For its genocidal human rights violations
by Thambu Kanagasabai , LLM [Lond.] Former Lecturer in Law – University of Colombo, Sri Lanka, October 22, 2018
Sri Lanka’s dismal record of human rights violations, abuses, encouraged by an institutionalized culture of impunity, commenced its journey in 1956 and is continuing undeterred and unpunished through local and/or international judicial mechanisms.
The targeted brunt of the crimes and abuses has been the minority communities, mostly Tamils. It is a sad chapter in the history of United Nations, UNHRC and UN Security Council which – though fully aware of all the atrocities happenings in Sri Lanka inflicted by the Sinhalese dominated security forces in 1958, 1971, 1971, 1977, 1983, 1987 and from 2006-2009, including about 196 massacres of civilians at various occasions from 1958 to 2009 – yet they failed to stop, or prevent them by having closed their doors for swift preventive and/or deterrent action.
The Sri Lankan Governments emboldened and encouraged by the deadly silence of United Nations and International Community have been implementing their agenda of militarization, Sinhalization and Buddhisisation aimed at making Sri Lanka a PURE BUDDHIST-SINHALA STATE by reducing and finally eliminating the identities of minorities. All the Sinhala political parties and the Maha-Sanga and Buddhist Clergy are working unitedly to achieve this obvious goal while only showing their disunity in the competitive race to capture the ruling political power.
The war between Liberation Tigers of Tamil Eelam and Sri Lankan Security Forces between 2006 and 2009 resulted in the decimation of Liberation Tigers of Tamil Eelam accompanied with all shades and forms of human rights violations viz genocidal killings, crimes against humanity, violations of humanitarian laws and structural genocide. United Nations, UNHRC, UN Security Council and International Community watched the commission of above crimes with stony silence. United Nation’ s former Secretary General Ban-ki-Moon visited Sri Lanka after the end of war in 2009 said after recounting the massacres and genocide in Rwanda in 1994 and Serbernica in 1995 , that “We said repeatedly, never again, never again, we did again in Sri Lanka.” He thus conceded the commission of genocide by Sri Lanka’s Security Forces.
United Nations facing mounting international outcry and protests over its inaction on Sri Lanka sent various United Nations Rapporteures commencing from 2011and so far twelve such Rapporteures have visited Sri Lanka and submitted their reports to UNHRC and United Nations.
In addition, State Officials from United States and United Kingdom and other countries have also visited Sri Lanka and submitted their reports. Besides the UNHRC Resolution on 30-01-2015 co-sponsored by USA, Sri Lanka, United Kingdom, Macedonia and Montenegro remains largely ignored and unfulfilled even after a lapse of more than three years, except the passage of the Office of the Missing Persons Act which provides impunity to the Security Forces and encouragement to commit crimes against minorities with no fear of prosecuting, and the Reparations Bill passed in Parliament, the scope and the mechanisms of its operations remaining vague and suspicious.
Sri Lanka’s failure in fulfilling its International Commitments including UN Human Rights Council’s Recommendations is crystal clear which has been highlighted in the various UN Special Rapporteures’ Reports submitted to UN Human Rights Council since 2011. Sri Lanka is successfully pursuing its policy of delaying tactics with empty promises made on suitable occasions and locations including public statements solemnly declaring its firm determination and commitments. The stark reality and plain truth is Sri Lanka will continue its persuasive and deceptive diplomacy to buy more time extensions to make its commitments become stale, unnecessary and irrelevant. With appeasing measures to pacify the United Nations, UNHRC and the International Community, Sri Lanka’s President and Prime Minister have openly declared their rejection of International Investigation and Independent International Judicial Mechanism to prosecute those involved in the war crimes, crimes against humanity and genocidal killings of civilians during the past decade, with justice and accountability being treated with scant respect and due consideration. As such it will be nothing but an exercise in futility for the Tamil victims to pin their hopes for justice on this or any other Sri Lankan Government.
It is high time for the UN Human Rights Council, European Union, Canada, and other countries to review their conciliatory and patting approach to Sri Lanka which only helps it to challenge and defy the UNHRC and United Nations with non-compliance.
In this respect, it is reassuring and refreshing to note a changing attitude recently by Western Countries, UN Human Rights Council, International community and European Union. Some of their recent statements are worthy of mentioning.
M/s . Alice Wells: A senior US State Department Official who travelled to Sri Lanka during the first week of October 2018 said that:- “US will urge Sri Lanka to make progress on transitional justice and accountability as well as on human rights and constitutional reforms.” [Tamil Guardian]
In 2017 she reiterated the need for Sri Lanka to prosecute alleged war crime offenders, implement a credible mechanism to investigate alleged war crimes and fulfill the commitments made to UNHRC [Tamil Guardian Sept. 2017]
Mr. Mark Field: FCO Minister for Asia – UK wrote in Sri Lanka’s Daily Mirror on 08-10-2018 in as follows:
“The pace of progress on number of key issues remains much slower than one had hoped for, as time alone does not heal all wounds. Lack of progress in delivering key steps can undermine communities’ confidence in reconciliation efforts.”
