Dec 26, 2012

In Retrospect: Death of a human rights defender



At around 2.30 am on the 25th of December 2005 , I received a text message from a friend of mine who worked for an international news agency. Since the beginning of “another phase” of extra-judicial killings, abductions and disappearances during Eelam War - IV, we, a substantial number of journalists and human rights activists had a network to share breaking news and info about political and military developments, particularly with a focus on human rights before the news or information was even published in any media.

Considering the time that I received the message, even before I opened it, I realized that it would be very disturbing. My discernment did not go wrong.

If I remember correctly, the SMS said, “TNA MP Joseph Pararajasingham was shot and killed and his wife was wounded inside the Church during Christmas Eve prayers in Batticaloa”. At the beginning I could not believe it, later I reconfirmed that Mr.Pararajasingham was shot inside the Cathedral in Batticaloa town that was crowded with people attending the Christmas mass presided by the Bishop of Batticaloa. I was deeply shocked. It was worrisome news not only to the Tamil nation, but to all those fighting to protect and promote human rights.

Today [25 December 2012], with utmost respect, we commemorate the Seventh year remembrance of Mr. Pararajasingham, while perpetrators of this cold blooded crime are continuing to enjoy life within the culture of impunity that exists in Sri Lanka with the blessings of a reign of terror.

Final farewell

The last time I met Mr. Joseph Pararajasingham was a few months before he was assassinated. Our meeting took place at his official residence in Keppetipola Mawatha, Colombo 05. It was scheduled for an hour, though without the realization that it would be our last meeting, the conversation continued for nearly two hours. He stayed in Colombo due to immediate life threats that he faced as he highlighted the human rights situation of the Tamil people and challenged a paramilitary group.

The prime topic of our conversation was about human rights. He was deeply disturbed and worried about the deteriorating human rights situation in the East and generally concerned about the unhealthier political developments throughout the island. ”While being a parliamentarian, I became a prisoner, too. I wanted to be with my people. They are suffering a lot. Even, though we cannot prevent the suffering of our people, at-least we should draw the attention of the world to the ongoing human rights violations. That might diminish their suffering,” the slain MP told me during the conversation.

He further said, “I am happy to know that you are working as a journalist while being involved in the human rights field. At this stage, our community needs to invest a great deal in these fields, but unfortunately parents are scared to send their sons and daughters to these fields as it is risky, that is also understandable”. Just before we said goodbye to each other, he wished and encouraged me and told me to take care.

A fighting legacy

I was really motivated by our conversation and decided to engage with him proactively depending on both our conveniences as he also expressed his interest to meet me in the future, but we both never thought that would be our last goodbye. His passion for protection and promotion of human rights and the Tamil cause is indeed inspirational. After his death, the human rights situation of the Tamil people worsened further, but still he serves as an inspiration, when we fight for rights and justice.

As outlined in a condemning statement by NeSoHR- "In his parliamentarian life, Mr.Pararajasingam, documented human rights violations in eastern Sri Lanka during the 1990’s and brought it to the attention of the international community. He persistently challenged the Sri Lankan government on its human rights record. The Sri Lankan parliament records, the “Hansard”, will contain ample evidence of his brave challenges to the Sri Lankan state on its human rights record. He traveled the world as a member of parliament, representing the Tamils, to meet foreign ministers and foreign affairs officials and brought the human rights situation in Northeast to their attention. In his last visit to North-East Secretariat on Human Rights (NESoHR) in Kilinochchi to mark the International Human Rights day on December 10th 2005, he told us that he has decided to station himself in Batticaloa from now on and take up the human rights issues in his district. He told us that he was ready to take any risks that this would entail."

The death of Mr. Pararajasingam was irreparable to the Tamil cause, which has faced decades of oppression and discrimination. Since the brutal murder of Mr. Pararajasingam, there is a huge vacuum to replace his contribution. At the same time, human rights violations have peaked higher than ever in the history of Tamil struggle.

