Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Tuesday, March 26, 2013


Video: Indian Students Supporting TN Students Protest On Sri Lankan Tamil Issue


By Colombo Telegraph -March 26, 2013 
Colombo TelegraphIndian student protesters are asking for is justice to their Tamil brethren in Sri Lanka. According to Deccan Herald, the agitating students, including from established institutions like Pachaiyappas’ College, Law College and others affiliated to the Left-wing students organisations like Students Federation of India (SFI) and All India Students Federation (AISF), demanded, among other things, an ‘economic embargo’ against Sri Lanka for its ‘genocide’ in the last days of ‘Eelam War-1V’ in 2009.
 


India TodayDMK MPs hold a protest meeting at Parliament.
 March 26, 2013


Our conduct at the United Nations Human Rights Council (UNHRC) at Geneva on the US sponsored resolution against Sri Lanka on human rights violations of the Tamilian population has raised questions about the coherence, maturity and objectivity of our policy towards our neighbour. Our Sri Lanka policy has to be based on wider considerations than politicking within the UPA government and exaggerated posturing for electoral reasons by the DMK on the ethnic issue.

The anguish in Tamil Nadu about the Rajapakse government's failure to make tangible political progress on the ethnic issue should be recognised. The Sri Lankan government has not been able to shed the mood of triumphalism after the decisive military victory over the LTTE; it has gone back on its promises on devolution; an honest probe into alleged large scale human rights violations during the last days of military operations remains pending; the recommendations of the Lessons Learnt and Reconciliation Commission have not been implemented.

However, to allow this anguish to govern our policy towards Sri Lanka, to the exclusion of other factors, would be a serious mistake, especially when demagoguery is resorted to by sections of political opinion in Tamil Nadu and the Tamilian diaspora abroad. There is loose talk of genocide despite the cessation of military operations four years ago. Why is that between 2009 and now this genocide of Tamilians was not discovered? Why castigate the deplorable political failure of the Rajapakse government as genocide?

Foreign policy

No doubt foreign policy cannot be altogether divorced from domestic opinion and regional sentiments therefore cannot be ignored in foreign policy making. Foreign policy, however, operates in a context quite different from domestic politics, the stakes are different, the involvement and interests of third parties is a complicating factor, and national security and geo-political factors come into play. Besides, the weightage to give to regional sentiments as distinguished from national sentiment has salience in decision-making.

If our foreign policy towards Sri Lanka should be based on the sentiments of the people of Tamil Nadu today, then sentiments in West Bengal should dictate our foreign policy towards Bangladesh tomorrow, and those in UP and Bihar should determine what we do with Nepal day after. It would be a mistake to begin treating our relations with our neighbours as extensions of the pulls and pressures of our domestic politics. Our neighbours are independent, sovereign countries, which requires that we control our domestic lobbies and prevent them from distorting our policies in our periphery. Moreover, when the states are today resisting strongly encroachment on their powers in a federal system, they should also respect the prerogative of the Centre to make foreign policy.

Unlike ours, US stakes in Sri Lanka are limited. They do not need to calculate the consequences of the initiative they take to censure Sri Lanka at the UNHRC with as much care as we have to. They promote the human rights dimension of their foreign policy as part of the larger objective to universalise their values, to retain the high moral ground in international affairs and avert attention from the human costs of their military operations abroad. They do not take into account the stress they put on our policy towards Sri Lanka by moving resolutions in the UNHRC against it, forcing us to adopt a position that we would like to leave undefined so as to retain sufficient space to deal with the complex situation there.

Apart from this gap in managing our strategic relationship with the US in our neighbourhood, it is galling that we have to support the targeting of Sri Lanka by bodies like Human Rights Watch and Amnesty International which gave us a miserable time in the 1990's over allegations of human rights violations by our forces in J&K, boosting the Pakistani campaign against us on this issue.

Past
Even the US State Department was complicit in this. We opposed the objectivity and credibility of these human rights organisations when we were targeted; now we endorse their findings to put Sri Lanka on the mat.

Our policy of not supporting country specific human rights resolutions at Geneva was sound, as these resolutions are used by the West to erode the international legitimacy of regimes considered adversarial. We have been criticised for not taking a clear cut position on human rights issues as behoves a democracy and a rising power called upon to assume greater responsibility for upholding the international order. Apart from a disinclination to play by double standards, we have favoured dialogue over denunciation in dealing with human rights abuses in countries. We abandoned this policy last year in voting against Sri Lanka and did so again this year.

Resolution
This time too we began by softening the US resolution where it was too intrusive and undercut Sri Lankan sovereignty too blatantly. However, because of extreme DMK pressure on the government our diplomatic strategy fell into an embarrassing disarray. In a last ditch effort to placate the DMK we sought a toughening of the US resolution after our previous efforts to soften it. Worse, the US rebuffed India because it did not want the balance of the resolution disturbed for fear of losing numbers in support. We put ourselves in a situation where the US appeared moderate and we unprincipled and opportunistic.

We do not have to condone Sri Lanka's failure on reconciliation and accountability issues. But we should deal bilaterally with Sri Lanka, and forcefully at that to contain the mounting backlash in Tamil Nadu. As a regional power we should not outsource such responsibility to others, as this erodes our position and exposes our irresolution, adding to our neighbourly woes. If we don't use our power we will be seen as powerless.

- The writer is a former Foreign Secretary.

