Sunila Abeysekera Commemoration:

Speech by Nimalka Fernando

by Nimalka Fernando
- on 09/09/201
Sunila Abeysekera Commemoration! September 9th 201
"e as indi#idual human ri$hts acti#ists! as %ell as the human ri$hts
community as a %hole $reatly miss Sunila today& As %e stru$$le to $rapple
%ith myriads o' contemporary challen$es %e miss her indomitable
character! and ener$y& As %e $ather today to celebrate her li'e and %ork
since she le't us so suddenly ( e)actly an year a$o! her memories still
remain 'resh in my mind& As * stated in my speech made in the +rst South
Asian Sunila memorial lecture held in ,haka or$anised last year by San$at
the South Asian Feminist! %e %ill continue to remain in con#ersation %ith
you Sunila&
Sunila led a beauti'ul li'e& -ut she also undertook many ha.ardous
/ourneys& 0er %ork and li'e %as this /ourney& She took di1cult and darin$
options in this /ourney& * am %ell a%are that many persons lookin$ at
Sunila 'rom a'ar %ould not ha#e understood this %oman& 2any ima$es
some ne$ati#e and some positi#e ha#e been %o#en around this character
Sunila& 3here %ere some %ho detested her 'or her political #ie%s and li'e
choices& 2ay be some people e#en hated her 'or her coura$e and
'orthri$ht %ay o' speakin$& -ut kno%in$ Sunila and borro%in$ a pa$e 'rom
her thinkin$ %e must count all the 'acets in some one4s li'e and %ork in the
midst o' #aryin$ reactions and relationships&
Actually! the key note o' her li'e %as 5relationships4& Sunila did nothin$
%ithout this emotional undertone& She did not relate to ideas %ithout a
bond& She did not pursue ideas and acti#ities technically! as an 6e)pert7 to
harness or as a pro/ect to be 'ul+lled %ithin a $i#en time period& She kept
true to the era and history that created her& She came nurtured by the
pro$ressi#e thinkin$ in the late se#enties and %as immersed in the political
ideolo$y o' the 89: in the late se#enties& 3he 5class-stru$$le4 in Sri ;anka
%as challen$ed to encompass and e)pand its de+nitions by bein$
inclusi#e ( inte$ratin$ 'eminist ideolo$y and %omen4s liberation! ri$ht o'
sel'-determination o' the 3amil speakin$ people! non-discrimination o' those
%ith di<erent se)ual orientation & =#en thou$h the present day media and
our criti>ues attack us! human ri$hts acti#ists as those promotin$ neo-
liberal policies o' the %est! they deliberately i$nore the historical
circumstances %hich $a#e birth to characters like Sunila and the human
ri$hts community in Sri ;anka!%hich is un'ortunate&
"e can introduce Sunila in many %ays! a 'eminist! a human ri$hts
de'ender! a person %ho %as in the art and +lm %orld& 3he list is lon$& 2y
re?ections %ill be based on %hat she %as deeply committed to to%ards
primarily protectin$ and promotin$: human ri$hts born out o' her
e)periences 'rom the 89: stru$$le& 3his e)panded into ne% #istas as socio-
economic and political processes in Sri ;anka e#ol#ed in the $lobalisation
era and the post 9/11 scenario culminated in the increase o' state
repression a$ainst all dissent as 5%ork a$ainst so#erei$n countries4
5en$a$ement %ith terrorists4 and 5%ork o' traitors paid by imperialists4& @ou
are all 'amiliar %ith the scenario %hich is propa$ated a$ainst human ri$hts
de'enders& Sunila %as sub/ected to this same repression&
"e both met in our acti#ism related to pioneerin$ the +rst radical %omen4s
ri$hts 'orum in the early ei$hties& 3hou$h she and * %ere students at
-ishop4s Colle$e %e struck a 'riendship only a'ter %e le't the colle$e as
collaborators o' the "omen4s Action Committee 'ormed in 19A0& Bno%n as
"AC the +rst %omen4s net%ork tried to de#elop solidarity amon$ plantation
and 'ree trade .one %orkers! rural %omen! %omen %riters and peace
acti#ists %hich helped us in deepenin$ our analysis o' 'eminism&
3he repression and the emer$ence o' 'ascist and ri$ht %in$ ,eshapremi
