There
are at least five good reasons for the West to re-evaluate its policy on
"internal wars" fought in pursuance of self-determination by
smaller nations within states dominated by larger nations.
Firstly,
such wars are widespread. According to the Oslo-based International Peace
Research Institute, between 1990 and 1995 there have been 97 such wars.
Michael Brown (in his 'Preface' to "Nationalism & Ethnic
Conflicts" MIT Press, 1997) counts thirty-five armed conflicts to
fall within this category. Bernard Q Nietschmann of the University of
California (Berkley) in a paper written in 1985 has estimated 45 conflicts
prevailing at that time to be conflicts of this nature. According to
Neietschmann,
“Most wars since 1945 have not been state against state,
but states against indigenous nations and ethnic groups that are fielding
resistance forces to protect sovereignty, to gain greater autonomy, to
restore national boundaries erased by colonial powers, and to end economic
exploitation and political oppression. (Center for World &
Indigenous Studies, 1985)
Secondly,
such conflicts claim and continue to claim civilian lives in the tens of
thousands. This is mainly because of the attempts by dominant nations,
which control the government and the military to use their superior
firepower to beat the rebelling smaller nation into submission. It is also
due to actions by the rebels to take the war into enemy territory-the
dominating nation's capital by targeting political and economic centres.
Thirdly
such wars often result in rendering hundreds of thousands as refugees.
Although these refugees are deemed "internal" and are not
recognised as refugees under international covenants, invariably many
thousands do find their way to the West! (According to the Joint Statement
issued by fifty-four International Non Governmental Organisations (NGOs)
at the fifty-fourth sessions of the UN Commission on Human Rights in April
1998 there were 850,000 "displaced' people living in appalling
conditions in the North East of Sri Lanka.)
Fourthly,
such wars when prolonged ruin the economy and cause considerable economic
hardship to all.
Fifthly,
such wars when prolonged give rise to an economy based on war, which
provides an economic rationale for the continuation of the war.
Yet,
the West has done little to end these wars. On the contrary Western policy
has been to support the dominant nations in the hope that it may help
preserve the status quo and maintain "stability". The net result
has been to further prolong the war and the destabilization of the entire
region.
It
is the writer's contention that it is time the West reviews its policy to
help end these so called "internal wars".
The
war in Sri Lanka, in fact, is a classic case exhibiting all of the above
consequences. The West's' collective response to this war too has been
typical. The Tamil rebels are deemed "terrorist" by the US State
department and the "Green Berets" have been dispatched to
provide training to the Sri Lankan military. The Australian Government's
policy has been to support the Sri Lankan Government in that the
atrocities committed by the Sri Lankan regime are pointedly ignored while
the Tamil rebels are condemned for acts of violence. This is so despite
mounting evidence of the genocidal nature of the Sri Lankan Government's
actions. Canada and the UK are more circumspect but their policies are no
different. The West European countries (Germany, France and Switzerland)
home to over 250,000 Tamil refugees have remained aloof despite having to
pay an economic price. Meanwhile, the West in general is bankrolling the
war by providing aid and loans through various institutions.
The
nature of the conflict
In order to formulate a policy, the West needs to understand the
nature of the conflict.
Most
importantly they need to understand that these conflicts are not about
minority rights. Nor are they about fostering multi-ethnic pluralistic
societies. Here the West needs to refrain from drawing a parallel between
societies being forged in Australia, Canada and to some extent in the USA
where ethnic minorities have willingly embraced a dominant culture, its
institutions and way of life to situations where so called 'ethic
conflicts' are now underway.
It
ought to be understood that countries like Sri Lanka are multi-national
states in which the dominant nation has sought to impose its rule by
crafting the constitution to institutuinalise its dominance by
deliberately ignoring the reality that those deemed 'minorities' are a
nation in their own right in possession of a distinct culture, language
and most importantly territory or homeland.
In
this context Western policy makers need to understand what has been said
about people who regard themselves to be a distinct nation. It is also
here that Western policy makers need to note the assessments by some of
their own academics who have developed the concept of "fourth
world" or 'underrepresented nations" to describe this phenomina.
According to Griggs(The Meaning of 'Nation' and 'State' in the Fourth
World, University of Capetown, Copyright 1992, Center for World
Indigenous Studies) "A convenient shorthand for the Fourth World
would be internationally unrecognized nations." He points out
that these nations represent a "third of the world population
whose descendants maintain a distinct political culture within states,
which claim their territories. In all cases the Fourth World Nations are
engaged in the struggle to maintain or gain some degree of sovereignty
over their national homeland" (Griggs, 1992, Pg 3).