Facing the challenge

The present Tamil National Alliance (TNA) has to play a crucial role to address the mass atrocities, including genocide that continues against the Tamil nation in different forms.  But, the TNA has failed to take adequate actions to address the mass atrocities that continue against Tamils, in an appropriate manner.

Therefore, it is a vital responsibility and moral obligation of the Tamil nation to either, strengthen and coordinate the work of existing human rights organizations that work genuinely or, to form a creative and constructive foundation that can stop the ongoing genocide against Tamil nation.

A formation as an innovative initiative is not only capable of stopping the ongoing genocide and seek justice that has been denied for decades to the Tamil nation, but also be a fitting means to pay respect to human rights defenders in a meaningful manner, who sacrificed their life for the rights of the Tamil people.

First published 

Dec 10, 2012

Strengthening My Struggle


Strasbourg Declaration

Today [10-12-2012] is International Human Rights Day. I am currently in Strasbourg, France, where the European parliament, Council of Europe, European Court of Human Rights and other important European institutions are based. My foremost purpose in this mission is to attend a “UNITED Study Session Against Racist Propaganda and Hate Speech online”. It is organized by UNITED Against Racism and hosted by the Council of Europe. 


This is a special day in my life for more than one reason. I have an impression that my integration into the life of the European communities is being strengthened through engagement in concerns relating to the protection and promotion of human rights and in building solidarity across the globe.


Even though my genesis in fighting for justice through the protection and promotion of human rights began with the island nation of Sri Lanka, since Spring 2007 I have started to feel the urge to get actively involved in the protection and promotion of human rights throughout the world after an intense engagement with nationals of nearly eighteen countries in Birmingham, UK.


As long as threats prevail against justice and humanity, we cannot envision a peaceful world where we all live with mutual respect, dignity and freedom in harmony. 


Protecting and promoting the rights of asylum seekers, migrants, refugees, particularly, political refugees has become the core of my engagement in Europe.   Therefore, on this remarkable day, I take a crucial internal pledge to fight against racism and integrate this pledge into my ongoing struggle for justice.


To read the previous declarations please click on the below links.

"I Have Only One Objective and No Options" - 2011

" A Voice Of Resistance On Behalf of The Silenced Voices" - 2009



Dec 2, 2012

November 28: Appalling attack and deafening silence



On the evening of the November 27 at 06:07 PM (local time), flames were lit in commemoration of Maaveerar Naal 2012 (Martyrs’ Day 2012). It was initiated by the Tamil students from the Jaffna University.

Pre-deployed Sri Lankan troops forcibly entered into the Ladies’ Hostel and attacked the students and damaged properties, soon after they realized that the flames were lit inside the Ladies’ Hostel of the Jaffna University. The victims called the University administration to escape from the attack and seek safety. However, following the attack tensions prevailed.

More troops and policemen were deployed to the university vicinity by the Sri Lankan defense establishment in Jaffna. The next day (November 28), the students called for a nonviolent protest in opposition to the military attack against the students. The sit-in protest which took place within the university premises revisited memories of the Satyagraha campaign led by the late S.J.V.Chelvanayagam.

Jul 17, 2012

Sri Lanka: Militarizing the land and terrorizing the minds




“Given that 75% of the army’s divisions are stationed in the Northern Province, in addition to other formations such as task forces and independent brigades and regimental units, it is not unreasonable to assume that at least 60% of the army, i e, approximately 1,80,000 personnel, are stationed across the Northern Province.” - Notes on the Military Presence in Sri Lanka’s Northern Province | Economic & Political Weekly, July 14, 2012

Nearly four decades of asymmetric war between the Sri Lankan state and the Tamil guerrillas ended in an unprecedented bloodbath, which was seen by some as "unacceptably high".  Regardless of the fact that such statements naturally arouse anyone's cynical curiosity to know what could be an "acceptable level of bloodbath", it confirmed that the State's decisive victory over the guerrillas was achieved by massacring hundreds of thousands of Tamils. It was a well calculated and masterly executed systematic war plan which was grounded on state's unwavering determination to annihilate any number of Tamils to reach their ultimate goal.

