Sunila Abeysekera Commemoration Speech by Nimalka Fernando

8/11/2019 Sunila Abeysekera Commemoration Speech by Nimalka Fernando

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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$anised last year by San$atthe 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& er %ork and li'e %as this ourney& She took di cult and darin$

options in this ourney& * am %ell a%are that many persons lookin$ at

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Sunila 'rom a'ar %ould not ha#e understood this %oman& any 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& ay 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$e 'romher thinkin$ %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 8 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$& y

re?ections %ill be based on %hat she %as deeply committed to to%ardsprimarily protectin$ and promotin$: human ri$hts born out o' her

e)periences 'rom the 8 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$h she and * %ere students atishop4s Colle$e %e struck a 'riendship only a'ter %e le't the colle$e as

collaborators o' the "omen4s Action Committee 'ormed in 19 0& 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 19 9 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 others Front in the South& * am

sure is =)cellency ahinda a apakse %ill ha#e many memories o' Sunila

durin$ this period as he %as also a champion a$ainst disappearances and

claimed that D e %ill e#en $o to the ,e#il4s mother to +nd ustice 'or the

'amilies o' the disappeared4& "hile the youn$ ahinda 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

*NFE ,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 inreco$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 N le#el %hich spoke about the

need to protect human i$hts de'enders& =laboration o' the ,eclaration on

human ri$hts de'enders be$an in 19 and ended %ith the adoption o' the

te)t by the General Assembly in 199 ! on the occasion o' the +'tieth

anni#ersary o' the ni#ersal ,eclaration o' uman i$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 6 Declaration on the

Right and Responsibility of Individuals, Groups and Organs of

Society to Promote and Protect niversally Recogni!ed Human

Rights and "undamental "reedoms 7 &3his lon$er title is 're>uently

abbre#iated to 6 The Declaration on human rights defenders 7&*n

adoptin$ the special ,eclaration on the i$hts and esponsibility o'*ndi#iduals! Groups and Er$ans o' Society to romote and respect

ni#ersally eco$nised uman i$hts and Fundamental Freedoms the

nited nations has taken a $reat leap 'or%ard& *t is clear that the N $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& o%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 i$hts&

oreo#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 nion 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/ C/1I/22 para& 2J&

For instance in 2012 the statement made publicly by a Cabinet inister 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 nited Nation on eprisals A$ainst those collaboratin$ %ith the N

System& p to date the N 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$ntyK "hy is the N takin$ 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 i$hts! %hich

establishes the obli$ation o' States to $uarantee to all indi#iduals %ithintheir territories and sub ect to their urisdiction the ri$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$hts in#esti$atin$ alle$ed #iolations prosecutin$

alle$ed perpetrators and pro#idin$ de'enders %ith remedies and reparation

HA/LM/22I para I J&

=)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 andthreatenin$ 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

i$hts& 3he StateDs duty to protect all human ri$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 a rms that

this duty should be applied at all times HA/LM/22I para& I1J

3he ,eclaration rea rms 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/2 Anne) para 2J& ead %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&

ecent 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 a rmation 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' ,s as %ell as the le$itimacy o' their action 'or the

promotion and protection o' human ri$hts& 3he protection o' de'enders iscentral to the promotion o' human ri$hts! the de#elopment and

stren$thenin$ o' democracy and the respect 'or the rule o' la%&

n'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 nited Nations system not only pro#ided a declaration but also

e>uipped the international community %ith an e<ecti#e mechanism! %iththe appointment o' a Special epresentati#e on uman i$hts ,e'enders in

the year 2000& 3his %as a measure on one hand to monitor the situation o'

the ,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 a#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 suchperpetrators is a clear #iolation o' article 12 o' the ,eclaration on uman

i$hts ,e'enders& Addressin$ the issue o' impunity is a key step to ensurin$

a sa'e en#ironment 'or de'enders HA/ C/1I/22 para& 2J& 3he ri$hts

enshrined in the *nternational Co#enant on Ci#il and olitical i$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/ C/1I/22 para& IJ&

3his aspect assumes $reat importance to us in Sri ;anka& ost o' the

incidents that ha#e taken place in the North ha#e been committed by

unidenti+ed persons includin$ the $rease yakkas %ho pro%led around in theNorth and =ast harassin$ %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 uman i$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/ C/1I/22 para& and A/LM/22I

para& 2J&

*n addition! the ,eclaration rea rms 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 uman i$hts ,e'enders story& n'ortunately in our country nobody



bothers about the international la%s and policy 'rame%orks& "e continue

to remain as a member o' the nited 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 19Q Constitutionha#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 1 th 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 ;; C! *C C 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 nited Nation *CC

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 19 9 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#ebroadcasts 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

ethods 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' uki 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 N

esolution %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$hts in Sri ;anka a third narrati#e has6appeared7 %hile there is also an 6en$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 uben

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& n'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'

itler that the lea$ue o' Nations #o%ed that such carna$e should not

happen in the %orld a$ain& 3his $a#e birth to the ni#ersal ,eclaration o'human i$hts %hich %as endorsed and appro#ed today by all the nations o'

the %orld includin$ all the Asian States& uman ri$hts! rooted in the nited

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 nited Nations #oted 'or the ni#ersal



,eclaration o' uman i$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 #isibleand 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 (

S 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 o cials& @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 di cult& 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 nion 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$ned and rati+ed the N Charter! the*nternational Co#enant on Ci#il and olitical i$hts! the *nternational

Co#enant on =conomic and Social i$hts! the Con#ention A$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 nited Nations o ce 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 $oals& For us! %hether there is aesolution on Sri ;anka at the N uman ri$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 S N*;A 'or allo%in$ me ramble on& "e miss you

#ery much&



e'erences

• ,eclaration on uman i$hts ,e'enders• *nternational uman i$hts ( ,ispellin$ the yths by ,r adhika

Coomaras%amyH A 3alk $i#en at the Colombo Club! Au$ust 201 J• Sunila Abeysekera First South Asian emorial ;ecture ( A Con#ersation %ith

Sunila by Nimalka FernandoH201I No#ember! ,haka- an$ladeshJ

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Sunila Abeysekera Commemoration Speech by Nimalka Fernando