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UNCLAS SECTION 01 OF 03 COLOMBO 000347 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR SCA/INS AND DRL/NESCA 
 
E.O. 12958: N/A 
TAGS: PREL PHUM PGOV PTER MOPS CE
SUBJECT: SRI LANKA: MFA ISSUES HARSH REBUTTAL TO U.S. HUMAN 
RIGHTS REPORT 
 
 
¶1.  (SBU)  SUMMARY: On March 31, the Ministry of Foreign 
Affairs released publicly a detailed response to the U.S. 
Human Rights Report, defending Sri Lanka's human rights 
record and challenging much of the information cited in the 
U.S. report.  The preamble to the GSL paper charges that the 
HRR is based on flawed information, fails to acknowledge the 
"difficult environment in which the GSL operates," does not 
include enough detail on LTTE human rights abuses, and 
ignores GSL efforts to protect human rights and hold 
violators accountable.  The GSL document contains strong 
language condemning the HRR, but provides little, if any, new 
information on the government's human rights record.  End 
Summary. 
 
¶2.  (U)  On March 14, the GSL sent Ambassador a 4-page Aide 
Memoire objecting to the U.S. Human Rights Report (HRR) 
released on March 11. On March 31, the Ministry of Foreign 
Affairs submitted to the Embassy - a day after the "preamble" 
was leaked to news media - a fifty-page detailed response to 
the HRR defending Sri Lanka's human rights record and 
challenging much of the information cited in the U.S. report. 
 
¶3.  (U)  The preamble charges that the HRR is based on flawed 
information, fails to acknowledge the "difficult environment 
in which the GSL operates," does not include enough detail on 
LTTE human rights abuses, and ignores GSL efforts to protect 
human rights and hold violators accountable.  It includes a 
lengthy list of local laws pertaining to human rights and the 
international conventions on human rights that Sri Lanka has 
endorsed. 
 
Harsh Criticism from the GSL 
------------------------------ 
 
¶4.  (U)  The GSL report condemns the HRR in strong language. 
It describes the report as "replete with factual 
inaccuracies, omissions, biased opinions, uncorroborated and 
unsubstantiated statements, and blatantly unfair allegations" 
based on "unfounded media reports and questionable sources." 
 It says "the approach of the HRR towards the GSL is critical 
and judgmental, and such a slant undermines the objectivity 
and impartiality of the report."  It claims the report 
"adopts a stance, which appears to be at variance with the 
declared U.S. policy on terrorism and counter-terrorism... 
and is implicitly supportive of terrorism."  The GSL notes an 
"approach adopted almost across the entirety of the report - 
i.e. an eagerness to discount or discredit official efforts, 
disregard clear facts on the ground, and justify 
pre-determined conclusions."  The GSL charges that the HRR 
"has proceeded to violate witness rights by consistently 
disclosing witness and victim identities and the details of 
crimes allegedly committed against them."  It also claims 
that the HRR "published names of high ranking state officials 
and discredited them with some wild accusations, without even 
having the professionalism and good sense to either verify 
the facts from independent sources or to apply the basic 
principles of justice." 
 
Substantive Arguments Sound Familiar 
------------------------------------ 
 
¶5.  (U)  The GSL's report provides little, if any, new 
information on the government's human rights record.  The 
government's defense of several of the allegations made in 
the HRR is as follows: 
 
-- Extrajudicial Killings:  The GSL continues to cite the 
appointment of the Commission of Inquiry into serious human 
rights violations as proof that it is addressing this issue. 
The report notes that the COI has concluded some 
investigations, and that two cases are at the public inquiry 
stage.  The report does not mention that the IIGEP has 
resigned over concerns about the COI's failure to meet 
 
COLOMBO 00000347  002 OF 003 
 
 
international standards. 
 