Consequently the Tamil inhabitants who traditionally lived in those areas were forced to vacate their native lands due to obvious concerns for their safety and security.  These traditional places of habitation consisted of residences, places of worship, schools, community buildings, farm lands and coastal fishing zones.

War and peace.., and war again

In the aftermath of the large scale military offensives, the displaced survivors hoped that their right to return would be granted. But they could not have been more wrong about the intentions of the state. Instead, the end of the decades long military standoff has triggered off an accelerated plan aimed at further weakening and destroying the collective national life of the surviving Tamil population in the north-east of the island. Therefore the new wave of militarization and land grabbing taking place in the Tamil areas, should be seen as an integral part of the same systematic military offensives waged to subjugate Tamils.

The current land grabbing plans need to be understood as the calculated outcome of a state policy. The grabbed land is mainly taken for either militarization or colonization purposes. In principle, both militarization and Sinhalization projects are mutually interconnected and they are specifically designed to complete the annihilation plan of the Tamils as a nation. In addition, the policy is aimed at eliminating the collective national existence of the Tamils, and intends to ensure that any future Tamil national revival would never materialize.

'The almost entirely Tamil-speaking north is now dotted with Sinhala sign-boards, streets newly renamed in Sinhala, monuments to Sinhala war heroes, and even a war museum and battlefields that are open only to Sinhalese. Sinhala fishermen and businessmen are regularly given advantages not accorded to Tamils. The slow but steady movement of Sinhala settlers along the southern edges of the province, often with military and central government support and sometimes onto land previously farmed or occupied by Tamils, is particularly worrying. These developments are consistent with a strategy – known to be supported by important officials and advisers to the president – to change “the facts on the ground”, as has already happened in the east, and make it impossible to claim the north as a Tamil-majority area deserving of self-governance.' (Read : Sri Lanka’s North I: The Denial of Minority Rights") To fulfill this policy without facing much obstacles and challenges, the incumbent regime has started appointing ethnic Sinhalese as administrative decision-makers on every prominent level in the north, which is an area where solely Tamil speaking people live.

For example, under this process, an ethnic Sinhalese has been appointed as the Government Agent (GA) of Mannar district and interestingly, this measure was taken following the intense Sinhalization process taking place in the district since the LTTE was militarily defeated in May 2009. In a similar move, out of 15 Divisional Secretariats that comes under Jaffna district, already three Divisional Secretariat (DS) posts have been filled by ethnic Sinhalese, even though the people who live in all the three divisional zones are Tamil speaking families.  'In the North, Jaffna included, the military and especially the Army is for all intents and purposes the government as the civilian administration remains enfeebled; the Province itself is run by a Governor, who until just prior to his appointment was the head of the Security Forces Headquarters, Jaffna.' (Read: How Credible are the Latest Official Claims Concerning Troop Reductions in Jaffna?)

The motto: 'Grab and occupy'

According to parliamentarian M. A. Sumathiran, "out of a total land mass of 65,619 sq km, Tamil people inhabited 18,880 sq km of land in the North and East. But after May 2009, the defence forces have occupied more than 7,000 sq km of land owned by Tamil people.”  Moreover, the latest data reveals that at least 6,069 acres of public and private lands are occupied by the Sri Lankan Armed Forces (SLAF) for the purpose of opening up Sinhala colonies in the Vanni region. It is worth noting that this excludes occupied lands in Jaffna and the ‘Eastern province’.

