12 December, 2017

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Extremism Might Hinder The Process Of Justice In Sri Lanka

By Laksiri Fernando

Dr. Laksiri Fernando

Dr. Laksiri Fernando

There have been two disturbing developments this month in respect of the accountability issues and the process of justice in Sri Lanka. The first came from the self-made ‘Transnational Government of Tamil Eelam’ (TGTE) on 8 December 2013, during an assembly held in New Jersey, calling for an international inquiry against the Government of Sri Lanka on the alleged ‘genocide and crimes against humanity’ in respect of the Eelam Tamils and not on ‘human rights violations or war crimes.’ The accusation of genocide is farfetched.

Of course the call was made to the UN Security Council and not to a people’s tribunal or any such thing. But within two days, in Bremen, Germany, on 10 December 2013, an outfit called the ‘Permanent Peoples Tribunal on Sri Lanka’ (PPTSL) delivered a verdict declaring that the government of Sri Lanka was found guilty without any reasonable doubt for ‘systematic acts of genocide and crimes against humanity’ in addition to many other human rights violations. It is possible that the two events were coincidental and not connected. But they signify what kind of extremist or ‘ultra-left’ agitations or claims that could derail the genuine claims and pursuits in respect of accountability and investigation of alleged war crimes in Sri Lanka.

PPTSL ‘Verdict’

According to its own website, the PPTSL or its harbinger, International Human Rights Association, Bremen, had been in existence since June 2009. It explained how it started. “It was an emotional meeting. The members of the initiatives from Germany and Ireland consisted mainly of European and exile-Sinhalese activists.” It further explained the ideological genesis of the organization as follows.

“As we had worked strenuously for the peace process in Sri Lanka to yield results, we were all devastated. Having failed dismally to convince the powers that be in Europe to maintain their original position of promoting peace in Sri Lanka, we all felt that we had failed in our responsibility to the Tamil people.”

It is one thing to feel ‘guilty’ or ‘responsible’ for the Tamil people. But it is completely another matter to come to rash conclusions about the ‘failed peace process’ or the position of the ‘powers that be in Europe’ about the situation in Sri Lanka under the activities of the LTTE. It is grossly irresponsible and grotesque if one’s ideological positions are to be put forward as a ‘verdict of a people’s tribunal.’

As far as I am aware, the full text of the so-called people’s tribunal or an explanation of the procedure through which that tribunal has arrived at decisions is not yet published. When it is revealed, the ‘procedure’ may remind us some of the ‘kangaroo courts’ conducted by some of the insurrectionists in 1971 in Sri Lanka. I am just predicting. The procedure or due process is important in a backdrop where we strenuously discuss the ‘due process’ and the ‘kangaroo procedure’ that was followed by the government in impeaching the former and the legitimate Chief Justice in Sri Lanka.

However, the key conclusion that had been arrived at as quoted by Tisaranee Gunasekara in her “From Mutur to Geneva” (CT, 12 December 2013) is “Colombo is guilty of ‘crimes of genocide’ against the Tamils and that ‘both the United States of America and United Kingdom were complicit in the genocide while the involvement of India warranted further investigation.

According to this conclusion, the TGTE or any other who pursues the struggle against ‘genocide’ should ask the Security Council or at least the Human Rights Council to recommend or initiate proceedings against not only Sri Lanka but also against the USA and UK if not India, of course keeping in mind the difference between the ‘guilt’ in the case of Colombo and ‘complicity’ in the case of Washington and London. I frankly found the conclusions to be hilarious and tragic; tragic given the gravity of the matters that we are dealing with.

It is interesting to note that those who initiated the PPTSL have very clearly distanced themselves from calling for ‘war crime’ investigations or investigations on human rights violations. The reason is because, as they say, “those powers that were most to blame for promoting the military solution and practically aiding the Sri Lanka regime are now in the process of taking up the issue of war crimes as a lever to pressurise the Sri Lankan state to conform to their geo-strategic interests in the region.”

It is possible that Sri Lankan government might be the most happy to see this assertion which invariably confirms its position that the Western pressure on Sri Lanka is tainted with hypocrisy and based on ‘geo-strategic interests’ in the region. Then the readers will find it difficult to understand the PPTSL’s grumble against the government and what they call ‘genocide.’ It is not something bordering on genocide that they talk about, but genocide proper. Of course it could mean the ‘civilian deaths,’ but that is covered by ‘war crimes’ or accountability. Then what is left at least as far as the last stages of the war are concerned is the ‘annihilation’ of the LTTE. This is perhaps their main grumble as they have tried their best for the Western nations to intervene, without success, at the last stages of the war. This is what is revealed in their website although exaggerated. They also claim, and the verdict is also that ‘genocide’ preceded the war to mean that the LTTE and even their methods were legitimate.

