Sri Lanka’s despotic sway crumbling under UNHRC test: India may have to display a weird decision at Geneva?   

( Madan Menon Thottasseri )

India's PM- Man Mohan Singh speaks with Sri Lanka's President Rajapaksa during their meeting in New Delhi

Sri Lanka's President Rajapaksa shakes hands with his Indian counterpart Mukherjee during their meeting in New Delhi

President Rajapaksa holds the gearshift of a $40 billion economy that has enjoyed a partial peace dividend, and is on the track to recuperation by huge Chinese investments together with less comparable Indian investments as well into infrastructure. The island nation’s development projects would be more than $4 billion! The entire world must be aware that China cannot be expected to be unbiased over issues relating to India, particularly connected with Pakistan, now connected with Sri Lanka too. China’s care for Pakistan was depicted when it assisted the closest ally for clandestine nuclear proliferation. Will China demonstrate some unusual boon to Sri Lanka aiming to annoy India?

Obviously there were very staid international criticisms against Sri Lanka right from the end of war. Promises to release Tamil refugees and detainees were cautiously welcomed by many international organizations and governments. At one stage the British Minister for International Development Mike Foster who had been to Sri Lanka expressed disappointment on the slow pace of releasing detainees and even issued Press Statements warning for withdrawal of funding for refugee camps in Sri Lanka.  Sri Lankan regime had not shared details of resettlement plans which prevented global organizations to assist or guide on this respect. 

Why Tamil Parties demand for unification of two provinces to confine their freedom only within a single enclave? Instead, Tamil speaking Sri Lankans should retain their democratic right  to  come out of the shell and settle anywhere in the nation with full fledged rights of a citizen.

TNP had  apprehension to associate with Tamil parties to enable in arriving at solutions to the problems faced by the community as a whole, as it is holding a band  of 14 M.Ps from the Tamil speaking regions of North and East together and thus no chance to out-smart their dominance is to be given to others. Instead of clamoring for a unified Tamil territory by reuniting northern and eastern states which may lead to a Tamil enclave and a neglected area by easily attracting the linguistic nationalism breeding in the island, all parties can unite to stop attempts by government to deliberate colonization by bring new settlers to the traditionally ethnic regions. Recently Our Prime Minister had wanted Colombo regime to have deliberations with the Tamil leadership in the island nation, particularly entailing TNA.

At a time when U.N Secretary General Ban Ki Moon selected Jessica Neuwrik, Human Rights activist and a close confidante of Navaneetham Pillai, U.N Commissioner of Human Rights to lead the U.N panel in Sri Lanka there was big protest in Sri Lanka. The whole world know on the indifferent response to Navaneetham Pillay’s request for international investigations into the alleged killing of civilians during the final phase of the war 2006-09 against LTTE. She had declared that a similar request was made to Sri Lanka by the U.N. Secretary General then. Still Sri Lankan government never permitted her to visit the island nation.

The Rajapaksa regime was silent on its acceptance on the U.N panel even after the episode of fasting by his Minister Wimal Weerawansa. Later on he even pushed new initiatives, through NAM to prevail on U.N to accept for a National Commission to co-exist with the U.N panel? He was not supposed to be unaware that NAM have to be unbiased on matters connected with rehabilitation and human rights issues and should rightly reject the Sri Lankan requests, as done earlier. Still there was some initiative by Egypt at the 118 members’ NAMs despite knowing the fact that whatever is the end result, it would be irrelevant for an Indian stand on the issue. No resolution at NAM can undermine the power of the U.N Secretary General, the apex world forum. There is no parallel between the Sri Lanka and Middle-East issues. The scenario in Middle- East were different that are connected with violation of law and order at both ends while the Gaza strip was occupied by the Hamas. Innocent people are entangled into the tussle between Israel and Palestinians. Israel had mounted security precautions in the region due to movement of arms together with civil supplies to the enclave in flotilla through the Gaza strait.

Sri Lankan regime must gather support from all sections of society to arrive at a consensus on a challenging and lasting political solution for the peaceful muti-lingual and multi-religious society in the island nation. It is very important that government has to offer an economic package to refugees returning to native places, for commencement of farming; trade, business and industrial activities for generation of employment opportunities in the regions where they are being resettled. They should be given the right support to live with pride while preserving their own esteemed culture.