The Tamil people are compelled to live through the negative effects of militarization in their day-to-day life while fearing that the state aided Sinhalization process would flush them out of the area in the long run. 'The Tamil-majority north remains under de facto military occupation, with all important policies set by Sinhala officials in Colombo. The slow but undeniable movement of Sinhala settlers into the fringes of the north and other forms of government-supported “Sinhalisation” are reigniting a sense of grievance and weakening chances for a real settlement with Tamil and other minority parties to devolve power.' (Read: Sri Lanka’s North I: The Denial of Minority Rights)

The occupation by the SLAF affects the normal civilian activities, including resettlement, education, religious and cultural activities and free access to resources such as agricultural and fishing zones. The latest edition of the Economic and Political Weekly (quoted at the beginning of this article) points out that given the extent and nature of the military presence in the north, it is not hard to see why some view it as an “occupation”. ‘Three years after the war, the Northern and Eastern Provinces together are the focus of 18 of the 20 Divisions of the Sri Lanka Army, besides other military units and formations. The military occupation of land and the militarization of land administration are especially serious issues with several ramifications. A ratio of 1 security personnel for every 5.04 civilians in the Northern Province or a force density of around 198.4 security personnel per 1,000 civilians' cannot be defended in any circumstances, and is simply for the purpose of the Sinhalization and militarization of the Tamil nation.

The review further states that a '2012 memorandum of the US Department of the Army, building on the IDA study, notes that the force density in Iraq in 2007 (the time of the “surge”) was around 20 per thousand civilians. According to a Joint Doctrine Publication (JDP) of the UK Ministry of Defence, in the mid-1970s the force density in Northern Ireland was 23 security personnel per 1,000 civilians. Further it refers to  Goode’s (2009-10: 46) estimate that counter-insurgency security forces under French command in Algeria peaked at nearly 60 per 1,000 residents while the Russians committed more than 150 soldiers per 1,000 civilians in Chechnya in 2003, in the course of the bloody second Chechnyan war.'

'Occupy Jaffna'

The entire land area of the Jaffna district is 1,025 km² (out of 8884 km² of the North). It has always been one of the favourite targets of consecutive governments as it holds a symbolical value as the cultural capital of the Tamil nation. The city withstood the massacre on the occasion of the World Tamil Research conference in 1974 and the burning down of the Jaffna public library in 1981, which was known to be one of the largest libraries in whole of Asia, containing over 97,000 books and manuscripts. In addition, Jaffna is the only district in the island that has at least three daily news papers, despite various attacks on free media, including the assassination of at least fourteen media workers within a period of six years. Furthermore, Jaffna is relatively well-connected with the Tamil Diaspora living scattered around the world, despite it being occupied by the SLAF since 1995.

In reality people live under fear, while the military administration functions on the policy of the Rajapakse regime, projecting itself as a 'symbol of normalcy and good governance '.  Civil liberties, from freedom of expression to freedom of assembly, are denied. The desperate need of the people to live a normal life with dignity was clearly expressed even after the recent visit of an Indian delegation. “The people of Jaffna want the army to go back to the barracks,” said Congress MP E.M Sudarsana Natchiappan after his meetings in Jaffna in April 2012.

However, the details below reveal the gravity of the unaddressed humanitarian issues while the accelerated militarization and Sinhalization schemes are rapidly dominating the normal life in Jaffna.

Some 70,000 members from 26,000 families have been living as Internally Displaced Persons (IDPs) in 23 Grama Niladari Divisions in Valikamam DS Division alone for more than a decade.  While the pleas of these Tamil people who keep demanding their right to return to their ancestral lands has been conveniently neglected, programs for the Sinhalization process have been speeded up. For example, under the direction of the Sri Lankan Defence Ministry, steps have been taken recently to acquire 20 acres of land which belong to private owners in Oddakappulam, Vasaavi'laan East. It has been further confirmed that these lands have been occupied by the SLAF for the last 20 years which originally belonged to 200 families. In a similar move, a large Navy garrison is being constructed in Mandaitivu on 200 acres of agricultural land, which also belongs to Tamils.

The Sri Lankan Navy in Valikaamam West near Thiruvadinilai has acquired 100 acres of land belonging to a private owner in order to build a Navy Camp. The Navy in Maathakal have acquired lands forcefully in three Grama Niladari Divisions (J/150, J/151, J/152), blatantly violating  the rights of 258 families who owned the lands.

