You are currently browsing the tag archive for the ‘ICRC’ tag.
I am very sorry for what Britain is going through at the moment, and even sadder, to be parochial, that this should be happening when its leadership is more decent and straightforward than at any time in the last two decades. But poor Theresa is suffering now for the sins of her predecessors, who took Britain into wars that privileged extremists.
Britain may be shocked now about the revelations about the Libyan connection to the terrorism in Manchester. But its people should – as Corbyn as tried to point out – make the connection between that and the vicious manner in which Gaddafi was removed, making use of extremists who are obviously motivated by hate and see violence as a ready answer to whatever they think alien.
With India also now blindly following a Western line – as some of its rulers did a few hundred years back because of their fear of neighbours, only to find the British more ruthless taskmasters when they had established their hegemony – it is left only to a few brave Latin American countries to point out the wickedness as well as the absurdity of what the West is up to (as when Trump responded violently, as jihadists to, to yet another allegation of chemical warfare – which more objective observers attribute to the chosen instruments of the West, whether spurred on by them or not remaining uncertain).
I regret then the days when Dayan was in Geneva, and made common cause with the brilliant Indian diplomats there, as well as others representing a neutral perspective. Now, forbidden to intervene except to kowtow to the West, we will no longer enjoy the influence we had in those days, when for instance we were invited to take on a lead role in the Group of Fifteen (which Mangala proceeded to entrust to Gihan Indragupta, who had been attacking our forces even when he was being recruited to the Foreign Ministry).
It is a pity that we have been silenced, for recently, courtesy of one of the few Britishers to stand up for principle, we have been provided with evidence of the duplicity of the British in their efforts to convict our decent soldiery of war crimes. We have now received, although with some important areas blacked out, the reports of the then British Defence Attache, Lt Col Anton Gash, during the last period of the war. Amongst his observations was stress on the ‘compassion, respect and concern’ shown by the soldiers for those being evacuated – and mention of the fact that these had ‘release’ passes issued by the LTTE. Read the rest of this entry »
So too it was individuals associated with Gotabhaya who made the Indian government feel it had been betrayed, which contributed to India supporting the American resolution against Sri Lanka at the Human Rights Council in Geneva in March 2012. After a meeting with the President, the Indians issued a statement to the effect that a commitment had been made to proceed with devolution in terms of the 13th Amendment, but a Presidential spokesman denied this. There was no effort by the Foreign Ministry to reassure the Indians, and a letter sent by the Indian Prime Minister seeking clarification went unanswered – or, rather, the Minister of External Affairs, having sent an answer, then withdrew it, with a lack of professionalism that would have been startling had this not by then become endemic in that Ministry (which, as a shrewd observer put it, was territory occupied by the Ministry of Defence, which in turn was territory occupied by the Israelis).
Gotabhaya’s fatal misunderstanding of the way the world functions became apparent when, in 2009, he was instrumental in having our Permanent Representative to the UN in Geneva removed. Dayan Jayatilleka, handpicked by the President for the job, had initially been close to Gotabhaya, and indeed helped him with procuring arms from different sources at a time when some Western nations were trying to impose an embargo of sorts. But it soon became clear that they had very different perspectives on the purpose of winning the war, and Gotabhaya proved the decisive factor in enabling the then Foreign Minister, Rohitha Bogollagama, to have Dayan unceremoniously dismissed. This was in July 2009, just a couple of months after he had staved off a forceful attack on Sri Lanka in the form of a Special Session requisitioned by the West.
I used to think that this was mainly because Dayan had articulated forcefully the need to proceed with devolution immediately after the war, and got involved in protracted argument in newspaper columns with journalists close to Gotabhaya. But it transpired later that the Israelis had long been pressurizing Gotabhaya to have Dayan dismissed, given the leadership he provided in Geneva to the Palestinian cause. Once there seemed no further need for Dayan, since he had prevented interventions that might have stopped the war and let the Tigers off the hook, Gotabhaya obliged his patrons.
