The general sat on a
plastic lawn chair in the garden of his mother's home, the scent of tropical
blooms filling the air as he talked about the alleged rape and sodomy of a
Haitian teenager by a Sri Lankan peacekeeper.
Associated
Press report continues:
There
was no rape, insisted Maj. Gen. Jagath Dias, who was dispatched to Haiti to
investigate the 2013 case. He may not have been the best choice for that job -
Dias had been accused of atrocities in his own country's vicious civil war.
Dias
didn't talk to the accuser, he told The Associated Press, nor did he interview
medical staff who examined her. But he did clear his soldier, who remained in
the Sri Lankan military.
It
wasn't the first time that Sri Lankan soldiers were accused of sexual abuse: In
2007, a group of Haitian children identified 134 Sri Lankan peacekeepers in a
child sex ring that went on for three years, the AP reported in April.
In
that case, the Sri Lankan military repatriated 114 of the peacekeepers, but
none was ever jailed.
In
fact, Sri Lanka has never prosecuted a single soldier for sexual assault or
sexual misconduct while serving in a peacekeeping mission abroad, the AP found.
The
alleged abuses committed by its troops abroad stem from a culture of impunity
that arose during Sri Lanka's civil war and has seeped into its peacekeeping
missions. The government has consistently refused calls for independent
investigations into its generation-long civil war, marked by widespread reports
of rape camps, torture, mass killings and other alleged war crimes by its
troops.
The
U.N. has deployed thousands of peacekeepers from Sri Lanka despite these
unresolved allegations of war crimes at home. This is a pattern repeated around
the world: Strapped for troops, the U.N. draws recruits from many countries
with poor human rights records for its peacekeeping program, budgeted at nearly
$8 billion this year.
An
AP investigation last month found that in the last 12 years up to March, an
estimated 2,000 allegations of sexual abuse or exploitation have been leveled
at U.N. peacekeepers and personnel. That tally could change as U.N. officials
update their records and reconcile data from old files.
Congolese
troops also have been accused of war crimes during their own longstanding war.
As peacekeepers in Central African Republic, at least 17 have been accused of
sexual abuse and exploitation. The situation in Congo, meanwhile, is so complex
the country is hosting a U.N. peacekeeping mission to manage its own violent
conflict while also sending personnel on peacekeeping missions to other
countries.
Former
U.N. Secretary-General Kofi Annan understands the predicament. When fighting
gripped Rwanda, he struggled to find peacekeepers to help stem what would later
become a mass slaughter that killed an estimated 800,000 people.
"Sometimes
the U.N. needs troops," Annan told the AP earlier this month. "And
they are so desperate that they accept troops that they will normally not accept
if they had the choice."
___
RAPE
CAMPS
In
the case of the Haiti sex ring, nine children told U.N. investigators of being
lured into having sex in exchange for food and then being passed from soldier
to soldier. One girl said she didn't even have breasts when she first had sex
with a peacekeeper at age 12. Over the course of three years, another child
said he had sex with more than 100 Sri Lankan peacekeepers, averaging about
four a day.
The
allegations of sexual abuse by Sri Lankan peacekeepers echo those of the
country's generation-long civil war against the ethnic Tamil rebel group, known
as the Liberation Tigers of Tamil Eelam, which was fighting for an independent
homeland in the island nation's north and east. Eight years after the war
ended, people are increasingly coming forward to give horrific accounts of
camps where they say they were tortured and gang-raped.
One
Tamil woman said in testimony shared with the AP that she was kidnapped by
masked men in plain clothes and taken blindfolded and gagged to what she
thought was an army camp.
"He
removed all my clothes and forced me down on a mattress on the floor and tied
both of my hands and legs apart with a nylon rope to iron bars on both sides of
the mattress," she said. She was held for about two months, and repeatedly
raped.
She
described another of her tormentors, who was brought into the room she shared
with four other girls. "He was asked to take his pick," she told the
International Truth and Justice Project, which issued a 57-page report in March
documenting the alleged torture or rape of 43 people, some as recently as
December. "He looked around and chose me. And took me to another room and
raped me."
She
identified him from a series of photographs of soldiers. The AP found that the
man, an officer, went on to become a U.N. peacekeeper.