By
treating these conflicts as "internal" the conflict may be
masked but not understood and resolved.
It
is therefore important for Western Policy makers to realise that while to
the dominant nation those who resist their dominance are seen as 'rebels',
"terrorists' "bandits" "separatists" and
"extremists", to the fourth world nations who seek independence
or political autonomy they are soldiers,
fighters and warriors.
Unfortunately
to the West, it is states that declare war, while (Fourth world) nations
declare terrorism.
This
has to change.
Treatment
of the combatants
The West's treatment of the combatants flows from this flawed
understanding of the conflict.
Western
policy makers have tended to regard the 'State' notwithstanding its total
control by and identification with the dominant nation to be the
legitimate entity. This understanding needs to be re-evaluated. Instead,
serious consideration should be given to the interpretation by Bernard Q
Nietschmann who has pointed out that " States are the political
apparatuses that unite (sometimes forcibly) different peoples and nations
into one internationally recognized political and territorial entity.
Nations, conversely, are made up of a self-identifying people, often
united by a common language, religion and political consensus, who occupy
all or part of an ancestral territory."
The
treatment of the combatants (in the case of Sri Lanka, the Government and
the LTTE) must reflect this view. In other words, the West needs to treat
the combatants as equals who are in conflict because of their respective
desires to dominate and resist this domination.
Equal
treatment does not mean merely paying lip service to the concept or
issuing blanket statements condemning violence by all parties. It could be
more constructive in that actions are designed to monitor the situation to
ensure that international covenants covering armed conflict are observed
by both parties. It could also include the condemnation of war crimes and
genocidal violence irrespective of the perpetrators.
When
such treatment is genuinely neutral international governments may find
themselves being in a position to play a role in mediation.
Political
Solution
It ought to be realised that a political solution to such conflicts
will have to involve invoking the right of self-determination. A right
that has been stipulated in Article 1
of the International Covenant on Social, Economic and Cultural Rights (ICESCR)
and the International Covenant on Civil and Political Rights (ICCPR), and
reads as follows: "All peoples have the right to
self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural
development."
In
the case of the Tamil people this right was exercised when they voted
overwhelmingly at the General Elections in 1977 to restore sovereignty.
Justice
Marcus Einfield, former Chairman of the International Commission of
Jurists and one of Australia’s leading Human Rights activists believes
self-determination to be the key. Addressing a conference co-sponsored by
the Australian Human Rights Foundation on “Peace with Justice in Sri
Lanka”, Justice Einfield identified the Tamils' call for
self-determination to be "at the heart of the war" and
called on the international community of states to respect "the
plea by the Tamils for self-determination". ( Edmund Barton
Centre, Canberra, June 1996)
In
this context one cannot ignore that the Australian government's 'historic
shift' in policy to recognise East Timor's right to self-determination was
a factor forcing Indonesia to consider
granting East Timor political autonomy, or even independence.
As
we are about to enter the 21st century, our understanding of
political sovereignty given the increasing globalization of the world
economy has to be regarded afresh. It ought to be realised that it is
possible to develop new associative structures where entities can enjoy
political independence while maintaining economic interdependence.
The
West can help develop and forge such structures which can not only end
conflicts but promote the global economy.
More
specifically in the case of the situation in Sri Lanka, the West can take
the following measures that may help bring peace.
Firstly, signal to the Sri
Lankan Government that economic and moral support will not be given
unconditionally while it continues with the policy of "beating the
Tamils" into submission.
Secondly, help bring about
an immediate end to the hostilities by persuading the Sri Lankan
Government withdraw its troops from the Tamil Homeland.
Thirdly, recognise the
Tamil right to self-determination as the basis for a negotiated political
solution.
Fourthly, explore associate
structures under which larger and smaller nations could co-exist.
It
is this writer's assessment that once the Sri Lankan Government realises
that it cannot escape condemnation by the West and that the West will no
longer continue with its unconditional support to the annihilation of the
Tamil nation in the Island of Sri Lanka, it (Sri Lankan Government) will
have no other choice but to seek an end to the conflict.
The
West which had taken the moral high ground in pressuring the Serbian
Government to end its oppression of the Kosava Albanians cannot continue
to support the Sri Lankan regime which has been shown to be as cruel as
the Milsovich regime. The assessment by Kissinger, who in a recent article
(Sydney Morning Herald, 2 April 1999) referred to Sri Lanka as one of
those places "where infinitely more casualties have been incurred
than in Kosovo" highlights
this point.
Ana
Pararajasingam
Secretary,
Australasian Federation of Tamil Sangams
November, 1999