Col R Hariharan | 30-09-2017
War crimes allegations continue
to haunt army
Sri Lanka has once again been
embarrassed when a human rights group - the International Truth and Justice
Project – filed lawsuits against Sri Lankan ambassador to Brazil (concurrently
accredited to Colombia, Peru, Chile, Argentina and Suriname) General Jagath Jayasuriya,
former chief of defence staff and army
commander, for his alleged complicity and role in torture of prisoners,
artillery strikes on hospitals and civilian targets and enforced disappearances
in the last stages of Eelam War IV.
Though the ambassador enjoyed diplomatic
immunity and the law suit was filed at the end of the ambassador’s tenure, it
has once again brought international focus on Sri Lanka army’s allegations of war
crimes. They are said to have been committed in the final lap of the war from January to May 2009, when the
Liberation Tigers of Tamil Eelam (LTTE) was eliminated. This was not the first
time senior army officers, who served in the battle field, have faced
threats of international legal action on war crimes charges. It is not going to
stop unless Sri Lanka takes credible action to bring the culprits to book.
The war crimes allegations
gathered international momentum, after Channel 4 TV screened the
video “Sri Lanka’s Killing Fields” in May 2011. However, President Mahinda
Rajapaksa who reaped maximum political mileage out of the military victory,
denied war crimes allegations saying the government pursued “a humanitarian
rescue operation” with a policy of “zero civilian casualties.”
A panel of
experts of the UN Secretary General in its report submitted in July 2011
found the allegations credible. It said, if proven they would indicate serious
violations amounting war crimes and crimes against humanity committed by both Sri Lanka government and the LTTE. President Rajapaksa called the report an international conspiracy to tarnish Sri Lanka’s image and whipped up nationalist sentiments.
The UN Human Rights Council (UNHRC) session
in March 2013 passed a US sponsored resolution seeking Sri Lanka’s accountability in observing
international human rights laws. It called for a “credible and impartial
investigation” into such violations.
President Rajapaksa governments dithered in
conducting such an investigation into the allegations. His half-way measures to buy
time further eroded Sri Lanka’s international credibility resulting in increased
international political and economic pressure.
Though the Sirisena government accepted and
co-sponsored a UNHRC resolution that required carrying out an international
investigation into war crimes and human rights violations, it has found it
difficult to execute. The issue of foreign judges in the investigation has
become a politically explosive issue. As the issue hangs fire, senior
army officers have been facing the threat of international legal action from
time to time.
On the sidelines of the issue of
international law suit, there was an ugly spat between General Jayasuriya and
his army chief during the war Field Marshal Sarath Fonseka regarding the
responsibility for war crimes. On his return home, General Jayasuriya in a
media interview denied the charges of war crimes; he was also reported to have
said that the then Army Commander General Sarath Fonseka was in charge of
military operations at the point of time.
Commenting
on Jayasuriya’s statement, Field Marshal Sarath Fonseka, now the minister for
regional development, in an interview claimed he had information on the crimes
committed by Jagath Jayasuriya, the then Vanni commander. The Field Marshal
said he was ready to give evidence if proper legal action was instituted
against General Jayasuriya.
He further added “I was aware that he committed
crimes and I tried to initiate an investigation. As the initial step, I
arrested Mr Jayasuriya’s Aide-de-camp.” Obviously, he could not proceed with
the investigation as he was removed from the post of the army commander.
President Maithripala Sirisena
came out in strong defence of Jayasuriya. He said, “I state very clearly that I
will not allow anyone in the world to touch Jagath Jayasuriya or any other
military chief or any war hero in this country.” However, the stark truth is the
issue of war crimes and crimes against humanity during the Eelam War cannot be
wished away by statements.
As a signatory to UN conventions
on human rights and humanitarian laws, Sri Lanka government has very limited
option in carrying out an impartial and credible inquiry into allegations of
war crimes and crimes against humanity.
Though politically it might be tricky, the Sirisena government, which
claims good governance (Yahapalana) as its credo, is accountable to thousands of
families of victims of such crimes.
There is an urgent need for an impartial investigation
into the allegations to bring to book the guilty, not only within the army, but
also among the former militant Tamil militants. It will also remove the blot on
Sri Lanka army’s sacrifices made to bring an end to decades of insurgency and
terrorism.
Constitution-making
process
The painful process of
drafting a new constitution took yet another step forward when the Steering
Committee responsible for drafting the proposed constitution
presented its interim report to the parliament on September 21, 2017.