Chinthanaya in 19A9 chan$ed the tra/ectories o' our mo#ement and
propelled us to the %ork in the area o' human ri$hts& *n my personal
con#ersation %ith her %e o'ten 5re$retted this phase4 since to some e)tent
our %omen4s in#ol#ement had to be detoured& "ith the mass scale
disappearances in the South and as the threat o' disappearances loomed
o#er pro$ressi#e and le't acti#ists %ith %hom %e %ere in#ol#ed ne%
solidarities had to be 'ormed& She became 'ully in#ol#ed in her +$ht a$ainst
disappearances and %as in#ol#ed %ith the 2others Front in the South& * am
sure 0is =)cellency 2ahinda Ca/apakse %ill ha#e many memories o' Sunila
durin$ this period as he %as also a champion a$ainst disappearances and
claimed that D0e %ill e#en $o to the ,e#il4s mother to +nd /ustice 'or the
'amilies o' the disappeared4& "hile the youn$ 2ahinda chan$ed course our
dear Sunila remained on course till her last breath le't her body&
3he story can be lon$ but Sunila4s e<orts to $i#e #isibility to human ri$hts
#iolations as %ell stren$thenin$ local initiati#es is much kno%n& Formin$ the
*NFEC2 ,ocumentation Centre she pro#ided stren$th to the %ork in
de#elopin$ skills related to in'ormation $atherin$!documentation includin$
empo%erin$ communities and $i#in$ con+dence to #ictims to speak out& As
an e)perienced human ri$hts de'ender she $a#e much prominence to %ork
related to protectin$ human ri$hts de'enders as she hersel' had to lea#e
the country in the late ei$hties due to death threats& 3he %ork o' human
ri$hts de'enders ha#e assumed $reater reco$nition and is acclaimed mainly
due to %ork done by people like Sunila and others all o#er the %orld& She
%as not alone in this stru$$le& She recei#ed se#eral international a%ards in
reco$nition o' her commitment and contribution made to%ards this end&
The Declaration on Human Rights Defenders
*t is this kind o' in#ol#ement o' human ri$hts acti#ists that lead to the
emer$ence o' a ne% declaration at the FN le#el %hich spoke about the
need to protect human Ci$hts de'enders& =laboration o' the ,eclaration on
human ri$hts de'enders be$an in 19A and ended %ith the adoption o' the
te)t by the General Assembly in 199A! on the occasion o' the +'tieth
anni#ersary o' the Fni#ersal ,eclaration o' 0uman Ci$hts& A collecti#e e<ort
by a number o' human ri$hts non-$o#ernmental or$ani.ations and some
State dele$ations helped to ensure that the +nal result %as a stron$! #ery
use'ul and pra$matic te)t& :erhaps most importantly! the ,eclaration is
addressed not /ust to States and to human ri$hts de'enders! but to
e#eryone& *t tells us that %e all ha#e a role to 'ul+l as human ri$hts
de'enders and emphasi.es that there is a $lobal human ri$hts mo#ement
that in#ol#es us all& 3he ,eclaration4s 'ull name is the 6Declaration on the
Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect niversally Recogni!ed Human
Rights and "undamental "reedoms7 &3his lon$er title is 're>uently
abbre#iated to 6The Declaration on human rights defenders7&*n
adoptin$ the special ,eclaration on the Ci$hts and Cesponsibility o'
*ndi#iduals! Groups and Er$ans o' Society to :romote and respect
Fni#ersally Ceco$nised 0uman Ci$hts and Fundamental Freedoms the
Fnited nations has taken a $reat leap 'or%ard& *t is clear that the FN $i#es
$reat importance to the %ork carried out by human ri$hts de'enders& *t is
clear that the primary responsibility 'or the protection o' human ri$hts
de'enders lies %ith Go#ernment! as set out in this declaration& "e ha#e to
%ork to$ether to $et all $o#ernment $lobally and especially GES; to take
seriously their obli$ations in this re$ard and take e<ecti#e measures to
ensure protection o' human ri$hts de'enders&
#egal character
3he ,eclaration is not! in itsel'! a le$ally bindin$ instrument& 0o%e#er! it
contains a series o' principles and ri$hts that are based on human ri$hts
