COMMISSION OF INQUIRY ON LESSONS LEARNT AND …

1 Report of the COMMISSION OF INQUIRY ON LESSONS LEARNT . AND RECONCILIATION. November 2011. Members of the COMMISSION Chitta Ranjan de Silva Esquire, Chairman Dr. Amrith Rohan Perera Esquire, Professor Karunaratne Hangawatte Esquire, Chandirapal Chanmugam Esquire, Hewa Matara Gamage Siripala Palihakkara Esquire, Mrs. Manohari Ramanathan Maxwell Parakrama Paranagama Esquire, Mohamed Thowfeek Mohamed Bafiq Esquire. i ii iii iv v vi vii m CIK fld Ika iNd mkf;a 2 jk ;sh hgf;a w; ckd m;s;=uka iska m;alrk ,o W.;a mdv iy m%;sikaOdkh ms<sn| jq ckd m;s m CIK fld Ika iNdj tprhuiz Mizf;FOf;fs; rl;lj;jpd; 2 Mk; gphptpd; fPo; mjpNkjF rdhjpgjp mth;fspdhy; epakpf;fg;gl;l fw;Wf;nfhz;l ghlq;fSk; ey;ypzf;fKk;. gw;wpa rdhjpgjp tprhuiz Mizf;FO. COMMISSION OF INQUIRY ON LESSONS LEARNT AND RECONCILIATION APPOINTED.

2 BY HIS EXCELLENCY THE PRESIDENT IN TERMS OF SECTION 2 OF THE. COMMISSIONS OF INQUIRY ACT. wxlh Tf wxlh oskh vdJ ,y ckJ ,y jpfjp My No Your No. Date. 15th November, 2011. Mr. de Silva, PC. (Chairman). Dr. A. Rohan Perera, PC. (Member) His Excellency Mahinda Rajapaksa Prof. Karu Hangawatte President of the Democratic Socialist Republic of Sri Lanka (Member) Colombo. Mr. (Member) Your Excellency, Mr. Palihakkara (Member). Mrs. Manohari Ramanathan We have the honour to refer to the Proclamation issued by Your Excellency on (Member). 15th May 2010 in pursuance of the provisions of Section 2 of the Commissions of Mr. Paranagama INQUIRY Act (Chapter 393) and letter of 7th September 2010, appointing the (Member). undersigned as Your Excellency's commissioners for the purpose of inquiring into Mr.

3 Bafiq and reporting on matters enumerated in the Terms of Reference included in the (Member). Proclamation. Mr. S. B. Atugoda (Secretary) We hereby submit to Your Excellency, our Report thereon. Please accept Excellency the assurances of our highest consideration. ,CIuka l .du cd;Hka;r in|;d yd Wmdhud .sl wOHhk wdh;kh" wxl 24" fyda gka fmfoi" fld<U 07. rl;kh yf;~;kd; fjpu;fhku; ru;tNjrj; njhlu;GfSk;> cgha Ma;TfSf;Fkhd epWtfk;> , N`hu;ld; gpNs];> nfhOk;G 07 njhiyNgrp: Lakshman Kadirgamar Institute of International Relations and Strategic Studies , Horton Place Colombo 07. Telephone: viii Fax: 011 2674637; 011 2696819 email: Web: 15th November 2011. Abbreviations and Acronyms CARE Cooperative for Assistance and Relief Everywhere CCHA Consultative Committee on Humanitarian Assistance CDS Chief of Defence Staff CFA Ceasefire Agreement CGES Commissioner General of Essential Services DMI Director Military Intelligence DS Divisional Secretariat ENDLF Eelam National Democratic Liberation Front EPDP Eelam People's Democratic Party EPRLF Eelam People's Revolutionary Liberation Front FDL Forward Defence Line FTR Family Tracing and Reunification Unit GA Government Agent GN Grama Niladhari GOSL Government of Sri Lanka HR Human Rights HSZ High Security Zone ICRC International Committee of the Red Cross IDP Internally Displaced Person IHL International Humanitarian Law IMF International Monetary Fund INGO

4 International Non-governmental Organization JOC Joint Operations Command KKS Kankesanthurai LTTE Liberation Tigers of Tamil Eelam MOD Ministry of Defence MPCS Multi Purpose Cooperative Societies NCO Non-Commissioned Officer NGO Non-governmental Organization NFZ No Fire Zone PHI Public Health Inspector x PLOTE People's Liberation Organisation of Tamil Eelam PTA Prevention of Terrorism Act PTF Presidential Task Force for Resettlement, Development and Security in the Northern Province PTK Puthukkudiyiruppu RDS Rural Development Society REPPIA Rehabilitation of Persons, Properties and Industries Authority SCOPP Secretariat for Coordinating the peace Process SEZ Special Economic Zone SIHRN Sub Committee for Immediate Humanitarian Needs SLA Sri Lanka Army SLMM Sri Lanka Monitoring Mission STF Special Task Force TELO Tamil Eelam Liberation Organisation TMVP Tamil Makkal Viduthalai Pulikal UAV Unmanned Aerial Vehicle UNHCR United Nations High Commissioner for Refugees UNOCHA UN Office of the Coordinator for Humanitarian Affairs UN RC/HC UN Resident and Humanitarian Coordinator WFP World Food Program xi ACKNOWLEDGEMENTS.

