Is Sri Lankan domestic initiatives for war time accountability and reconciliation a non starter?

Reminiscing on this issue of culpability begs the question – Is the query of accountability and reconciliation a non issue among Sri Lankan leaders?  Governments come and governments go but this issue remains on the back burner raising the perennial question of, who are the sons and daughters of this nation state? Is there a legitimate approach to their inherent human rights irrespective of their identity?

This query becomes urgent when the UNHRC begins their periodic investigation.

What has been the stumbling block in clearing this problem? By and large it has been a question of defining the concerns of the UNHRC and the position of the Sri Lankan government on this matter.  The major issue is one of investigating the culpability of the forces during the three decade war with the LTTE and vice versa.   Contradictions arise as the SL government looks upon some of the accusations as inconsequential issues, non- events, claiming either that casualties have been at a minimum and therefore at a negligible level or there has been none at all. Hence their claim that there is no weighty area that calls for   investigation by the UNHRC.   

On the contrary, ever grateful for terminating the three decade war and the elimination of the dreaded leader of the LTTE, the Southern constituency spearheaded by their political  leaders have created an’ aura’ around the forces.  On the basis of their success the forces have been put into  a category of ‘exclusive persons’ who it is deemed cannot be criticised or questioned on any count related to the conduct of the war; they are referred to as the veerodhara men and women or war heroes.   This is a fair tribute to the forces responsible for winning the war for the Nation. Yet it is questionable to presume that they could not have done any harm in the past nor can do any in the future.

However, there is no denying that in the course of waging a war, there is often an intensity of ardour that arises within the fighting forces at which point judgement of right and wrong becomes cloudy and imperceptible; elimination of the enemy by whatever means takes precedence.  Some errant behaviour at this point is to be expected and in a war context it will be a viable supposition.  Notwithstanding this the entirety of the forces have been identified as an exclusive group of men and women who can do no wrong and consequently need not be even investigated let alone be charged of any offence. In such a context, there is no possibility of coming to an understanding between the government of Sri Lanka and the UNHCR. The Sri Lankan state has maintained this position even in the face of credible implications of grave crimes and human rights violations by the forces as well as the LTTE.  The call for investigation will remain an empty one which will not receive resonance from the authorities within the Sri Lankan nation since the latter is in denial of accepting even evidence presented to them. 

Over the years UNHCR had made repeated requests for a review with recognized legal experts  to have this matter of culpability investigated in order to  arrive at an acceptable verdict. The Lankan authorities did not accede to this request on the ground of external intrusion into the nation’s sovereignty. Had we accepted expert legal investigation this matter could have been put aside a long time ago and the nation could have stepped on to the path of reconciliation. There is undoubtedly an issue of sovereignty but on this matter it could have been waved in terms of practicality. There are occasions when we have sought assistance from international organizations to overcome domestic exigencies like assistance from the World Bank.  On such occasions we were compelled to submit to their conditions even if it be for a brief period.I believe at times like this there is a need to be pragmatic as it is confined to the safe area of advice proffered and not  action  demanded. It is up to the authorities to know when it is necessary to compromise on our stand on sovereignty for the sake of pragmatism and reasonable external goodwill and when it is necessary to hold out to secure the nation’s sovereign rights.

It has also become vital to establish cohabitation for the sake of internal peace amongst the communities without relevance to international players. If this had been followed then it would have been possible to keep peace amongst the different communities. There would then have been no role for the UNHCR.

Insularity encourages growth of anti-democratic tendencies as witnessed in the country. In such circumstances the politicians and the citizens have no yardstick- in terms of world standards- by which their behaviour can be measured.  The 19th amendment to the Sri Lankan constitution that restrained authoritarianism was withdrawn and the 20th Amendment put in place which restored much of the powers of the Executive and encouraged the installation of several personnel from the forces to administrative positions encouraging fear psychosis of an emerging military government among the people.

In this atmosphere reconciliation has receded in importance especially after the Easter onslaught by Muslim extremists against Christians who were in church or those going towards the church.  This increased the already strained relationship between the Muslims and the Sinhalese following the Southern turmoil that was created by Sinhala chauvinists against the Muslims further bruising relationships.

