New Delhi: The appointment of a controversial officer accused of war crimes as Sri Lanka’s Army chief in has opened up a can of worms, with trenchant criticism from the UN Human Rights Council (UNHRC), the US, Tamil parties and civil society.
Lieutenant General Shavendra Silva was appointed as the army chief by President Maithripala Sirisena on Monday, following the retirement of his predecessor.
“The promotion of Lieutenant-General General Silva severely compromises Sri Lanka’s commitment to promote justice and accountability,” UN human rights commissioner Michele Bachelet said in response to Silva’s elevation on Monday.
She also warned that the promotion is likely to “impact Sri Lanka’s ability to continue contributing to UN peacekeeping efforts”. It also “undermines reconciliation efforts, particularly in the eyes of victims and survivors who suffered greatly in the war,” added Bachelet from Geneva.
Earlier this march, the UNHRC passed a resolution giving an extension of two years to Sri Lanka to implement reforms as promised by Colombo originally in 2015.
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Ahead of the resolution, Bachelet had presented a report in which she had highlighted the concerns about appointment of military officers implicated in “alleged serious rights violations”, as well as, lack of progress in setting up a special tribunal.
Bachelet had also specifically named Silva’s appointment as the second-highest army officer in January 2019 as a disturbing matter.
“These (security sector) reforms should include a vetting process to remove officers with questionable human rights records. The recent appointment to a senior position in the Sri Lankan Army of Major General Shavendra Silva, implicated in alleged serious violations of international humanitarian and human rights law, is a worrying development,” the former two-time president of Chile noted on March 20.
Sri Lanakan President Maithripala Sirisena. Credit: Reuters
‘Intentional and indiscriminate attacks’
The 2015 report of the Office of the United Nations High Commissioner for Human Rights Investigation on Sri Lanka (OISL) had accused then Brigadier General Silva, who commanded 58th division in 2009, of “intentional and indiscriminate attacks” against civilians population in Killinochchi, Putumattalan and other areas.
According to the Colombo-based think tank, CPA, Silva’s alleged war crimes, as documented in OISL report, show attacks on “hospitals, No Fire Zones, UN bases and other areas comprising civilians, especially women, children and the elderly”.
The US embassy in Sri Lanka also issued a statement that the allegations of gross human rights violations made against Silva were “serious and credible”. The US was “deeply concerned” about his appointment as Army chief of staff, which “undermined Sri Lanka’s international reputation and commitments to promote justice and accountability,” added the statement.
Statement from the U.S. Embassy on the Appointment of Lieutenant General Shavendra Silva as Army Commander. pic.twitter.com/63XUA4l0oR
— U.S. Embassy Colombo (@USEmbSL) August 19, 2019
A news report in Daily FT on August 20 stated that President Sirisena had been mulling over Silva’s appointment for days and even allowed a day to lapse after the retirement of outgoing chief Lt General Mahesh Senanayake. There was no traditional ceremonial send off and baton passing ceremony, it said.
The newspaper also claimed that Sirisena was “under severe pressure” even from within his own party to not appoint Silva. The United National Party (UNP) was largely divided, but there was an “increasingly powerful faction” that backed him, “highly placed sources” told the Colombo-based media organisation.
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It also reported that Silva’s elevation could jeopardise the rising defence cooperation between the US military and Sri Lanka. The US has been increasing its presence in Sri Lanka’s defence sector as part of its Indo-Pacific strategy.
“Since 2009, US troops have been barred from defence cooperation with Sri Lanka Army divisions named in UN reports as being implicated in war crimes during the final stages of the conflict with the LTTE,” noted the report, recalling the provisions of the 2008 Leahy Law.
Pres @MaithripalaS‘s appt of Maj. Gen. Shavendra Silva, an individual who stands accused of grave crimes, as Army Commander is a serious affront to the #Tamil People. We are deeply dismayed by this appointment – Spokesman @MASumanthiran #lka
— TNAMedia (@TNAmediaoffice) August 19, 2019
Silva had been named in several UN reports since 2011. He was also removed from a UN special advisory group on peacekeeping operations due to these allegations.
In 2015, the Paranagama Commission had also mention Silva in connection with “white flag’ surrender cases and called for further investigations.
The Centre for Policy Alternatives (CPA) also added its voice to the chorus of concerns. It urged the government to “to take immediate steps to review this appointment in light of the serious allegations levelled against Major General Silva”.
“We are disappointed that the present Government, which committed itself to security sector reforms and accountability, has taken no action to address these concerns. Today’s appointment is in effect a repudiation of the promised reforms. It demonstrates a clear disregard for human rights norms, and will facilitate the further entrenchment of impunity in Sri Lanka,” said the CPA statement.