That Dayan’s dismissal upset the Indians, and indeed the vast majority of countries that had been in the forefront of support for Sri Lanka during the war, meant nothing to Gotabhaya. In fairness to him, what amounted to adherence to an ultimately Western agenda may have seemed to him sensible, since he had also obtained support for the war from the United States Defence Department, during the hawkish days of George Bush. Certainly, even as late as 2013, he was expressing confidence that the United States would not press a case against Sri Lanka, since he felt the Defence Department was fundamentally on his side. He seems not to have understood that the Defence Department in the United States carried much less influence on government than he himself did in Sri Lanka. And he certainly did not understand that Israel’s primary motive was self-preservation, and that they had no worries about the consequences for Sri Lanka of Dayan’s dismissal, provided they got rid of a potential threat to their own power. Read the rest of this entry »
What was termed the militarization of the North was attributed mainly to Gotabhaya Rajapaksa, Secretary of Defence, and in many minds he was considered the greatest barrier to Reconciliation. He was thought the architect of the policy that held security to be the most important consideration, and that to ensure this the footprint of the military had to be heavy and pervasive.
This was ironic, for during the course of the war he had seemed of the view that, while the forces could handle the military requirements, a settlement required the politicians, and setting this in place was not his role. Indeed, in this regard he seemed the opposite of his Army Commander, Sarath Fonseka, who was thought to be of the view that a policy of settlements in the North was the best way of guaranteeing peace. Gotabhaya, on the contrary went along with his brothers, the President and Basil, when they sidelined Fonseka, having refused his request that the army be enlarged; and, as noted, Basil went ahead with a policy of swift resettlement, which was in accordance with the pledge of the President.
Indeed, even during the war, Gotabhaya had seemed soft in comparison with Sarath Fonseka. His chosen instruments were officers such as Daya Ratnayake, appointed Army Commander in 2013, who had developed the strategy that ensured that there were hardly any civilian casualties in the East. Sarath did not like Daya Ratnayake, and sidelined him and would have had him retired early, but Gotabhaya saved his career by sending him off to China for his Staff College Course. When he came back, he was not used at all in what remained of the Northern offensive.
Sarath had a no nonsense approach to the conflict, and when the ICRC told him that firing was coming close to hospitals, his response was on the lines that the hospitals should no longer have been there, since they had been instructed to move. Gotabhaya on the contrary had taken notice of such warnings and indicated that he would have the line of fire changed.
In general, Gotabhaya and his preferred instruments such as Jagath Jayasuriya who, as Commander of the Special Forces in Vavuniya, was in charge of the Northern operation, tended to follow international law as best possible. Given the general strategy followed in the war, and the care taken in most quarters to avoid civilian casualties, there is no doubt that Sarath Fonseka also followed the general principles laid down by the civilian command, but it was also apparent that he sometimes saw this as a needless hindrance. His initial account of the killing of those who tried to surrender by carrying White Flags and leaving the Tiger lines indicates his bluff mindset, for he was reported as having said that those in air-conditioned rooms, an obvious reference to Gotabhaya, ordered that they be spared. He however had done what was required, since he knew how they had behaved in the past.
It was odd then that, a couple of years later, Gotabhaya should have inherited the mantle of the hard-liner, but perhaps it was inevitable given the manner in which government decided to respond to the challenge presented by Sarath Fonseka, when he stood for election against Mahinda Rajapaksa as the common Opposition candidate. Having experienced what seemed a Damascus style conversion, doubtless because he was backed by the Americans (who could not have been ignorant of his measure but thought him the best instrument of applying pressure on Rajapaksa), he put himself forward for election as a dove. He was indeed supported by the UNP, which had not supported the crushing of the Tigers, and by the TNA, the main Tamil political party. His approach then to the White Flag case was that it was those in air-conditioned rooms who had given orders that they be killed.
Government responded, not by pointing out the contradictions in his accounts, and calling him a liar, but by saying he was a traitor. They had decided that, since Fonseka was the principal opponent in the election, it was the hardline vote that had to be won. Patriotism, in order to get the better of Fonseka, had to be tough, so it did not matter that the impression they created was that his story might be true. The upshot of this, of course, was that when the LLRC recommended inquiries into possible abuses, the government was in difficulties, since Fonseka could well have called them traitors for letting down patriots who had only done what was necessary to eliminate terrorism. Read the rest of this entry »
Military intelligence understands well that the diaspora is not a monolith. Indeed my interlocutor noted that only about 7% of the diaspora were supporters of the LTTE. But this made it all the more culpable that government has done nothing about working with the rest, the more than 90% who have wanted only for their kinsmen who remained in Sri Lanka to enjoy equal benefits with the rest of the population. The LLRC recommendation in this regard, about developing a policy to work together with the diaspora, has been completely ignored. Instead those who did well in this regard, such as Dayan when he was in Paris, were the subject of intelligence reports that drew attention critically to their work with Tamils. The fact that in theory this was government policy meant nothing, since very few others were doing anything about this, and there was no coordination of such efforts in Colombo.
