By Garvin Karunaratne Ph.D.
It is sad that the UNHRC has now forgotten why such a council was
ever established. This is clear when the Commissioner of UNHRC
has called upon member States to refer
the situation in Sri Lanka to the International Criminal Court(ICC) and ‘actively pursue extra territorial or universal
jurisdictionand persecute international crimes committed by all parties in Sri
Lanka’(Sunday Times.sl:31/1/2021)
It is important to note that this directive from the Commissioner of the Human Rights Council appears in the form of an inquisition, even aimed at
inciting member States to act against Sri Lanka.
It has to be noted that the aim of the UNHRC is to promote and
protect Human Rights around the world. ” and
berating a sovereign country and trying to get other countries to take action
against another sovereign country, is totally beyond the aims of UNHRC.
Looking
at infringements of Human Rights happening around the world in clear daylight
like what is happening in Israel, grabbing the land that belonged to the
Palestinians and at several other places in the world, it is evident that the
UNHRC is somehow inactive and helpless to take any action. It
looks as if the UNHRC has bowed down to the might of the Superpowers and now
has taken in charge the task of punishing a powerless sovereign country, that
too perhaps in order to appease certain Superpowers!
In the case of Sri Lanka the UNHRC is
accepting fabricated evidence.
Who is fabricating evidence? It has been
proved that some of the footage seen
in a widely shared video were shot in other countries involving incidents unrelated to
Sri Lanka’s armed conflict”(UNHRC Twitter Video contains footage
shot in other countries by Imesh Ranasinghe in Economy Next 2/2 /2021.
What of the Jamal Kashoorgy murder in the Saudi Arabian Embassy in Turkey, ordered by the
Crown Price of Saudi Arabia where Kashoorgy was killed, dismembered limb by
limb. Where is the Human Rights Council on this grave infringement of human
rights, totally proved to the hilt. Why is Michelle Bachelet silent on this
grave injustice?
The UNHRC stands ashamed.
There is absolutely no firm evidence
whatsoever of any military officer torturing or killing anyone captured or
otherwise. If evidence such as a person has seen, has
heard, has been told, I know, and a number of persons corroborating” is accepted as firm evidence there will be no end
to instances because the leaders of the armed forces who took
action to restore the sovereignty of Sri Lanka are well
known and easily identifiable which also invalidates any identifying parade. If this type of mere
statement :”I have seen, I
knew etc ” is accepted as evidence even civilian administration will become impossible. When
implementing any programme, those who do
not fall in line have to be reprimanded and corrected. I have served long as an
administrator and I can state that if action is
taken against any administrator without firm
evidence, administration will grind to a halt. Firm Administration
creates enemies and the enemies do resort to create evidence. In all cases it is
absolutely necessary that there has to be firm evidence, to hang anyone and in all cases that have
cropped up against military personnel, there is no firm evidence which prove
beyond doubt.
What has Sri Lanka actually done to deserve such an inquisition
It has to be mentioned that Sri Lanka has acted in good faith
right along, despite facing political upheavals. When a
country is democratic and holds elections regularly
political upheavals are only to be expected. United Nations bodies should recognize this
fact. ,
The Sri Lankan Foreign
Minister Dinesh Gunawardena has
explained re Resolution 30/1 of 2015, that the
commitments of the Resolution bound the country to carry out an experiment
which was impractical, unconstitutional and undeliverable”. .(Adaderana:
26/2/2021)
The President of Sri Lanka, elected in
2019 has rightly commented on following the stipulations in the Resolution:
It is not possible for the Government to act against its own
country.”
He is right because certain stipulations in the Resolution cannot
be implemented as they are contradictory to the Constitution of the country.
Dr Laksiri Fernando has voiced himself stating that the High
Commissioner Report is more of a political report than a human rights
one”.(The Island: 8/2/2021).
Perhaps the Commissioner UNHRC has to be made aware of certain facts
The LTTE was accepted internationally
as the most ruthless terrorist organization.in the world.
The LTTE used child soldiers, suicide bombers
The LTTE carried out attacks on civilian targets in entire Sri
Lanka, killing innocent people, including the Prime Minister of Sri Lanka,
Ranasinghe Premadasa, the Prime Minister of India, Rajiv Gandhi. and their own
revered leaders like the Mayor of Jaffna. The LTTE killed thousands
of innocent people including monks and even over 600 police personnel who were
instructed by the Government to surrender to the LTTE, whom the LTTE agreed at
a Peace talk to hand them over to the Government at the border, but instead
they were all marched to death.
