FAAE Committee Report

Government Response to the Report of the Standing Committee on Foreign Affairs and International Development “Canada and the Crisis in Sri Lanka” and Request for Approval to Access Crisis Pool Funding to Address Urgent Humanitarian Needs in Sri Lanka and Pakistan

1. Context

Given the serious humanitarian needs in the wake of recent fighting and that further critical steps need to be taken toward national reconciliation to prevent future instability, Canadian engagement in the post-conflict environment in Sri Lanka is necessary. Canada’s continued engagement in Sri Lanka is consistent with Canada’s foreign policy commitment to the principles of freedom, democracy, human rights and the rule of law.

In July 2006, the Government of Sri Lanka resumed military operations against the Liberation Tigers of Tamil Eelam (LTTE) and in January 2009, fighting escalated with the capture of the LTTE’s two main bastions. By April 2009, Government forces had captured almost all remaining LTTE-controlled territory, pinning the LTTE — and thousands of civilians the LTTE had forced to move — into a ten square kilometre area in the north-east. The LTTE held an estimated 150,000 civilians as human shields in this shrinking area for several months. In the final month of the conflict, fighting was intense and humanitarian workers were restricted from accessing the trapped civilians. These factors ultimately resulted in a heavy impact on civilians. Hostilities in Sri Lanka ceased on May 17, 2009 with the surrender of the LTTE; however, hundreds of thousands of civilians continue to be displaced as a result of the conflict.

United Nations (UN) estimates have suggested that over 8,000 civilians were killed and over twice that number injured in the final weeks of combat, but these estimates cannot be confirmed given restrictions on access by third parties to the conflict area.

While hostilities ended in mid-May, the humanitarian situation remains serious due to the mass-movement of hundreds of thousands of internally displaced persons (IDPs) in the final weeks of combat. Currently, there are approximately 300,000 IDPs housed in camps in the north of Sri Lanka. A large number of the IDPs are living in over-crowded camps with inadequate access to food, clean water, sanitation and medical facilities. While approximately 10,000 IDPs, mostly the sick, wounded and elderly, have been released from the IDP camps, the majority of the displaced face restrictions on their freedom of movement and have been denied the right to leave the camps, contrary to the Guiding Principles on Internal Displacement. The Government of Sri Lanka has stated that this is a necessary precaution given that it continues to screen for LTTE combatants. The Government of Sri Lanka has set a six-month timeline for the return of the IDPs. However, reports suggest that the territory in the north has weak and damaged infrastructure and is heavily contaminated with landmines and explosive remnants of war and may delay the early return of IDPs.

2. Response to the Committee’s Recommendations

Recommendation 1:

The Government of Canada should continue to call upon all parties in Sri Lanka to immediately cease fire and end hostilities.

Following the escalation in the conflict from January 2009 and until the end of hostilities on May 17, the Minister of Foreign Affairs issued a number of statements. On February 4, 2009, the Minister of Foreign Affairs issued a statement calling for the Government of Sri Lanka and the LTTE to declare and honour an immediate ceasefire to allow the full, safe, and unhindered access of humanitarian workers to those in need; the evacuation of the sick and wounded; and the delivery of much-needed humanitarian assistance. On April 11 and 19, the Minister of Foreign Affairs issued further statements urging both parties to implement a humanitarian pause to ensure the safe and voluntary movement of civilians out of combat zones and to allow full, safe and unhindered humanitarian access to those in need. On April 24, the Minister of Foreign Affairs issued a statement expressing concern about the renewed offensive into the conflict zone and reported increases in civilian casualties. On April 25, Canada, together with other G8 governments (the U.S., the U.K., France, Germany, Italy, Russia, and Japan), issued a statement expressing concern for the plight of civilians still trapped by fighting, while calling all parties to take all necessary action to avoid further civilian casualties, and strongly condemning the use of civilians as human shields by the LTTE, the killing of civilians and terrorism in all its manifestations.

Recommendation 2:

The Government of Canada should redouble its efforts in cooperation with other states to meet the humanitarian needs of all civilians in northeastern Sri Lanka, including those still in the combat zone and those in IDP camps, by securing a sufficient humanitarian pause and through international supervision of assistance.

Canada’s humanitarian assistance to the affected population in Sri Lanka from October 2008 to May 2009 was $7.5 million.  On August 7, 2009, Minister of International Cooperation Oda announced additional funding of up to $15 million from Canada’s Crisis Pool of the International Assistance Envelope to be used to support the activities of trusted humanitarian partners to meet critical needs.  Since the Committee tabled its report in May 2009, Canada has tripled its humanitarian assistance for the affected population in Sri Lanka, to a total of $22.5 million.

During her August 2009 visit to Sri Lanka, the Minister of International Cooperation reviewed the activities being supported by Canada in the IDP camps.  She also reviewed the plans and progress of the Government of Sri Lanka towards the return of the IDPs to their communities.  She determined that significant progress has been made in improving the conditions of the IDPs in the camps, and that Canadian supported activities are being well implemented.  However, Canada continues to call for full, safe and unhindered access to those in need, including hundreds of thousands of IDPs. Canada also continues to monitor the humanitarian situation through the Canadian High Commission in Colombo and will respond on the basis of need.

Recommendation 3:

The Government of Canada should stand ready to increase Canadian assistance to Sri Lanka in collaboration with other partners, as on-the-ground assessments and capacity to absorb warrant, not only for relief purposes but also for development and reconstruction. In addition to ensuring that assistance reaches those who need it most, the government should pursue a whole-of-government strategy to ensure that Canadian assistance of all sorts encourages longer-term reconciliation among communities in Sri Lanka.