I strongly feel that island nation’s majority people are silently weeping for all carnages which seeded the feeling of abhorrence at the bottom of their minds. Of course, they can relinquish malevolence ideas over a period of time provided there are sincere efforts to put forth CBMs from all quarters.

Each and every citizen of Sri Lanka should contribute their individual might for Peace in their nation while rehabilitating the war displaced Tamil people and implementing a political solution for the Tamil ethnicity in the island nation

President Rajapaksa has to ensure that all citizens are to be assured of their safety and security and guarantee protection from any sources which instigate human rights violations. This will be possible only if an exclusive council with nominated members from the ethnic, minority and immigrant communities is formed in bottom level of Local Administration and Police Departments who can be contacted for any immediate assistance. This responsible council can be given the right to vouch the reliability of detainees who are still not released while suspected as threats to the nation. The high profile members can guarantee for their return to the mainstream society. Let all young people who had associated with militia and waged war be given the chance to return to their family and lead a normal life here afterwards.  

At the same time the government should not let any nationalist movements in disguise which instigate people to nurse feelings of repugnance targeting people of a particular creed or culture, whether in majority or minority societies. 

Let me recall our President, the then Finance Minister Pranab Mukherjee’s visit to Sri Lanka in November,2009 primarily to deliver the 4^th Lakshman Kadirgamar Memorial Lecture on Saturday 14^th November, 2009 and also to visit the Sacred Tooth Relic of the Sri Dalada Malingawa Temple in Kandy. He had urged Sri Lankans to make use of the cessation of war to pave the way to permanently change the complexion of inter-ethnic relations for the development of the island nation. He did reiterate that the   Political settlement is not a ‘zero-sum game’. As a down-to-earth advice, Pranab Mukerjee even cited India’s experience in managing multi-religious and multi-cultural societies. His speech had given thrust on democratic principles of devolution of power, equality for accessing opportunities and equal status before constitution that facilitated India to address divisive tendencies of all sorts. His said “clear separation of powers, rule of law, social justice, secularism, free press, vigilant citizens and civil groups have ensured that threats to your sovereignty from within or without are tackled with an inner strength that can come only through the ballot”. 

The regime at Colombo must understand that there should be thrust on democratic principles of equality and devolution of power for people irrespective of religion or ethnicity to avail equal opportunities and gain equal status under the constitution.

As NAM had precisely let down Sri Lanka, proving that it will have to avoid poking into complex issues that exists in the island nation, India gained an advantage to break silence on this issue, but unfortunately India had not taken any constructive stand! Just because China which empowers Pakistan in its surreptitious nuclear ambitions had supported Sri Lanka right from the issue of U.N panel, India had been keeping mum instead of putting forth the right advice and cautioning the island nation. There is limit for keeping aloof from the Sri Lankan issue worrying too much on Chinese overtones in the southern neighborhood or on the likely abnormal propagation of linguistic nationalism being mooted by certain regional politicians amongst Tamil speaking people of Tamil Nadu and elsewhere posing challenges to India as a whole. 

What Chief Defence Staff- Gen. Sarath Fonseka had written with mettle while putting down papers to President Mahinda Rajapaksa – “Your Excellency’s government has yet to win the peace, in spite of the fact that the Army under my leadership won the war” had really became discernible now. The deposed Chief of Ari Lanka military, the architect of the annihilation of the nonconformist LTTE in a historical military offensive in May, 2009 would not have imagined so much of predicament while observing as the opposition’s consensus Presidential candidate in the 2010 poll against the then incumbent President Mahinda Rajapaksa. The former Commander of Sri Lankan Army who was put behind bars citing military offences and got released after more than 2 years in May,2012 despite the court-martial verdict was for 3 years, alone can commend more judiciously on the letdown of Rajapaksa regime.

The United Nations Human Rights Council (UNHRC)’s ongoing session in Geneva which will end on 22^nd  March 2013 will cover deliberations on the human rights in Sri Lanka. Though the Lessons Learnt and Reconciliation Commission (LLRC), constituted by Sri Lanka had pluckily documented shelling of civilians trapped between army and LTTE during final phase of civil war, ironically the  5 members Court of Enquiry under the Lankan Army had refuted the LRCC findings which is lastly recognized by President as endorsed by the Defence ecretary!