When the LTTE controlled certain sections of the North of Sri
Lanka, the Government of Sri Lanka, sent food and essential supplies to its own civilian citizens held captive in the
areas they controlled. This took the form of convoys of
lorries, dispatched every few days.. The LTTE is
said to have sold the goodies to the people, despite the fact that these were
sent totally free. At times the lorries sent with the goodies were
requisitioned by the LTTE and the drivers never returned. One such driver was
Lionel Gunatileke, a driver recruited by me when I worked as the Senior
Assistant Commissioner of Agrarian Services. He went driving one lorry, in a
convoy of lorries sent to the LTTE areas, carrying a load of rice never to
return. This was not a stray case. Many drivers never returned
The LTTE when it controlled the Northern Province and certain
sections of the Eastern Province did not respond to overtures of
peace by the Prime Minister of Sri Lanka and stayed defiant. The LTTE decided
not to allow farmers water to commence cultivation on their traditional land.
They captured the Mavil Aru Dam and Canal and decided not to allow water to the
cultivators. This was when Prime Minister Mahinda Rajapaksa ordered the Army
to capture the Mavil Aru canal and
deliver water to farmers.
When the LTTE cadres were defeated they
retreated carrying with them Tamil civilians whom they used as a human shield,
to avoid being attacked. When the LTTE was finally defeated there was a mass of
over 300,000 civilians who formed the human shield the LTTE had forcibly taken.
The Army was instructed to save this mass of 300,000. civilians from the LTTE
cadres. This was very skillfully done whilst the LTTE was firing. The Sri
Lankan Army accomplished this task the likes of which has never happened
earlier in any country. When the LTTE
was defeated, this mass of 300,000 were homeless, had no food and had to be
housed, taken care of, and their homes had to be found, the areas demined,
homes that were in ruins rebuild and settled down. It is to the
credit of the Sri Lankan Government that this 300,000 mass of civilians were
housed, fed, cared for, their homes rebuilt and settled down within around
three months. This task was accomplished by Prime
Minister Mahinda Rajapaksa. Minister
Basil Rajapaksa who was in charge of
this humanitarian task and the military officers working with them during this three months had to work long
hours. This task has never been equalled in any other country in the world and
the UNHRC of all organizations should recognize this fact. After the 300,000
homeless people were settled down the Government of Sri Lanka looked into the
economy and developed the infrastructure of roads etc in the North and the
East, ignoring the rest of the country. This humanitarian task
accomplished should be recognized by the UNHRC.
Comparatively in
Palestine refugees thrown out of their homes and habitat by the Israelis are
living in makeshift camps for decades,. It was interesting to note that homeless Palestinians living as refugees in the West Bank yet cherish the deeds of their lands and homes occupied by force by the
Israelis. That was yet their treasured possession.
Meanwhile in April 2019 Israel’s Prime Minister Benjamin Nethanhau
openly called for the annexation of West Bank and repeated it again in
September 2019. It is sad that the UNHRC is silent- gagged and bound.
A UN Security Council Resolution adopted stated that Israel’s settlement activity constitutes a ‘flagrant violation’ of international law and has no
legal validity and demanded that Israel should
stop. However the UNHRC is silent, but in the case of Sri lanka the UNHRC is
belligerant.
Sri Lanka has rehabilitated 594 child soldiers. Instead of being
gunned down, the child soldiers were captured, cared for, and rehabilitated and
sent back to their homes as normal citizens. This is in sharp contrast to what
the US Army did when they captured leaders of the enemy in Iraq and
Afghanistan. They were bound, inhumanly gagged and flown to the military prison
at Guantanamo Bay.. The UNHRC should note that the military prison at
Guantanamo Bay yet holds prisoners, incarcerated under inhuman
conditions. The UNHRC is silent and has been made dormant.
It is time the UNHRC comes to play a true humanitarian role and
understands that the LTTE insurrection was belligerent and that the Sri Lankan
military personnel were performing an
essentially humanitarian task to save
the territorial integrity and sovereignty of Sri Lanka from the rebel forces.
The fact remains that today as well as earlier before the LTTE
insurrection as well as during the insurrection over fifty percent of the Tamil
population of Sri Lanka lived outside the North and the East amongst the
Sinhala people as friends in total harmony and have been helped when necessary.