European Union in Sri Lanka On 03-08 2018, in a statement “Called for further action towards truth, justice and reparations on the issue of disappearances in the island. [Tamil Guardian]
Ms. Meenatchy Ganguly: South Asia Director – Human Rights Watch – Asia Director stated on 20-09-2018 as follows: “United Nations, UNHRC should insist upon clear time bound bench marks and monitoring framework.” [Daily Finance Times]
Mr. Taylor Dibbert: US based Human Rights consultant commented on 08-10-2018 about “American obsequiousness and misguided approach towards Sri Lanka and US is getting Sri Lanka dangerously wrong while increasing military ties have to be re assessed.” He further stated that “Western appeasement and American bear hugs have not encouraged reform in Sri Lanka. Continuing with the current approach is bound to produce similar results. American Officials seem unable to accept reality or reconsider US-Sri Lanka ties anew.”
UNHRC High Commissioner in 2016 called for an independent and impartial investigation into the use of Cluster munitions by Sri Lanka in 2009 and this request is still unimplemented allowing Sri Lanka to go scot free from this alleged war crime.
United Nations High Commissioner for Human Rights: At her opening statement on 18-09-2018 she stated that “When a State is unable or unwilling to deliver justice International Criminal Court is needed. Ending impunity is central to ending GENOCIDE.” [At Geneva Convention on Counter-Terrorism – Vienna]
Mr. Ben Emmerson: United Nations Special Rapporteur on Counter-Terrorism submitted his report on 24th July 2018. Some of his conclusions were that: “Sri Lanka’s progress towards reform has ground to a virtual halt with Tamils in the Island stigmatized and disenfranchised. Pervasive lack of Accountability for the war crimes, the climate for impunity that prevails within the Security Sector, overwhelming economic weight of Military, all of these attribute to this state of affairs.”
Members of the UK Government and Conservative Party UK at the annual reception of Tamil Conservatives in London on 29-09-2018 discussed the question of Genocide in Sri Lanka
Hon. Lee Scott: Chief of Staff of Department for Housing stated “What ever President of Sri Lanka may have whatever time people who committed atrocities; people who committed crimes must pay the price for their crimes.”
Hon. Robert Halton, MP stated that: “It was vital to recognize what happened was Genocide, we must never let the dropping of charges of war crimes.”
Mr. Mario Arulthas: Director PEARL on 10-11-2018 [Diplomat} stated that “Sri Lanka is being rehabilitated at the expense of Tamils. Sri Lanka has repudiated UNHRC 30 times within the year 2017-2018.” Minister Mangala Samaraweera brags by saying “He has halted United Nations investigation and the Government has also saved Mahinda Rajapakshe family from ‘electric chairs’.” This confirms the adherence to the state policy of Sri Lanka’s culture of impunity.
To sum up as the Tamil Guardian on 28-09-2018 stated that “In three years since UNHRC Resolution 30-01-2015, Tamils remain unchanged in their demand around reconciliation, accountability, justice, demilitarization and land release and a meaningful political solution.”
Western countries, International Community, United Nations and Security Council are well aware of the Genocide and the consequent state of affairs prevailing in Sri Lanka as far as human rights are concerned. They are fully cognizant of the sufferings of traumatized and victimized Tamil community. They know pretty well the denial of accountability and justice. By Sri Lanka. The world has also seen the explicit extrajudicial killings carried out by Sri Lankan Security Forces which were shown in Channel 4 TV titled ‘SRI LANKA’S KILLING FIELDS by Callum Macrae in three parts in 2011, 2012,and 2013. They know the cajoling, hoodwinking and dilly dallying tactics of Sri Lanka. With all damning United Nations Reports piled up against Sri Lanka, United Nations and Security Council should not function as A Talking Assembly with no credibility and failing to stand for the objectives for which they were founded. A greater burden also rests on the International Communities to uphold justice and accountability for the Tamils, while translating the accusations against Sri Lanka into suitable punitive measures and/or sanctions in this respect.
Tamil National Alliance [TNA] also bears a heavy responsibility and obligation to agitate for the causes of Tamils as they were elected as the sole representatives of the battered Tamils. The three year record of Tamil National Alliance [TNA] does not show any noteworthy achievement. On the contrary the ‘good governance’ has fully exploited their co-operation and support to silence the dissenting voices of opposition while executing its agenda of militarization, Sinhalisisation and Buddhisisation in the North and East of Sri Lanka. [Tamils historical and traditional homeland]
It is high time that the Tamil National Alliance leader Mr. Sampanthan to work on his statement made in September 2009, Quote “It is the need of the hour to be undertaken by the United Nations and International Community. We do not want just statements of condemnation and pledges without any action.”