standards enshrined in other international instruments that are le$ally
bindin$ ( such as the *nternational Co#enant on Ci#il and :olitical Ci$hts&
2oreo#er! the ,eclaration %as adopted by consensus by the General
Assembly and there'ore represents a #ery stron$ commitment by States to
its implementation& States are increasin$ly considerin$ adoptin$ the
,eclaration as bindin$ national le$islation& For e)ample A'rican and
=uropean Fnion has de#eloped special policy documents in this re$ard&
The Declaration$s provisions
3he ,eclaration outlines some speci+c duties o' States and the
responsibilities to protect human ri$hts de'enders& 3here is an obli$ation
under the ,eclaration to conduct peace'ul acti#ities&
%hat does the right to be protected entail&
State4s obli$ation to protect States bear the primary responsibility 'or
protectin$ indi#iduals! includin$ de'enders! under their /urisdiction!
re$ardless o' the status o' the alle$ed perpetrators HA/0CC/1I/22 para& 2J&
For instance in 2012 the statement made publicly by a Cabinet 2inister that
5limbs and hands o' Nimalka Fernando and Sunanda ,eshapriya %ill be
broken4 has been today recorded in the report o' the Secretary General o'
the Fnited Nation on Ceprisals A$ainst those collaboratin$ %ith the FN
System& Fp to date the FN notes that GES; has 'ailed to take action a$ainst
the perpetrators o' such intimidation a$ainst human ri$hts de'enders& *s
this an intrusion into our so#erei$ntyK "hy is the FN takin$ such incidents
seriouslyK *t is due to the protection pro#ided by the ,eclaration&
3he StateDs duty to protect the ri$hts o' de'enders 'rom #iolations
committed by States and non ( State actors is deri#ed 'rom each StateDs
primary responsibility and duty to protect all human ri$hts! as enshrined in
article 2 o' the *nternational Co#enant on Ci#il and :olitical Ci$hts! %hich
establishes the obli$ation o' States to $uarantee to all indi#iduals %ithin
their territories and sub/ect to their /urisdiction the ri$hts reco$ni.ed in the
Co#enant %ithout discrimination HA/LM/22I para I0J&
En the other hand! States are also called upon to act %ith due dili$ence to
pre#ent! in#esti$ate and punish any #iolation o' the ri$hts enshrined in the
,eclaration& *n other %ords! States ha#e a primary responsibility to pre#ent
#iolations o' the ri$hts o' de'enders under their /urisdiction by takin$ le$al!
/udicial! administrati#e and all other measures to ensure the 'ull en/oyment
by de'enders o' their ri$htsN in#esti$atin$ alle$ed #iolationsN prosecutin$
alle$ed perpetratorsN and pro#idin$ de'enders %ith remedies and reparation
HA/LM/22I para IJ&
=)amples o' actions or omissions %hich contra#ene the State4s duty o' due
dili$ence include the 'ailure to pro#ide e<ecti#e protection to de'enders at
risk %ho ha#e documented attacks and threats by non-State actors or %ho
ha#e been $ranted interim protection measures by re$ional human ri$hts
mechanisms HA/LM/22I para IM 3he obli$ation on States to protect includes
both ne$ati#e and positi#e aspects&
For e)ample the disruption o' our meetin$ on th Au$ust by a $roup lead by
some in yello% robes is construed as an act by a $roup o' non-state actors
and the $o#ernment has a moral obli$ation to in>uire into this incident and
take action a$ainst the perpetrators 'or attackin$ a peace'ul assembly and
threatenin$ our ri$ht o' association&
En the other hand 3he ,eclaration also speaks o' the necessity o' the duty
o' the State to sa'e$uard human ri$hts& 3he ,eclaration on human ri$hts
de'enders contains a series o' principles and ri$hts that are based on
human ri$hts standards enshrined in other le$ally bindin$ international
instruments! such as the *nternational Co#enant on Ci#il and :olitical
Ci$hts& 3he StateDs duty to protect all human ri$hts includes the protection
o' the ri$hts o' human ri$hts de'enders& 3hus! 'or instance! the ri$ht to li'e!