Probe on journo who covered the war


March 24, 2013
Mahinda-Rajapaksa3
An investigation is underway into a journalist from a television channel who had covered the final stages of the war in 2009 and has later supplied the video material to groups overseas carrying out a campaign against the government.
The army media unit quoted President Mahinda Rajapaksa as saying that the media had unrestricted access to cover the military operations in the north.
“ One such media man has now been bought for dollars by vested interests and we know what he has been doing overseas. We knew in advance such atrocities by Diaspora and anti-Sri Lanka elements would be a reality some day. This attack would not surprise us at all. These attacks would not subdue us, either, nor would they defeat or intimidate us in any way,” the President said.
He said that those who opposed the war and tried to stall its onward march allege that the government’s improper management of foreign relations brought about the current developments in Geneva.
“I must specify that when humanitarian operations were on, we had to put up with more worse foreign influences. These foreign influences are happening not due to lack of management, but these are the dire needs of several imperialist countries and the Diaspora. As the Vijayabahu Infantry Regiment’s motto says any weight is bearable to one who is skilled in vocation and has professional knack. Therefore, this motto is more important to overcome today’s challenges. Our tri-service War Heroes with their humane qualities are a blessing to the country. Your humanity, discipline and patience, is well used for the benefit of people with multi-ethnic backgrounds in redeveloping the country. We have been able to rehabilitate tens of thousands of former LTTE combatants. Those entering north and east will witness two wonders; rescue of north and east from terrorism and the difference the troops have made through post-conflict development roles,” President Rajapaksa said.