-- Abductions and Disappearances:  The GSL cites "an 
international agency" that has confirmed a downward trend in 
disappearances and killings during the second and third 
quarters of 2007.  The GSL says the list of 355 
disappearances submitted by the Ambassador included 5 
duplications, 6 persons who left Sri Lanka, 24 persons who 
have been located, 4 persons who have died, and 3 that have 
been arrested.  They note that 106 cases were never reported 
to the police and that the remainder are still being 
investigated.   The GSL report says the allegations of 
disappearances in the HRR also contain duplications, and 
persons who simply moved out of Sri Lanka or into the Vanni. 
The GSL claims some reports were forwarded by NGOs "well 
known to obtain funding in dubious ways and to exaggerate 
and/or make conveniently blatant mistakes."  The GSL also 
notes that in many of the cases no reports were made to the 
police, or that the families reported a disappearance to 
strengthen their chances of getting visas to go abroad. 
Finally, the GSL attributes many disappearances to forced 
recruitment by the LTTE, adding that often the LTTE refuses 
to claim the bodies of dead LTTE cadre and the families then 
claim they are missing. 
 
-- Child Soldiers: The GSL says the TMVP retains 164 children 
under the age of 18.  The government claims that now that the 
Eastern Province has been cleared of LTTE, the problem is 
likely to be resolved "soon." 
 
--IDPs: The GSL report says there are 187,863 IDPs in Sri 
Lanka, and that the resettlement of IDPs is slowed by the 
process of clearing landmines.   It argues that all 
re-settlement of IDPs has been done on a voluntary basis, 
and that this has been confirmed by UNHCR.  The GSL denies 
that IDPs are used for forced labor.  The GSL notes the 
enactment of a Bill on the Rights of the Internally Displaced 
and Returnees and its recent efforts to begin dealing with 
those IDPs who were displaced from the North by the LTTE in 
¶1990. 
 
--Media Freedom:  The GSL argues that the Sri Lankan media is 
dominated by private news organizations, and that there is no 
press censorship in Sri Lanka, even on information pertaining 
to security and military matters.  According to the GSL, any 
journalists detained have been arrested on suspicion of 
terrorist activity unrelated to their professional 
activities.  The GSL adds that is has provided access to 
conflict areas in the North, and has even allowed the media 
to interview terrorist leaders. 
 
--Religious Freedom:  The GSL notes that freedom of religion 
is enshrined in the constitution and that all Sri Lankans are 
free to practice the religion of their choice.  The 
government argues that the HRR has used reports of isolated 
incidents to create the false impression that there are 
tensions between Buddhist and Christian communities. 
 
--Impunity:  The GSL notes that 150 indictments were served 
on 600 members of the security forces for human rights 
violations prior to 2004.  Since 2004, 42 indictments have 
been made against 90 persons for allegations of torture. 
Twenty five of these cases are pending.  According to the 
GSL, six members of the armed forces and police were arrested 
in June 2007 for involvement in abductions for ransom and 
murder.  (It fails to note, however, that on recommendation 
of the Attorney General, these individuals were released and 
charges dropped in January 2008.)  Two members of security 
forces were arrested and charged with murdering five students 
in November 2006.  The only convictions mentioned, however, 
are two members of the air force who were convicted for 
violating the human rights of a journalist. Those convictions 
are currently under appeal, according to the government. 
 
COLOMBO 00000347  003 OF 003 
 
 
 
¶6.  (SBU)  COMMENT:  This latest report on human rights from 
the GSL echoes many of the arguments they have used before, 
but contains the strongest criticisms of the U.S. to date. 
However, the GSL's arguments are weak and even contradictory. 
 For example, the MFA complains on the one hand that the U.S. 
does not cite specific sources, and later on that we name 
specific names in the report, thereby endangering victims. 
The government's constantly-reiterated assertion that many of 
the "disappeared" have eloped, gone on vacation or to take up 
jobs abroad, or have been the victims of forced recruitment 
by the LTTE (note: from government-controlled areas, 
including high-security zones) is simply false.  The GSL also 
claims it is not getting enough credit for the good things it 
is doing, such as restoring democracy and development in the 
East.  We have explained to the GSL that these are not issues 
covered by the HRR.  Similarly, we have expressed to the GSL 
that it is not enough to have laws on the books; those laws 
must be enforced and violators held accountable. 
BLAKE