the ri$ht to pri#acy! and the ri$hts to 'reedom o' association and
e)pression should be protected 'rom #iolations not only by State a$ents!
but also by pri#ate persons or entities& 3he ,eclaration +rmly a1rms that
this duty should be applied at all times HA/LM/22I para& I1J
3he ,eclaration rea1rms ri$hts that are instrumental to the de'ence o'
human ri$hts! includin$! inter alia! 'reedom o' association! 'reedom o'
peace'ul assembly! 'reedom o' opinion and e)pression! and the ri$ht to $ain
access to in'ormation! to pro#ide le$al aid and to de#elop and discuss ne%
ideas in the area o' human ri$hts& *mplementin$ the ,eclaration is a
precondition 'or the creation o' an en#ironment that enables human ri$hts
de'enders to carry out their %ork HA/LI/2AA Anne) para 2J& Cead %ithin the
'rame%ork o' this section it %as the correct position %e as human ri$hts
de'enders community took in re/ectin$ the letter %hich %as addressed to
NGEs by the Secretary o' the NGE Secretariat on I1st 8uly 201 %hich %as
an attempt to restrict our ri$ht to %ork 'reely and peace'ully&
Cecent e#ents inside Sri ;anka as %ell as in South Asia in $eneral ha#e
$enerated conditions that pose $reater challen$es and risks 'or the human
ri$hts community and demand a stron$er a1rmation o' the commitment to
the respect 'or human ri$hts and 'undamental 'reedoms&
3he ,eclaration on human ri$hts de'enders broadly ackno%led$es the #alue
o' the %ork o' 0C,s as %ell as the le$itimacy o' their action 'or the
promotion and protection o' human ri$hts& 3he protection o' de'enders is
central to the promotion o' human ri$hts! the de#elopment and
stren$thenin$ o' democracy and the respect 'or the rule o' la%&
Fn'ortunately all these core principles ha#e been $rossly #iolated today in
Sri ;anka as democracy is blatantly assassinated e#ery hour e#ery minute
by those in $o#ernance& "here le$itimate acti#ities o' the Ci#il Society is
made 5unauthorised4 by an authority that lacks le$al standin$ like the so
called NGE Secretariat %hich is the kept tool o' the ,e'ence Secretariat&
3he protection o' de'enders there'ore takes a $i$antic proportion&
3he Fnited Nations system not only pro#ided a declaration but also
e>uipped the international community %ith an e<ecti#e mechanism! %ith
the appointment o' a Special Cepresentati#e on 0uman Ci$hts ,e'enders in
the year 2000& 3his %as a measure on one hand to monitor the situation o'
the 0C,s and on the other hand to seek the implementation o' the
,eclaration in a manner that eliminates the risk to %hich de'enders are
e)posed&
State$s responsibility for the acts of non'State actors
*n the conte)t o' human ri$hts #iolations by third parties! the obli$ation to
protect! +rst! in#ol#es ensurin$ that de'enders do not su<er 'rom #iolations
o' their ri$hts by non-State actors& ;ike the -odu -ala Sena or Ca#ana
-alaya& Failure to protect could! in particular circumstances! en$a$e the
StateDs responsibility HA/LM/22I para& 29J& For instance! acts and omissions
committed by non-State actors under the instructions! control or direction
o' the State can! under certain circumstances! $i#e rise to State
responsibility&
Ene e)ample o' a situation mi$ht be %here a State creates or e>uips
armed $roups! such as paramilitaries or armed bands! and instructs them to
attack human ri$hts de'enders& *n this instance! the paramilitaries could
be considered de 'acto State or$ans! and the commission o' acts in breach
o' international la% a$ainst de'enders could be attributed to the State
HA/LM/22I para 1& Failure by States to prosecute and punish such
perpetrators is a clear #iolation o' article 12 o' the ,eclaration on 0uman
Ci$hts ,e'enders& Addressin$ the issue o' impunity is a key step to ensurin$
a sa'e en#ironment 'or de'enders HA/0CC/1I/22 para& 2J& 3he ri$hts
enshrined in the *nternational Co#enant on Ci#il and :olitical Ci$hts!
