![]() www.tamileelamnews.com TNS Corner By Dr C P Thiagarajah The setting up of a panel by UN secretary general Ban Ki Mun to look into alleged human rights abuses during the final stages of Sri Lanka's civil war in 2009, has caused paranoid reaction in the Sri-Lankan government. This is evident from the panic reactions of the government to stave off the AP. These had thrown the government in a quandary. The Sri-Lankan government was confident after the war that it had played a diplomatic coup at the UN when it got the Human Rights Council (HRC) to pass a resolution congratulating it on the successful war against terrorism during May 2009 at Puthumathalan/Mullivaikal and condemning the rebels for using civilians as human shields. Twenty nine developing countries of the 47-member council formed in 2006 to deal quickly with urgent humanitarian situations backed the Sri Lankan-proposed resolution describing the conflict as a “domestic matter that doesn’t warrant outside interference”. The 12 co-sponsors of the Sri Lankan resolution include China, India, Pakistan, Malaysia, Indonesia, the Philippines, Cuba, Nicaragua and Bolivia. The Sri-Lankan Sinhala government thought that it was so far so good. They laughed and a section of the world laughed with them, without knowing that when they weep that they had to weep alone.
Western diplomats and human rights officials were shocked by the outcome at the end of an acrimonious two-day special session to examine the humanitarian and human rights situation in Sri Lanka. The last stages of the war were blitzkrieg. It wiped out the Tiger force without any prisoners of war being taken and brutally causing the genocide of 40000 civilians according to Gordon Weiss former resident representative of the UN Amnesty International, the ever so active HR defender said “The vote is extremely disappointing and is a low point for the Human Rights Council. It abandons hundreds of thousands of people in Sri Lanka to cynical political considerations”. Many rrights groups accused both sides of war crimes but as usual Sri-lanka totally denied that it never killed a single civilian. The rights groups had produced what they say was photographic and video evidence of the army executing Tamil rebels, and testimony of indiscriminate bombing of civilians. The 37-year conflict ended last year with the defeat of the Tamil Tigers. The UN estimates 100,000 people were killed. Tamil Diaspora’s HR groups and Tamils Against Genocide (TAG), Trans national Government of Eelam (TNGE) employed legal professionals to counter argue the diplomats in the UN. This powerful lobbying and the UNHRC stand on its principles forced Ban Ki Mun though reluctant at the beginning, to appoint an AP in the later stages. Notwithstanding, the authorities in Colombo have strongly rejected persistent allegations of neither human rights abuses nor war crimes. Finding themselves cornered they reacted in numerous ways. When they were forewarned by its diplomats in the UN that an AP would be appointed, MR quickly, appointed a tokenistic eight member ‘Lessons Learnt and Reconciliation’ Commission to report on the lessons to be learnt from the events in the period, Feb 2002 to May 2009, their attendant concerns and to recommend measures to ensure that there will be no recurrence of such a situation. It was obvious to an outsider this late appointment of the commission was to delay or frustrate the UN AP. MR had already put forward this defence to the UN saying that there was no need of UN AP panel when he had already appointed an internal investigation. He even criticized the UN as interfering in the internal affairs of Sri-Lanka. What he forgot was that war crimes and genocide are not internal affairs of a country particularly when an ethnic community becomes the victims in state sponsored terrorism. Secondly Pathmanathan alias KP, the man who was at one time the chief arms procurer of the LTTE who went on to become the international chief of the tigers and who was apprehended in Malaysia and transported to Sri Lanka last August is being used for two purposes. It is to be noted that KP has been a “guest” of the Rajapakse regime since then. The two purposes that made Sri-Lanka to spend many millions in the extradition were. 1) to find out about arms procurement and LTTE funds and 2) to use him to stall the Self Determination demand of the Tamils particularly that of the Diaspora Tamils. Otherwise he would have been assassinated in Malayasia itself. Tamils in North and East are under police vigilance and even TNA cannot speak of self determination in parliament or a war crime inquiry because they will be killed. After the UN appointed the AP the GSL is using KP to silence the Tamil Diaspora from pressing on the genocide of 40000 Tamil issue at the UNHRC. There was serious miscalculation by the GSL in this manoeuvre. Tamils would not trust those people who shot and killed 10 years old Prabaharan's son because he was the son of the LTTE leader would spare KP an arm procurer for LTTE and the successor of Prabaharan but for the money he has under his control. Rajapakse brothers are very greedy for money unlike Chandrika. Though she committed genocide of Tamils did not rob poor people's money, or through ransoms except through land deals.
KP gave three LTTE owned ships to Sri-Lanka. God knows how much he gave to Swiss bank accounts of Sinhala politicians to safe his skin. As the saying goes money speaks. We saw in Channel 4 video clips how LTTE fighters were shot through their heads. Why was KP spared? It is for the LTTE’s large sums of money kept in reserve to build Eelam. KP should know that he will never be allowed to go free whatever he does, and that Tamil Diaspora wants first a stable political solution to live in dignity in their Tamil Homeland. They allowed the LTTE carry on because it did not lose its aim under very trying conditions. Diaspora will not trust all Dick and Tom and Harry who claim that they are going to bring Utopia from Gothabaya and MR.