The
woman asked to remain anonymous for fear of retribution. The Sri Lankan army
and the government declined to comment on the report.
Sri
Lanka has routinely denied that its forces have been involved in widespread
torture or abuse. In interviews with the AP, Sri Lankan officials pointed to
their new peacekeeping role in Mali as evidence that their military is beyond
reproach.
"If
Sri Lanka is being invited to do this job, then that means all those issues
have been dealt with in a way that everybody's comfortable with," Deputy
Foreign Minister Harsha de Silva said.
That's
not exactly how the U.N. sees it.
Zeid
Ra'ad Al Hussein, the U.N.'s High Commissioner for Human Rights, said the U.N.
had few offers when it went looking for peacekeepers to protect convoys in
Mali, one of the most dangerous U.N. missions in the world.
"The
only ones who offered soldiers were the Sri Lankans," he said.
Countries
with better trained troops and human rights records have been reluctant to
offer personnel for peacekeeping since 1993, when 18 American troops were
killed in Somalia. The deaths were considered to be a key reason why the U.N.
struggled to find help ahead of the Rwanda genocide in 1994.
Robert
O. Blake, who was the U.S. ambassador to Sri Lanka from 2006 to 2009, was one
of many officials who pressed the Sri Lankan government for more transparency
about the war crimes allegations.
"As
a peacekeeper, you are there to keep the peace," Blake said in an
interview last month. "If they themselves are guilty of atrocities,
clearly they are not suitable candidates for peacekeeping operations."
___
WHAT
CHILD SEX RING?
The
mustachioed general Dias gently batted at mosquitoes swirling in the damp heat
of his mother's garden as he described the barrage of allegations against Sri
Lanka's soldiers as unfair. The fact that few soldiers are ever prosecuted, he
said, shows that few have done any wrong.
"We
can't talk about an allegation. If there are facts, then let's talk about
it," he said in the interview with the AP. "If a soldier has raped a
woman, he should be court martialed, no doubt about it. But where is the
evidence? Allegations are just allegations."
Dias
led an army division whose troops were accused of attacking civilians and
bombing a church, a hospital and other humanitarian outposts in 2009, during
the fierce last months of Sri Lanka's civil war. He flatly denied the
allegations, telling the AP that his 57th Division only targeted areas where
rebels were firing on the troops.
Yet,
evidence presented against Dias by two human rights groups in Europe led
authorities to threaten a criminal investigation in 2011 while Dias was serving
as a deputy ambassador to Germany, Switzerland and the Vatican. He was soon
recalled to Sri Lanka, and two years later was sent to investigate the alleged
rape by a Sri Lankan peacekeeper in 2013.
"A
suspected war criminal is the wrong person to conduct an investigation into
alleged crimes committed by a peacekeeper," said Andreas Schuller with the
European Center for Constitutional and Human Rights, a Berlin-based group that
helped launch the complaint.
In
2015, the Sri Lankan government promoted Dias to army chief of staff - the
country's second-highest military post. He retired a few months later and now
runs a private security business.
Dias
was not involved in the Haiti child sex ring investigation in 2007, when U.N.
and Sri Lankan officials interviewed nine child victims who identified photos
of at least 134 soldiers as their abusers. But Dias disputed both the U.N.
investigative report's findings, as well as his own government's.
Instead,
he suggested that "an outside party" linked to the Tamil rebels was
likely conspiring to damage Sri Lanka's reputation.
"None
of the cases was, to my knowledge, serious at all. And none of the soldiers was
ever prosecuted," Dias said. "We didn't find any person guilty on
those accusations, right?"
Yet
following the report, Sri Lanka repatriated 114 of the troops. "I don't
think that was a good decision," Dias said.
After
months of stalling, Sri Lanka finally acknowledged in a statement to the AP
that its military had acted against just 18 soldiers implicated in the sex
ring, and said that the U.N. considered the matter closed.
The
statement did not acknowledge that the U.N. investigation had implicated at
least 134 men. It also contradicted another government statement four months
earlier: that the army had dismissed one soldier, forced an officer to retire
and imposed unspecified disciplinary action or punishments on 21 others
"based on the gravity of the offenses committed," according to an
affidavit submitted to the U.N. Convention against Torture, a body that
regularly monitors human rights conditions.