includin$ the ri$ht to li'e and 'reedom o' association and e)pression! should
be protected 'rom #iolations not only by State a$ents! but also pri#ate
persons or entities HA/0CC/1I/22 para& IJ&
3his aspect assumes $reat importance to us in Sri ;anka& 2ost o' the
incidents that ha#e taken place in the North ha#e been committed by
unidenti+ed persons includin$ the $rease yakkas %ho pro%led around in the
North and =ast harassin$ %omen& Similarly unidenti+ed $an$s attacked
peace'ul public demonstrations by the internally displaced persons in the
North on se#eral occasions&
Responsibility of non'State actors
Althou$h States bear the primary responsibility 'or protectin$ human ri$hts
de'enders! it is necessary to recall that the ,eclaration on 0uman Ci$hts
,e'enders is addressed not only to States and human ri$hts de'enders! but
to e#eryone& *t is set 'orth in article 10 o' the ,eclaration that! Ono one
shall
participate! by act or by 'ailure to act %here re>uired! in #iolatin$ human
ri$hts and 'undamental 'reedomsP& HA/0CC/1I/22 para& and A/LM/22I
para& 2J&
*n addition! the ,eclaration rea1rms the responsibility o' e#eryone not to
#iolate the ri$hts o' others! encompassin$ the responsibility o' non-State
actors to respect the ri$hts o' human ri$hts de'enders! in the preamble as
%ell as in articles 11! 12&I and 19 HA/LM/22I para& 22J&
Accordin$ly! all non-State actors! includin$ armed $roups! the media! 'aith-
based $roups! communities! companies and indi#iduals should re'rain 'rom
takin$ any measures that %ould result in pre#entin$ de'enders 'rom
e)ercisin$ their ri$hts& En the contrary! non-State actors can! and should!
play a pre#enti#e role by promotin$ the ,eclaration as %ell as the ri$hts
and acti#ities o' human ri$hts de'enders HA/LM/22I para& 22J
The (onte)t in Sri #an*a
* am sure some o' you %ould ha#e thou$ht * am sharin$ a Grimm4s Fairy
3ale 0uman Ci$hts ,e'enders story& Fn'ortunately in our country nobody
bothers about the international la%s and policy 'rame%orks& "e continue
to remain as a member o' the Fnited Nations and the Common%ealth
?outin$ the #ery basic principles %hich 'orms the core spirits o' these
or$anisations&
All re$imes in Sri ;anka since the promul$ation o' the 19QA Constitution
ha#e used =)ecuti#e po%ers to cripple dissent and mo#ements 'or ri$hts&
"e ha#e reached the hi$hest scale o' this authoritarianism %ith the
introduction o' the 1Ath amendment to the Constitution& 3he :resident and
the political leaders in the $o#ernment includin$ their kith and kin #ie%
human ri$hts and human ri$hts de'enders as a threat to their #ery
e)istence and po%er& * de+nitely %ill not deny this impact on them because
this is precisely %hat %e stand up 'or as a community o' de'enders& "e
stand up and shout a$ainst impunity and the assault a$ainst the rule o' la%
and independence o' /udiciary since they are our bastions 'or /ustice& "e
meet the #ictims and support them in their stru$$le to seek redress at all
le#els as they $o be'ore the ;;CC! *CCC and onto Gene#a& "hen there is
no% relie' at the local le#el based on the ri$hts accorded to us as citi.en4s
o' a country %hich still remain as a member o' the Fnited Nation *CC:C
pro#ides us the ri$ht to $o to Gene#a&
* am o'ten told by those supportin$ the $o#ernment and those en$a$in$
%ith the $o#ernment Hactually * do not see the di<erence any%ayJthat %e
ha#e to remain neutral and independent& "e are independent but %hat %e
talk about! and critici.e and challen$e the processes related to $o#ernance
and political ethos& 3his process also challen$es us to be in dialo$ue and