As far as I am concerned, the Western pressure, not international intervention, by and large is logical and consistent with the policies and the strategies that both those countries and even the government of Sri Lanka pursued in suppressing the LTTE. There was no other alternative available by the time when the LTTE started its Eelam War IV. The peace process was fundamentally flawed giving rise to that situation. However, after the war, the accountability issues had to be addressed and all war crime and human rights violation charges should have been and should be investigated.

To me the efforts like the PPTSL are like giving Dirachcha Lanu (tatty ropes) to the Tamil people. This has happened from some ultra-left or self-proclaimed sections of the Sinhala community before and this is happening even today.

TGTE Resolution

The TGTE or its recent resolution is a different matter altogether. At least they are consistent with what they believe in although in my opinion the resolution is completely unrealistic, partial or out of tune. It is titled as a “Resolution of a Plan of Action” of an “Assembly of Persons Concerned with the Genocide of the People of Tamil Eelam by the Government of Sri Lanka.” In this respect it suffers from the same defect of the PPTSL focusing mainly or solely on what is claimed as genocide in addition to distancing the Tamil people from the rest of the population as ‘people of the Tamil Eelam.’

The resolution has 16 clauses. It is not merely the government of Sri Lanka which is blamed, but more clearly ‘its armed forces and its political leaders.’ There is no reference, obviously, to the LTTE or any possible crimes or violations committed by them. The Clause 1 refers to an ‘accountability mechanism’ that should be established again only on the issues of ‘genocide’ and ‘crimes against humanity.’ It is also in this connection that Clause 2 refers to the legal possibility of the UN Secretary General establishing a ‘Commission of Inquiry,’ but the eventuality is quite unlikely unless there is an agreement in the Security Council, whatever the validity of the claimed legal possibility.

There are valid claims against the ‘unaccounted Tamils’ taken into custody and the ‘continued occupation of land owned by the Tamils’ in Causes 3 and 4. Even the claimed continuity of ‘genocide’ in this respect is referred to as the ‘destruction of identity’ and ‘intimidation into subjugation’ which any government should be sensitive to or responsible for. There are demands made in respect of army withdrawal in Clause 4 and further demands and/or claims are made in respect of land transfer, compensation and necessary legal action against the (army) personnel responsible for such action, in ‘countries of Tamil Diaspora,’ whether that proceedings could materialize or not.

Most importantly, there are grave concerns expressed in respect of ‘war widows’ and women in general in Clause 10. Since the Northern Provincial Council (NPC) is now established, there is the possibility of a mechanism set up jointly between the NPC, the Ministry of Women’s Affairs and the Human Rights Commission with the assistance of the UN.

All in all, Clause 13 is the most important as a resolution on a Plan of Action. It requests “that the United Nations Security Council refer the high level political and military leaders of Sri Lanka to the International Criminal Court for prosecution.” This is however on the charges of, nothing but, ‘genocide.’ Admittedly, this is a long shot. That is why the same clause says that “If that does not prove feasible, we request that the United Nations General Assembly establish an International Criminal Tribunal for Sri Lanka pursuant to its power under Article 22 of the United Nations Charter that is modelled upon the International Criminal Tribunal for Rwanda.”

It should be noted, at this stage, that the ICTR was constituted immediately after the events in Rwanda in November 1994 as the events were very clear as genocide. In the case of Sri Lanka, the UN Secretary General visited the country immediately after the end of the war and that was not the perception or impression he expressed. An ‘accountability mechanism,’ even the TGTE resolution refers to in Clause 1, and an ‘international criminal tribunal’ on genocide are two different things altogether.

ICC and People’s Tribunals   

In my opinion, even without going through the Security Council or the General Assembly, there are, or may be, possibilities of initiating proceedings before the International Criminal Court (ICC), under Article 15 of the Rome Statute going through the Prosecutor. While this has not yet been invoked or attempted before, to my knowledge, the case or the information before the Prosecutor should also be well grounded, legally and in all other respects. It is difficult to imagine that the legal luminaries of the TGTE are unaware of these possibilities. Why then they are prevented from doing so?

Apart from the ‘genocide’ charge being unfounded, there are other implications of going before the ICC by anybody who wants to defend the LTTE or accuse only the Sri Lankan government. That is the issue of Terrorism, apart from many activities of the LTTE being war crimes or crimes against humanity. During the proceedings leading to the formation of the ICC and its Statute, the issue of terrorism figured very prominently and debated vehemently. This was well before the 9/11. In the 1988 draft of the ICC, terrorism was listed as a crime that should be covered by the court, but left out finally as a ‘crime on its own standing,’ the states finding it difficult to agree upon a common definition. Nevertheless, there is considerable opinion that a primary role of the ICC is to combat terrorism and terrorism is closely linked to many crimes defined by the Statute.