5 In presenting this final report, the COMMISSION wishes to place on record its sincere thanks to all those who, in different ways, extended their support to the work of the COMMISSION . The COMMISSION thanks all those who sent in written submissions, and those who presented themselves before the COMMISSION and shared their views, on matters relevant to the mandate of the COMMISSION . Particular mention is made of the general public who travelled from afar and those who are residing abroad and volunteered to appear before the COMMISSION to share their views. The COMMISSION also wishes to thank all those whose expertise in their respective fields assisted it in its deliberations. It was a source of encouragement for the commissioners to see the enthusiasm shown by a large number of members of the public who followed the public sessions of the COMMISSION held in Colombo and the districts.

6 The COMMISSION thanks both the print and electronic media, for the wide coverage they gave to the proceedings of the COMMISSION , held both in Colombo and, also, in very remote areas of the country. In fulfilling its mandate the COMMISSION needed to visit several parts of the country, and had to seek the assistance of many Government officials and other institutions, both in Colombo and the other districts, with regard to logistics. The willing support extended by these officials, greatly facilitated the work of the COMMISSION , and the COMMISSION expresses its thanks to all of them. In conclusion, the COMMISSION wishes to express its sincere thanks to the former and present Secretary of the COMMISSION , Senior staff members, Consultants and to all other members of the Secretariat staff, and the interpreters and translators who performed their duties with a sense of responsibility and dedication, even beyond their call of duty, to our complete satisfaction.

7 Xii TABLE OF CONTENTS. PREAMBLE ..1. CHAPTER 1 - INTRODUCTION AND METHODOLOGY ..5. CHAPTER 2 - CEASEFIRE AGREEMENT .. 11. 12. Background to the Ceasefire Agreement .. 12. Political and Security Dimensions .. 14. Negotiating Process .. 15. Resulting Impact on the Provisions of the CFA .. 16. Factors which had a bearing on the Implementation of the CFA .. 18. Economic and Social Dimensions .. 20. Observations of the COMMISSION .. 22. CHAPTER 3 - OVERVIEW OF SECURITY FORCES 31. 32. Eastern Operations .. 33. Wanni 34. Security Forces Casualties and LTTE Casualties .. 37. CHAPTER 4 HUMANITARIAN LAW ISSUES .. 38. Principles of International Humanitarian Law .. 40. Sri Lanka Experience .. 49. Evaluation of the Sri Lanka Experience in the context of allegations of violations of IHL.

8 115. Concluding Observations on the IHL regime in its application to Internal Conflicts .. 130. Casualties .. 137. Channel 4 Video .. 147. CHAPTER 5 - HUMAN RIGHTS .. 153. xiii 154. Human rights issues arising from the conflict .. 156. CHAPTER 6 LAND ISSUES: RETURN AND RESETTLEMENT .. 200. 202. The Situation of People Who Lost Land Due to Conflict .. 202. Return and 210. Current Progress in Return and 213. Constraints and Challenges .. 219. Conclusions and Recommendations .. 230. CHAPTER 7 - RESTITUTION / COMPENSATORY RELIEF .. 243. CHAPTER 8 RECONCILIATION .. 251. Issues impacting on Post Conflict Reconciliation .. 253. Reconciliation .. 288. CHAPTER 9 - PRINCIPAL OBSERVATIONS AND RECOMMENDATIONS .. 326. Chapter Two: Observations on the Ceasefire Agreement.

9 327. Chapter Three: Narration of Events only.. 328. Chapter Four: Observations and Recommendations IHL Issues relevant to the final phase of the 328. Chapter Five: Observations and Recommendations on Human Rights .. 338. Chapter Six: Observations and Recommendations on Land Issues: Return and Resettlement .. 355. Chapter Seven: Observations and Recommendations on Restitution / Compensatory Relief .. 363. Chapter Eight: Reconciliation - Section I: Observations on issues impacting on Post Conflict Reconciliation .. 365. Chapter Eight: Reconciliation - Section II: Observations and Recommendations on 367. xiv LIST OF ANNEXES. Annexe Description No. Preamble 1 Proclamation by His Excellency the President Chapter 1 Introduction and Methodology Notice inviting public representations List of representations received List of persons/members of organizations who made oral submissions in Colombo following written representations or requests List of persons invited by the COMMISSION to make oral submissions List of Places visited by the COMMISSION Interim Recommendations Chapter 2 Ceasefire Agreement No Annexes Chapter 3 - Overview of Security Forces Operations Details of attacks on /killings of civilians, civilian targets, VIPs/politicians, economic targets, military targets.

10 Source : Ministry of Defence (i-v). Map showing LTTE dominated area in the Eastern Province. Source : Ministry of Defence Map of the sequence of the Eastern operations. Source: Ministry of Defence Map showing LTTE dominated areas in the Wanni. Source : Ministry of Defence Map of the sequence of the Wanni operations. Source : Ministry of Defence Map showing the NFZs. xv Chapter 4 - Humanitarian Law Issues Letter from Air Force Commander dated 29 September 2011. Copy of leaflet dropped by the SLA. Source : Sri Lanka Army SLA letter No. DMI/INT/200A/16b (Vol. 30 65) dated 19 January 2009 to the ICRC . SLA letter No. DMI/INT/200A/16b(Vol. 30-125) dated 11 February, 2009 to the ICRC. Director Military Intelligence letter No. DMI/INT/200A/16b (Vol. 31-16) dated 8 May 2009.