{"id":120146,"date":"2014-02-17T04:20:17","date_gmt":"2014-02-16T22:50:17","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=120146"},"modified":"2014-02-26T01:45:29","modified_gmt":"2014-02-25T20:15:29","slug":"the-after-march-noose","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/the-after-march-noose\/","title":{"rendered":"The After March Noose"},"content":{"rendered":"

By Veluppillai Thangavelu<\/span><\/a> –<\/strong><\/p>\n

\"Veluppillai<\/a>

Veluppillai Thangavelu<\/p><\/div>\n

After March The Noose Likely To Tighten Around The Necks Of The Sri Lanka Military Hierarchy<\/strong><\/p>\n

All\u00a0eyes are on Geneva. Only 3 weeks are left\u00a0for the opening of 25th Sessions of the UNHRC<\/a><\/span>. \u00a0The 25th Sessions of the UNHCR is scheduled to be held from March 03 – 28\u00a0at Palais des Nations, Geneva.<\/p>\n

It is now certain the US will move its\u00a03rd resolution against Sri Lanka calling for an international investigation against war crimes, crimes against humanity committed by Sri Lanka during the last phases of the war in May, 2009.\u00a0 It is likely Britain and Canada might co-sponsor the resolution. This resolution has been necessitated\u00a0due to\u00a0the failure on the part of the Sri Lankan government to\u00a0implement the resolutions passed in 2012 and 2013 by an overwhelming majority of members.<\/p>\n

The US resolution adopted by the UNHCR on March 21, 2013 was more aggressive than the one passed in 2012.\u00a0 The\u00a0March 2012 resolution\u00a0only called on Sri Lanka to implement effectively the constructive recommendations made in the report of the LLRC<\/span><\/a> and to take all necessary additional steps to fulfill its relevant legal obligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation for all Sri Lankans.\u00a0 The resolution adopted\u00a0in March, 2013 signified a\u00a0hardening of the international community\u2019s stance on human rights issues in Sri Lanka.\u00a0 There\u00a0was\u00a0a shift away from a focus on reconciliation to a focus on accountability for past human rights violations and war crimes.<\/p>\n

The\u00a02013 resolution noted the call made by the UN High Commissioner<\/span><\/a> for an independent and credible international investigation into alleged violations of international human rights law and international humanitarian law. The resolution also stated that it “Encourages the Government of Sri Lanka to implement the recommendations made in the report of the Office of the High Commissioner, and also calls upon the Government to conduct an independent and credible investigation into allegations of violations of international human rights law and international humanitarian law as applicable.”<\/p>\n

Sri Lankan government response<\/b><\/p>\n

The response by the Sri Lankan government\u00a0is one of\u00a0ridicule, sarcasm, contempt and defiance. It openly declared that Sri Lanka was not bound by the resolution. Sri Lanka may be technically right to\u00a0claim\u00a0resolutions are non-binding, but there are\u00a0political and economic consequences for taking that stand globally. The UN Charter encourages member states to comply with UN conventions and protocols.\u00a0 Being the main UN Agency\u00a0concerned with human rights the discussions held by the Council as well as its resolutions carry great weight on issues relating to human\u00a0rights.<\/p>\n

The problem with Sri Lanka is its dilly dallying over\u00a0full implementation of the LLRC recommendations.\u00a0 Mahinda Rajapaksa lacks the will and the commitment to bring about genuine reconciliation.\u00a0 He doesn’t believe in a multi-ethnic, multi-lingual multi – religious and multi-cultural Sri Lanka. He doesn\u2019t believe in equality before the law, due process, diversity and democratic pluralism that places limits on state authority.<\/p>\n

On an ideological plane, he is no different from the likes of Wimal Weerawansa (NFF)\u00a0 Champika Ranawake and Udaya Gammanpilla (JHU)\u00a0 and Gunadasa Amarasekera (PMM). They all believe in a monolithic Sinhala – Buddhist<\/span><\/a> state where there is no place for national minorities. They are in the forefront in their demand\u00a0 that the government rejects the LLRC report, abolish Section 13 A and ditch Provincial Council system.\u00a0 It is no accident Mahinda Rajapaksa<\/span><\/a> has\u00a0 appointed former Western Provincial Councillor and Deputy Secretary of the JHU\u00a0 Udaya Gammanpila as the UPFA`s\u00a0 Colombo District Group Leader for the upcoming Western Provincial polls. This is a first in the history of SLFP the leading partner in the UPFA.<\/p>\n

