Features
Reflections on Geneva and the way forward
by Gnana Moonesinghe
Are Sri Lankan domestic initiatives for wartime accountability and reconciliation a non-starter?
Reflecting on this issue of culpability raises the question ‘is accountability and reconciliation a non issue among 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 its 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 that of investigating the culpability of the forces during the three decade war with the LTTE and vice versa. The SL government looks upon some of the accusations as inconsequential non- events, claiming either that casualties have been at a minimal or negligible level or there have been none at all. Hence its claim that there is no serious issue calling 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 categorized as a special breed who cannot be criticized or questioned on any war-related matter; they are referred to as the veerodhara 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 they do so in the future.
However, there is no denying that in the course of waging a war and heat of battle when judgment of right and wrong becomes cloudy and sometimes imperceptible; elimination of the enemy by whatever means takes precedence. Some errant behaviour in such circumstances is to be expected and in a war context, acceptable. However the entirety of the forces have been identified as an exclusive group who can do no wrong and consequently need not even be investigated let alone charged of any offence. In such a context, there is no possibility of 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 evidence of grave crimes and human rights violations by the forces as well as the LTTE. The external call for investigation will not resonate with the authorities within the Sri Lankan nation since the latter is in denial and will not accept 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 go along on the ground of external intrusion into the nation’s sovereignty. Had we accepted expert legal investigation this matter could have been concluded 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 waived 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 conditions even briefly. I believe at times like this there is a need to be pragmatic. What is sought is confined to a 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 winning reasonable external goodwill, and when it is necessary to stand up for the nation’s sovereign rights.
It has also become vital to establish cohabitation for the sake of internal peace among the communities without relevance to international players. If this had been followed, then it would have been possible to keep peace between the different communities. There would then have been no role for the UNHCR.
Insularity encourages growth of anti-democratic tendencies as we have seen in this country. In such circumstances the politicians and the citizen have no yardstick- in terms of world standards – by which their behaviour can be measured. The 19th Amendment to the Sri Lankan constitution restraining authoritarianism was withdrawn and 20A put in place restoring many of the powers of the Executive. It also encouraged the installation of several military personnel to administrative positions. This fueled a fear psychosis of an emerging military government among the people.
In this atmosphere reconciliation has receded in importance especially after the Easter attacks by Muslim extremists against Christians who were in church or going to 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 and further bruised relationships.
This situation of ethnic tension is 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 it to have have the required two thirds majority for the passage of 20A. This resulted in many differences among the Muslims. Voting for 20A had no prior support from the people they represent and appeared to have been a 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 back burner, frustration is creeping among the 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 its closing stages. The authorities who could move in this matter have been non-starters; therefore the initiative has to come from especially enlightened men and women at the helm of power as well as from civil society.
It is time to think afresh independently rather than along oft repeated UNHRC concerns or those of our leaders. Even after the passage of the Sinhala Only Bill, the Muslims as a community were looked upon by the Sinhalese as a friendly ally. They presented themselves as a community willing to learn Sinhala and accept employment where available. They created wealth by setting up numerous small businesses. Until the anti-Muslim riots targeting 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 a fourth column and gave vital intelligence to the establishment. After the end of the war the situation changed when the Sinhala Buddhist extremists were keen to make their position stronger.
The upcoming UNHRC sessions on Sri Lanka highlights the major issue of Sri Lanka’s withdrawal from its commitments to that body in Geneva. UNHRC clims its observations have been made following investigation of both the government forces and the LTTE. There is therefore no bias against the government, it urges. The investigations seem to have focused on evidence of serious violations of the rights of the victims. The purpose of the UNHRC is to investigate and prove or disprove culpability or non-culpability of individuals charged with rights violations. This will hopefully conclude the investigations and bring closure to the vexed issue of whether there were human rights violations or not and open the way to sustainable peace.
To enable closure of this matter, both the Lankan forces and the Tamil Tigers need to be investigated and prosecuted if found culpable. Regardless of repeated requests SL has not acceded to this and UNHCR has unilaterally requested other member countries to investigate contentious matters and if guilt is established, 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 these circumstances to pursue soft targets such as asset freezes and travel bans against the members of the administration to activate the government that has remained sluggish on this issue.
To make reconciliation a workable proposition, it is necessary for the government to probe the issue of hitherto unaccounted persons or the disappeared, as they are commonly known. They may be dead, in custody or have fled to foreign countries hoping for a better future for themselves and become a part of the diaspora. However that be, it is vital that their near and dear have information of their whereabouts. Without that there can be no closure. Security of citizens is a primary responsibility of a government. Regardless of UNHCR’s concern, this matter must be given priority if the country is to be at peace and return to normalcy. Ensuring this will effectively cramp LTTE and diaspora propaganda keeping the ethnic issue alive.