Excessive zeal on the part of military intelligence seems to have caused other disasters. We had an excellent High Commissioner in Chennai, but he was summarily removed because, it was reported, the security establishment had criticized him. Similar reports were in circulation about the withdrawal of our High Commissioner in Malaysia, though he himself thought the Minister of External Affairs was the real villain of the piece.
In Chennai, no efforts had been made to engage in the dialogue that the High Commissioner, who was Tamil, tried to initiate. When I spent a few days there a couple of years ago, with my ticket paid for, not by government, but by an agency that had wanted me in Nepal but was willing to fund a journey through Chennai, I was told that I was the first senior representative of government who had gone there for such discussions. The academics and journalists who attended the meetings were willing to listen, but soon afterwards the High Commissioner was exchanged for a Sinhalese, and the initiative stopped. It was only a couple of years later that government finally got round to inviting the senior newspaperman Cho Ramaswamy to send some journalists to report on the situation, which High Commissioner Krishnaswamy had advocated much earlier. What they published made it clear that we had erred gravely in ignoring his advice for so long. The obvious benefits of having a Tamil in station in Chennai, which without him even doing anything made it clear that allegations of systemic discrimination against Tamils were misplaced, never occurred to a Ministry of External Affairs which seems more keen to assuage possible ruffled feelings within Sri Lanka than develop and implement a foreign policy that would take the country forward.
I plan to conclude this series on March 25th, since by then I would have written over a hundred columns on the subject. Besides, I see March 25th as a special day, because it is the birthday of Bishop Lakshman Wickremesinghe, one of the founders of the Civil Rights Movement in the seventies.
I will write about him for that date, but meanwhile I would like to spend the next couple of weeks reflecting on the achievements of those who have made some sort of a difference to the promotion of Rights in Sri Lanka. Unfortunately I don’t think people like me who engage in advocacy, such as through this column, have achieved very much. When they do so, it is by engaging the attention of those who have responsibilities for executive action and who take their responsibilities seriously.
That responsibility does not necessarily have to lie with government. There are several agencies that have formal responsibilities that can also take initiatives. Chief amongst them in Sri Lanka is the Human Rights Commission, which has certainly shown itself willing, but which at present does not have enough capacity to push through the reforms it understands are needed. Unfortunately it is not moving swiftly enough on proposing the reforms to its own powers and structures, as envisaged by the National Human Rights Action Plan, which the Cabinet has approved.
As pressures mount in Geneva, my bemusement increases at our failure to answer systematically the many charges made against us. I had long pointed out that the criticisms made were by and large untenable, but there were certain incidents which required to be investigated further. This view, based on close observation from the vantage point of the Peace Secretariat where I had set in place mechanisms to monitor allegations and check on them, was confirmed by the LLRC Report. That highlighted the need to check on the treatment of surrendees while affirming that indiscriminate attacks on civilians etc were absurd and tendentious charges.
To dismiss those charges however requires logical argument based on evidence. This approach is sometimes not acceptable, as I realized when I was roundly attacked for having declared way back in June 2009 that there had been civilian casualties. The then Attorney General asked me why I had said this, to which my answer was that it was true. I could however understand his assertion that people would try to make use of my answer, and I sympathize with those who feel they might succumb to leading questions and therefore stay silent. But the way of dealing with such matters is to point out the nonsensical nature of such stratagems – as I did with Stephen Sackur on ‘Hard Talk’ when he asked whether I was admitting there were civilian casualties – rather than hiding one’s head in the sand, ostrich-like, and pretending one knew nothing, or even worse, denying reality.
Unfortunately, given that we have so many ostriches in the country, blank denials are thought preferable to logical argument. Thus we seem internationally to have lost the battle with regard to the number of casualties, which has reached the inflated figure now, sanctified by the blessed Darusman, of at least 40,000. These are claimed to be civilians who were killed in indiscriminate firing.