The
U.N., which corroborated the findings against the peacekeepers, says it does
not know what happened to the children abused in the sex ring.
___
A
LEGAL BLACK HOLE
U.N.
sexual abuse in Haiti and elsewhere has threatened to shrink financial
contributions for peacekeeping, particularly from the United States, which
provides nearly 30 percent of the budget.
After
the AP published its investigation into the Haiti child sex ring last month,
U.S. Ambassador Nikki Haley warned the U.N. Security Council that
"countries that refuse to hold their soldiers accountable must recognize
that this either stops or their troops will go home and their financial
compensation will end."
Part
of the problem is that the U.N. lacks legal jurisdiction over its peacekeeping
force, which now has more than 110,000 personnel, and instead relies on member
states to prosecute crimes by their own troops.
That
means that justice for victims is often elusive, while the U.N. and troop-contributing
nations can dodge blame when things go wrong.
Philip
Cunliffe, a lecturer at the University of Kent and editor-in-chief of the
International Peacekeeping journal, called the situation "a product of
mutual convenience."
"Both
sides are in a position where they can blame each other, which means that
there's no accountability ultimately," Cunliffe said during an interview
in the verdant commercial capital of Colombo.
Last
year, the U.N. announced it would not be accepting any more Burundian police to
the mission in the Central African Republic because of allegations of serious
human rights violations in their homeland, and that the military deployment was
under review.
Now,
for the first time, the U.N. is undertaking expanded screening for individual
Sri Lankan recruits, a process previously seen only on a much smaller scale for
recruits from Burundi and Congo.
When
plans for a peacekeeping deployment to Mali were announced last year, both the
U.N. and Sri Lanka suggested that nearly 1,000 Sri Lankan soldiers be included.
That number has since been whittled to 200, Sri Lankan Brigadier Jayantha
Gunaratne told the AP.
The
military said the sharp reduction was driven by a lack of necessary equipment.
But a number of the troops also hadn't passed the vetting, said Atul Khare, who
heads the U.N. department that oversees the conduct and discipline unit. The
enhanced vetting now looks at whether Sri Lankans recruits were attached to any
battalions or contingents linked with alleged war crimes.
Khare
declined to say how many had been refused.
"I
would not want to comment on those who have been rejected, but yes - we have a
strong policy of screening," Khare said. "Does it mean that we
succeed in the screening 100 percent of the time? No."
___
"WE
ARE SHOCKED"
In
a jungle clearing about a two-hour drive from Colombo, a loudspeaker played the
sounds of whooshing helicopter blades as dozens of peacekeeping recruits fanned
out for a practice run, loading cargo into a small white sedan standing in for
the chopper.
Instructors
at the training camp, a two-hour drive from Colombo, said they have taken steps
to address the risk of sexual abuse and exploitation since the child sex ring
scandal in Haiti.
"That
was a black mark for our U.N. deployment," said Lt. Col. Tiral de Silva,
the camp's chief instructor.
But
even de Silva said he was unaware of what actually had happened. "My
understanding was it was the misbehavior of a few individuals."
Tamil
lawyer K.S. Ratnavale, who recently argued for a rare conviction of three soldiers
for gang rape, said prosecuting members of Sri Lanka's popular military is
often impossible due to victim intimidation, a lack witnesses and poor evidence
collection.
"We
are shocked that the United Nations is encouraging these undisciplined and ruthless
soldiers and deploying them in their peacekeeping force," Ratnavale said.
The
U.N. recently lauded Sri Lanka for its "best practices" after the
country agreed last year, under pressure from the U.N. Department of
Peacekeeping Operations, to a onetime payment of $45,243 for a girl fathered by
a Sri Lankan commander stationed in Haiti.
Sri
Lankan Defense Secretary Karunasena Hettiarachchi, who signed the payment order
last summer, told the AP he knew little about the paternity payment, or whether
there had been any other such claims on Sri Lankan peacekeepers.
He
said, "I think in general we don't have a bad record of our
peacekeepers."
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