Mangala Was Certainly Better Than GL Pieris


By Rajiva Wijesinha -March 26, 2013 
Prof Rajiva Wijesinha
Colombo TelegraphIn Parliament yesterday I told Dr Jayalath Jayawardena, who is a master manipulator, that instead of making insidious use of the government’s misfortunes, he should be constructive, and move a motion to suggest thatProf Pieris be replaced as Foreign Minister by Dr Dayan Jayatilleka. He told me, characteristically, that he would be happy to suggest me instead, but I assured him that I knew my limitations. I had no doubt that I would do a better job than Prof Pieris, but so would almost anyone in this room – but there was no need to think of simply improving on what we have, when there is available a man who understands international relations thoroughly, and whose track record is one of great success.
I was reminded then of what Mangala Samaraweera – yet another Foreign Minister who was certainly better than the incumbent – had said a couple of years back, when he accused me of being responsible for all the ills from which he thought the country was suffering. When I asked for an explanation he expanded this to include Dayan as well, claiming that it was because of the victory in Geneva in 2009 that the government thought it had leeway to do whatever it liked.
Though I was involved at the time with Dayan, I cannot take credit for the triumph he architected. Although the size of the victory led idiots in Colombo to assume that any idiot could achieve such a victory – which perhaps explains the failure to register the intellectual weaknesses of his immediate successor – in fact what he achieved was carefully crafted, in terms of the principles that he and Tamara Kunanayakam expressed so eloquently at the discussion on Foreign Policy that the Liberal Party organized earlier this week.
Dayan pointed out that the thin, i.e. bare bones, notion of sovereignty we assert needs to be thickened through a sincere commitment to pluralism that encompasses all within the bounds of that sovereignty. Tamara noted the importance of strengthening our bargaining power through alliance building and genuine cooperation, not just asking for votes at a time of crisis. Our failure to work on these lines was apparent in perhaps the most worrying element of the vote on Thursday, which was Brazil voting against us.
Instead of getting upset with Brazil about this, we should try to understand why a country that voted with us in 2009 now votes against. Does it have something to do with our failure to engage with them, as exemplified by the manner in which the Ministry of External Affairs sabotaged the decision of the President to send Tamara as a sort of roving ambassador to South America? Does it have something to do with the fact that, when she had begun the process of winning back the support in Geneva that her predecessor had squandered (as was exemplified by the manner in which, in September 2011, she ensured that the effort of the Canadians to put us on the agenda was resisted), she too was dismissed.
But there will be no sensible analysis of this result, just as last year there were only clarion calls to follow the West blindly, while simultaneously claiming that we had gained a great victory since the total of those who voted against the resolution and those who abstained was almost equal to those who voted for. This year even that cold comfort is not available, but the pronouncements we read suggest that we can be satisfied since, if we doubled the number of those who voted against the resolution, we would have more votes than those in favour.
Very simply, there is no capacity any more amongst decision makers in the Foreign Ministry to either think or analyse, and the bright youngsters who could do better are crushed, transferred whenever they do something sensible – as happened not only to Dayan and Tamara but also to Tamil officers in London and Chennai, and to the intelligent Deputy High Commissioner who tried to prevent the fiasco of the President’s visit to Oxford in 2010 (which started the slippery slide downward), to name just a few.
I do not propose to consider who is responsible for this self-destructive behaviour, since it should be obvious. Rather we should think about who benefits from this. And in this regard, while we read in the pontifications of our more destructive patriots attacks on countries that supported the resolution, we see little consideration of the points Dayan made, relating to the efforts of the United States in the last few years to undermine us. The passage he quoted from Wikileaks makes it clear, contrary to what I believed at the time, that the United States was solidly behind the 2009 resolution too, and the very positive behaviour of some of its diplomats here was combined with ruthless Realpolitik on the part of Hillary Clinton.
But going beyond the change of heart of the American administration in 2009, we can see also what I might term fundamental prejudice in the description by Robert Blake in 2007 of Dayan as a ‘Sinhala hardliner’. Given the continuing attacks on him by those who think of Sri Lanka as belonging to Sinhalese alone, this is bizarre. I would like to think it was simply ignorance on the part of Robert Blake, who was comparatively a decent man.
But it is also related to the relentless ‘othering’ the West engages in – as explained so eloquently by the great Indian thinker Nirmal Verma – so that anyone who was in favour of the destruction of Tiger terrorism had to be a hardliner. And perhaps it is naïve to think of such ‘othering’ as springing only from ignorance, because it can also precipitate the polarizing it affects to deplore.
This became clear in the manner in which Blake explained to an Indian friend the American support for Sarath Fonseka. I cannot vouch for the truth of this story, but it certainly fits the evidence. What he was said to have declared was that the Americans had found the perfect weapon to pressurize Mahinda Rajapaksa into political reform.
Obviously the Americans would have thought this would please India, though thankfully India was too sensible to subscribe to such strategies. But what happened in fact was that, while the support engendered for Sarath Fonseka certainly put the President on the defensive, it led to him relying more on the hardliners who appealed to the same sort of sentiment as Fonseka would have done. I would like to think the Americans did not anticipate this, but in the strange world of polarization in which they live, one can never be sure.
The bottom line is that they, like our hardliners here, simply do not understand synthesis, the moral need to see what we have in common, and work towards mutual understanding and respect, rather than use pressures that can destroy trust and hence cause excessive reactions.
It is with an example of such coming together that I will conclude, in trying to explain how perhaps the most successful defenders of the Sri Lankan strategy back in 2009 were a former Stalinist and a Liberal. I don’t think there will be any challenge to the claim that Dayan and I, though he of course was the senior partner and the strategist, worked together effectively. This was based on two things. First, we had no doubt whatsoever that Sri Lanka was finding a just war and fighting it justly, a position I still stand by, and which I believe I have argued for more thoroughly than anyone else, not least because I granted from the start – and was scolded for my pains by the dogmatic cheerleaders Dayan described earlier – that there had been aberrations that should be investigated.
Second, we also believed passionately that the destruction of terrorism was vital for the emergence of a pluralistic society with equal rights for all its citizens. And I think we were right, in believing that was government policy, as was exemplified by the manner in which we resettled the displaced quicker than in other such theatres of war, and swiftly rehabilitated and sent back to their homes almost all former combatants. We could certainly have done more, in terms of training and reintegration assistance and so on, but by and large we can be proud of that achievement.
And we should note that there are reasons why we have not moved swiftly in all respects. This has to do with the suspicions engendered by ruthlessly opportunistic behaviour on the part of those who resented our triumph over terrorism. They ignored the opposition of the President to efforts to impose an Israel type solution, by increasing the size of the army and engaging in settlements while holding back the displaced. Instead they supported against the President the chief proponent of that strategy, while claiming that they were critical of the government for the sake of the Tamils who had suffered. That obviously made government dubious about their motives, and increased the influence of the hardliners who remained loyal to the government.
I will conclude though with an evocation of political theory, to explain how Dayan and I found ourselves on the same side, even though our political philosophies might have seemed inextricably opposed. I am not as knowledgeable about political theory as Dayan is, but introducing something of the sort seems fitting, in speaking at the launch of a book that contains sharp historical analysis and compelling anecdotes, but fits them within an erudite framework of political theory.
I will rely however not on the many distinguished academic theoreticians Dayan refers to, but rather to the founder of the Liberal Party, Chanaka Amaratunga, who wrote an essay on ‘The Fundamentals of Liberalism’ for a volume entitled Liberal Values for South Asia which we brought out in 1997, shortly after his untimely death (an updated version called Liberal Perspectives for South Asia was published a decade later by Cambridge University Press in Delhi).
Chanaka wrote there, and this is particularly important in a context of increasing extremism which both Dayan and I deplore, that the hallmark of Liberalism is that it is individualist, egalitarian, universalist and meliorist.
He cited the modern Liberal thinker John Gray who wrote that Liberalism is ‘individualist, in that it asserts the moral primacy of the person against the claims of any social collectivity’. That incidentally is the element as to which Dayan and I probably differed most in the past, and I believe he has now moved closer to my Liberal perspective, and understands the value of individualism, as opposed to the Marxist collectivism he celebrated earlier.
Gray went on to say that Liberalism is ‘egalitarian, inasmuch as it confers on all men the same moral status and denies the relevance to legal and political order of differences in moral worth among human beings; universalist, affirming the moral unity of the human species and according a secondary importance to specific historic associations and cultural forms’. These elements need to be considered carefully, in a context in which there are efforts to hijack the Sri Lankan state on behalf of particular interest groups.
Chanaka pointed out that, paradoxically perhaps, Marxism cannot claim to be egalitarian, or indeed universal, since it sets up ‘a structure which does not recognize the real possibility of rival conceptions of the good. They believe that a particular group, be it the working class, a specific racial group… have a special status that confers moral excellence and is worth protection’. Now it would seem that the privileging of the working class to the exclusion of others is no longer a danger (and perhaps the opposite perspective, that sees no reason to ensure a level playing field through increasing opportunities for the disadvantaged, is now again the greater social threat). But the privileging of particular groups continues apace, and it is no coincidence that Dayan and I feel the same about the need to resist this in favour of a pluralist outlook, because not to do so would nullify the moral impact of the triumph over terrorism in 2009.
Finally Gray noted that Liberalism is ‘meliorist in its affirmation of the corrigibility and improvability of all social institutions and political arrangements’. This element, which used to strike me as less important than the others, is perhaps of particular significance now as we pursue, to quote Lord Macaulay, ‘reform, more reform, constant reform’.
Macaulay went on to say that ‘we desire more reform in order to preserve not to destroy’. That needs to be our watchword as we try to build on the victory of 2009. The manner in which, ignoring the principles enunciated by Dayan and Tamara, the Ministry of External Affairs conducts itself reminds me rather of what Lenin said: We shall destroy everything and on the ruins we shall build our temple’. But, unlike Lenin, the decision makers seem to be concerned only with a temple to themselves, with no understanding of the issues at stake.
Dayan shows graphically, as Tamara argued forcefully earlier this week, that the Resolution in Geneva sprang not from concern for human rights but from a political agenda, that saw Sri Lanka simply as a means to domination, for strategic reasons as also for ideological reasons. But they also pointed out that such an agenda needs allies to succeed, and those allies are often idealistic. Countries like India and Brazil and Japan and South Korea, as well as those who voted for us, dislike the replacement of a multilateral United Nations by instruments beholden to just one perspective. But they are also concerned with Human Rights and equity, and we need to work on ensuring these for all our citizens. If we do not do so actively and convincingly, those countries may well decide that the possible threat of Western domination is a small price to pay, especially because they would see themselves as never offering pretexts of the sort we seem to be doing.
I do not think they will be safe since, once some countries are brought under supervision, it is easier to do the same with others. But we need to help others to help us, and our failure to do this, to study and understand and put in practice the principles this book lays down, will surely cost us even dearer in the future.
*Remarks by Prof Rajiva Wijesinha at the launch on Saturday March 23, at COLOMBOSCOPE, of Dayan Jayatilleka’s ‘Long War, Cold Peace’ (Vijitha Yapa Publishers, 2013)