US 3rd Resolution<\/b><\/p>\n

As at the time of writing, US have not disclosed the contents of its draft resolution. US must be canvassing support from\u00a0friendly countries\u00a0for the resolution. It must be also waiting for Navaneetham Pillay’s report to the Council. It\u00a0may be\u00a0recalled that\u00a0the US sponsored\u00a0resolution adopted by the UNHRC in March 2013 asked the “Human Rights Commissioner to \u201cpresent an interim report at the twenty-fifth session (next month) of the Human Rights Council, on the implementation of the resolution.\u201d<\/p>\n

Navaneetham Pillay\u00a0paid a week long\u00a0visit to\u00a0\u00a0 Sri Lanka and reported that \u201cI am deeply concerned that Sri Lanka, despite the opportunity provided by the end of the war to construct a new vibrant, all-embracing state, is showing signs of heading in an increasingly authoritarian direction.\u201d Her visit provoked vituperative and angry\u00a0outburst against\u00a0her. Abuse and\u00a0insult at a personal level\u00a0were directed at her by\u00a0\u00a0 Sinhala extremists. She was described as a tool of the Thamil Tigers.\u00a0 Defence Secretary Gotabhaya Rajapaksa insinuated \u00a0that UN human rights chief Navi Pillay\u2019s visit to the island nation was influenced by propaganda from elements of the LTTE that was defeated in a civil war in 2009 (read here<\/span><\/a>\u00a0). This was an unwarranted and crude attack on the integrity of the Human Rights Commissioner.<\/p>\n

Navaneetham Pillay\u00a0hit back saying\u00a0the claims were both “wildly inaccurate” and “deeply offensive” Xinhua reported. She the abuse against her on the basis of her Indian Thamil descent has reached an extraordinary crescendo during her visit to assess the country’s human rights situation four years after the end of the war with separatist rebels.<\/p>\n

Attacks on foreign dignitaries<\/b><\/p>\n

US Ambassador at Large for War Crimes issues, Stephen J. Rapp<\/span><\/a> fared no better.\u00a0\u00a0 Minister Wimal Weerawansa the fire eating politician had organised a\u00a0noisy demonstration outside the US Embassy despite his visit being kept at a low key.\u00a0 Why the government is allowing such boorish behaviour by a Cabinet Minister is beyond belief unless\u00a0he was being used as a cat’s paw.<\/p>\n

Sri Lanka refused entry visa to\u00a0Catherine Russell,\u00a0US Ambassador at Large for Global Women\u2019s Issues signalled\u00a0a hardening of positions in Colombo ahead of the UNHRC l Session in March. This is the first time such a high-ranking US official has been denied a visa to enter Sri Lanka.<\/p>\n

This time around, Sri Lanka has mounted its diplomatic offensive against US resolution in earnest. There is even talk about turning the tables on the US. Sri Lanka has despatched Ministers, Diplomats and anyone who matters to the capitals of all the countries that represent the UNHCR.<\/p>\n

Minister G.L. Peiris<\/span><\/a> has taken wings to Japan and South Korea. Both these countries abstained from voting\u00a0last year.<\/p>\n

Trouble shooter Lalith Weeratunga<\/b><\/p>\n

President Mahinda Rajapaksa\u00a0is leaning heavily on his Secretary Lalith Weeratunga<\/span><\/a>,\u00a0Monitoring MP of the External Affairs Ministry Sajin Vass Gunewardane\u00a0and Namal Rajapaksa Hambantota District MP to “engage” with the US administration.\u00a0 After their return,\u00a0Lalith Weeratunga told a media briefing “Sri Lanka’s fate hangs on tough lobbying in US.”\u00a0 He also told\u00a0the media that\u00a0US will present the\u00a0resolution regardless of what Sri Lanka\u00a0say or do.<\/p>\n

He said the GoSL would also have to gain access to some powerful lobbying groups to counter opposition that\u2019s mounting against it in the international arena. This confession is surprising when Sri Lanka has retained leading lobby firms at huge\u00a0costs to counter “LTTE” rump propaganda.<\/p>\n

