{"id":114665,"date":"2021-05-28T14:44:31","date_gmt":"2021-05-28T21:44:31","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=114665"},"modified":"2021-05-28T14:44:31","modified_gmt":"2021-05-28T21:44:31","slug":"erasing-the-eelam-victory-part-19a","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/05\/28\/erasing-the-eelam-victory-part-19a\/","title":{"rendered":"ERASING THE EELAM VICTORY   Part 19A"},"content":{"rendered":"<h2><span style=\"color: #0000ff;\"><em>KAMALIKA PIERIS<\/em><\/span><\/h2>\n\n\n<p>The government of Sri Lanka\nsoundly defeated the LTTE on May 18. 2009. &nbsp;Eelam War IV ended in victory for the government of\nSri Lanka. LTTE accepted defeat and formally surrendered to the army. <a href=\"#_ftn1\">[1]<\/a> It\nwas a decisive victory &nbsp;&nbsp;&nbsp;and a hard fought one.&nbsp; &nbsp;<\/p>\n\n\n\n<p>This victory is Sri Lanka finest\npost-independence achievement, said analysts.&nbsp;\nA secessionist movement was defeated after a protracted war of 30 years.\nIt stands in stark contrast to the conflicts fought by well-funded Western\nforces in Iraq and Afghanistan over the last decade. This victory is\ntherefore unique in this\ncentury. <\/p>\n\n\n\n<p>It was my\nsingular privilege, said Mahinda Rajapaksa to have been the Commander in Chief\nof the Sri Lankan armed forces at the time of its greatest achievement in\ndefeating LTTE terrorism. This is an achievement that will lie to the credit of\nthe Sri Lankan armed forces not only locally but internationally as well, for\ndecades to come. <\/p>\n\n\n\n<p>Until we\nactually defeated them, very few people thought that was possible.&nbsp; Foreign representatives who met me at that\ntime, told me not to try to do the impossible. The lesson that we all have to\nlearn from this is that nothing is impossible if you have confidence in\nyourself and are willing to take risks.<\/p>\n\n\n\n<p>In the first three Eelam wars, Sri Lanka succumbed to international\npressure&nbsp;&nbsp; and the military offensive\nwas stopped when the army was about to win. The first instance was Vadamarachchi\nin 1987 when JR Jayewardene was President. &nbsp;&nbsp;But\nMahinda Rajapaksa refused to do this in 2009. President Rajapakse firmly stated that he was not going\nto stop the war. <\/p>\n\n\n\n<p>They were\ngoing to fight to the finish. &nbsp;Nothing short of unconditional surrender could\nsave the LTTE.&nbsp; The UN was not needed.\nLTTE could contact the President through the International Committee of the Red\nCross (ICRC) if it wished. CA Chandraprema observed later, that\nin Sri Lanka every battle whether it is terrorists, the Supreme Court, or\nforeign powers, is fought to the finish. <\/p>\n\n\n\n<p>&nbsp; When\nthey saw that Sri Lanka was winning, western countries, led by the EU made five\nattempts to table a resolution against Sri Lanka at the UN Security Council.\nChina and Russia vetoed this on all five occasions. <\/p>\n\n\n\n<p>However, on\nMay 13. 2009, five days before the war ended, Security Council issued a press\nstatement .The press statement said,the\nmembers of the Security Council express grave concern over the worsening\nhumanitarian crisis in north-east Sri Lanka, in particular the reports of\nhundreds of civilian casualties in recent days, and call for urgent action by\nall parties to ensure the safety of civilians.<\/p>\n\n\n\n<p>The members\nof the Security Council strongly condemn the Liberation Tigers of Tamil Eelam\n(LTTE) for its acts of terrorism over many years, and for its continued use of\ncivilians as human shields, and acknowledge the legitimate right of the\nGovernment of Sri Lanka to combat terrorism. <\/p>\n\n\n\n<p>The members\nof the Security Council demand that the LTTE lay down its arms and allow the\ntens of thousands of civilians still in the conflict zone to leave. The members\nof the Security Council express deep concern at the reports of continued use of\nheavy calibre weapons in areas with high concentrations of civilians, and\nexpect the Government of Sri Lanka to fulfil its commitment in this regard.<\/p>\n\n\n\n<p>The members\nof the Security Council demand that all parties respect their obligations under\ninternational humanitarian law. The members of the Security Council call on the\nGovernment of Sri Lanka to take the further necessary steps to facilitate the\nevacuation of the trapped civilians and the urgent delivery of humanitarian\nassistance to them.<\/p>\n\n\n\n<p>The members\nof the Security Council take note of the steps taken by the Government of Sri\nLanka to address the humanitarian situation of displaced persons and call on\nthe Government of Sri Lanka to ensure the security of those displaced by the\nconflict and to cooperate with the United Nations, the International Committee\nof the Red Cross (ICRC), and other international humanitarian organizations in\nproviding humanitarian relief and access to them as soon as they leave the\nconflict zone.