It is also important to ensure inclusion of all communities in education, employment and in the peaceful pursuit of the small scale businesses. Development of the country requires among other variables the absence of tensions between communities, either spontaneous or pre-planned by extremists from either side. The government must strategize its own approach and programs as well as those of other active players in the development sphere if peace and harmony is to prevail. If we look after our own population there will be no reason for the international community to concern themselves about the welfare of our people. That will give us space to develop our programs for the benefit of all Lankans irrespective of majority and minority divisions. Peace can then prevail and the country grow in strength.
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There’s an ill more dangerous and pervasive than the Coronavirus that’s currently sweeping Sri Lanka. That is the fear to express one’s convictions. Across the public sector of the country in particular many persons holding high office are stringently regulating and controlling the voices of their consciences and this bodes ill for all and the country.
The corrupting impact of fear was discussed in this column a couple of weeks ago when dealing with the military coup in Myanmar. It stands to the enduring credit of ousted Myanmarese Head of Government Aung San Suu Kyi that she, perhaps for the first time in the history of modern political thought, singled out fear, and not power, as the principal cause of corruption within the individual; powerful or otherwise.
To be sure, power corrupts but the corrupting impact of fear is graver and more devastating. For instance, the fear in a person holding ministerial office or in a senior public sector official, that he would lose position and power as a result of speaking out his convictions and sincere beliefs on matters of the first importance, would lead to a country’s ills going unaddressed and uncorrected.
Besides, the individual concerned would be devaluing himself in the eyes of all irrevocably and revealing himself to be a person who would be willing to compromise his moral integrity for petty worldly gain or a ‘mess of pottage’. This happens all the while in Lankan public life. Some of those who have wielded and are wielding immense power in Sri Lanka leave very much to be desired from these standards.
It could be said that fear has prevented Sri Lanka from growing in every vital respect over the decades and has earned for itself the notoriety of being a directionless country.
All these ills and more are contained in the current controversy in Sri Lanka over the disposal of the bodies of Covid victims, for example. The Sri Lankan polity has no choice but to abide by scientific advice on this question. Since authorities of the standing of even the WHO have declared that the burial of the bodies of those dying of Covid could not prove to be injurious to the wider public, the Sri Lankan health authorities could go ahead and sanction the burying of the bodies concerned. What’s preventing the local authorities from taking this course since they claim to be on the side of science? Who or what are they fearing? This is the issue that’s crying out to be probed and answered.
Considering the need for absolute truthfulness and honesty on the part of all relevant persons and quarters in matters such as these, the latter have no choice but to resign from their positions if they are prevented from following the dictates of their consciences. If they are firmly convinced that burials could bring no harm, they are obliged to take up the position that burials should be allowed.
If any ‘higher authority’ is preventing them from allowing burials, our ministers and officials are conscience-bound to renounce their positions in protest, rather than behave compromisingly and engage in ‘double think’ and ‘double talk’. By adopting the latter course they are helping none but keeping the country in a state of chronic uncertainty, which is a handy recipe for social instabiliy and division.
In the Sri Lankan context, the failure on the part of the quarters that matter to follow scientific advice on the burials question could result in the aggravation of Islamophobia, or hatred of the practitioners of Islam, in the country. Sri Lanka could do without this latter phobia and hatred on account of its implications for national stability and development. The 30 year war against separatist forces was all about the prevention by military means of ‘nation-breaking’. The disastrous results for Sri Lanka from this war are continuing to weigh it down and are part of the international offensive against Sri Lanka in the UNHCR.
However, Islamophobia is an almost world wide phenomenon. It was greatly strengthened during Donald Trump’s presidential tenure in the US. While in office Trump resorted to the divisive ruling strategy of quite a few populist authoritarian rulers of the South. Essentially, the manoeuvre is to divide and rule by pandering to the racial prejudices of majority communities.
It has happened continually in Sri Lanka. In the initial post-independence years and for several decades after, it was a case of some populist politicians of the South whipping-up anti-Tamil sentiments. Some Tamil politicians did likewise in respect of the majority community. No doubt, both such quarters have done Sri Lanka immeasurable harm. By failing to follow scientific advice on the burial question and by not doing what is right, Sri Lanka’s current authorities are opening themselves to the charge that they are pandering to religious extremists among the majority community.
The murderous, destructive course of action adopted by some extremist sections among Muslim communities world wide, including of course Sri Lanka, has not earned the condemnation it deserves from moderate Muslims who make-up the preponderant majority in the Muslim community. It is up to moderate opinion in the latter collectivity to come out more strongly and persuasively against religious extremists in their midst. It will prove to have a cementing and unifying impact among communities.
It is not sufficiently appreciated by governments in the global South in particular that by voicing for religious and racial unity and by working consistently towards it, they would be strengthening democratic development, which is an essential condition for a country’s growth in all senses.