Huge funds wasted on lobby firms<\/b><\/p>\n

According to Sunday Times (January 26)\u00a0 the government is spending\u00a0 15.7 million rupees per month to bankroll two major lobbying firms hired to improve Sri Lanka\u2019s image in the US. The\u00a0Central Bank\u00a0has also hired\u00a0US public relations and lobbying firm Thompson Advisory Group LLC (TAG). The Central Bank pays this company US $ 66,000 (or more than Rs 8.5 million) every month. The lobby firms\u00a0are tasked\u00a0 to create (1) \u201ca political climate\u201d in the US \u201cmore than conducive to enhancing Sri Lanka\u2019s long-term political and economic aspirations,\u201d (2) to create a platform where US decision makers \u201creceive clear and accurate information of Sri Lanka\u2019s current achievements and future plans, and (3) \u201ca higher volume of private sector investment in Sri Lanka,\u201d<\/p>\n

The Sri Lankan Embassy in Washington has also separately hired a US lobbying firm, called the Majority Group to lobby the US Government to change its attitude towards Sri Lanka. The Majority Group charges Sri Lanka Rs. 6.5 million for this task.<\/p>\n

So it is a\u00a0 humiliating confession when Lalith Weeratunga claims “US had more than 800 key lobbying groups of which the LTTE-sympathising fronts were using some of the most influential groups among them for lobbying purposes.”\u00a0 He does not\u00a0disclose\u00a0the LTTE’s lobbing firms and no one appears to be aware of the existence of such “most influential” groups.<\/p>\n

Government paralyses the Northern Provincial Council\u00a0 <\/b><\/p>\n

Be that as it may be, the government could have saved these huge funds had it mended fences with the Chief Minister<\/span><\/a> of Northern Province Council (NPC). Had Mahinda Rajapaksa would have acceded to two of his basic demands viz (1) To remove the military Governor and replace him with a civilian who could be a Sinhalese. (2) To remove the\u00a0Chief Secretary\u00a0whose allegiance is\u00a0with\u00a0the Governor and not the\u00a0elected Chief Minister? It is said\u00a0that she enjoys the backing of\u00a0a powerful cabinet Minister. In fact it is alleged she owes her appointment to the very same Minister. Apparently, Lalith Weeratunga is trotting out lame excuses for not acceding to the requests of the Chief Minister.<\/p>\n

The government of Mahinda Rajapaksa repealed\u00a0the 17th Amendment and introduce the draconian 18th Amendment virtually overnight. It turfed out the\u00a0Chief Justice<\/span><\/a> through a process that lasted less than two weeks\u00a0and\u00a0finding\u00a0her guilty by\u00a0a Kangaroo court.<\/p>\n

Presently, a \u00a0\u00a0cold war\u00a0is raging\u00a0between the\u00a0Chief Minister and the Council\u00a0on one side and the Governor and the Chief Secretary on the other \u00a0\u00a0side. We now have a dysfunctional Council wasting public funds. The Chief Minister and Council elected by popular vote have become irrelevant. Resolutions passed at the Council meetings remain in limbo.<\/p>\n

The\u00a0 most sensible and cost effective way of\u00a0 winning the support of the international community is to implement\u00a0 UNHCR resolution(s) fully and in good faith. Total\u00a0rejection invites retaliatory\u00a0attacks by the same international community. In the mean time \u2013<\/p>\n

Call for action against Sri Lanka<\/b><\/p>\n

(1) The European Union has passed a\u00a0strong and comprehensive resolution, inter alia, supporting the right of self-determination of the Thamil-speaking people, up to and including secession,<\/b> according to their wishes, while safeguarding the rights of all minorities throughout Sri Lanka.<\/p>\n

(2) The US Senate\u00a0has adopted a\u00a0resolution on Sri Lanka for the attention of its Foreign Relations Committee. It was a cross-party resolution moved by five influential Senators, among other matters, calling upon US President Barrack Obama to \u201cdevelop a comprehensive policy towards Sri Lanka\u201d and urged an \u201cinternational investigation into reports of war crimes, crimes against humanity and other human rights violations\u2026\u201d Though the resolution is non-binding it pressures the executive branch and signals the sentiments of the influential Senators involved and those who back them.<\/p>\n