Canada, through the programming of the Canadian International Development Agency (CIDA), has worked in Sri Lanka on development issues throughout the period of the conflict.  CIDA’s programming has aimed to address the root causes of the conflict and mitigate their impact.  Work has also been ongoing to strengthen community-level capacity among affected populations.  For example projects have improved skills for employment and created jobs, improved access to microcredit and skills to manage funds, and improve the access of disadvantaged communities to social services in their own language.  Current funding for the bilateral assistance program is approximately $5 million per year.

Canada will provide assistance for development in accordance with Canadian development assistance priorities, based on an assessment of the conditions on the ground in Sri Lanka, particularly in support of the safe return and reintegration of the IDPs in their communities. This assistance will be provided within the context of a Canadian whole-of-government strategy for Sri Lanka.

Canada, in coordination with other donors, will work to ensure that any development programs are carried out in an environment that allows, in addition to other goals: appropriate access for development partners, equitable distribution of benefits and progress in the areas of national reconciliation and democracy.

Recommendation 4:

The Government of Canada should call on the United Nations Security Council to seriously engage itself in the resolution of the conflict in Sri Lanka, and to investigate the conduct of both parties during the conflict with respect to international law. The Government of Canada should also initiate a dialogue with the Government of Sri Lanka, in conjunction with the international community, aimed at laying the groundwork for a political reconciliation between the communities. If these efforts fail, the Government of Canada should consider financial and diplomatic sanctions, including, but not limited to, advocating for Sri Lanka’s suspension from the Commonwealth, as well as incentives.

Canada supported UN engagement on the situation in Sri Lanka including by the UN Security Council and by Secretary-General Ban Ki-moonwho metrepeatedly with Sri Lankan President Mahinda Rajapakse. However, the UN Security Council did not add Sri Lanka to its agenda given the high threshold for Chapter VII engagement. Under Chapter VII,there must be a “threat to international peace and security” for the Security Council to engage.

Consideration of sanctions at the Commonwealth is similarly unlikely. The Commonwealth is a voluntary association of 53 countries that promotes democracy and development. While Secretary-General Kamalesh Sharma had expressed deep concern at the humanitarian crisis in Sri Lanka, he has stated the Commonwealth will only engage if requested to do so by the Sri Lankan government itself.  The Commonwealth Ministerial Action Group (CMAG) is a grouping of nine Foreign Ministers of which Sri Lanka is a member.  It meets when necessary to respond to clear violations of democratic principles in accordance with the Harare Declaration, in particular, cases of unconstitutional overthrow of a democratically elected government.  As this was not the case in Sri Lanka, the situation in Sri Lanka is not an item on the formal CMAG agenda.

Canada co-sponsored the request by Member States of the UN Human Rights Council to convene a Special Session on the human rights situation in Sri Lanka from May 26 to May 27, 2009. Canada engaged constructively during negotiations at the Special Session on Sri Lanka, advocating for a strong outcome resolution from the Special Session condemning human rights and international humanitarian law violations and calling for follow-up by the Council on the situation in Sri Lanka. However, the Government of Canada was disappointed in the result of the Special Session at the Human Rights Council. The Human Rights Council missed an important opportunity to properly address genuine human rights concerns resulting from the conflict.

In 2007 and 2008, Canada (through DFAIT and CIDA) provided technical and legal expertise to an International Independent Group of Eminent Persons (IIGEP) that was mandated by the President of Sri Lanka to observe the work of a domestic Commission of Inquiry into high profile human rights abuse cases in Sri Lanka.  However, the Commission of Inquiry was disbanded in June 2009 without fulfilling its mandate of bringing accountability.

Canada has called, through public statements, for the establishment of an independent investigation into credible allegations of violations of international human rights and humanitarian law and has encouraged the Government of Sri Lanka to request international assistance to create an independent entity to investigate and recommend measures for accountability.

From July 4 to 7, 2009, the Parliamentary Secretary to the Minister of Foreign Affairs visited Sri Lanka. The Parliamentary Secretary engaged with senior Government of Sri Lanka officials, including the Minister of Foreign Affairs, on the humanitarian and transition needs of IDPs, visited IDP camps, secured consular access to a Canadian currently in the IDP camps and addressed misconceptions about the Government of Canada’s position on the LTTE. In addition, the Parliamentary Secretary discussed the issue of national reconciliation and registered Canada’s support for independent investigations.

When the Minister of International Cooperation met with Sri Lankan Ministers in Colombo on August 7, 2009, she stressed that the safe and voluntary early return of IDPs was in everyone’s interest.   She also discussed ways that donors could assist in this regard. 

3. The Way Forward

Given the needs outlined, Canada’s objectives in Sri Lanka and Canada’s engagement thus far, the Government has considered a number of diplomatic options. Disengagement from Sri Lanka would not serve Canada’s overall foreign policy objectives. In this context, the objective of supporting progress towards national reconciliation requires continuous constructive dialogue with the Government of Sri Lanka.

Since May 2009 the Minister of International Cooperation has visited Sri Lanka twice and the Parliamentary Secretary to the Minister of Foreign Affairs has visited once.  The Government of Canada has registered with the highest levels of the Government of Sri Lanka its concern about the conditions in the IDP camps and its interest in ensuring greater humanitarian access and safe and voluntary returns of IDPs.

Canada will continue its policy of engaging with the Government of Sri Lanka for the purpose of seeking avenues to improve the humanitarian situation and promote national reconciliation, including the facilitation of independent investigations into credible allegations of violations of international law. Building on recent high-level visits to Sri Lanka, the Canadian High Commission in Colombo and Canadian officials in Ottawa will continue to discuss these issues regularly with the Government of Sri Lanka.  Canada will also continue to work in coordination with the international community on responding to humanitarian and development needs.