It is learnt that moves are afoot to grant another extension to Sri Lanka to fully implement all the recommendations. To expect Sri Lanka to fully implement within the extended period is like chasing a mirage as water in the desert, when the three year period [2015-2018] already given to Sri Lanka ended with non-compliance and defiance of UNHRC Resolutions which confirm their official position of rejecting international involvement and adopting a leave us alone policy and attitude.
JUSTICE DELAYED IS JUSTICE DENIED – ONLY ACCOUNTABILITY AND JUSTICE CAN HEAL THE WOUNDS OF TAMILS AND NOT GOVERNMENTS’S PITTANCES AND/OR REPARATIONS WHICH CAN ONLY COVER AND HIDE THE INNER WOUNDS WITHOUT HEALING THEM.
The writer very clearly explained in detail the failures of United Nations and the International community to find justice to the oppressed Tamils in Sri Lanka..The former UN High Commissioner for Human rights very correctly identified Sri Lanka’s delaying tactics, hoodwinking the United Nations and the International Community demanded to look for other avenues to force Sri Lanka to implement the UNHRC Resolution.
The UN Panel of experts report very clearly stated that there was war crimes and crimes against humanity amounting to genocide.
The statement by Dr. Lal Fernando explains in detail the failure of UN
Dr Jude Lal Fernando on Navi Pillay’s visit, UNHRC resolutions and 13A
https://www.youtube.com/watch?v=lu_qyKW4hI8
It is an excellent article. Very clearly said the truth. UN, UNHRC and International community should quickly take action to settle this problem. If no action is taken immediately, them after 5 years from now there won’t be any Tamil Identity in the North and East of Srilanka. It is their traditional home land from the time immemorial.
Thanks.
Selva
To the best of my knowledge Tamils never participated in the making of the constitution whether it was the Constitution of Ceylon or Srilanka. However, we have participated in the Amendment of the constitution e.g 19th amendment which has given rise to various interpretations to suit the needs of the parties in parliament and the people at large. Every one has become an expert in interpreting. One wonders whether it is right to participate in amendments after boycotting? the making. It was perhaps a need to safeguard the position of the Tamils in a small way. Actually to-days situation is a fight between two section s of the Sinhalese similar to the past Sinhalese King, who did not hesitate to murder their siblings and even their fathers to capture power. One cannot rule out the possibilities,at he end, the Tamils/Muslims may be the target to mitigate the heat between two warring parties. As far as the TNA is concerned, Sampanthar is happy with his ‘label’ as the leader of the opposition and Sumanthiran with his PC. Sam- Sum were complacent with their position and did not want to raise a finger for the welfare the Tamil prisoners or the the lands ‘stolen’by the government via the army. If at all there is a minor improvement in the land issue, it is because of the long drawn out struggle by the ‘suffocated’ women. I am of opinion that the international community including USA is playing a cat and a mouse game with the Tamils and the Tamil are like the ‘ilavu katha Kili’ Of course Prabaharan would have delivered the goods if not for the intervention of INDIA,PAKISTAN, CHINA,USA, and our former ‘Colonial Cousin’ Britain. I would kindly urge you read the ‘Colombo Telegraph’ which fearlessly exposes the good and the bad and the ugly.
Thank you.
Though there is a change of Presidency in USA and USA has withdrawn from the UNHRC, the US Ambassador to Sri Lanka has assured R.Sampanthan that “the United States Government wanted the democratic process to take its place and a resolution to the current crisis must be found through the democratic process. The Ambassador had assured that the United States remained committed to the aims and the implementation of the UNHRC resolution and towards achieving lasting reconciliation in Sri Lanka.” (http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=194019)
Though president Sirisena has plunged the country into a fresh constitutional crisis, the TNA is confident the Western countries and India will keep up the pressure for the full implementing of resolutions 30/1 and 34/1. Though the progress is slow, the government has enacted laws on (1) enforced disappearance of persons (2) reparation to war victims (3) Repeal of the Prevention of Terrorism Act (4) Partial release of lands occupied by the armed forces. (5) Setting up of special courts to try persons accused of bribery, corruption and other serious crimes. (5) the widening of space for democracy and media freedom.
There is no doubt more have to be done. There still remains many subjects covered by the resolutions waiting for implementation.
I am more than amused over the palpably false claim that “The UN Panel of experts report very clearly stated that there were war crimes and crimes against humanity amounting to genocide.”