Since May 2009, 151 families have been resettled in Ki'laali, where a Northern Forward Defence Line (FDL) was maintained during the war. Now, they have been moved back to IDP camps and are not even allowed to engage in fishing, upon which they depend for their survival. A similar development is also occurring in Seanthaanku'lam, which is located close to the Thellippa'lai area.

Despite the fact that the people have demonstrated their will to return to their native areas by making repeated appeals to the government officials, no decision has been made to grant them their lands. As a result, around 119 families of Va’lalaay Division are still not granted permission to resettle who currently live displaced in Ma’natkaadu,  Ampankudaththanai, Point Pedro and Munai.  Similarly, 45 families from the Allaarai Raamaavil area have requested the GA to stop the SLAF, from constructing a camp on private land by preventing the owners from returning. 73 schools, from four educations zones in Jaffna, have been shut down while the military governor of the Northern Province has announced that permission will not be granted to recommence activities of the Palaali Teachers’ Training College, since 57 acres of land belonging to training school remains under the occupation of the army which is a part of Palaali high security zone. Many more similar cases can be listed in the same manner, if needed.

Lessons unlearned

Military occupation and Sinhalization are not only causing worries. But such policies create an atmosphere of permanent fear. 'The army has grabbed vast expanses in the north, either to set up military bases, farm for profit or, many Tamils fear, resettle Sinhalese from the south and change the demographics. The construction of Buddhist monuments where no Buddhists live reinforces those fears.' (Read: Abuse by Sri Lanka’s army rubs salt in wounds of war)

The massive slaughter campaigns carried out during the war did not achieve ultimate success in deterring the Tamils in the long run and forcing them to abandon their collective aspirations. Therefore, the victimized Tamils is now being subjected to a new wave of terror campaign through state aided land grabbing plan which go hand in hand with the processes of militarization and Sinhalization. A refreshed plan of selective assassinations, abductions and torture is being used as the relatively soft coercive tactics failed to deliver the expected results. Therefore the policy of colonizing the land is supplemented with a policy of terrorizing the minds of the surviving population.

Even three years after a destructive and protracted war, the repressive and intransigent character of the ethnocratic Sri Lankan state remains same and nothing but naked brutality lies at its heart. It does not show the slightest willingness to change itself into a democratic and pluralistic civilized body, since it does not contain the potential to transform itself.  It is a lesson that Tamils learned in blood of several generations. But it still remains a lesson that needs to be learnt by the rest of the world.




http://www.jdslanka.org/index.php/2012-01-30-09-31-17/politics-a-economy/136-sri-lanka-militarizing-the-land-and-terrorizing-the-mind


May 19, 2012

Mu'l'livaaykkaal: The Slaughter Unheard and Unpunished






Listen to what they did. Don’t listen to what they said.
What was written in blood has been set up in lead.
Lead tears the heart. Lead tears the brain.
What was written in blood has been set up in lead.
The heart is a drum. The drum has a snare.
The snare is in the blood. The blood is in the air.
Listen to what they did. Listen to what’s to come.
Listen to the blood. Listen to the drum.
James Fenton


Feb 23, 2012

In Memory of Marie Colvin



Photo via CBS News and courtesy AP Photo/Ivor Prickett Sunday Times

“Journalists covering combat shoulder great responsibilities and face difficult choices. Sometimes they pay the ultimate price.” – Marie Colvin
A few days ago, I was in a conversation with a fellow journalist and a human rights activist with regard to establishing an initiative in response to the unfolding developments in Sri Lanka. We discussed which journalists, experts and academics we could call to help us in our struggle. A name that immediately came up was Marie Colvin. While taking a reflective walk after the discussion, I decided to contact Marie Colvin through another foreign journalist, and I even decided to speed up my postponed trip to the UK. I went online in the morning to book the ticket, but just before I booked the ticket, I checked the news and I could not believe what I was reading - Marie Colvin had been killed in Syria, along with French photographer Remi Olchlik.