There are some merits of People’s Tribunals or Citizen’s Tribunals, when they are fairly and independently conducted, in conditions under which justice is derailed or impaired. But those have never been used as pressure groups in achieving one sided results. There have been over 80 tribunals so far outside the state or international structures. However, when such tribunals are purely formed as ‘opinion tribunals’ and that is unfortunately the case in respect of the PPTSL, as revealed by the report published by Yahapalanaya Lanka (Goodgovernance Lanka, CT Sinhala, 12 December 2013), they invariably polarize societies and create conditions for further conflicts and injustice rather than justice.

Conclusion  

Both the TGTE resolution and the PPTSL’s so-called ‘verdict’ do not call for a solution like in South Africa or along the main lines of a Truth and Reconciliation Commission with of course clear prosecutions of gross violators. They call for extreme demands of prosecution of ‘genocide’ without any foundation. Their accusations are only of the government but not of the LTTE. On the other hand, the government and its supporters only accuse the LTTE. It is correct that ‘truth and reconciliation’ is difficult or rather impossible under the present government as it is. That is where the international pressure, not intervention, is necessary. That could come only from the West and India and it should come only in a constructive manner. Otherwise the external pressure also could derail the process. The process of justice should be on a level playing field. Any procedure to investigate any violation, whether international, national or peoples should follow the internationally established due process and impartiality and independence from political machinations of all sides.

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Latest comments

  • 3
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    There is a high nuisence factor with these “verdicts”. The Darusman thingie was similar. That one apparently received over 5000 submissions from Tamil orgs. The “evidence” presented in all these cases in one sided isn’t it really? The govt harldy bothers or cares to defend itself. The problem is they use the small thing and rolls it over a long period to make an avalanche.

    The govt keeps spending zillions on armour and foot soldiers. The new frontier is now online really. The CHOGM thing could have been nipped in the bud. It needs a team of IT guys, English copyrighers, PR experts to keep their eyes and years open to Social media, blogs and squash these things before it becomes something big. It also needs someone who knows how Tamil nazi networks operate.

    • 3
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      What’s sauce for the goose is sauce for the gander! Remember how a Kangaroo Court run by the Sri Lanka regime in the Divuya-wenn Parliament of Corrupt morons in Sri Lanka, illegally impeached the Chief Justice of Sri Lanka earlier this year?!

      That dirty deed has still to be reversed and the current de facto Rajapakse stooge and corruption king he masquerades as CJ must be removed.. The CURSE OF KUVENI is on the Rajapakse Family and regime for this dastardly action.
      Rajapass’s Sinhala nationalist racism, mirrors and fuels the Tamil nationalists.. Both are a curse on Lanka. Kuveni’s Curse on the country will only be exorcized once the corrupt and criminal Mahidna Rajapakse family and regime is destroyed just as Prabakaran and his family and cronies were..

      • 1
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        Rajapass’s Sinhala nationalist racism, mirrors and fuels the Tamil nationalists..

        Look here, Kuweni is it? Tamil nazi nusence was imported to here circa Ananadorai. It had nothing to do with Rajapaske. Looks like you were born yesterday.

        • 1
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          “|”Looks like you were born yesterday.”|”

          Bounty Hunter isn’t it you name??

          You need a push because your battery is dead from free education – Gamaya te magic down under where the thieves roam.

          • 1
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            Dear Dr. Fernando,

            This is accepted – by many of the lanken folks today. People have no choice than doing so. They just ignore JUSTICE related issues.

            I would rather change it in to the TITLE

            “Extremism HAS ALREADY HINDERED The Process Of Justice In Sri Lanka”

            There is a local radio program (Balumgala) in which people across country as callers could raise their questions. They address many of the on going issues in the country today. I happened to listen to recorded ones on You tube serveral times and felt myself – almost many in the country are fed up of Rajapakshe thuggish politics today. They are all well aware the manner that THEY H AVE BEEN LOOTED by ruling thugs. Helplessness is governing in their average mind sets. But they still seem to respect the freedom that they enjoy NOT hearing any incidents related to killings in the north.

      • 0
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        While the process may have been flawed in the impeachment process (though according to your consitution the Chief Justice is an appointment and can be dismissed with due reason at any time), it was glaringly obvious that the woman was behaving in a manner unbecoming of the Chief Justice raising suspicion as to her ability to perform her duties properly. Any court in the land of others countries would have tossed her out.

  • 5
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    “The accusation of genocide is farfetched.”

    Like many Sinhalese on this topic, you are talking bull shit Laksiri Fernando. Most people worldwide now agree it is genocide, and is continuing in covert forms.

    You all want to keep your Sinhala souls intact without any guilt feeling.

    • 1
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      Of course it is genocide.What a shame that that wonderful human being Prabakaran was bumped off!Lets fix Mahinda for getting rid of that wonderful human being!Genocide my ass.Clean my shit hole.Genocide!A bloody set of dreaming clowns.

      • 2
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        Max Silva

        Now that you have successfully taught M Sivananthan how to be ineffectually rude the man/woman is all over the forum.