<\/p>\n\n\n\n<p>The members\nof the Security Council reiterate support for the personal involvement of the\nUN Secretary General and urge the Government of Sri Lanka to extend full\ncooperation to the United Nations in order to resolve the humanitarian crisis.<\/p>\n\n\n\n<p>The members\nof the Security Council, mindful of the necessity to find a long-term solution\nwithout the threat of violence, underline that the needs of all communities in\nSri Lanka have to be addressed. (End of statement. )<\/p>\n\n\n\n<p>Supported by this statement, UN Secretary\nGeneral Ban Ki Moon arrived in Sri Lanka on 23<sup>rd<\/sup> May 2009. &nbsp;He spoke with the President and senior\nofficials. He also \u2018consulted other relevant stakeholders, members of\ninternational humanitarian agencies and civil society.&nbsp; The\nSecretary-General visited the internally displaced persons (IDP) sites at\nVavuniya and overflew the conflict area, near Mullaitivu that was the scene of\nthe conflict.\u2019 <\/p>\n\n\n\n<p>&nbsp;President\nMahinda Rajapaksa and Secretary General Ban Ki Moon then issued a joint\nstatement. Rajiva Wijesinha said later that he had thought the joint statement might\nbe used against Sri Lanka, specially the clause to address international\nconcerns. Mahinda Rajapaksa had been warned but had signed anyway, thinking it\nan innocuous reference, said Rajiva. <\/p>\n\n\n\n<p>Foreign\nMinister Dinesh Gunawardena in Parliament in 2020 stated firmly that this statement\nwas only a joint statement, not an agreement .No agreement had been signed by\nPresident and UN Secretary General. They had issued a joint statement which was\nnow being dubbed as an agreement.<\/p>\n\n\n\n<p>This\njoint statement&nbsp;&nbsp; did not make any reference\nto the praiseworthy victory of the government of Sri Lanka. Sri Lanka was not\ncongratulated on it. Instead, the statement spoke, inter alia, of violations of\ninternational humanitarian and human rights law.&nbsp;<\/p>\n\n\n\n<p>Following is the\njoint statement by the Government of Sri Lanka and the United Nations at the\nconclusion of UN Secretary-General Ban Ki-moon\u2019s visit to Sri Lanka on 23 May\n2009:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>At\nthe invitation of Mahinda Rajapaksa, President of Sri Lanka, the\nSecretary-General of the United Nations, Ban Ki-moon, paid a visit to Sri\nLanka. &nbsp;During the course of his visit, he held talks with the President,\nForeign Minister as well as other senior leaders of Sri Lanka. &nbsp;During his\nstay, he also consulted other relevant stakeholders, members of international\nhumanitarian agencies and civil society.&nbsp; The Secretary-General visited\nthe internally displaced persons (IDP) sites at Vavuniya and overflew the\nconflict area, near Mullaitivu that was the scene of the conflict. <\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>President\nRajapaksa and Secretary-General Ban Ki-moon agreed that following the end of\noperations against the Liberation Tigers of Tamil Eelam (LTTE), Sri Lanka had\nentered a new post-conflict beginning. &nbsp;In this context, the Government of\nSri Lanka faced many immediate and long-term challenges relating to issues of\nrelief, rehabilitation, resettlement and reconciliation. &nbsp;While addressing\nthese critical issues, it was agreed that the new situation offered\nopportunities for long-term development of the north and for re-establishing\ndemocratic institutions and electoral politics after 2 \u00bd decades.&nbsp; The\nGovernment expressed its commitment to ensure the economic and political\nempowerment of the people of the north through its programmes.&nbsp;&nbsp; <\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>The\nSecretary-General welcomed the announcement by the Government expressing its\nintention to dismantle the welfare villages at the earliest, as outlined in the\nPlan to resettle the bulk of IDPs and call for its early\nimplementation.&nbsp;&nbsp; <\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>President\nRajapaksa informed the Secretary-General regarding ongoing initiatives relating\nto rehabilitation and reintegration of ex-combatants.&nbsp; In addition to the\nongoing work by the Office of the Commissioner General for Rehabilitation, a\nNational Framework for the Integration of Ex-combatants into Civilian Life is\nunder preparation, with the assistance of the United Nations and other\ninternational organizations.&nbsp;&nbsp; <\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li>Sri\nLanka reiterated its strongest commitment to the promotion and protection of\nhuman rights, in keeping with international human rights standards and Sri\nLanka\u2019s international obligations.&nbsp; The Secretary-General underlined the\nimportance of an accountability process for addressing violations of\ninternational humanitarian and human rights law.&nbsp; The Government will take\nmeasures to address those grievances.