Feb 11, 2012

"Love and Happiness: Inspirational Enlightenment for Life"


Photo credit: Sephi Bergerson 

Happiness is the meaning of life. It generates from love. Love is more powerful than waves and more attractive than a magnet. Thousands of sufferings can be vanished by a single love.  Suffering and pain are tragic events of our lives and in most cases they cannot be avoided, as it is part of life. These events create connections and records in our mind. The mind allows the space for negative thinking and thoughts.
  
When love arises, pain and suffering vanishes, because these are related to the mind, and love is connected to the heart and soul. Love doesn’t question and it is the answer for life. Love brings happiness, enthusiasm, motivation, encouragement, positive energy, positive feeling and positive thinking. Love originates from human beings (family, friends & other relationships), animals and nature. We must love whatever we are engaging. If we don’t love, then there won’t be happiness. Success is based on happiness and love is the basis for happiness.

Jan 15, 2012

Silva’s Report, Role of International Community and Reconciliation in Sri Lanka


GV caption: Three terrorists, two terrorists, former terrorists, patriots or a hero? How one sees this image is  measure of how much Sri Lanka remains divided post-war. Image shows Secretary of Defense Gotabaya Rajapaksa speaking during the inaugural National Conference on Reconciliation in Colombo November 24 ,2011. REUTERS/Dinuka Liyanawatte, courtesy MSNBC.
One of the most fundamental challenges of peacemaking and peacebuilding is confronting the past while building a just foundation for the future. Fighting impunity and pursuing peace are not incompatible objectives – they can work in tandem, even in an ongoing conflict situation.  – Ban Ki -moon, The Secretary General, UN [1]
Background of Silva’s report
Since the brutal war in Sri Lanka came to an end in May 2009 with the violation of International Human Rights Law and Humanitarian Law, the International community called for an International Independent Investigation [III] into war crimes and crimes against humanity. Due in part to this pressure, the UN Secretary General appointed a Panel of Experts (PoE) to advise him on accountability issues in Sri Lanka. The PoE findings also recommended an International Independent Investigation.
However, the Government of Sri Lanka (GosL) rejected this call and refused to accept the PoE as a UN report and called the UN Panel of Expert report as the “Darusuman” report. Mr.Darusuman, who was the head of the UN Panel of experts.
In response to war crimes allegations and the calls for an III, Sri Lanka came out with its own home grown report, which is a domestic “investigation”. The “Lessons Learnt and Reconciliation commission – LLRC” is an outcome of this process. I call this report “Silva’s report” as Chitta Ranjan De Silva is the Chairmen of the so called Lessons Learnt and Reconciliation commission and he was a former Attorney General and Solicitor General of Sri Lanka. Silva’s report is flawed and has completely failed to reveal the comprehensive facts and break the veil of silence that covers what occurred in the past. The key intention of the report is to hide the deliberate attacks on Tamil civilians and constant attacks on hospitals, committed by the Sri Lankan Armed Forces [SLAF]. In addition, it has gone to extremes to protect the Chain of Command [CoC], including the Defence Minister/President Mahinda Rajapakse, Defence Secretary Gotabhaya Rajapakse, and Senior level commanding officers, especially those who are loyal to Rajapakse regime. This is one of the main reasons behind the appointments of alleged war criminals to Sri Lankan diplomatic missions. Furthermore, to ensure the impunity of the perpetrators, the regime has had a precise agenda to divert, obstruct, and, if possible, to curb international pressure to establish an III into war crimes and crimes against humanity which took place during the final stages of the Eelam War – IV. This becomes clear even through an interview[2] of Sri Lankan cabinet minister Wimal Weerawansa.
In addition, the Silva report is attempting to intentionally generate ‘new’ facts and to blackout important testimonies. A remarkable outcome of the report, finally, is that it mentioned that the SLAF was responsible for at least some civilian causalities, which is a major transformation from the Government’s previous version of so call “zero-sum-causalities”.