Read Jayalalithaa's letter to PM protesting Commonwealth meet in Colombo

Latest News March 25, 2013 
ChennaiThe DMK has urged the Centre to ensure the cancellation of a meeting of Commonwealth country leaders in Sri Lanka. Tamil Nadu Chief Minister and DMK chief J Jayalithaa wrote to Prime Minister Manmohan Singh, protesting the meet scheduled in Colombo.

Here is the full text of the letter:

"You would recall that I had written to you on 18th March, 2013, conveying the deep sense of outrage amongst Tamils all over the world and particularly, in Tamil Nadu, over the issue of war crimes and genocide perpetrated against Sri Lankan Tamils by the Sri Lankan army in the closing stages of the civil war. There are also continuing instances of human rights abuses against the Tamils in Sri Lanka, who continue to be ostracized as second class citizens in their own land.

There was considerable and broad based support for a strong resolution condemning Sri Lanka for the genocide and asking for an independent, international mechanism to investigate those accused of war crimes and genocide and to bring them to book.  I had suggested that India should not only support the US moved resolution but should also move amendments to further strengthen the resolution.  As it transpired, India voted in favour of a diluted and weak resolution moved by the US and did not move any amendments to condemn the genocide or to urge the establishment of an independent, international inquiry into the war crimes.  There was widespread disappointment at this stand of the Government of India and a continuing sense of injustice in Tamil Nadu on this issue.

In the meanwhile, it is reported that the biennial Commonwealth Heads of Government Meeting (CHOGM) and the Leaders' Retreat is proposed to be held in Colombo from  15th to 17th November, 2013.  

In the present context, holding such a high profile international event, which will be attended by heads of government from across the world would amount to endorsing the present regime in Sri Lanka, which stands accused of committing genocide, war crimes and ongoing human rights abuses against Sri Lankan Tamils.  This regime, which continues to deny Tamils their legitimate human rights, equality and democratic freedom, far from upholding Commonwealth values, has clearly violated the central credo of the Commonwealth, which is democracy and human rights.  Nations have been suspended from the Commonwealth for far less.
 
Mr. Prime Minister, the proposed CHOGM in Colombo is another opportune occasion for India to mount further pressure on Sri Lanka to ensure that accountability is established under an international framework for the war crimes and genocide committed in the closing stages of the civil war and the ongoing gross human rights abuses.  In the light of the fresh, mounting evidence of atrocities committed by the Sri Lankan military the Conference presents another oppurtunity to secure for   Sri Lankan Tamils equal constitutional rights and a life of dignity.  India must play a crucial role in this regard, given not only the deep and widespread sentiment prevailing amongst all sections of society and shades of political opinion in Tamil Nadu, as well as at the national level by many Opposition parties, but also the need to establish India as a global leader standing up for democracy and human rights.

It has also been widely reported that Canada has already indicated that it is likely to boycott the CHOGM in Colombo over the issue of gross human rights violations of the Sri Lankan Government.  The House of Commons Committee on Foreign Affairs in the United Kingdom has also urged the British Prime Minister not to attend the CHOGM in Colombo.  Clearly, many important countries across the world, including two G-8 countries, propose to leverage the proposed CHOGM in Sri Lanka and make substantial progress in human rights issues in Sri Lanka. 

As an emerging great power and an aspirant for a permanent seat in the United Nations Security Council, India has a duty to ensure that the values of democracy and respect for human rights are upheld anywhere in the world and in particular in its neighbourhood.  As a leader in South Asia, India is uniquely positioned to exert the maximum influence on the Sri Lankans to accept an independent international mechanism to hold those who committed genocide and war crimes to account.  

Mr. Prime Minister, there is still time to consider even an alternative venue to hold the event. India should use this opportunity to ask that the venue for the CHOGM be shifted to another country. If India takes this diplomatic initiative there is likely to be broad based support amongst member countries of the Commonwealth.
 