A ‘divided house’ is doomed to fall; this is the lesson of history. ‘National security’ cannot be had without human security and peaceful living among communities is central to the latter. There cannot be any ‘double talk’ or ‘politically correct’ opinions on this question. Truth and falsehood are the only valid categories of thought and speech.
Those in authority everywhere claiming to be democratic need to adopt a scientific outlook on this issue as well. Studies conducted on plural societies in South Asia, for example, reveal that the promotion of friendly, cordial ties among communities invariably brings about healing among estranged groups and produces social peace. This is the truth that is waiting to be acted upon.
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By Sanjeewa Jayaweera
It was on 3rd January 1972 that our family arrived in Karachi from Moscow. Our departure from Moscow had been delayed for a few weeks due to the military confrontation between Pakistan and India. It ended on 16th December 1971. After that, international flights were not permitted for some time.
The contrast between Moscow and Karachi was unbelievable. First and foremost, Moscow’s temperature was near minus 40 degrees centigrade, while in Karachi, it was sunny and a warm 28 degrees centigrade. However, what struck us most was the extreme warmth with which the airport authorities greeted our family. As my father was a diplomat, we were quickly ushered to the airport’s VIP Lounge. We were in transit on our way to Rawalpindi, the airport serving the capital of Islamabad.
We quickly realized that the word “we are from Sri Lanka” opened all doors just as saying “open sesame” gained entry to Aladdin’s cave! The broad smile, extreme courtesy, and genuine warmth we received from the Pakistani people were unbelievable.
This was all to do with Mrs Sirima Bandaranaike’s decision to allow Pakistani aircraft to land in Colombo to refuel on the way to Dhaka in East Pakistan during the military confrontation between Pakistan and India. It was a brave decision by Mrs Bandaranaike (Mrs B), and the successive governments and Sri Lanka people are still enjoying the fruits of it. Pakistan has been a steadfast and loyal supporter of our country. They have come to our assistance time and again in times of great need when many have turned their back on us. They have indeed been an “all-weather” friend of our country.
Getting back to 1972, I was an early beneficiary of Pakistani people’s love for Sri Lankans. I failed the entrance exam to gain entry to the only English medium school in Islamabad! However, when I met the Principal, along with my father, he said, “Sanjeewa, although you failed the entrance exam, I will this time make an exception as Sri Lankans are our dear friends.” After that, the joke around the family dinner table was that I owed my education in Pakistan to Mrs B!
At school, my brother and I were extended a warm welcome and always greeted “our good friends from Sri Lanka.” I felt when playing cricket for our college; our runs were cheered more loudly than of others.
One particular incident that I remember well was when the Embassy received a telex from the Foreign inistry. It requested that our High Commissioner seek an immediate meeting with the Prime Minister of Pakistan, Mr Zulifikar Ali Bhutto (ZB), and convey a message from Mrs B. The message requested that an urgent shipment of rice be dispatched to Sri Lanka as there would be an imminent rice shortage. As the Ambassador was not in the station, the responsibility devolved on my father.
It usually takes about a week or more to get an audience with the Prime Minister (PM) of a foreign country due to their busy schedule. However, given the urgency, my father spoke to the Foreign Ministry’s Permanent Sectary, who fortunately was our neighbour and sought an urgent appointment. My father received a call from the PM’s secretary around 10 P.M asking him to come over to the PM’s residence. My father met ZB around midnight. ZB was about to retire to bed and, as such, was in his pyjamas and gown enjoying a cigar! He had greeted my father and had asked, “Mr Jayaweera, what can we do for great friend Madam Bandaranaike?. My father conveyed the message from Colombo and quietly mentioned that there would be riots in the country if there is no rice!
ZB had immediately got the Food Commissioner of Pakistan on the line and said, “I want a shipload of rice to be in Colombo within the next 72 hours!” The Food Commissioner reverted within a few minutes, saying that nothing was available and the last export shipment had left the port only a few hours ago to another country. ZB had instructed to turn the ship around and send it to Colombo. This despite protests from the Food Commissioner about terms and conditions of the Letter of Credit prohibiting non-delivery. Sri Lanka got its delivery of rice!
The next was the visit of Mrs B to Pakistan. On arrival in Rawalpindi airport, she was given a hero’s welcome, which Pakistan had previously only offered to President Gaddafi of Libya, who financially backed Pakistan with his oil money. That day, I missed school and accompanied my parents to the airport. On our way, we witnessed thousands of people had gathered by the roadside to welcome Mrs B.
When we walked to the airport’s tarmac, thousands of people were standing in temporary stands waving Sri Lanka and Pakistan flags and chanting “Sri Lanka Pakistan Zindabad.” The noise emanating from the crowd was as loud and passionate as the cheering that the Pakistani cricket team received during a test match. It was electric!
