Lankan Government would see our action for
what it is. We want to help, but not unconditionally. I believe the
United States could and should play a more active role, with other key
partners, in helping to facilitate negotiations on a political
settlement. But rhetoric about human rights and the appointment of
ineffectual commissions of inquiry that have no credibility, only goes
so far. The situation remains grave and those responsible for abuses
are rarely punished, making a peace agreement more difficult to
achieve. A field presence of the Office of the High Commissioner for
Human Rights, with sufficient mandate and capability to conduct full
and unfettered monitoring throughout the country, communicate its
findings to all sides of the conflict and the public, and provide
advice and technical assistance, is overdue. Also urgently needed is
greater access for humanitarian organizations to assist civilians
caught in the crossfire and for journalists to report the facts.
The Sri Lankan people have suffered the consequences of ethnic
discrimination, violence, and injustice for the better part of their
country's history. We cannot solve Sri Lanka's conflict; only the Sri
Lankan people can. But we can and want to continue helping if the
Government demonstrates that it takes our concerns seriously.
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