In any event, any high level participation or engagement from the Indian side in the CHOGM will not only embolden the Sri Lankan regime but also incense public opinion and sentiment in Tamil Nadu on this very sensitive issue even further. I would, therefore, strongly urge you not to attend the CHOGM and the Leaders' Retreat proposed to be held in Colombo on November 15 to 17, 2013.

Mr. Prime Minister, I write to you in the hope and expectation that the Government of India will decisively step forward as a true champion of human rights and democracy and will launch a strong diplomatic initiative in support of the much discriminated against and long suffering Tamil minority in Sri Lanka. At the very least, India must stay away from the CHOGM to be held in Colombo and, thereby, exert pressure on Sri Lanka to do justice by its hapless, much exploited Tamil Minorities. By doing so, India would also demonstrate its empathy and solidarity with the millions of Tamils both in Tamil Nadu and elsewhere and assuage the legitimate sense of outrage amongst them against Sinhala excesses against Sri Lankan Tamils."

 

by Neville Ladduwahetty

The latest Resolution on Sri Lanka at the UNHRC sessions in Geneva brings into focus 2 issues:

1. The lack of clarity as to what specific recommendations are expected to be implemented by the Government of Sri Lanka;

2. The call for an independent and credible investigation into violations.

ISSUE # 1: What specific recommendations are to be implemented?

The Preamble to the resolution refers to the National Plan of Action while the text of the resolution calls upon the Government of Sri Lanka "to implement effectively the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission…". The Text of the resolution also "Encourages the Government of Sri Lanka to implement the recommendations made in the report of the Office of the High Commissioner…".

In the background of 3 separate sets of Recommendations, what is the Government expected to implement? Is the Government to implement unidentified "constructive recommendations" of the Lessons Learnt and Reconciliation Commission (LLRC), the recommendations in the UN High Commissioner’s report, or the Government’s own National Plan of Action - since reference to all 3 are in the Resolution?

It is evident from the foregoing that the UNHRC is confused. The Government too has not been emphatic enough to state in clear and precise terms that its commitment is ONLY to implement the National Plan of Action. References to any other recommendations such as those in the LLRC report should therefore be deleted from statements in resolutions and other documents since they have lost relevance. The right to determine what recommendations to implement is the right of any sovereign State. The fact that Sri Lanka failed to emphasize and articulate its sovereign rights in Geneva is perhaps the reason for resolutions to embody statements with references to multiple recommendations. If this situation is not addressed by the Government without further delay, Sri Lanka’s performance in respect of implementation would be judged by multiple standards. The need to avoid such a situation is urgent.

The obligation of the Government is to implement the recommendations of the National Plan of Action since it is the ONLY document that has the endorsement of the Government. Recommendations of the LLRC or that of the High Commissioner for Human Rights does not meet the same threshold of legitimacy. This Plan contains 83 (Friday Forum identified 85) of the 285 "Observations and Recommendations" in Chapter 9 of the LLRC report. The number of 80+ in the National Action Plan may appear low. However, what needs to be appreciated is that all 285 are not recommendations. Most of paragraphs are devoted to "Observations". Therefore, the "observations" need to be weeded out from the so called 285 "recommendations".

The justification for such an approach is because no Government that is accountable to its People is expected to incorporate ALL the recommendations of a Commission that is not accountable to the People. Its obligation is to exercise its discretion and identify in this case, those recommendations in the LLRC report and any others it considers "constructive" and develop a National Plan of Action. This, the Government has done and has committed to implement. The performance of the government has to be judged against this Plan, and not any other.

For instance, a total of 9 paragraphs, from 9.229 to 9.237, in the LLRC report deal with "The Need for Devolution". However, the ONLY serious recommendation is in paragraph 9.236 i.e. one out of nine. Under the circumstances it is understandable that what the Government intends to implement as "constructive recommendations" are those that are embodied in the National Plan of Action and not what is stated in the LLRC report. Although paragraph 9.232 "considers the possibility of establishing a second chamber comprising representatives from the provinces" it is ONLY paragraph 9.236 that gives the contours of a serious proposal. This paragraph states: "The Commission therefore recommends that the present opportunity be utilized to launch a good faith effort to develop a consensus on devolution, building on what exists – both for maximum possible devolution to the periphery especially at the grass roots level, as well as power sharing at the centre".

Had the Government brought such issues to the attention of the UNHRC at the time the Draft Resolution was circulated, the statement in the Preamble that states: "Noting that the national plan of action does not adequately address all the findings and constructive recommendations of the Commission" could have been challenged. What is most intriguing is that despite the fact the LLRC makes no reference to the unit of devolution, the Preamble of 2012 UNHRC resolution states: "reach a political settlement on the devolution of power to the provinces". It appears that the US sponsored resolution of 2012 has gone out of its way to be more creative that even the LLRC. This is an unwarranted intrusion unbecoming of the UN.

ISSUE #2: Independent and credible investigation into violations.

The resolution calls on the Government to "conduct an independent and credible investigation into allegations of violations of international human rights law and international humanitarian law, as applicable". Sri Lanka needs to decide how it is to address this issue. For the present the call is for "an independent and credible investigation". The outcome of such an investigation would determine whether the investigation was independent and credible. If in the opinion of the International Community driven by the US and India, the investigation does not meet their expectations of what is "independent and credible", the next resolution would call for an international investigation; a fact evident from the deletion for an international probe from earlier versions of the draft resolution.

