Water woes of Rathupaswala still continue

13 August 2015 10:00 pm Views - 7880

No clean water to some, no compensation paid to the victims 

“It was a protest organized by those in the neighbouring villages of Weliveriya asking for clean water. I too went to attend the protest. There were no issues and it was a relatively peaceful protest. But in the afternoon the army turned up with guns and large sticks. Around 6 p.m., they ordered the protesters to disperse. There was a bit of tension when they asked us to leave. Suddenly, the army started shooting. I was shot in my hip and fell to the ground,” K. Melan Perera said, running his mind back two years.

Melan Perera, a three-wheeler driver in Weliveriya, is a victim of the Rathupaswala shooting incident on August 1, 2013. 

On the morning of that fateful day, a large protest had started in Rathupaswala, Weliveriya and Belummahara. For months, the villagers had been protesting against a water crisis they faced. They were demanding that the Rubber Gloves Factory called Venigros in the Nedungamuwa area be shut down because they claimed that the factory waste was polluting the groundwater in the area and that the water was unfit for drinking, cooking and cleaning purposes. They said, because of the chemicals released by the factory, the PH count of the water had dropped and the water had turned acidic and poisonous. The villagers had continuously asked for a supply of clean water but no solution had been given thus far. 

The protest, which saw around five thousand people gathering on the street on that day, had caused roads to be blocked, leading to traffic. The police was deployed in Rathupaswala, Weliveriya and Belummahara to ensure that it did not turn violent. 

However, in the afternoon, the army had turned up in these areas in addition to the police. This had made some of the protesters angry. Towards the evening, the army had asked the protesters to disperse within ten minutes. At the time, tensions had flared high and there were verbal exchanges between some of the army soldiers and the protesters. Suddenly, the army had opened fire on the protesters. Within minutes, the protest location had turned into a battleground. The soil of Rathupaswala turned red with the blood of three young lives – two of them schoolboys - that were sacrificed in the incident and thirty six civilians who were injured. 

Meanwhile, it was also revealed that the army had assaulted the media personnel who were present and had damaged their equipment. In a brutal manner, they had also followed and attacked those who ran into the church in the Weliveriya junction to escape from the so-called ‘long arm (and guns) of the law’. 
“There was no reason for the army to open fire at the time; in fact there was no reason for them to be there at all. The protesters did not cause any issues. The army claimed that they heard shots being fired and the protesters had turned violent but that was not true. There was tension because the army asked us to leave suddenly and clashed with the protesters,” claimed Melan who is an eyewitness and an unfortunate casualty of the incident. 
He said that following the shooting, there was absolute chaos. 

“People were running here and there, there was absolute confusion. Some were on the ground and screaming for help. The army started assaulting the protesters, forcing them to run. By that time, I had been shot and was not able to move,” he recalled the painful memories from that day. 
No compensation to the injured 

Following the incident, Melan was taken to the Gampaha Hospital from where he was transferred to the Colombo National Hospital. His hip bone had to be replaced and he spent four and a half months in the hospital. 

“I have a young son and daughter who are still in school. I am the breadwinner of the family but because of my injury, now I am unable to work as I did before. I cannot even walk 200 metres. I had my own three-wheeler,  but during the months that I was in the hospital I could not pay the lease so it was seized. Now, I have rented my friends’ three-wheeler. Even though the Government paid for my surgery and medicine, they did not pay to sustain myself or my family. My hip bone has to be replaced in 15 years. In the meantime, if it breaks, my life could be in danger,” Melan said, highlighting the difficulties that are constant in his life for two years now. 




He complained that as a victim, he was not paid any compensation from the Government or the Forces. 

“It was just not my life that was crippled by the incident – my entire family is suffering because of my situation. However, I was not even paid a cent in compensation to this day,” he claimed. 

Melan is not the only victim whose life was changed drastically by one or two  bullets. 

Shantha Kumara is another tragedy of the Rathupaswala shooting. 

“I took two bullets, one to my face and one to my stomach. I was one of the first people to get shot. I was shot in the face and fell to the ground and when I tried to stand they shot me in the stomach. I was in the Colombo National Hospital for over a month but it was very difficult. I had no income and it was very inconvenient for my family to visit me in Colombo, so I got myself discharged,” he related his experience. 

