[Congressional Record Volume 165, Number 82 (Thursday, May 16, 2019)]
[Senate]
[Pages S2919-S2920]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           10TH ANNIVERSARY OF THE END OF THE SRI LANKAN WAR

  Mr. MENENDEZ. Mr. President, May 18 marks the 10th anniversary of the 
end of the civil war in Sri Lanka. In May 2009, the war between the 
government and the separatist Liberation Tigers of Tamil Eelam, LTTE, 
ended. The civil war was a 27-year-long assault on the coexistence of 
the Sri Lankan people, leaving scars that remain today. Both the Sri 
Lankan state and the LTTE targeted dissidents and members of other 
ethnic communities, indiscriminately bombing places of worship, 
hospitals, and public transport. On this 10th anniversary, I urge the 
people of Sri Lanka to renew their commitment to peace, reconciliation, 
and accountability for human rights violations and crimes committed 
during the conflict. In the wake of the devastating terrorist attacks 
last month, the international community should also renew its 
commitment to supporting those Sri Lankan citizens committed to a 
peaceful and democratic society where the rights of all are protected 
under the law.

[[Page S2920]]

  The final years of the war saw heightened intensity of fighting and 
soaring human rights abuses, including hundreds of enforced 
disappearances, extrajudicial killings of aid workers, arbitrary 
arrests, torture, and the use of child soldiers. The government labeled 
any reporters critical of the government's war against the LTTE as 
``traitors'' and ``terrorists,'' and the LTTE tolerated no dissent in 
areas it controlled. The last few months of fighting resulted in the 
deaths of as many as 40,000 civilians in the final assault against the 
LTTE. Victims' groups say the fates of more than 100,000 people remain 
unknown. UN satellite images showed that the government repeatedly and 
indiscriminately shelled no fire zones, where it had encouraged 
civilians to concentrate, and where estimates show that as many as 
330,000 civilians were trapped. UN investigations determined that 
``gross violations'' of international rights law occurred on all sides 
of the conflict, including the thousands of civilian deaths in the 
military assault that ended the rebellion. Many deaths and tens of 
thousands of disappearances remain unaddressed.
  For many Sri Lankans, the terrorist attacks last Easter Sunday, 
evoked emotions reminiscent of war times. I express my deepest 
condolences to the families who lost loved ones and denounce in the 
strongest terms this vile attack on the Sri Lankan people. As families 
recovered bodies of loved ones and buried and cremated them, they felt 
a pain that is sadly too familiar to so many Sri Lankans. While the 
perpetrators of the Easter Sunday attacks sought to sow hatred between 
communities and bring chaos to Sri Lanka, the government bears the 
responsibility to respond swiftly to retaliatory attacks against Muslim 
communities and ensure communal harmony and national unity. To be Sri 
Lankan is to be Buddhist, to be Hindu, to be Muslim, and to be 
Christian. All these communities have the right to exercise their 
religious identity and to live in peace and security in Sri Lanka.
  On January 9, 2015, the Sri Lankan people voted to unseat President 
Mahinda Rajapaksa. A few months later, the government of Maithripala 
Sirisena cosponsored United Nations Human Rights Council, UNHRC, 
resolution 30/1 on ``Promoting reconciliation, accountability and human 
rights in Sri Lanka,'' ushering in what appeared to be a new era 
dedicated to justice and reconciliation. This enthusiasm and hope has 
unfortunately faded over the years. In 2017, Sri Lanka received a 2-
year extension to implement the commitments in the resolution. This 
past March, the UNHRC adopted a new resolution again cosponsored by the 
government of Sri Lanka, extending the timeline to implement 
outstanding promises another 2 years.
  Resolution 30/1 contains 36 actionable commitments. The Sri Lankan 
Government has fulfilled only six over a period of 4 years. These 
include recent decisions to criminalize enforced disappearances, create 
an office on missing persons, and appointing commissioners to the 
office for reparations. Why did these few steps require 4 years of 
time?
  Despite the long list of promises, there has been little to no 
progress in establishing a commission for truth, justice, 
reconciliation, and nonrecurrence. Despite commitments made by the 
government, Sri Lanka has not adopted constitutional reforms that would 
address the long held grievances of communities across the country. The 
government has failed to strengthen the victim and witness protection 
law. Security sector reforms, including repealing and replacing the 
Prevention of Terrorism Act, have not taken place. The lack of 
accountability with respect to war crimes suspects remains a serious 
concern. Limited legal action has been taken to prosecute and hold 
alleged perpetrators to account. There is a lack of trust and 
confidence in domestic structures, so I echo the UN Human Rights 
Commissioner's calls that the international community use the principle 
of universal jurisdiction to hold accountable those who face 
allegations of serious human rights violations.
  Sri Lankan people deserve justice, peace, and protections. The 
country cannot move forward, rebuild, and prosper without a timebound 
plan for the government to fully implement its HRC commitments. 
Accountability, transitional justice, and reconciliation are hard, but 
left unresolved, these issues fester over time and could lead to 
renewed instability. Clearly, such an outcome should be avoided as it 
benefits no one in or outside of Sri Lanka.
  The war in Sri Lanka was a terrible episode in a country with a proud 
past. How Sri Lanka finally decides to deal with the legacy of the 
conflict is critically important for its future. My hope is that the 
government of Sri Lanka delivers on all its stated commitments, and 
that the international community maintains its focus on these postwar 
promises. As the country contends with the impact of reprehensible 
violence last month, it must renew its focus on the fundamentals of an 
inclusive multireligious and multi-ethnic society. I call on the 
friends of Sri Lanka around the world to support true reconciliation 
and healing as those constructive elements of society work hard to 
chart a positive future for all of the country's people.

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