I believe she was only the second head of state given the privilege of addressing both assemblies of Parliament. The other being Gaddafi. There was genuine affection from Mrs B amongst the people of Pakistan.
I always remember the indefatigable efforts of Mr Abdul Haffez Kardar, a cabinet minister and the President of the Pakistan Cricket Board. From around 1973 onwards, he passionately championed Sri Lanka’s cause to be admitted as a full member of the International Cricket Council (ICC) and granted test status. Every year, he would propose at the ICC’s annual meeting, but England and Australia’s veto kept us out until 1981.
I always felt that our Cricket Board made a mistake by not inviting Pakistan to play our inaugural test match. We should have appreciated Mr Kardar and Pakistan’s efforts. In 1974 the Pakistan board invited our team for a tour involving three test matches and a few first-class games. Most of those who played in our first test match was part of that tour, and no doubt gained significant exposure playing against a highly talented Pakistani team.
Several Pakistani greats were part of the Pakistan and India team that played a match soon after the Central Bank bomb in Colombo to prove that it was safe to play cricket in Colombo. It was a magnificent gesture by both Pakistan and India. Our greatest cricket triumph was in Pakistan when we won the World Cup in 1996. I am sure the players and those who watched the match on TV will remember the passionate support our team received that night from the Pakistani crowd. It was like playing at home!
I also recall reading about how the Pakistani government air freighted several Multi Barrell artillery guns and ammunition to Sri Lanka when the A rmy camp in Jaffna was under severe threat from the LTTE. This was even more important than the shipload of rice that ZB sent. This was crucial as most other countries refused to sell arms to our country during the war.
Time and again, Pakistan has steadfastly supported our country’s cause at the UNHCR. No doubt this year, too, their diplomats will work tirelessly to assist our country.
We extend a warm welcome to Mr Imran Khan, the Prime Minister of Pakistan. He is a truly inspirational individual who was undoubtedly an excellent cricketer. Since retirement from cricket, he has decided to get involved in politics, and after several years of patiently building up his support base, he won the last parliamentary elections. I hope that just as much as he galvanized Sri Lankan cricketers, his political journey would act as a catalyst for people like Kumar Sangakkara and Mahela Jayawardene to get involved in politics. Cricket has been called a “gentleman’s game.” Whilst politics is far from it!.
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Believe me, seeing certain videos, on social media, depicting action, on the dance floor, at some of these entertainment venues, got me wondering whether this Coronavirus pandemic is REAL!
To those having a good time, at these particular venues, and, I guess, the management, as well, what the world is experiencing now doesn’t seem to be their concerned.
Obviously, such irresponsible behaviour could create more problems for those who are battling to halt the spread of Covid-19, and the new viriant of Covid, in our part of the world.
The videos, on display, on social media, show certain venues, packed to capacity – with hardly anyone wearing a mask, and social distancing…only a dream..
How can one think of social distancing while gyrating, on a dance floor, that is over crowded!
If this trend continues, it wouldn’t be a surprise if Coronavirus makes its presence felt…at such venues.
And, then, what happens to the entertainment scene, and those involved in this field, especially the musicians? No work, whatsoever!
Lots of countries have closed nightclubs, and venues, where people gather, in order to curtail the spread of this deadly virus that has already claimed the lives of thousands.
Thailand did it and the country is still having lots of restrictions, where entertainment is concerned, and that is probably the reason why Thailand has been able to control the spread of the Coronavirus.
With a population of over 69 million, they have had (so far), a little over 25,000 cases, and 83 deaths, while we, with a population of around 21 million, have over 80,000 cases, and more than 450 deaths.
I’m not saying we should do away with entertainment – totally – but we need to follow a format, connected with the ‘new normal,’ where masks and social distancing are mandatory requirements at these venues. And, dancing, I believe, should be banned, at least temporarily, as one can’t maintain the required social distance, while on the dance floor, especially after drinks.
Police spokesman DIG Ajith Rohana keeps emphasising, on TV, radio, and in the newspapers, the need to adhere to the health regulations, now in force, and that those who fail to do so would be penalised.
He has also stated that plainclothes officers would move around to apprehend such offenders.
Perhaps, he should instruct his officers to pay surprise visits to some of these entertainment venues.
He would certainly have more than a bus load of offenders to be whisked off for PCR/Rapid Antigen tests!
I need to quote what Dr. H.T. Wickremasinghe said in his article, published in The Island of Tuesday, February 16th, 2021:
“…let me conclude, while emphasising the need to continue our general public health measures, such as wearing masks, social distancing, and avoiding crowded gatherings, to reduce the risk of contact with an infected person.
“There is no science to beat common sense.”
But…do some of our folks have this thing called COMMON SENSE!