International human rights organizations, such as Amnesty International, Human Rights Watch and International Crisis Group rejected the LLRC report and are still insisting for an III.  Sri Lanka’s past is a good lesson learnt that none of the Sri Lanka’s commissions delivered justice for victims. Considering the fact and the reality, genuine reconciliation is possible, after producing justice for the war victims. It is feasible only through III and committed and collective efforts by the international community.
Flaws of Silva’s report
The Silva report has failed in several ways. Firstly, there is no credible information about war crimes and human rights abuses committed by the SLAF. It also built based on denials and fabricated information.
Foremost, Silva’s report failed to counter impunity, and did not attend to individual and collective accountability. Also, the report failed to address the real needs of the victims. In addition, the way the report was written leads to the conclusion that some important heartbreaking testimonies or serious incidents were purposely avoided from appearing in the report itself. For example:
  • What is the fate of Rev. Fa. Francis Joseph, who initiated the surrender of most LTTE political officers during the final days of war?
  • What about Rev.Fa. Jim Brown, who was providing humanitarian assistance to the Tamil civilians in August 2006 mid of intense fighting. According to a witness, the Sri Lankan Navy threatened him prior to his disappearance.
  • The murder of Rev. Fr. M X Karunaratnam, who was a human rights defender and the Chairperson of the NorthEast Secretariat on Human Rights (NESoHR)[3] was also ignored.
  • Particularly, two shocking attacks on school children were ignored in the report, as well. The first one, a massacre of fifty-three students (all school girls) along with their three teachers on the 14th of August, 2006 while the other attack was on the 29th of January, 2008, where a bus carrying mainly school children and teachers came under a claymore attack near the Madhu church complex in the Mannar district (Northern part of Sri Lanka). Twenty people in the bus were killed and a further twenty-one were injured, seventeen of them seriously injured. Among those killed were thirteen school children and a school principal. All of the thirteen students who died were between the ages of 10 and 16.[4]
  • The report included the information that the Ceasefire Agreement (CFA) was unilaterally declared by the Liberation Tigers of Tamil Eelam [LTTE] on Christmas Eve, 2001; however, nothing mentioned about the murder of the Tamil National Alliance [TNA] parliamentarian Joseph Pararajasingham, who was assassinated inside a Church during on Christmas Eve 2005.
  • Besides, in his submission to the Lessons Learnt and Reconciliation Commission, the Bishop of the Mannar Catholic Diocese, Rt. Rev. Dr. Rayappu Joseph, pointed out that over 146,679 people in the Vanni are not accounted for in post-war Sri Lanka. Nevertheless, the report mentions a considerable number of his remarks while completely wiping out the numbers relating to the  unaccounted.
  • More importantly, an official from the Pooneryn Agriculture Development Authority went on to note in front of Silva’s commission in Kilinochchi and said, “the Army used cluster bombs and phosphorus bombs against innocent civilians. There were many casualties on account of this. Around 400-600 died daily, and around 1,000 were injured[5], but this testimony was also not mentioned in the report.
Above are some of the crucial events since the CFA was signed that cannot be avoided or ignored under any circumstances.
If the aim of the commission is to genuinely deal with lessons learnt and promote reconciliation, it has to be independent, transparent and accountable.  However, what the Rajapakse regime wants is to place blame, in every instance, on the LTTE, which they have done through Silva’s report as well. But, “if Sri Lanka wants true reconciliation, simply blaming the Tigers is not enough. The government, and the country, must take responsibility for the dead, mend the lives of the survivors — whatever their ethnicity — and stop the vicious cycle of ethnic strife by arriving at a political solution that meets, if not all aspirations, most of them. Until then, the end of the war will not bring true peace.”[6]
Basically, in Sri Lanka’s cabinet minister’s word, a main intention of the report is: “really we do not want the LLRC report. The LLRC report was a requirement of local and international forces who are disenchanted over the military victory achieved by the Government against terrorism and to successfully defeat international pressure exerted on Sri Lanka over alleged war crimes.”[7] Considering the “war lord’s” intention, how can any dignified human being believe that the Silva report or any other so-called “home-grown” mechanism can deliver justice to the war victims?