The recent announcement of awards worth USD 5,00,000 for two projects in Sri Lanka one for increasing support and safety of journalists and the other for facilitating reconciliation in the island nation gained significance as it indirectly upsurge a positive image for the country. In fact the U.S State Department is to be appreciated for granting two projects to be undertaken by the Non Profit Organisation- DRL the goals of which are to strengthen the capacity of independent media in the area of investigative journalism and increase security for journalists in Sri Lanka as well as to initiate for the Post-War reconciliation aiming peaceful co-existence of all communities. Ideally DRL will pitch for deliberations between cross-community groups and other missions to encourage inter-communal collaborations for the implementation of programmes as envisaged by the LLRC recommendations. These grants at this time when U.S is pursuing a resolution on human rights violations at UNHRC naturally it get significance and there will be very divergent opinions throughout the world.

These grants will no away influence any nation to support or otherwise the resolution being put forth in UNHRC. There is no meaning in suspecting endeavors that are meant for prompting a nation, its regime and people at large to change perceptions for bringing together one and all into a cohesive whole to rebuild a motherland for all stakeholders. DRL is to be complimented for avowing that it will not consider any proposals that show any prejudiced supports to any member, affiliate or representatives of designated terror factions whether or not elected members of the government.

 A Protest against War Crimes in Sri Lanka by DMK MPs in front of the at Parliament House at New Delhi

DMK, one of the traditional regional Parties  in Tamil Nadu, part of the UPA government in centre had revived the Tamil Elam Supporters’ Organisation ( TESCO) in tune with the changed scenario while seeking lasting solution to the ethnicity in northern Sri Lanka as well to initiate a credible world enquiry  into all events of violation of human rights, ethnic killings and war crimes especially while surrendering to army, inhuman acts of oppression, sexual assaults and torture of helpless persons, including the family of LTTE leader Prabakaran etc. DMK Chief M Karunanidhi had expressed his displeasure on the divergent views aired by the UPA government and the Congress party.  It seems that the External Affairs Minister Salman Khurshid had asked his counterpart in Colombo to engage with U.S and keep him informed on the Lankan initiatives to improve human rights to enable India in arriving at a draft acceptable to all. While Ghulam Nabi Azad, General Secretary of the All India Congress Committee and in-charge of party affairs in Tamil Nadu had attended the TESO meeting held at New Delhi on 7^th march, 2013 had positively proclaimed that the draft resolution in the United Nations Human Rights Council in Geneva would be guided by the decision to support the resolution against Sri Lanka in March 2012. 

Naturally pressure is being build up on the UPA government as the all most all  political parties including the main Opposition BJP  together with CPI too wants to vote against Sri Lanka for the second time within a year and also to support the resolution demanding for effective measures so as to restore human rights of ethnic Tamils communities there. Simultaneously Sri Lanka has to ensure culpability on perpetrators who violated human rights and set up uphold for their socio-economic, cultural and land rights.

Navaneethan Pillay, the UN Commissioner for Human Rights, while addressing the opening session of UNHRC on 25th February, 2013 had mentioned on the rapidly deteriorating human rights situation in Iran and Sri Lanka. She had fervently attacked President Mahinda Rajapaksa and his regime for massive violations and despondently hauled India to the scene stating that India will have to face the dilemma on which way to vote while U.S and allies bring the issue of human rights violations in the UNHRC. Sri Lankan minister Mahinda Samarasinghe had retorted in his address accusing Navaneetham Pillay acting according to a secret agenda, without responsibility!

It is high time for India to arrive at a precise stand on the issue of the resolution being moved by U.S in UNHRC against Sri Lanka for its role in human rights violations and ethnic killings during the final stage of civil war. Indian stand should reflect the sentiments of all our citizens, especially from Tamil Nadu. Of course, whatever be the Indian stand and the outcome of the resolution put forth in UNHRC against Sri Lanka, India must ensure that Sri Lankan regime comes out with an indisputable political solution after the inclusive rehabilitation of the war displaced people.