        Could you make him unlearn all the rudest vocabulary that you have taught him earlier.

        I will be grateful.

        • 1
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          Stupid Vedda,
          It’s a shame that we had to get ride of that wonderful human being Prabaaran.But we will pin our hopes on the court fixer Wigneswaran!

          • 2
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            Max, My cousin is bit thick. He himself says so. So, please forgive him.

      • 3
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        MAD Max – “clean my shit hole….”. By your own admission you are “RAW” (Rajapassa Ass Wipe). Keep up the good work dumb ass and also keep your tongue in good shape!

    • 0
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      “Most people worldwide now agree it was genocide…” What a moron you must be. Firstly most people worldwide don’t give a hoot for Sri Lanka or the unverified claims of expat Tamil gold diggers afoot in foreign lands seeking financial security from naive governments willing to speak for votes against an issue that otherwise means nothing to them. Anyone who believes there was genocide is basing their opinion, obviously like yourself on unverified hog wash that gets repeated time and time again in the press to attract the attention of their readership. TELL US, REALLY WHY ARE SO INTERESTED IN THIS ISSUE? IS IT THAT YOU WANT YOUR EELAM? That is not a valid reason for “most people worldwide” to accept such incredulous claims. WHAT DO YOU EXPECT TO GET OUT OF CLAIMS FOR GENOCIDE? WHAT IS THE END GAME FOR YOU? Answers to these questions will surely put your motives and you to shame. There are undeniable facts being ignored for convenience, and none of them support genocide by any stretch of the imagination. What happened in the north was genocide of the Muslim and Sinhalese culture that existed there before the LTTE murdered or otherwise evacuated them over night. Get real, these are facts, not fanciful convenient lies of ignorant people with ulterior agendas.

  • 2
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    I completely agree that the accusation of genocide is farfetched at present because genocide is part and parcel of the Rajapaksa regime’s intent but is not completed yet. The annihilation of tens of thousands tamil civilians was the start and the deprivement of livelihood and land, forced sterilisations, assisted “refugee” shipments abroad are part and parcel of the process of genocide and should form a part rather than the main accusation against the regime.

    War crimes and crimes against humanity are the allegations that should be levelled against the Rajapaksa regime and be pursued vigorously as these have already happened with impunity.

    • 1
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      I agree,
      These so-called Sinhala intellectuals, analysts, and writers talk about irrelevant academic matters while Rome is burning:

      In Tamil Eelam, Sinhalese from the South are forcefully settled by the army and bhikkus in the lands grabbed from Tamils, Tamil women rapped with impunity, Gotha-Namal-sponsored refugee boats carry Tamil refugees abroad for exorbitant fees, Hindu temples destroyed, intelligence personnel intimidate the Tamils, and the list is endless.

      Now this idiot Laksiri Fernando talks about hindering justice: Justice for the tormentors or the victims?

      Justice does not depend upon extremism, but on impartial investigators, judges and solid evidence, which is aplenty for indicting Sri Lanka for genocide of Tamils.

      US has blow by blow account of the war time atrocities or Sri Lankan forces, from various sources including precise satellite images.

      • 2
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        Even Wimal Weeravanse, Champika, BBS and others can be charged for inciting genocide of Tamils.

        • 1
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          Thiru, By now you rump LTTE should have a plan to charge every Sinhalese in the country for electing MR as the President in 2005 for that is the main cause for LTTE downfall and your so-called genocide to have arisen.

      • 0
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        In your so called Tamil Eelam, 10s of thousands of Sinhalese and Muslims were evicted from their homes. Why can’t these IDPs be given the same courtesy those Tamils chased away from the north by the LTTE are being given. Your hopeless dude! Why do more Tamils happily live outside of your imaginary TE than inside? Can you answer that?

        • 0
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          “|”Can you answer that? |”

          Oi,expert in belated in belated responses unable to try headon.

          Try some Gasoc!! Ha ha!

    • 0
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      Let’s visit some established facts not contrast to unsubstantiated ‘estimations’ of 40,000 killed based on a lack of on-the-ground intelligence by journalist using great imagination and aerial photos of supposed grave sites that can not be found today. A census the Department of Census and Statistics in the Northern Province in 2011 by deploying Tamil government servants upheld that only 7,974 persons died in the province due to the causes other than natural. According to this report, 5,000 LTTE terrorists died in 2009 while deaths due to suicides and other reasons exceed 3,000. 6,000 SL soldiers lost their to free the 300,000 civilians held as human shields by the LTTE, when the government could just as easily bombed the crap out of the whole area and saved all of these Sinhalese soldiers lives; BUT THEY DIDN’T. 11,000 LTTE soldiers that surrendered have been pardoned by the government. You do the math. I think most people worldwide will go with numbers and not wild exagerations based on cream puff.

      • 0
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        “☻/
        /▌
        / \ Pollution is a dirtier word than threats

        Farmyard impressions do not do the noises,you just made the smells,Phew!!