In view of these developments Sri Lanka has to take a long and hard look as to how it would fare in an investigation even if it is to be "independent and credible", and not "international" considering the position it has taken thus far, namely, that it was a Humanitarian Operation. This position was further consolidated by the findings of the Army’s Court of Inquiry. While acknowledging that phases of the conflict did have humanitarian dimensions, the Government would be hard pressed to maintain that the entire operation was motivated by humanitarian considerations.

In this regard, a glimmer of hope is provided for in the Preamble to the 2013 Resolution that states: "Reaffirming also that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights law, international refugee law and international humanitarian law, as applicable". Since this provision can serve as a cover for all States combating terrorism, Sri Lanka should exploit the opportunity presented by it to modify the presentation of the conflict as a combination of an Armed Conflict fighting terrorism by recognized rules of war as stated in the Geneva Conventions and Additional Protocol II, coupled with a Humanitarian Operation to save the civilians trapped by the LTTE.

CONCLUSION

The 2013 Resolution passed by the UNHRC in Geneva calls upon the Government of Sri Lanka to implement multiple recommendations, viz., "constructive recommendations in the LLRC report, recommendations in the High Commissioner’s report and makes reference to Sri Lanka’s National Plan of Action. This lack of clarity is problematic. Adding to the confusion are statements and comments almost on a daily basis within Sri Lanka by Members of Parliament, commentators and analysts, calling for the implementation of LLRC recommendations. It is imperative to realize that in the current context, the LLRC report has lost its relevance because it is now a historical document. What is relevant is the Government approved National Plan of Action. The Government should take steps to urgently rectify this confusion by stating unequivocally both nationally and internationally, that it is committed to implement ONLY the National Plan of Action and nothing else, since this is the only plan that has the endorsement of the Government. Furthermore, the Government’s performance should be judged against this plan and not any other.

The second issue namely, the resolution’s call for an "independent and credible investigation into violations" needs to be addressed with the seriousness it deserves if grave consequences are to be avoided. Not to do so is to invite international investigations concerning violations committed at some future date; a call initiated already by Tamil Nadu. In this regard Sri Lanka needs to seriously consider its ability to sustain its stand and prevail in gaining acceptance from the international community and from the US and India in particular, that the conflict was a Humanitarian Operation. If Sri Lanka has doubts in this regard, it is in Sri Lanka’s interest that it evolves a fresh approach even at this late stage, and calls for re-categorization as a combination of an Armed Conflict fighting terrorism by recognized rules of war, coupled with a Humanitarian Operation to save the civilians trapped by the LTTE, without continuing to take a stand that is not helpful to bring closure to conflict-related issues.

