23.02.2008
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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 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.
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LTTE Child soldiers: Childhood spent in a combat
environment
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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