  • 3
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    Process of justice in Sri Lanka is never going to happen under the present set up or even after any regime change. The majority of the Sri Lankans and especially politicians of all kinds are not matured enough to do justice in any shape or form. They are all so corrupt with warped mind and will never give up their racist policies, no matter what. Most of them think that they have done the ‘justice’ at Mullivaikkal in 2009 and still want to do more of that kind of justice only. They are not yet satisfied with what has been already done and continuing to do more of the same..

  • 0
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    Double doctor Laksiri we are with you!

    • 1
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      Laksiri, By now you should know that with rump LTTE and their backers, even if you give them Eelam that is only a half answer. You may speculate on their complete answer if you like.

      • 1
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        Hey there Gamme Leaks grower,
        The mahavamne `croup`Sinhalese should first stop belching and farting in fear of being drawn into the kennels of `den hag` isn’t it??

        • 0
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          Javi- You don’t seem to have the intellect of even a ‘leak’ grown by a gamaya. Or was just you farting and belching, I thought it was an attempt to sound intellectual.

          • 0
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            No wonder your relatives can boast of an IQ<50 wank`r!
            Poor sod crying for a shithole!
            Wealth is the product of man's capacity to think.

  • 3
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    Mr. Laksiri Fernando, you have very clearly identified the main threat to reconciliation in Sri Lanka. The TGTE and it’s LTTE backers continue to threaten the process of reconciliation by taking on a confrontational attitude when dealing with the SL govt.How could anyone expect the Sri Lankan govt. to lower it’s guard and begin the process of taking the ‘difficult’ policy decisions, when the Eelamists are on a relentless campaign of charging the State for ‘genocide’ & war crimes?If they had good intentions, then they should have adopted a more concilliatory attitude with the Sri lankan State. Had they done so, then the govt. would have been in a better position to take the process forward more confidently and also to neutralize the more ‘extremist/ hardline’ constituency. However, even the TNA has embarked on a confrontational attitude with regards to the NP Governor.For instance, the constitutional authority for setting up ‘departments’ lies solely with the governor. The TNA is trying to create unneccessary friction by uni-laterally setting up departments. If they are truly interested in making the NPC work, then they should have discussed the matter with the Governor and come to some kind of understanding.
    As you are well aware, ‘reconciliation’ is a process rather than a ‘destination’.There is unfortunately no magic formula for instant reconciliation. It consists of a series of confidence building measures along with both sides making certain compromises in order to keep the process moving forward. As far as I can tell, the TGTE and Eelam backers are only interested in punishing the govt. for militarily defeating the LTTE. And, they have not deviated from their quest for a separate Eelam State. Under these circumstances, the patriotic citizens of Sri lanka will stand by this govt. and mobilize themselves to firmly defend the motherland. If these Eelamists continue down this road, then they will surely be heading for another ‘misadventure’.

    • 3
      1

      Jazz,
      You are intelligent. But a baller’s mission is not to score. It is a batsman’s job. A cart doesn’t pull a horse. It is the horse that pulls the cart. Please use common ethics in any argument.

      • 0
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        Common ethics has nothing to do with it, what ever you mean to say by that. Jazz is only stating the glaringly obvious to anyone who is viewing this whole discussion with any knowledge of the the last 4 years post war time. It is very frustrating to see such emotionally driven ignorance in most of the comments.

        • 0
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          You masquerading scumbag!

          We all waiting to find out when you are going to wash?

          Go try your kattadiya.

    • 0
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      Jazz you Moron,

      The biggest threat to Reconciliation which I don’t think is going to happen will be the Creation of Eelam which will happen after we have a change at the Top In India after March 2014.
      When we have separated from you Reconciliation becomes irrelevant where as ACCOUNTABILITY will remain our number one priority as those who are responsible for the Genocide must be punished.

  • 1
    0

    Dear Prof Lakssiri ,

    I’m some what surprised of your sudden change of hearts ,let’s leave it a side , regardless of PPTSL, TGTE or who ever’s finding , if US/EU decided to bring a resolution against the Regime this time , the outcome would be a foregone conclusion ,out of 47 nations only 24 votes are needed to pass any resolution , here is the composition of the UN general Assembly for 2014 ; African continent (13), Asian Continent (13), eastern Europe (6), Latin American countries (8) and the western block (7), this time round African countries will have the final say , pl go through the countries and you will see final out come for yourself.
    after a careful study of the past voting patterns,Geo politics and prevailing current situation in SL , a reasonable prediction can be made thus voting would be as follows

    all the Western countries (7) ( Austria, Germany, Ireland, Italy, France, UK and USA )would vote against the Regime , only Venezuela & Cuba would vote for Regime while other Latin American countries (6) ( Argentina , Brazil, Chile , Costa Rica , Mexico and Peru ) against Regime , in the Eastern Europe only Russia would vote for Regime and the rest (5) (Chech Republic , Montenegro ,Romania and Estonia )against and in Asian continent only India and Korea against (2) and the rest ( Indonesia, Japan, Kazakhstan,Kuwait,China, Maldives , Pakistan, Philippines, UAE,KSA and Vietnam )for the Regime , finally the all important African continent( 4) Benin , Costa de voire , Seira leone and Algeria or Morocco would vote against the regime , hence the final predictable number would be 7+6+5+2+4=24 .