interaction %ith political parties %ho are in the opposition& *n 19A9 those
%orkin$ a$ainst disappearances linked up %ith the Sri ;anka Freedom
:arty & 3oday some o' us are similarly %orkin$ %ith oppositional 'orces in
the country in addressin$ the lar$er issue o' a 'ailed and dys'unctional
state! a corrupt administration and an 8udiciary dominated by the =)ecuti#e
&
3his is the main reason %hy %e are harrassed and abused! e)posed to be
eliminated 'or bein$ traitors in the media like %hat they do e#ery day in the
*ndependent 3ele#ision Net%ork in their prime time ne%s bulletin& A'ter
conductin$ a li#e state radio pro$rams %here callers are encoura$ed to
make comments about ho% to kill us! they in'orm us later that such 5li#e
broadcasts are not in our records4& 3here'ore e#en i' %e %ant to seek local
remedies! %ith no e#idence it becomes a tou$h task& "e as human ri$hts
de'enders are not merely seekin$ to apply the technicalities o' the
pro#isions
2ethods o' tar$etin$ de'enders are becomin$ more and more sophisticated
and dan$erous! /ust as the ran$e o' perpetrators o' #iolations $ro%s %ider&
3he arrest and detention o' Cuki Fernando and Fr :ra#een illustrates the
nature o' this intimidation& 3hey ha#e been silenced %ith no char$es +led
a$ainst them&
3he acti#ities o' armed $roups! reli$ious e)tremists 'orces sponsored or
tolerated by the states or actin$ independently! as %ell o' those o' military
and other security $roups ha#e become a ma/or threat to the security o'
human ri$hts de'enders in Sri ;anka! and are directly or indirectly
underminin$ our %ork& A si$ni+cant challen$e 'acin$ us in Sri ;anka today is
the impunity en/oyed by these 'orces to carry out their acti#ities %ith
blatant disre$ard to 'undamental ri$hts&
As the Commission o' *n>uiry is probin$ into the e#ents under the FN
Cesolution %hich demands an in#esti$ation into %ar crimes alle$ations and
serious #iolations o' human ri$hts and humanitarian la%s durin$ the %ar
and continuin$ #iolations o' human ri$hts in Sri ;anka a third narrati#e has
6appeared7 %hile there is also an 6en$a$ement %ith the ,e'ence
Secretary7& "e should remain in dialo$ue only %ith a ci#il administrator and
not %ith a retired Colonel& "e ha#e to be propelled not by lo$ic 'or sur#i#al &
"e ha#e to be moti#ated by the moral ima$ination a passion to search 'or
the truth&
* %ish to label there'ore these e<orts as 5enterprisin$ mechanisations4 o'
the re$ime to lo%er and demean ci#il society stature& Further these actions
brin$ disrespect to the a$ony o' hundreds and thousands o' #ictims o' the
%ar& 3hese are ploys to di#ert the attention o' the international community
to the reality& 3o us! there is only one narrati#e %e ha#e! and that is o' the
#ictims& "e shall carry their tears and pains as the one and only narrati#e
be'ore any commission& "e %ill sacredly hold the hand o' Nimala Cuben
and ,ilrokashan and $i#e testimony to the 'act that inside a :rison
mana$ed by the $o#ernment their death took place& "e %ill speak
re$ardin$ the brutal #iolence 'aced by *sipriya on behal' o' thousand others
%ho can not speak or are 'orced into silence& *n the indomitable style o'
Sunila %e %ill $o to Babithi$olla%a and be %ith the community tenderin$ to
their needs as the $o#ernment only make them pa%ns 'or their political
$ains and speak to them about the in/ustice o' the %ar that di#ided our
communities and spread hatred and #iolence&
3here is a notion that the issue o' accountability and truth seekin$ are alien
to us ! our soil and not the Asian %ay& "e are bein$ told that as inheritors