They Don’t Know The Difference: A Reply To Paul

By Kusal Perera -March 25, 2013 
Kusal Perera
Colombo TelegraphTN Wants “Factory Closed” When SL Tamils Want “Better Wages”; They Don’t Know The Difference !
Whom should I thank for this opportunity given to me, to further elaborate on what I have said about TN politics and SL Tamils ? Both my good friendsChandran and Paul ? Or, the Colombo Telegraph ? Let me thank them all and start with Bangalore University, Political Department Don, Dr. Paul Newman’s painful effort in defending the TN student agitations and through them, TN fringe politics on Sri Lanka.
Let’s first agree on two fundamental issues, without which, the SL Tamil issue as related to TN politics can not be understood with sanity.
(1)Political demands of the SL Tamil people are framed here in SL by the Tamil political parties (one or more, or in alliance) representing 2.27 million Tamil people living in Sri Lanka and by no one else or by no other organisation, any where else outside Sri Lanka. The Tamil National Alliance (TNA) proved during these post war years, they have gained a dominant political role in SL Tamil society, with 48% in Jaffna district and 38.9% in the Vanni, voting with the TNA with very many odds against them, to elect 08 out of 15 MPs. With over 26% Muslim votes in the Vanni, the Muslims obviously get a share of representation from the balance 07 seats and at the last 2010 parliamentary elections with State power behind them, the ruling UPFA managed to have 03 Muslim MPs elected.
Meanwhile, the TNA won 24 out of the 32 LG bodies for which elections were held in 2011 in the districts ofJaffna, Kilinochchi and Mullaitivu. In the East, TNA came as a very strong opposition with 11 Councillors elected, against the motley collection of 15 by the ruling UPFA and its allies. There is therefore no doubt, the TNA now represents the Tamil people and no one else. Not those Tamil parties, groups and individuals within the folds of the ruling Rajapaksa alliance either.
(2)TN agitations, protests or even “uprisings”, a new fond word in circulation now in TN media, if about SL, should and could ONLY be in “SOLIDARITY” with the SL Tamil people. They CAN NOT and don’t have a political right to dictate terms on SL Tamil politics as a Tamil nationalist movement in India. TN don’t have parental rights in circumventing and changing the demands put forward by the SL Tamil representation in SL and instead have their own, IF what they organise are actually “solidarity” campaigns.
IF Chandran and Paul would agree with those two basic assumptions, they should immediately understand that not only the students in “uprising”, but the whole of the recent TN protests and agitations, were and are nothing but political “riffraff”, contributing nothing to the SL Tamil issue. Of course, one may say, “Why not. Look how it travelled from Chennai to New Delhi to Geneva”. Any one who pins full faith on these US sponsored Resolutions, could continue to believe in them and that’s no hassle for me. But political scientists at least should understand that “solidarity movements” have their limits and restrictions in following the actual political aspirations of the people in oppression. They don’t have the right to go beyond what the oppressed people and their legitimate political representations demand for in fulfilling their aspirations.
Let’s try to understand it this way. Can TN human rights activists (unfortunately HR activism in TN rarely speak about other oppressed and brutalised societies within their own country) demand a “Separate Khalistan” for Punjab, now that it is reduced to a demand of a few Sikh Diaspora groups in the West ? Can on the other hand the Tamil Diaspora demand a “Separate Tamil Nadu” in India, 50 years after the DMK officially dropped that slogan in 1963 ? That is the strange difference between TN protests and SL Tamil aspirations. Political relevance does not come with “out-of-the-heavens” slogans, though in this present high tech globalised world, social media and IT can generate a frenzy, a blitzkrieg.
Unfortunately for Paul, based on the two fundamental guiding rules above, what he writes only proves me politically right. The “anti-Sri Lankan protests”, that he says he was “involved in along with a host of other human rights activists from Tamilnadu and Karnataka”, which I don’t dispute, proves in its very political terminology, they have NOT been solidarity campaigns on behalf of SL Tamils, but “anti Sri Lankan” in its politics for some other reason(s). Obviously, the students who follow, can not be more enlightened than the elders who can not understand the political difference between, a “pro SL Tamil campaign” and an “anti Sri Lankan” protest. TN students and their sympathisers are like those who want the factory closed for paying low wages, while the workers demand a “wage increase”.
An “anti Sri Lankan” protest can have any number of demands, based on the perception and the political need of those who spearhead those protests. Once such protests take root, they develop on their own warped ideology, though with initial wrappings. There arrives a time, when the “initial take off” and the “final landing” don’t even have any relationship between them. It is then the slogans don’t remain relevant to SL Tamil politics. Thus all those 09 demands can be campaigned by the students in their “anti Sri Lankan” protests and by all those who Paul has listed as proof for his claims. The lists of names of individuals and organisations apart, every single demand in that list, now runs counter to Tamil political aspirations in SL.
This list of 09 demands, who ever who drafted them for the students, or from where ever the students picked them from, is based on the premise that there is “genocide” continuing in SL and therefore the SL Tamils should be made to vote at a UN sponsored Referendum to establish a “Tamil Eelam” as decided by those students. SL Tamils’ “right to self determination” was never argued on “genocide”. “Self determination” was re-interpreted as the “right to internal self determination” by Dr. Anton Balasingham, when the LTTE signed the “Oslo Declaration” in December, 2002. All that was based on political interpretations and arguments. Now, for the Diaspora and TN activists, politics is not important. For them and their like, its “genocide” with apparently no clue about how this could be proved.
YES, there is no dispute, no argument the war caused thousands of deaths of civilians, of non combatants. They have to be investigated, if this regime wants to clear itself of charges of war crimes and to provide justice to the victims and their kith. Similarly, there are allegations of crimes against humanity too, that demands investigations. All of them put together demands investigations this regime denies but would not want to stand for trial. Politically, they can not afford to. That issue taken as “accountability” is partly in the US sponsored resolution, but none of them accounts for “genocide”.
I have argued against this slogan of “genocide” in my article in CT, for which Paul has taken umbrage upon me. I have very clearly said “crime” is not always “genocide”. I have given reasons for such difference, backed by hard facts, never disputed by any to date. Not even by Paul himself. Without “genocide”, the “Referendum” falls apart. Even otherwise I have given reasons why it wouldn’t be an “East-Timor” or a “South Sudan”. Again, none has contradicted me on them. Therefore, what relevance can these 09 demands that Paul lists as proof for an enlightened, intellectual student uprising mean to SL Tamils ? For me, despite the names and numbers backing them in hyped campaigns, they are “fringe and riffraff” when irrelevant to the main, core issue.
Does Paul or Chandran or these much defended students know what SL Tamil politics demand for now ? They should, instead of exhibiting their ignorance. TNA leader, R. Sampanthan has most recently, in fact even after the voting on the US sponsored Resolution, told the Colombo media, “It is my firm view that by and large, the vast majority of the Tamil people, whether they live in Sri Lanka or abroad, are opposed to violence. They look forward to a peaceful, reasonable, workable and durable political solution to the Tamil question.
However, there are groups wanting to propagate the fear of a renewal of militancy and to perpetuate that fear in order to evade arriving at a reasonable political solution.
The (SL) government’s failure to act positively to reach a political solution is helping these forces to propagate and perpetuate that fear. The government itself is not a party to this myth. Therefore, the (SL) government should, at the earliest, take positive steps to ensure that a political solution is in place.” [Ceylon Today – 25 March, 2013 / emphasis added]
Where is “genocide” and where is a “UN sponsored Referendum for separation” in that plain speaking, by the leader of the SL Tamil people, living in SL ? Politically therefore, neither these students nor Chandran and Paul understands that their slogans and demands have nothing to do with what TNA leader Sampanthan articulates as aspirations of the Tamil people in SL. In SL, Tamil politics is for 13th Amendment and building on it, as Sampanthan says. “The commitment was to fully implement the 13th Amendment and to build on it – to achieve meaningful power devolution. Sri Lanka took some steps in this regard, particularly when it appointed a multi-ethnic panel of experts……”[ibid]
I have instead politically argued, the solution can have a better consensus based on the APRC Final Report that proposes a complete overhaul of the present Constitution and straightaway begins with far reaching and meaningful power devolution under a new Constitution. IF Chandran, Paul, et al, wish to play solidarity with the SL Tamil people, they should help the TNA position for a political solution to be canvassed support in TN and New Delhi. They should help build pressure on the SL government and trap the Rajapaksa regime within the demands pushed by the TNA. Throwing up totally different slogans and living on idealistic, romantic self indulgences, only helps this Rajapaksa regime to continue side stepping the issue of settling the political conflict. But to understand that, needs political intellect sans sectarianism. TN is all that and nothing else. So why blame me ?