They will only be led by intelligent knowledgeable people. The Trans National Government of Tamils is their choice. Other self interested groups will drop off in time when they are neglected.
Thirdly, MR had asked all Tamil parties to unite and put forward a political package for him to decide. He knows that procrastination is the thief of Time and that Tamil will never unite if to go by past experience. By keeping the Tamils MPs this way MR thinks that he can keep them away from the AP and the demand for a genocide inquiry from them. In any case Tamils in Sri-Lanka are under MR mercy. The TNA is unable to ask the UN for an International inquiry at the ICCJ. They now seem to take a philosophical view “Let by gones be by gones”. Tamils are second class citizens now, even MPs. It was reported in the press that MP Sivalingam an upcountry Tamil was called a “Para Demila” by MR brother Basil Rajapakse. Again minister Douglas Devananda, a Christian Tamil was asked to ‘shut up’ at a meeting by Basil Rajapakse in Jaffna.
Nine Tamil political parties that support the Sri Lankan government have joined to form a new Tamil political party forum in Sri Lanka. This is called the Tamil Party Forum (TPF). The parties in the alliance are the Ealam People's Democratic Party (EPDP) led by Minister Douglas Devananda, Tamil People's Liberation Tigers (TMVP) led by Eastern Provincial Council Chief Minister Sivanesathurai Chandrakanthan, Eelam People's Revolutionary Liberation Front (EPRLF) led by former Chief Minister Wardharaja Perumal, Tamil United Liberation Front (TULF) led by Ananda Sangaree and People's Liberation Organization of Tamil Ealam (PLOTE) led by D. Siddarthan. The majority of these Front members were rejected by the Tamil milieu. Some members are operatives of para-military groups of which the Tamil citizens have heard of and experienced a lot. They should not think Might is right. The forum must let the punishment given by the UN fit the crime committed by GSL and the LTTE. Therefore please look before you leap. Fourthly MR had approached the Non Aligned Movement (NAM) to rescue it from the UN AP. According to ipsnews.net in United Nations on Jul 2, 2010 NAM is going to protest against the appointment of the UN Advisory Panel to investigate possible Human Rights (HR) violations and War Crimes during the last stages of the civil war in Sri-Lanka in early part of 2009. The NAM composed of 118-member states argued that there was no necessity for such a UN panel now as Sri Lankan President Mahinda Rajapaksa (MR) had already appointed his own commission of inquiry to probe any violations of international norms and standards during the conflict. NAM adduced further that it was a well recognized international norm that in situations where there were allegations or breaches of international law that the country concerned should in the first instance be allowed to conduct its own investigation and to make known its findings,” Rebutting this argument, Dr (Ms) Navi Pillai, Head of UNHRC acknowledged that the Sri Lanka government had created a post-war reconciliation commission to look into alleged human rights violations, and provide justice to victims but she was skeptical of it. She went on counter blasting, “However, based on previous experience and new information, I remain convinced that such objectives would be better served by establishing an independent international accountability mechanism that would enjoy public confidence, both in Sri Lanka and elsewhere”. NAM which followed the middle path preached by Lord Buddha and other great religions should not be politically motivated to transgress neutrality. Lastly one of the Sri-Lankan government ministers, Wimal Weerawanse, laid siege to the U.N. compound in Colombo on Tuesday. They shouted that they would not let the UN workers out until the world body responsible for maintaining peace in the world canceled its Advisory Panel (AP) on Sri-Lanka. Mr Weerawanse had taken the laws into his hands to disrupt the working of the UN. Vandalism of UN property has been carried on by Mr Weerawanse and his unruly crowd because of the impunity given to government backed law breakers in Sri-Lanka. What Mr Weerawanse had forgotten is that there were official channels to air his or his party’s dissatisfaction of the appointment of the AP.
He could complain but he must comply with local and international laws. He cannot be a law unto himself. GSL had in fact made official representations to the UN and diplomatic moves were afoot to get more world countries to its side though with little success. Finding its diplomatic moves ineffective president Mahinda Rajapakse (MR) became apprehensive and nervous as it would be he and his brother Gothabayaa more than anybody else who would be taken before the ICCJ. The siege of the UN office is the ‘desperate acts of a desperate man’ to send the UN back to the drawing board. Human Rights is a sensitive issue and must be kept above politics and revenge. There are ethical codes even for married life. So how can war exclude laws of war when it comes to fighting terrorism as claimed by Sri-Lanka. Coming events cast their shadows. The Dublin Permanent Peoples’ Tribunal (PPT) on Sri-Lanka had passed its verdict before hand on this War Crime issue condemning the Sri-Lankan government of war crimes, HR violations. On the charge of genocide it had recommended further investigations to be more precise. Under these circumstances the appointment of a UN Panel is justified and a must to instill the principles enshrined in the December 10, 1948 General Assembly of the United Nations’ Universal Declaration of Human Rights Articles 1-30 in the minds of the world at large. The rogue regime of Sri-Lanka is guilty of ethnic cleansing of Tamils and scorching their TH of North and East. The ICCJ should file a case as soon as possible. The sooner the better. The conscientious community of the world would be grateful. MR paranoia will come to an end then. © Copyright 2000 - 2008 by TamilEelamNews.com |