All what the 180 page Report said was ” The Panel found credible allegations, which if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law was committed both by the Government of Sri Lanka and the LTTE, some of which would amount to war crimes and crimes against humanity. Indeed, the conduct of the war represented a grave assault on the entire regime of international law designed to protect individual dignity during both war and peace.” Allegations are different from facts backed by evidence.
It should be observed that nowhere in the Report is found the word ‘genocide’. In fact, to a query by the Frontline correspondent “What is your response to the criticism that the report has not dealt with the issue of “genocide” comprehensively? the spokesperson for the Human Rights Commissioner said, and I quote ” We were able to conduct a comprehensive investigation nonetheless, with more than 3,000 written submissions, interviews in 11 countries, photos, videos and satellite imagery with expert analysis. The legal analysis in the report is based on its extensive findings. On the basis of the findings, we can say that there are strong indications that war crimes and crimes against humanity were most likely committed by both sides to the conflict. The crime of genocide requires specific objective and subjective elements [laid out in paragraphs 202-203 of the report]. On the basis of the information we were able to gather, we did not come to the conclusion that these elements were met. This does not preclude such a finding being made as a result of further criminal investigations, including [an investigation] by the hybrid court that we recommend.” (http://www.frontline.in/world-affairs/the-findings-are-independent-of-political-considerations/article7698130.ece)
What we can now do is to the province the evidence to prove that genocide has in fact taken place. Not cheap pot-shots at the TNA and its leaders. They are doing their level best in difficult times of low confidence.
Most of the stuff is a repeat of his earlier write-up. Progress has been made under Sirisena – Wickremesinghe dispensation many initiatives have been on multiple fronts although progress was pitifully slow. The constitutional process has been now derailed. This is very unfortunate, but a firm foundation has been laid and what remains is to build the superstructure. The greatest achievement by R.Sampanthan is to get the international community involved in a bid to solve the ethnic problem, The passing of the UNHRC resolutions 30/1 in October 2015 and 34/1 in 2017 have placed Tamil National question at the centre-stage of geopolitics. Willingly or unwillingly the Sri Lankan government co-sponsored the resolutions. If the government subverts the process, it will have to pay a price.
Though there is a change of Presidency in USA and USA has withdrawn from the UNHRC, the US Ambassador to Sri Lanka has assured R.Sampanthan that “the United States Government wanted the democratic process to take its place and a resolution to the current crisis must be found through the democratic process. The Ambassador had assured that the United States remained committed to the aims and the implementation of the UNHRC resolution and towards achieving lasting reconciliation in Sri Lanka.” (http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=194019)
Though president Sirisena has plunged the country into a fresh constitutional crisis, the TNA is confident the Western countries and India will keep up the pressure for the full implementations of resolutions 30/1 and 34/1. Though the progress is slow, the government has enacted laws on (1) enforced disappearance of persons (2) reparation to war victims (3) Repeal of the Prevention of Terrorism Act (4) Partial release of lands occupied by the armed forces. (5) Setting up of special courts to try persons accused of bribery, corruption and other serious crimes. (5) the widening of space for democracy and media freedom.
There is no doubt more have to be done. There still remains many subjects covered by the resolutions waiting for implementation.
I am more than amused over the palpably false claim that “The UN Panel of experts report very clearly stated that there were war crimes and crimes against humanity amounting to genocide.”
All what the 180 page Report said was ” The Panel found credible allegations, which if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law was committed both by the Government of Sri Lanka and the LTTE, some of which would amount to war crimes and crimes against humanity. Indeed, the conduct of the war represented a grave assault on the entire regime of international law designed to protect individual dignity during both war and peace.” Allegations are different from facts backed by evidence.
It should be observed that nowhere in the Report is found the word ‘genocide’. In fact, to a query by the Frontline correspondent “What is your response to the criticism that the report has not dealt with the issue of “genocide” comprehensively? the spokesperson for the Human Rights Commissioner said, and I quote ” We were able to conduct a comprehensive investigation nonetheless, with more than 3,000 written submissions, interviews in 11 countries, photos, videos and satellite imagery with expert analysis. The legal analysis in the report is based on its extensive findings. On the basis of the findings, we can say that there are strong indications that war crimes and crimes against humanity were most likely committed by both sides to the conflict. The crime of genocide requires specific objective and subjective elements [laid out in paragraphs 202-203 of the report]. On the basis of the information we were able to gather, we did not come to the conclusion that these elements were met. This does not preclude such a finding being made as a result of further criminal investigations, including [an investigation] by the hybrid court that we recommend.” (http://www.frontline.in/world-affairs/the-findings-are-independent-of-political-considerations/article7698130.ece)
What we can now do is to provide the evidence to prove that genocide has in fact taken place. Not cheap pot-shots at the TNA and its leaders. They are doing their level best in difficult times of low confidence.