Shantha Kumara lost all his teeth when he was shot in the face; his jaw had to be replaced. As a result, his face is permanently disfigured. His speech is garbled. He has trouble eating and has to consume all his meals with a small spoon. One of his eyes does not close at all. His eyes are constantly tearing up as if testimony to his never-ending misery. 

“I have two children. One was due to sit for the A/L examination at the time but because of my condition, she could not do so; instead she had to find a job because I could not work as I had done before,” he claimed. 

Shantha was working as a labourer and did odd jobs for a living. But now, he finds it difficult to find work. He said he sometimes helps in the fish store at the Weliveriya junction but he has no steady income. “The factory paid for my medical expenses but I did not receive any compensation. I live in so much agony every single day. What is worse is that I cannot provide for my family. I wish the authorities would do us some justice,” he pleaded. 

W. P. Jude Nishantha too was dealt a similar hand on that day. He said he was shot in his lower back and because of the problems at home he discharged himself in two days and then took treatment from a private medical practitioner. 

“I used to do odd jobs and  find my living daily. But now, because of my condition I cannot work hard as I used to. I get fainting spells from time to time. I also suffer from a backache. Now I drive a three-wheeler. I have two children. The income is barely enough for us to get by, let alone pay for my treatments,” he claimed. 

He added that he too had received no compensation from the Government or any other party after the incident. 

“The factory gave me Rs. 25,000 to stop protesting. After I spoke to the media, they asked for the money back,” Jude noted. 

He added that even though he lodged a complaint at the police, nothing has been done about the injustice committed against him and many others like him. 
Still no clean water to some 

To make matters worse, some, including Jude, still have no access to clean water. It was learnt that while about half of the people in the area were given pipe water for a concessional rate of Rs. 3,000/-, certain areas still have not received pipe water. It was highlighted that the programme to give pipe water connections at a concessional rate has been stopped abruptly. 

“I am from the Uruwela, Nadungamuwa area. There are about 1,500 families living there but none of us have pipe water. They have not even laid the pipes yet. When we tried to talk to the Water Board about this, they said that they had stopped it for the time being. We still use well-water. They don’t even check our water anymore once they see our addresses,” he accused. 

He added that most of the villagers did not speak out because they had been intimidated into silence. 

Meanwhile, Suresh Perera, the convener of the ‘Siyane’ Environment Protection Movement (Siyane Parisaraya Surakeeme Ekabaddha Sanvidanaya) too confirmed that some of the villagers in the area still did not have pipe water and access to clean water. 

“After the incident, they promised they would give us pipe water for the concessional rate of Rs. 3,000. Twenty eight Grama Niladhari areas have been affected by the problem. They gave water to around 12 of them but more than half of them are yet to receive pipe water. They have stopped the concessional pipe water programme now without any explanation. This is extremely unfair,” he highlighted. 

He added that the problems of the villagers were still not solved. 

“Many people are suffering from various ailments including the Kidney Disease because of the water crisis. Even the paddy fields in the area have been contaminated and are not harvestable. Many families have left the area because of this. They promised to solve this issue within three months but that has not been done. They still have not taken sufficient steps to rectify the matter. I think this is because they are afraid that if they try to investigate this problem too deep, their past mistakes would come up, so they are trying to simply cover them up,” he alleged. 

Speaking about the background of the issue that led to the tragic incident two years ago, Suresh said that the villagers had started noticing a difference in the water for years. 

“The water had a strange taste and it makes the skin and throat burn. Some people got rashes from the water. After checking the water, it was discovered that the water was contaminated with high levels of chemical elements such as nitrate and sulphate and the Ph count has dropped low. We informed the relevant authorities including the Ministry of Health, Pradeshiya Sabha and other officials, but no action was taken. Finally, we decided to get on the streets to get a solution. Therefore, starting on July 27, we had a series of meetings and protests against the issue,” he said. 

He added that on the day of the incident, Gotabaya Rajapaksa and several other high officials had met up to discuss the situation and had promised to give solutions. He alleged that the former all-powerful Defence Secretary was aware of the plan to shoot the protest even though Mr. Rajapaksa has denied the claim. Suresh also claimed that many more than 36 civilians were injured and people did not report the injuries because they were afraid. 