This situation of ethnic tension is further complicated by the lack of guidance from the leaders of the two minority communities.   We had a recent incident of Muslim MPs voting with the government to enable them to have a ⅔ rd majority for the passage of the 20th Amendment, resulting in a lot of upheaval amongst the Muslims. Their decision had no prior support from the people. It appeared to be an on the spot decision by the Muslim MPs.  The Tamil leadership in the North on the other hand is concerned with agitating for increased administrative power rather than making policy decisions that will benefit the jobless men and women and the war widows living in extreme poverty .Since the issue of reconciliation has been put on the backburner frustration is creeping among the minority Tamils.  To date the international community has not been in a position to compel the government to be accountable for the actions of the forces during the war particularly towards the end of the war.  The authorities who could move in this matter have been noted for being a non-starter; therefore the initiative has to come from the challenged majority especially the enlightened men and women at the helm of power as well as from the civic society.

It is time to think afresh on an independent line and not on the oft repeated base of the UNHRC concerns or that of our leaders. Even after the passage of the Sinhala only Bill the Muslims as a community were looked upon as a friendly ally. They entrenched themselves as a community who were willing to learn the Sinhala language, engage in employment whenever available and created wealth by setting up numerous small business ventures. Until the anti-Muslim riots targetting Muslims in the south in 1918, the Muslim community had remained friendly and cooperative with the Sinhala majority.  In fact during the war years some among the Muslims who had the capability acted as the fourth column and gave vital information they gathered during the war and passed the information to the establishment. After the end of the war the situation changed when the Sinhala Buddhist extremists were keen to make their position stronger as a mono-community.

The UNHRC sessions on Sri Lanka highlights the major issue of Sri Lanka’s withdrawal from its commitments to the UN Human Rights Commission in Geneva. The observations are made following investigation of both the government forces and the LTTE as well. There is therefore no bias against the government; the objective is seen to be on evidence of serious violations of the rights of the victims. The purpose of the UN rights commission is to investigate and prove or disprove culpability or non-culpability of individuals charged with rights violations.  This will conclude the Investigations should bring about closure to this vexed issue of were there human rights violations or not and open the page to sustainable peace.

To put a closure label on this matter Sri Lankan forces and the Tamil tigers need to be investigated and be prosecuted if found culpable.  Regardless of repeated requests SLhas failed to accede. Despite Sri Lanka’s reluctance to identify the guilty UNHCRhas unilaterally requested other member countries to investigate and if found guilty access the International Criminal Courts and proceed under extraterritorial or Universal jurisdiction. Such a step would seem to be a high handed action, an intrusion into a nation’s independence even if it be justified under extraterritorial or universal jurisdiction.  It is perhaps acceptable in the circumstances to make soft targets such as asset freezes and travel bans against the members of the administration to activate the government that has remained sluggish to this issue.

At this point the provincial councils should step in and introduce policies that will ameliorate the prevalent conditions of poverty and the neglect felt by the war oppressed who have had no relief from the government or their own provincial administration.

To make reconciliation a workable concept it is necessary for the government to probe the issue of hitherto unaccounted persons or what is referred to in common parlance as disappeared. It may be that they are dead or in custody or have escaped to foreign countries hoping for a better future and have become a part of the diaspora. Whatever it may be it is vital for the near and dear relatives to have the information as to their whereabouts. In the absence of any intimation relatives cannot have closure and will continue to be in despair. Security of the citizens is a primary function of a government. Regardless of UNHCR’s concern this matter has to be given priority if the country is to be in peace and tend to their respective roles in their everyday life. This would be another way of cramping the negative activities of the LTTE and the diaspora both of whom continue to keep the ethnic issue alive.

It is also important to follow policies of inclusion of all communities be it in education, employment or in the peaceful pursuit of the small scale businesses the minorities are engaged in. Development of the country requires amongst other variables an absence of skirmishes either spontaneous or pre planned by extremists from the majority or minority communities. The government has to strategise its approach and programmes as well as that of the other active players on the field if peace and harmony is to prevail.  If we look after our population there will be no reason for the international community to concern themselves regarding the welfare of our citizens. This course will also give us the space to develop our programs for the benefit of all the constituent citizens irrespective of majority minority divisions or of the ethnic divide. Peace will prevail and the country will grow in strength.