[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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