Overall
the report has tried to strike a consensus by providing options on wording
controversial issues. In the important articles 1 and 2, the Interim Report has
avoided the terms "unitary" and "federal"state by suggesting
Sri Lanaka as “a free, sovereign and independent Republic consisting of the
institutions of the Centre and of the Provinces, which shall exercise power as
laid down in the Constitution”. Explaining the concept, it said the state as
undivided and indivisible, in which the parliament and the people shall have
the power to amend, repeal and replace the Constitution.
Other
salient features of the report include:
Article 5
barring declaration of any part of Sri Lankan territory as a separate state or
advocate secession or take any steps towards such session.
Article 7
incorporating the Sinhala and Tamil versions of the national anthem as suggested
in the respective language versions of the constitution.
Article 9
on the status of Buddhism shows the report treading carefully by offering two
alternate versions. Both versions give Buddhism “the foremost place and
accordingly it shall be the duty of the State to protect and foster the
Buddhist Sasana.” But, on other religions, while one version assures
all the rights as per constitution, while the other specifies while treating all
religions and beliefs with honour and dignity, and without discrimination, and
guaranteeing to all persons the fundamental rights guaranteed by the
Constitution.
Part II of the report “Principles of devolution”
the principles of subsidiarity has been applied to suggest a three tier system
of government. The Provincial Council shall be the primary unit of devolution.
At the lowest tier the local bodies shall have the power to govern themselves
and conduct their duties at their own pace and discretion. The State and
provincial councils shall have the powers to delegate powers to the local
bodies. It has also recommended establishment of community councils to ensure
minority rights are protected at various levels of government.
Part II of the report “Principles of devolution”
the principles of subsidiarity has been applied to suggest a three tier system
of government. The Provincial Council shall be the primary unit of devolution.
At the lowest tier the local bodies shall have the power to govern themselves
and conduct their duties at their own pace and discretion. The State and
provincial councils shall have the powers to delegate powers to the local
bodies. It has also recommended establishment of community councils to ensure
minority rights are protected at various levels of government.
The reaction to the interim
report was divided on expected lines: political parties that represent the
minority and majority. The SLFP, the rightist Jathika Hela Urumaya (JHU) and
the Joint Opposition view the devolution of power, amendments pertaining to
national anthem and status of Buddhism with skepticism.
On the other hand,
Tamil and Muslim minority parties like the Tamil National Alliance (TNA), All
Ceylon Makkal Congress (ACMC), Sri Lanka Muslim Congress (SLMC) want adequate
representation for minorities. It was
interesting to note the leader of the opposition R Sampanthan asking Tamils to
drop their obsession with federalism. He said that while the new constitution
might not provide hundred percent satisfaction, it would still be an
improvement.
Fallout of
Rohingya refugee crisis
Rohingya Muslims
have been the target of decades of state-backed persecution and discrimination
in Myanmar, where the state and people view them as illegal immigrants. Buddhist
fringe elements led by monks like Wiratu have been spearheading the hate
campaign against Rohingyas in Myanmar. Since January 2017, the violence against
them has been stepped up after Islamist terrorists among them started attacking
Myanmar army posts. Myanmar army in its retaliatory attacks had destroyed many
of the Rohingya inhabitations; this had triggered a deluge of Rohingyas fleeing
the country to seek refuge elsewhere. As of now, over half a million of them
seeking safety have fled to Bangladesh.
Buddhist
fringe elements led by monks in Sri Lanka like Sinhala Ravayya and Bodhu Bala
Sena, which had gained notoriety by attacking Muslim businesses, madrasas and
houses have always shown their solidarity with Wiratu and Myanmar Buddhist
fringe elements. This came to the fore once again when a Buddhist mob led by
monks, said to belong to Sinhala Ravayya, attacked a small group of 31
Rohingyas who were rescued by Sri Lanka navy in April 2011 and was being looked after by
the UN High Commission for Refugees (UNHCR) in Colombo.
Though the
government spokesman condemned the incident and called the attackers of
innocent persons “animals” follow up action by police had been tardy, as in the
past. Though the attackers had uploaded
their action in the Face Book, police
have arrested only one person in connection with the incident. While Sri Lanka
civil society and the JVP have condemned the attack, Buddhist clergy,
particularly the Mahanayakas (prelates) had been silent.
The incident has unnerved Muslim minority who
had faced attacks by Buddhist fringe elements in the past, the last one being
in May 2017 when a mob of BBS followers
incited by Gnanasara Thera attacked Muslim business and torched a shop in
Panadura.
Col R Hariharan, a retired MI
officer, served as the head of Intelligence of the Indian Peace Keeping Force
in Sri Lanka from 1987 to 90. He is associated with the Chennai Centre for
China Studies and the International Law and Strategic Analysis Institute,
Chennai. E-mail: haridirect@gmail.com Blog: http://col.hariharan.info
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