    • 0
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      So do you think all other 9 countries in Africa would stand by lanka in March 2014 ?
      What about Gana ? Gana was criticising lanken situation before the CW summit was about to be commenced.
      Now I realize why the KING is on a SAFARI tour to Kenya ?

      • 0
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        Andre ,

        other 8 countries are Congo( voted against the Resolution ) , Botswana (A), Burkna Faso(A) ,Ethiopia (A), Gabon, Kenya (A),Namibia and SA : (A) = Abstained from voting in 2013. i suspect the same scenario with the new found friends (Kenya, SA )to be repeated in 2014 as well.

    • 2
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      Dear Srilal, It is not a change of heart, sudden or not. I have always been trying to find a middle ground. I will always be critical of extremist views of all sides. Of course there will be a resolution at the Human Rights Council and not at the UN General Assembly. I think it was just a typing mistake on your part. It will carry. But it will not ask for investigating ‘genocide’ but violations and respecting Tamil identity. I understand that there are reasonable fears on the part of the Tamils, but that is not genocide. They should also understand, and even admit, that the LTTE was/is largely responsible for the present situation. There are fears on the part of other side/s as well. Extremist demands and rhetoric would not take the Tamil community or any community anywhere other than recreating conflict. That is what I am saying. Some may still think that separation is the only solution. I don’t think it will work and the efforts will be disastrous.

      • 1
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        Dear Prof Lakssiri ,

        Thanks for correcting my mistake, i generally tend to look at facts & figures than any of those emotional outbursts from either party . MR knows allowing for an independent /international investigation would be a suicidal mission for him as well as for the entire regime , hence MR will fight till the last minute hiding behind the sovereignty/ territorial integrity rhetoric to block any investigation , US/CANADA/EU/TN(INDIA) and UN had given enough chances to rectify & redress all the wrong doings , regrettably MR not only chose to arrogantly ignored all the life lines but also have the nerve to challenge the mighty powers , this may cost him and the fellow cohorts dearly .

        PS : Diaspora , who supported the terrorism , must be brought to justice as well. Sudan’s sitting president Omar Al Bashir’s fate is awaiting for MR.

        • 0
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          Srilal@,

          almost any right thinking ones would agree with you this ” MR will fight till the last minute hiding behind the sovereignty/ territorial integrity rhetoric to block any investigation , US/CANADA/EU/TN(INDIA) and UN had given enough chances to rectify & redress all the wrong doings , regrettably MR not only chose to arrogantly ignored all the life lines but also have the nerve to challenge the mighty powers , this may cost him and the fellow cohorts dearly “.

          But why does NOT MR regime focus on REENFORCEMENT RULE OF LAW AND ORDER today ? Why does he seem to be ignoring any HIGH crimes rapidly increasing in the country today ? Are any crime investigations (minor or major) that ended up with fair convictions in recent times in the country ? He is btw the minister of defence to the nation… Why is MR like BEERI ALIYA for the grave issue ?

          • 0
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            Reestablishing rule of law can hinder many of the crimes. That can then allow many to feel secure in the country today. Army deserters infiltrated to every corners are also dangerous in terms of crime activities. Why dont the authorities search for them like did it for rabid dog search then, and finally creating a fear free society. And the issues related to free access to the weapons – should also be addressed to the very same manner that they quickly handled it with DEMINING in northern torn areas. These could help more to create a health foundation than investing only for so called eye wash projects.
            Actually, projects like building airports and roads are important but restoring security to own folks should be more important than any other issues. Physical structures you will and can make even laters if you build up the faith and harmony among the peoples.

            I truly believe the most fundamental issues are reestablishing law and order to the manner DEVELOPED countries apply it. it will then be like FOUNDATION for building a stable house.

      • 3
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        Next Equinox NaMo means Maratha Empire in power- soft spoken language they know who they are!!
        ______________________
        Sri Lal
        At the final sessions of CHOGM when the secretary asked the members if they had any other question apart from the Human rights issue in SL there was pin drop silence. You know what that means when canvassing begins a week or two before by the heavy weights?
        ______________________
        Dr Laksiri,
        ` even admit, that the LTTE was/is largely responsible for the present situation.`
        Sorry, I am for neither side but the Sinhalese are responsible as adminis`trators` for 64 years to have let a mere statement made by late Senator Thiruchelvem to JR and SWRD be used to this extent. What is the pedigree of parliament from 1948- Amma natthan Tahta and voting for the dead. A 90% with an IQ below 90% and the concept of begging bowl. You have to take responsibility for the ¬cause¬ not the symptoms.
        Ideally like Bahrain, where the minority rules the majority is best or this stupidity will continue till SL gets bombed to stone age. I don’t mean a minority of any particular culture but folk who can deliver the goods irrespective of any strings. Till 48 there weren’t problems like this when the rule came from Calcutta. All we see is Gamayata magic village jackals from foreign office to civil service.