I have for long served in charge of a District and of
the Chief Clerks that served under me the best happened to be Rajasingham, a
Tamil gentleman. The entire staff was Sinhala taking instructions from him.
There has been always amity among the different ethnic people. That was a
District in the South of Sri Lanka and Rajasingham was loved by the staff. and
the people. There is absolutely no ethnic problem in Sri Lanka. This over fifty percent of the Tamils that
live among the Sinhala people in total amity proves my point beyond doubt.
The Armed Forces were involved in the humanitarian task of saving
the civilian population from the massacres
done by the LTTE and it is a fact that in the LTTE controlled areas the
LTTE held the Tamil people at gun point, extorting money and taking away their
children by force to be trained as cadres and as child soldiers. After the LTTE
was defeated the Tamil people live freely. It is the Army that provides blood
to the bloodbanks of the hospitals in Jaffna and other towns in the North. It
is a fact that the Sinhala people and the Muslims who were living happily in
the Jaffna area were ordered to leave by the LTTE and they have not yet been
able to go back to their habitats and employment.
The Darrusman Panel claimed
that the Armed Forces killed 40,000 Tamil people. The Darusman Panel has no
basis for this statement whatsoever and
has not adduced any proof . This can be contrasted with the figure of 10,000 by Amnesty
International. A United Nations Study estimated the number killed at 7721 and 18,479 wounded. The USA estimates range from 7000 to 9000
based on reports of US and UK military attaches. There is no basis whatsoever
for the sum of 40,000 killed.
Dr.Rohan Gunaratna said that
the UN’s unsubstantiated and oft-repeated allegation that 40,000 civilians
were killed by the Sri Lankan armed forces in the last phase of the war
continues to be made even twelve years after the war ended in May 2009. The baseless
figure of 40,000 and other charges of war crimes are based on dubious,
anonymous and unidentified sources, and
passed off as credible evidence” to provide a basis for accusing the
Sri Lankan armed forces of committing war crimes” and demanding that its
personnel be dragged before the International Criminal Court (ICC) “he
said. ( Daily Mirror:17/2/2021)
Stephen Rapp, the US
Ambassador for War Crimes and Global Criminal Justice(2009 to 2015) has disclosed
timed for the 2021 UNHRC inquisition,
that our President, Gotabhaya
Rajapaksa had when he was the Defence Secretary, admitted to him that the LTTE
leaders were killed after surrender(The Island:16/2/2021). It is very strange
how Stephen Rapp, a person of international standing- specifically tasked for
looking into Criminal Justice waited all these years without taking any action,
He has waited for years to tell this ‘Once upon a time’ fairy tale. The circumstances of his statement leads one
to conclude that this statement is nothing other than fiction to use his
earlier status as Ambassador to the US to bring some weight to hold Sri Lanka
to ransom. Rapps’ reputation stands totally tarnished due to the role played re
Ruwanda. He stands exposed due to ” his heavy baggage. His own culpability
of covering up Ruwandas 1994 genocide as an attempt to whitewash the US
involvement in that episode”(Gammiris.lk: 16/2/2021)
Human Rights have now come
to be accepted as supreme. The League of Multinational Corporations in Sri
Lanka has insisted that everything needs to be fixed in the context of
international standards in terms of human rights and labour law too”.(EENews:14/2/2021)
What right does the Multinationals have to interfere with a sovereign country?
The Armed Forces were instructed to defeat
the LTTE which occupied certain sections of the North and East and to save the
civilian population of the area. The Armed forces did accomplish that task and
there is no evidence whatsoever that the Army killed civilians in the process.
It is to the credit of the Armed Forces that the human shield of Tamil
civilians were rehoused and re established in their habitat within the short
space of a few months. It is sad that the UNHRC is acting against officers of
the Armed Forces, who should actually be held in high esteem for the
humanitarian task they did perform. It has to be noted that 23,790 soldiers
were killed in quelling the LTTE insurrection. The author has lived in the UK
and the USA where members of the Armed Forces are held in high
regard.
Michelle Bachelet, the Commissioner of the UNHRC should note that her
discriminative action could lead to destroy the amity that prevails today among
ethnic groups in Sri Lanka. That will be an unfortunate experience all due to the UNHRC.
Garvin Karunaratne
Ph D. Michigan State University
International Consultant, former SLAS Administrator,
Author of the Youth Self Employment
Programme of Bangladesh, which is today the premier employment creation
programme the World has known, a Programme
that has so far guided over three million to be self employed.