Role of International Community and the Future of the “Tear Drop”
Indian Faction
India and the island nation of Sri Lanka have a longstanding and unique relationship, particularly with Tamils. There is no need to repeat the ties between India and the Tamils in Sri Lanka. Still, a considerable section of Tamils in Sri Lanka and the Tamil Diaspora believe in and want India’s positive intervention for Tamils in Sri Lanka. However, disappointment continues among most Tamils, as India welcomed  the so-called Lessons Learnt and Reconciliation Commission [LLRC] report, which was published only in the middle of December. At the same time, India has yet to openly acknowledge the report of the United Nations Secretary General’s Panel of Experts on Accountability in Sri Lanka. “New Delhi hesitates to push the Rajapaksa administration on governance issues and has resisted endorsing an international investigation into the atrocities committed during the last months of Sri Lanka’s civil war, in which as many as 40,000 civilians were killed. India’s longstanding interest in a peaceful and politically stable Sri Lanka is best served by strong messages to Colombo to end impunity and reverse the democratic decay that undermines the rights of all Sri Lankans”[8]. India’s constructive action vis-à-vis Sri Lanka will not only help to seek justice and sustainable political solution to the Tamils in Sri Lanka, but is safe for its national interest, particularly from the national security point of view. Also, it can be a precedent for India taking an adequate role as a global player. In contrast, there are more possibilities in the long-term that suggest that a lack of India’s appropriate action affect its own national interest and India may lose its remaining influence over Sri Lanka and gain more frustrations from the Tamils not only in Sri Lanka, but remarkably from Tamil Nadu, within India itself.
Chinese Faction
China as a leading player in geopolitics should support those international actors concerned with protecting and promoting human rights and justice in Sri Lanka. China should not be an obstacle to seeking justice for war victims. While extending its economic interventions in Sri Lanka, China should not oppose a human rights-based intervention in Sri Lanka, which China itself calls as an intervention on one countries internal matters. Ethno-political conflict in Sri Lanka is not any more an internal matter. It became an international issue long ago. China should support or, at the very least, not oppose bringing any resolution to the UN Human Rights Council or UN Security Council, which is connected to accountability in Sri Lanka.
Role of the West
It was both tragic and unfortunate that Western countries could not stop the slaughter of Tamil civilians at-least during the final stage of the bloody war. Western countries were waiting for the publication of Silva’s report. Now, the report is published, but it is clear that the report has not met international standards. Also, the outcomes of the report raises serious questions about its credibility. According to Human Rights Watch, the report “disregards the worst abuses by government forces, rehashes longstanding recommendations, and fails to advance accountability for victims of Sri Lanka’s civil armed conflict.”[9] Western countries have to take all needed and helpful measures to establish an independent, international investigation into the violation of international humanitarian law and human rights law. Also, they have to send independent fact-finding missions to get the full picture regarding the past abuses and ongoing land grabbing, systematic demographic change and militarization in the Tamil homeland, which is the worst part of “post-war” Sri Lanka.  Therefore, as responsible global players who promote liberty and democracy, the West has to act constructively and swiftly in order to create a lasting peace in the island nation rather than waiting further. Especially, as the US concerns itself to strengthening its presence in the Asia-Pacific region, they have to take bold and genuine efforts to ensure that justice will be delivered to the war’s victims without any delay.

[1] Kai Ambos, Judith Large and  Marieke Wierda, eds, Building a Future on Peace and Justice: Studies on Transitional Justice, Peace and Development (Berlin: Springer, 2009), 3.

 
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