        • 0
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          Oops”A 90% with an IQ below 90″
          Should read A 90% with an IQ below 50

      • 2
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        I think both sides should be very cautious when formulating those phrases- hard phrases like genocide. Reconciliation cant get forward, if we exchange those wording again again. We have to learn it from Mandela lay outs. And as some good commentators incl. you Dr. Fernando keep reiterating what the rulers lack sofar is wisdom and magnanimity, there we all should work for that.

      • 1
        0

        What nonesence you Sinkalam is talking about? Like my brothers here say LTTE had killed because they were compelled to do it. Any means is justifiable to have our Eelam. Therefore LTTE souldn’t be investigated.

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    0

    The threats if any to Sri Lanka are internally driven. A stupid, shortsighted and malevolent government is the main precipitating factor. A ‘stupid’ citizenry who tolerate such governments and repeatedly elect them, are the underlying factor. Trying to place the blame on external threats is at best naive and at worst an exercise in self delusion.

    Dr.Rajasingham Narendran

    • 1
      0

      This is simply the worst side of so called democracies.
      Those who voted them in are from urban areas of the country. Majority of the lanken populace make up the villagers living far remote areas. Their key source of info is state media. Only palatable versions of the so called developement projects going on are fed to them easily. As you are well aware, our people in general have short memories even about grave issues that sometimes cause future of the youth to be gone into pieces. Even if the masses in country^s like South Africa are illiterate, they would not have reacted like ours.

      • 1
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        Those who voted them in are NOT from urban areas of the country.

    • 0
      0

      RN, Villagers could look down on you for not tolerating the government the same way you have underestimated them for supporting it. Who is stupid or who made the wrong decision depends on what one think is right. For one thing though, you should not forget that villagers have elected governments to office as well as thrown them out of office many a times in Sri Lanka. So, don’t worry, when majority people don’t like what MR is doing and when they have a viable alternative they’ll throw him out.

      • 4
        0

        chandra

        By the time they throw MR clan out the whole island would have been robbed and the destruction of the island would be complete.

    • 0
      5

      So you have no problem with how TNA instead of helping tamils in N&E go on confronting the gov and live on sensational dramas

      • 0
        0

        Stop sitting on ice- cream go take a wash.

  • 1
    0

    Dr Fernando you make an excellent case for the establishment of an independent international investigation of the
    LTTE as well as well as the Govt of,SL If BOTH are investigated then would we not have the truth? Would you advocate that
    Dr Fernando? Then we don’t have to quibble about words and phrases of the organizations that you refer to.

  • 0
    0

    There are ‘kangaroo courts’ in sri lanka too. One variety which crops up from time to time,composed of mainly laymen called legislaters,is called a “Parliamentary Select Committee” – PSC. Recently, a PSC considered a large volume of written ‘evidence’,examined 21 witnesses and gave a ‘verdict’ impeaching the Chief Justice – all within six hours.
    The PPTSL,is composed of eminent jurists and deliberated for a considerable time,and delivered its verdict.It considered extrajudicial executions of tamils from soon after independence.
    It did not examine executions of sinhala youth by the thousands in 1971 and in 1987/88/89.

    • 1
      0

      what ?

      “There are ‘kangaroo courts’ in sri lanka too”

      Do we in SL have any other form of courts under the current men ?
      If there are, just let us know the list of them please.

      • 2
        0

        Ha Ha,
        There are monkey courts, they spring too like the kangaroo and neither do they belch and fart except that they wear the percy tainted amude on their heads and are drained in his pippe poo.

  • 0
    0

    Dr. Laksri,

    From my previous experience of exchanging views with you I formed the opinion that you are a fair minded decent Sinhalese with whom we can reason and reach a common consensus. But that is in danger of turning out to be a false belief on my part for the following reasons.