(3) The Australia-based Public Interest Advocacy Center’s report\u00a0has\u00a0accused Sri Lankan forces of broad human rights violations in 2008 and 2009.\u00a0 The report said “Although violations were committed by both sides, the evidentiary material indicates that members of the Sri Lankan security forces perpetrated the vast majority of alleged crimes during the investigation period.” The report, called “Island of Impunity,” calls for an internationally mandated investigation into the allegations. It was produced by a five-member panel of experts who examined testimony from witnesses, documentary evidence and other reports that concluded “….. some of the alleged crimes were committed with \u201csuch flagrant and reckless disregard for the laws of war which strongly suggests there was intent to commit those crimes.\u201d<\/p>\n

(4) The Australian Senate has passed a\u00a0motion\u00a0in support of an international investigation into alleged war crimes in Sri Lanka. The motion also asked the Australian government to support the United States in its call for the \u201cinternational community to establish an independent international accountability mechanism to evaluate reports of war crimes, crimes against humanity, and other human rights violations committed by both sides during and after the war in Sri Lanka.<\/p>\n

(5) The Second Session of the Peoples\u2019 Tribunal on Sri Lank held in Bremen, Germany and the panel of eleven judges unanimously found Sri Lanka guilty of the crime of genocide against the Eelam Thamil people, and that this crime continues today. The Tribunal specified that the victims are in this case the Eelam Tamils as a national group.<\/b><\/p>\n

Mahinda Rajapaksa has no stomach for genuine reconciliation<\/b><\/p>\n

The million dollar question is what happens despite optimism displayed by\u00a0GoSL the US resolution is passed by a majority of members of the UNHRC? GoSL is in a defiant mood. President Mahinda Rajapaksa speaks about an international conspiracy against his government. He has even said that some countries are gunning for a change of regime.\u00a0 He has no plans to\u00a0win over the Thamil community by allowing them\u00a0\u00a0 autonomy\u00a0to manage their own affairs. It will\u00a0prove the\u00a0most sensible move that will cut the support base of Thamil separatism. Chief Minister C.V. Wigneswaran and\u00a0TNA leader R. Sampanthan<\/span><\/a> are moderates not extremists asking for the division of the country. After the war ended in 2009 Mahinda Rajapaksa should have resettled and rehabilitated\u00a0the victims of war speedily and made them feel the government truly cares for them. \u00a0He should have taken steps to provide meaningful relief to the 89,000 war widows. But, he did nothing to alleviate the trials and tribulations of the IDPs. \u00a0He is treating the Thamil people as a conquered race who have no choice but to accept Sinhala hegemony.<\/p>\n

The Thamils firmly believe in the self evident truth\u00a0that the tears shed by people subject to oppression which they suffer (from the ruler) become a file to waste away his wealth! The country of the ruler will daily falls to ruin who does not daily examine into and punish crimes. <\/b><\/p>\n

Judging from the stand of the GoSL that no\u00a0war crimes<\/span><\/a>\u00a0were committed and\u00a0accusations brought against it are dubious and a conspiracy, it will not agree to hold the\u00a0War Crimes Inquiry (WCI) inside\u00a0Sri Lanka.\u00a0 It has to be out side of Sri Lanka.<\/p>\n

Individual Countries may \u00a0investigate\u00a0 war crimes<\/b><\/p>\n

Since Sri Lanka is not a\u00a0signatory to\u00a0the Rome Statute the findings of\u00a0the\u00a0WCI cannot be taken to the\u00a0ICC\u00a0for prosecution of those found guilty. Such prosecution will require a Security Council referral.\u00a0 It is likely that both Russia and China will veto any resolution to prosecute Sri Lanka.<\/p>\n

However, individual countries may investigate and prosecute alleged culprits over whom they have jurisdiction, such as those with dual-nationality. In addition, a number of countries apply universal jurisdiction in respect of certain crimes, such as war crimes, allowing them to prosecute individuals irrespective of where the crime was committed, the nationality of the culprits and the nationality of the victims.<\/b><\/p>\n

In this scenario, US and it allies might\u00a0decide initially to impose travel and other economic sanctions against Sri Lanka.\u00a0 Whatever may be the case, the noose will\u00a0slowly but surely\u00a0tighten\u00a0around the necks of the Sri Lanka Military hierarchy after March, 2014.<\/p>\n","protected":false},"excerpt":{"rendered":"

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