o' $reat ci#ilisation %e kno% ho% to respect human ri$hts& Fn'ortunately in
the ancient times rulers had the choice o' becomin$ either Chandaasoka or
,harmaasoka& *' the ruler is $ood and is sincere they ruled the kin$dom as
darmishta kin$s& -ut un'ortunately these precepts %ere non-bindin$
,harmathas& "e ha#e seen many %ars 'ou$ht %ith no sense o'
accountability& *t %as a'ter the second %orld %ar disaster and $enocide o'
0itler that the lea$ue o' Nations #o%ed that such carna$e should not
happen in the %orld a$ain& 3his $a#e birth to the Fni#ersal ,eclaration o'
human Ci$hts %hich %as endorsed and appro#ed today by all the nations o'
the %orld includin$ all the Asian States& 0uman ri$hts! rooted in the Fnited
Nations Charter! to %hich all the countries on earth are si$natories! is the
only uni#ersal lan$ua$e %e really ha#e! to protect indi#iduals and to +$ht
'or /ustice& =#ery Asian country in the Fnited Nations #oted 'or the Fni#ersal
,eclaration o' 0uman Ci$hts %hen it %as adopted by the General Assembly&
Our Struggle
3o Sunila and to us! it %as! is and al%ays %ill be important to identi'y
indi#idual perpetrators and hold them responsible and accountable 'or the
#iolence and the %ar crimes they committed! it is important to make #isible
and dismantle those structures and institutions that ha#e in 'act $enerated
and continue to le$itimi.e such horri'yin$ #iolations& "e cannot allo% our
rulers in Sri ;anka and else%here in the re$ion to make our stru$$le 'or
/ustice especially $ender /ustice become indi#iduali.ed! depolitici.ed and
deconte)tualised&
S+I#, called us to -oin collectives of .omen all over the .orld to
.rite another history, a history to counter hegemony, a history of
the marginali!ed and of the margins, a story about a -ourney
rather than that of a de/ned destination0
;ike Sunila! as South Asian %omen! 'or years since 1992 %e %orked 'or the
unity o' our people& ;ike Sunila! %e $athered across the re$ion! like %e are
doin$ no% callin$ to build on a #ision that has lon$ been held by South
Asian acti#ists 'or peace and democracy! that a 6union o' the states o'
South Asia %ould hold the promise o' a dream 'ul+lled 'or all its peoples! a
dream o' prosperity! e>uality! /ustice! ri$hts and di$nity& Such a dream
cannot be based on any idea o' a union that is state ( centric! a union that
represents the interests o' our political and economic elites! a union that is
imposed on the peoples o' South Asia by 'orce and dri#en by the $reed 'or
po%er&
Eur re$ion remains under tremendous $eo-political pressures in re-ali$nin$
po%er relations amon$ di<erent countries %ithin South Asia He$& the *ndia (
FS nuclear pact and the treaties %ith indi#idual countries to +$ht the so-
called "ar on 3errorJ
Nation-states ha#e easily compromised their talk o' so#erei$nty %hen
reachin$ a$reement on re$ional inte$ration in the economic arena! throu$h
trade a$reements! common practices in terms o' customs barriers! usa$e o'
common currency and easier tra#el and #isa re$ulations 'or the business
community and state o1cials& @et the poorest o' us must 'ace perilous and
ille$al /ourney throu$h mountains! 'orests and e#en the deep blue sea /ust
to ensure that our children ha#e somethin$ to eat&
South Asian countries ha#e shamelessly mort$a$ed our 'uture! the 'uture o'
our peoples in this era o' $lobali.ation to en/oy the perks o' international
neo-liberal economic a$enda& For instance! in Sri ;anka post-%ar
de#elopment and $ro%th is steered by the ideolo$y o' a one nation a$enda
and the nurturin$ o' he$emonic rule&