Suresh also demanded that the recommendations outlined in the HRCSL report be implemented with immediate effect. 

HRCSL Report on the Rathupaswala Shooting Incident 

The report of the Human Rights Commission of Sri Lanka (HRCSL) on the Rathupaswala shooting incident was completed last year. Copies of the 2014 investigation report prepared by Chairman of the HRCSL, former Supreme Court Judge Justice Priyantha R.P. Perera, Human Rights Commissioners, Jezima Ismail, Dr. Sri Warna Prathiba Mahanamahewa, T.E. Anandarajah and Dr. Bernard de Zoysa, was sent to the former President’s Secretary, former Secretary to the Ministry of Defence, Secretary to the Ministry of Justice, former Secretary to the Ministry of Law and Order, the Attorney General, the former Army Commander and the Inspector General of Police in May last year. The final report was handed over to President Maithripala Sirisena in January this year. It was also submitted to Prime Minister Ranil Wickremesinghe and Justice Minister Wijeyadasa Rajapakshe.

According to the report, the Army is held responsible for the three deaths and the 36 injured in the shooting. It observes that the Army have misused and exceeded their powers in dispersing the protestors. It notes that it is the democratic right of citizens to peacefully protest against issues facing them. The report also says that the Army has misused and exceeded their powers in attacking journalists and those who ran into the church to escape and that they had used tear gas and water canons only after the shooting had occurred. 

The report further notes that while the police was not involved in the shooting or the assault, there is a discrepancy among various statements given by the police with regard to who asked the army to be deployed. It recommends that an inquiry should be carried out to investigate who gave the orders to shoot at civilians. It says that disciplinary action should be taken against commanding officers, chief officers and officers of the Army who participated in dispersing protests in areas of Weliweriya and Belummahara and those who shot the unarmed protesters without higher orders. 

It further recommends that the compensation should be paid to the families of those who lost their lives and those who were injured as well as the journalists who were attacked. 

Actions taken so far 

According to the information gathered, it is evident that the factory in question has closed down its operations in the area. Furthermore, it was confirmed that the families of the two school boys who died in the shooting have been given Rs. 1 million each as compensation for their loss. Furthermore, several areas have been provided with pipe water for a concessional rate. 

However, there is still much more to be done for the people. According to the recommendations of the HRCSL report, the wounded victims need to be paid compensation. The villages that have not been provided with clean water need to be given access to pipe water. An inquiry should be conducted about the army personnel who are alleged to have misused their power and necessary action need to be taken against those responsible. And the question who gave the order to shoot at the protesters need to be answered immediately. 

“Who gave the order to shoot? That needs to be investigated” – State Minister of Defence 

State Minister of Defence, Ruwan Wijewardene said that the armed forces who were present at the protest cannot take the sole responsibility for the shooting. 

“It was the democratic right of the people to protest since the politicians did not give solutions to their problem. What needs to be investigated is who called the Army to disperse the protest and who gave orders to shoot. According to the law, the Inspector General of Police should request the Army’s assistance if it is needed but that did not happen at this instance. This shows that there was a higher political hand at work here. It was alleged that it was the former Defence Secretary Gotabaya Rajapaksa who gave the order to shoot, so this is something that needs to be looked into. The army officers who were present cannot take the sole responsibility. An internal investigation from the Ministry of Defence on this matter will be taken up and we will take action against those who are found guilty. Meanwhile, steps should also be taken to pay compensation to the victims,” he said. 



“We will release the army report on this matter soon” - Army Spokesman 

Commenting on the allegation that the Army misused and exceeded their powers the Army Spokesman Brigadier Jayanath Jayaweera said that the Army’s response and stance would be released to the media this week. 

“We will release our stance on this matter to the press this week. We were planning to do it last week but since it is a very serious and complicated matter, we needed some time,” he said. 

Asked about the allegation that the injured victims have not been paid compensation, he said that since the Court case was still going on, he was not able to comment on the issue. 

Meanwhile, several attempts to contact former Defence Secretary Gotabaya Rajapaksa regarding the allegations failed.