Key U.S. Outcomes at the UN Human Rights Council 22nd Session

Fact Sheet

Office of the Spokesperson
Washington, DC
March 25, 2013
U.S. Department of State - Great Seal

The 22nd Session of the Human Rights Council (HRC) underscored the importance of robust engagement at the Council, where the United States continues to work with a diverse range of countries from all regions of the world to address urgent human rights concerns. This was the first session of the United States’ second term on the Council, after our re-election by the General Assembly in New York last November. U.S. leadership helped to keep the Council at the forefront of international efforts to promote and protect human rights. We continue to engage strategically with the goal of making the HRC a more effective and credible multilateral forum for promoting and protecting human rights. At the same time, the Council’s biased and disproportionate focus on Israel remains a major challenge, as exemplified by the annual Item 7 resolutions. As a member of the Council, our mission remains to emphasize key human rights issues while vigorously opposing efforts to shield human rights violators.
MULTILATERAL RESPONSES TO COUNTRY SITUATIONS
Sri Lanka: The United States, along with a group of 41 cross-regional co-sponsors, introduced a resolution that encouraged the Government of Sri Lanka to implement the constructive recommendations of its own Lessons Learnt and Reconciliation Commission (LLRC) report, as well as recommendations from the Office of the High Commissioner for Human Rights, on issues of reconciliation, accountability, human rights, and democratic governance. The resolution, built on a 2012 Council resolution, re-affirmed the Council’s call for the Government of Sri Lanka to fulfill its public commitments to its own people on these longstanding issues of reconciliation and accountability. By adopting the Resolution, the Council reiterated that Sri Lanka must take meaningful action on these areas in order to move forward in the wake of its 27 year civil war.
DPRK: The United States co-sponsored a landmark resolution on North Korea, establishing a Commission of Inquiry (COI) to investigate the grave and systematic violations of human rights in the DPRK. The creation of a COI sends an important message that the global community is paying close attention to the DPRK, not just on the nuclear front, but on the human rights front as well. The resolution was adopted by consensus.
Syria: The Council once again took decisive action regarding the crisis in Syria. The Commission of Inquiry on Syria made a forceful presentation regarding the violations of international law committed by all sides, and highlighted the egregious crimes committed by the Assad regime. The Council voted to extend the mandate of the Commission for one year to investigate ongoing human rights violations in Syria. Sadly, this extended mandate reflects the growing brutality of this crisis, and the COI’s work will aid efforts to document abuses for use in future Syrian led transitional justice and accountability processes. The resolution passed with the strongest level of support so far, with only one country, Venezuela, voting to oppose.
Iran: A cross-regional group of sponsors, including the United States, led the Council in renewing the mandate for the Special Rapporteur on Iran, which passed by the largest vote margin yet--only two “no” votes. Ahmed Shaheed, the former Foreign Minister of the Maldives appointed as the Special Rapporteur on Iran two years ago, continues to work to maintain international attention on Iran’s ongoing and serious violations of human rights. Importantly, the renewal resolution calls on Iran to allow entry for the Special Rapporteur and to cooperate with his work, which Iran so far has refused to do.
Burma: The Council adopted by consensus a resolution that focuses on the human rights situation in Burma by welcoming positive developments and urging further progress. The resolution asks Burma to set a timetable for establishing an office of the High Commissioner for Human Rights in the country and renews the Special Rapporteur’s mandate. The resolution also took note of the troublesome situation of ethnic minorities in Rakhine and Kachin states.
Libya: The Council adopted its second technical assistance and cooperation resolution on Libya that will further cement cooperation between the Libyan government and the United Nations to address ongoing problems in the country. The High Commissioner for Human Rights will report on this progress at the 25th session of the HRC.
Mali: The Council adopted by consensus a resolution on the human rights situation in Mali, which calls for an Independent Expert to look into human rights violations and abuses in the entirety of the country. The United States co-sponsored this important resolution, which also calls for the government of Mali to guarantee freedom of expression and to hold free and transparent elections.
Israel: This Council session was once again marred by six separate resolutions targeting Israel under the Council’s biased Agenda Item 7. The United States strongly opposed all six resolutions, including a resolution following up on the report of the Fact Finding Mission on Israeli Settlements, created at the Council last March.
CROSS-CUTTING HUMAN RIGHTS PRIORITIES
Human Rights Defenders: The Council adopted by consensus an important resolution calling on states and the international community to protect human rights defenders and to recognize the legitimacy of their work. The United States, along with 63 other countries, co-sponsored this resolution which reflects one of our most foremost cross-regional human rights priorities.
Genocide Prevention Resolution: The United States was a co-sponsor of this important resolution. The resolution emphasized early warning to prevent genocide and underscored the importance of prevention mechanisms to prevent other types of atrocities, issues that are a focus of the U.S. Atrocities Prevention Board.
Freedom of Religion or Belief and Combating Religious Intolerance, Discrimination, and Violence (16/18): The Council extended by consensus the mandate of the Special Rapporteur on freedom of religion or belief. The Special Rapporteur’s most recent report focuses on threats against religious minority communities. In addition, the Council adopted another resolution proposed by the Organization for Islamic Cooperation on combating religious intolerance, discrimination and violence. The resolution outlines positive steps to address these challenges in a manner consistent with protecting the fundamental freedoms of expression and religion.