I was finally spurred, by the enormous effort made by a few expatriates to take a careful look at the casualty figures for the conflict, to try myself to put together some figures systematically. Long ago I had made some estimates, based on the details I had got from Tamilnet as well as on figures from the ICRC of the sick who had been taken to hospitals in government controlled areas. But though government has now accepted what I said, at the time I was even criticized for my candour by those who should have known much better.
I should note that I was not entirely on my own, for the army, understanding better than most what was at stake, helped me with visits to the sites where the fighting had taken place, and in particular to the hospitals which were largely undamaged, contrary to the propaganda put out about them. But when the books I produced were ignored, I thought it better to concentrate on reconciliation with regard to the future.
Recently though I have been heartened by two envoys who have done well in dealing with the media telling me that I had been their initial inspiration. And when Michael Roberts and the Marga Institute produced ‘The Numbers Game’, and the remarkably sharp journalist Kath Noble assessed this positively, I thought I should make yet another effort.
Going through the figures released by the Census Department, I was struck again by the contrast between data based on investigation and wild claims based on general statements and suppositions. The most recent example of this occurs in the book by Frances Harrison which is rapidly becoming the new Bible of critics of Sri Lanka, following on the Darusman Report and the book by Gordon Weiss. Interestingly the Petrie Report does not seem on the way to iconic status, perhaps because its selective attacks on UN officials, with no regard for truth, was too much for any establishment to stomach.
I cannot but reiterate enough however that the perpetuation of much of this hype is our own fault. Whereas we should have engaged straight away, as possible, in systematic investigation of the fate of all Sri Lankan citizens, we allowed several years to lapse before setting in motion any mechanisms at all. And now that we have the census data, we have done nothing about it that will facilitate refutation in the public domain of the claims of Harrison and her ilk.
This is the more astonishing in that we have long known how statistics can be regurgitated to haunt us. The legacy of the disappearances during the second JVP insurrection continues to dominate the records about Sri Lanka maintained by the Working Group on Disappearances. Sadly there was no systematic effort to convey the findings of the several Commissions set up in President Kumaratunga’s time to the WGD. Though at intervals the Foreign Ministry tried, together with the Attorney General’s Department, to work on this later, those efforts too were sporadic. And though we did our best when I was Secretary to the Ministry of Human Rights, leading for the first time in ages to positive comments on our engagement in WGD reports, that too was abandoned when the Ministry was shut down. Responses to communiqués ceased, leading to the harsh criticism that has resurfaced in recent WGD pronouncements.
As pressures mount in Geneva, my bemusement increases at our failure to answer systematically the many charges made against us. I had long pointed out that the criticisms made were by and large untenable, but there were certain incidents which required to be investigated further. This view, based on close observation from the vantage point of the Peace Secretariat where I had set in place mechanisms to monitor allegations and check on them, was confirmed by the LLRC Report. That highlighted the need to check on the treatment of surrendees while affirming that indiscriminate attacks on civilians etc were absurd and tendentious charges.
To dismiss those charges however requires logical argument based on evidence. This approach is sometimes not acceptable, as I realized when I was roundly attacked for having declared way back in June 2009 that there had been civilian casualties. The then Attorney General asked me why I had said this, to which my answer was that it was true. I could however understand his assertion that people would try to make use of my answer, and I sympathize with those who feel they might succumb to leading questions and therefore stay silent. But the way of dealing with such matters is to point out the nonsensical nature of such stratagems – as I did with Stephen Sackur on ‘Hard Talk’ when he asked whether I was admitting there were civilian casualties – rather than hiding one’s head in the sand, ostrich-like, and pretending one knew nothing, or even worse, denying reality.
Unfortunately, given that we have so many ostriches in the country, blank denials are thought preferable to logical argument. Thus we seem internationally to have lost the battle with regard to the number of casualties, which has reached the inflated figure now, sanctified by the blessed Darusman, of at least 40,000. These are claimed to be civilians who were killed in indiscriminate firing.
The facts speak otherwise, but we do not use the facts. The recent census report is not publicly discussed, and though there is a report that tries to use data from it to rebut allegations, the process is flawed because the report is long-winded and would not be read by anyone except those already convinced.