    1) Different set of Rules and Standards apply to an Elected Government which has a duty and a Responsibility towards all its citizens Compared to the so called Terrorists outfit like the LTTE which we call Freedom Fighters. GOSL is recognised by all the countries but LTTE were banned.
    2) If an elected Government acts outside agreed International Law then they must be called to account. TGTE is not recognised as GOSL and TGTE they rely on the Goodwill of Countries to function.
    Let me take you through some of your misapprehensions.

    a) According to this conclusion, the TGTE or any other who pursues the struggle against ‘genocide’ should ask the Security Council or at least the Human Rights Council to recommend or initiate proceedings against not only Sri Lanka but also against the USA and UK if not India:

    I am surprised that you ask TGTE to initiate proceedings against USA and UK without any concrete evidence to prove their complicity in the Genocide unlike Sri Lanka against whom we have overwhelming evidence. Sri Lanka was responsible for killing fields and at the most you can only accuse USA and UK for aiding and abetting by the supply of arms. These countries will no doubt argue that the arms were supplied for defensive purposes and not as offensive weapons.

    b) LTTE has been wiped out and the only LTTE members who can be called to account are ministers in GOSL and this amounts to hypocrisy. If any one wants to bring charges against the LTTE ( I personally would refute any such charges as they were the creation of Sinhalese atrocities ) it should come from GOSL at an inquiry as a defence against their actions. GOSL would be hard pushed to go down this route when their have Karuna on their side.

    c) They call for extreme demands of prosecution of ‘genocide’ without any foundation:
    I am surprised that you say without any foundation. But I take the view that there is overwhelming evidence which can only be addressed I we have a Credible inquiry.

    d)That is where the international pressure, not intervention, is necessary:
    I like to say that pressure without intervention means leave it to Sri Lanka to set up an Inquiry. Do you honestly believe it will work. I don’t think it would as MR is a master of deception and he will look for some excuse to put it off.

    e) Any procedure to investigate any violation, whether international, national or peoples should follow the internationally established due process and impartiality and independence from political machinations of all sides.

    *** I agree with you that we need to set up an internationally established due process and impartiality but disagree with your notion of all sides as in my view there is only one side that needs to answer which is the GOSL.

    • 0
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      Kali,

      Reaching consensus is a difficult matter on many issues let alone the SL conflict. Just because of that I wouldn’t call you ‘unfair minded.’ Two reasons given for your ‘disillusionment’ are in my opinion not completely correct. On point (1) you may be correct on a legal plain saying two sets of rules apply to State (GOSL) and non-State entities (LTTE). But I approach the issues on moral grounds first, and on legal grounds second. Even the international approaches have changed overtime on this matter. In the 1980s only the GOSL was held responsible for all HR violations. But in the 1990s, even the LTTE was held responsible. That is why it was banned. (2) Yes, an elected government should not behave like an entity like the LTTE. I normally blame the government, but in this instance of my article I have been trying to highlight certain other extremes. I have done this even before. It is unfortunate that a person like you take offence on that and want me to always criticise only the government. That is not fair mindedness. I have never used the ‘terrorist’ label unnecessarily for any organization.

      On your point (a), I think you have misunderstood what I said. Read the relevant paragraph again with the previous paragraph. I was trying to highlight the absurdity of the PPTSL conclusion and not that I believe the USA, Britain or India responsible. Or the TGTE or any other should file charges against them. How can I blame those countries, since I have clearly supported the government in crushing the LTTE as the last resort with their support, but not war crimes? I maintained that justice should be done to the Tamil community after the war.

      On point (b), it is not merely a question of charging people on both sides but finding the truth for reconciliation. Even if you are correct in saying that the LTTE was a creation of Sinhalese atrocities, I don’t think it is correct to approve the atrocities that they did. This principle applies to anyone. For example, just because one is denied of rights, that person is not justified in resorting to violence for example. This is what I believe. However I agree with you that people like Karuna should be accountable in a formal manner.

      On point (c) I do believe that the genocide accusation is farfetched. In this space I cannot explain but I have given some reasons in the article for example UNSG’s position when he came to Sri Lanka. It is possible that some Tamils feel that way but it is not correct. Contrast the situation in Rwanda with Sri Lanka. Any pressure or forceful adjustment to a community cannot be called genocide although wrong. I frankly don’t think there is overwhelming evidence.

      On point (d), you have said “pressure without intervention means leave it to Sri Lanka to set up an Inquiry.” If you want an international intervention just for an inquiry, it is disproportionate. It will not happen. The best they can do is to ask and possibly ensure an independent inquiry. That is possible and that is what I have advocated. However, that to happen the extreme position of the government that denies any violation and extreme positions of the Tamil community for genocide inquiry should stop. In my last article I highlighted the latter. But didn’t I write “What is the Timeframe for War Crime Investigations Mr President? It was among other articles. Are you asking me only to criticise the government? Is that what you call fair mindedness? I think you are mistaken.

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        “|”s. Are you asking me only to criticise the government?”|2

        Your weakness like most is that you cannot criticise yourself nor your people to see the strengths and weaknesses. This comes from the fact of your lowness- masquerading where we see and catch you like that Jagath Jughead! Go sleep moron!

    • 0
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      Kali your opinion was well found. He indeed is another school teacher like DJ unable to fit into a profession and plays ducks and drakes.

      Even when these pric’s come to power by conning they think
      academic worst of all act academic and cockup in the real world.

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