As 'eminist acti#ists opposin$ the neo-liberal model o' economic
de#elopment! and #aried 'orms o' political authoritarianism that reli$ious
'undamentalism assume! %e ha#e been an inte$ral part o' stru$$les all
o#er the %orld& "e do this! because like Sunila! %e kno% that these
structures ha#e an ad#erse! i' not retro$rade impact on the li#es o' all
%omen Hsee South Asian Feminist ,eclaration 200LJ&
As 'eminist acti#ists! %e %ould stru$$le to ensure that this 'rame%ork is
imbued %ith the principles o' human ri$hts! committed to e>uality and non-
discrimination and 'ocused on the achie#ement o' human security and
human di$nity&
3he challen$es posed to our li#es! li#elihoods and en#ironments by the
'orces o' $lobali.ation! reli$ious 'undamentalism and militari.ation are
makin$ the li#es o' our people e#er more di1cult& 3he increasin$ $ro%th o'
impo#erishment amon$ a ma/ority o' our people in our sub-continent is
linked %ith the e#er %idenin$ cycles o' #iolence and intolerance& *dentity-
based politics and the $ro%in$ politici.ation o' reli$ion! the manipulation o'
reli$ion! ethnicity and culture 'or narro% political ob/ecti#es increasin$ our
le#els o' insecurity and e)posin$ us to con?icts that are barbaric and
inhuman& *t threatens the underlyin$ pluralism o' our social 'abric&
*t is precisely to challen$e these realities that %e must e)plore the potential
o' a :eople4s Fnion o' South Asia! e#en i' only as a dream! as a part o' our
stru$$le to restore our humanity and e)pand our collecti#e stren$th a$ainst
the 'orces that are allied a$ainst us& "e dare to dream! like Sunila dared to
dream&
3he Sri ;ankan state has si$ned and rati+ed the FN Charter! the
*nternational Co#enant on Ci#il and :olitical Ci$hts! the *nternational
Co#enant on =conomic and Social Ci$hts! the Con#ention A$ainst3orture!
the Gene#a Con#entions amon$ others& "e did so because %e %ant to
impro#e the >uality o' li'e o' our people and to be part o' the comity o'
nations& "e cannot suddenly say %hen it is incon#enient and our impunity
is threatened ( that %e no% %ant 5asian #alues4& 5Sri ;anka has a lon$
tradition o' respectin$ human ri$hts4& "e don4t need to 'ake a 'ast unto
death in 'ront o' the Fnited Nations o1ce in Colombo or else%here in
denial o' our obli$ations& "e ha#e rati+ed them so %e ha#e to beha#e as a
respectable nation and uni#ersal principles related to human ci#ilisation
a'ter the period o' enli$htenment are part and parcel o' each countries
so#erei$n obli$ation and imperati#e&
;et me end these 'e% moments o' talkin$ %ith Sunila and all o' you!
rememberin$ %hat she said to us %hen #ili+ed! attacked and abused by the
Sri ;anka authorities 'or demandin$ accountability! to uphold rule o' la%
and yearnin$ 'or reconciliation!
As human ri$hts de'enders %orkin$ to de'eat impunity in Sri ;anka and to
build a stron$ system o' /ustice and accountability 'or human ri$hts
#iolations! %hether committed in the past or in the present! %e remain
committed to our ideals and to our $oals& For us! %hether there is a
Cesolution on Sri ;anka at the FN 0uman ri$hts Council or not! our %ork to
de'end human ri$hts in Sri ;anka must! and %ill! $o on&7
3hank you all& 3hank you SFN*;A 'or allo%in$ me ramble on& "e miss you
#ery much&
Ce'erences
,eclaration on 0uman Ci$hts ,e'enders
*nternational 0uman Ci$hts ( ,ispellin$ the 2yths by ,r Cadhika
Coomaras%amyH A 3alk $i#en at the Colombo Club! Au$ust 201J
Sunila Abeysekera First South Asian 2emorial ;ecture ( A Con#ersation %ith
Sunila by Nimalka FernandoH201I No#ember! ,haka--an$ladeshJ
Posted by Thavam