<\/li><\/ul>\n\n\n\n<p>Then in June,\n2010 Ban Ki Moon appointed a three-member Panel of Experts to advise&nbsp; him on the issue of <a href=\"https:\/\/en.wikipedia.org\/wiki\/Accountability\">accountability<\/a> with regard\nto any <a href=\"https:\/\/en.wikipedia.org\/wiki\/Alleged_war_crimes_during_the_Sri_Lankan_Civil_War\">alleged\nviolations<\/a> of <a href=\"https:\/\/en.wikipedia.org\/wiki\/International_human_rights_law\">international\nhuman rights<\/a> and <a href=\"https:\/\/en.wikipedia.org\/wiki\/International_humanitarian_law\">humanitarian law<\/a> during the\nfinal stages of the <a href=\"https:\/\/en.wikipedia.org\/wiki\/Sri_Lankan_Civil_War\">Sri Lankan Civil War<\/a>.\nThe&nbsp;&nbsp; Panel would report directly to Secretary General.<\/p>\n\n\n\n<p>The panel\ncomprised of Marzuki Darusman, a former Attorney General of Indonesia, Yasmin\nSooka, a high court judge from South Africa and Steven R. Ratner an American\nProfessor of Law. The Sri Lankan government reacted angrily this panel, calling\nit an unwarranted and unnecessary interference with a sovereign nation\u201d. The\nPanel was not allowed to enter Sri Lanka. Sri Lanka government refused to allow\nthem into the country and refused to talk to them.<\/p>\n\n\n\n<p>Their Report ,&nbsp;\nknown formally as the Report of the Secretary-General\u2019s Panel of Experts\non Accountability in Sri Lanka\u201d is&nbsp;\npopularly known as \u2018Darusman report\u2019 or \u2018PoE report. This report should\nhave been confidential but it was published\nin 2011. <\/p>\n\n\n\n<p>Sri Lanka rejected the Report. The Government of Sri Lanka said it does not\nconsider the Darusman Report as a UN document, as it has not been mandated by\nthe UN. The document is the product of a personal initiative taken by the\nSecretary-General.&nbsp; However, the Report\nwas eagerly picked up by the UN Office for Human Rights,\nits High Commissioner and by those NGOs set up to support Tamil Separatist\nMovement .They ran to the UNHCR with it.<\/p>\n\n\n\n<p>The Secretary\nGeneral presented the report to Security Council, though the report did not\nhave a Security Council mandate. &nbsp;It was\nnot welcomed by China and Russia. Russia\nobjected, saying that it was not a UN report. It was not done in\naccordance with the regulations and the procedures of the UN.&nbsp; The report was a private one for the\nSecretary General <\/p>\n\n\n\n<p>The Russian ambassador\nto Sri Lanka told the media (Sunday Times) in May 2011 that Russia had oppose\nthe project from the start.&nbsp; When the panel\nwas appointed Russia had issued a statement saying that \u2018the UN Secretary\nGeneral as Chief Administrative officer of the UN should have asked the opinion\nof the Security Council or the General Assembly before embarking on this\nproject.\u201d<\/p>\n\n\n\n<p>From the very\nbeginning we were skeptical of the panel, the Ambassador said. We were assured\nby the Secretary General and his staff that this was not a fact finding\nmission, &nbsp;&nbsp;the task was not to investigate but only to\nadvise the Secretary General. But what we saw later was very different.<\/p>\n\n\n\n<p>Russia also\nopposed the publication of the report and heavily criticized its content. To\ndescribe the last stages of the war as a \u2018tragedy \u2018cannot be accepted. For whom\nwas it a tragedy? The end of the war should be welcomed by the international\ncommunity. To describe the LTTE as a highly disciplined nationalist group of\nTamils and not a terrorist group is unacceptable, <\/p>\n\n\n\n<p>Allegations are\nmade against the government of Sri Lanka. The allegations are not proved. The Report\nsays the conclusions were made based on the evidence of individuals and groups\nthat were considered \u2018reliable\u2019 by the panel itself which means they were\nchoosing who was reliable and who was not. <\/p>\n\n\n\n<p>There are too\nmany questions about the Report. The authors of the report were far from\nobjective. The report cannot be grounds for any further action. Russia will\noppose any such attempt at the UNSC, concluded the ambassador.<\/p>\n\n\n\n<p>Critics point\nout that the Secretary General cannot intervene in the internal affairs of&nbsp;&nbsp; member countries. Section 7&nbsp; &nbsp;of the\nUN Charter says Nothing contained in the present Charter shall authorize the\nUnited Nations to intervene in matters which are essentially within the\ndomestic jurisdiction of any state or shall require the Members to submit such\nmatters to settlement under the present Charter; but this principle shall not\nprejudice the application of enforcement measures under Chapter Vll.\u201d <\/p>\n\n\n\n<p>It is the Security Council, not Secretary General that\nis granted powers of intervention under Chapter VII.&nbsp; &nbsp;This\nChapter too, supports the right of a country to protect itself. Article 51\nspeaks of the inherent right of self-defense of a member state.<\/p>\n\n\n\n<p>The post of\nSecretary General is not as &nbsp;&nbsp;powerful as\npeople seem to think it is, said analysts. The Secretary General of the UN is\nnot equal in rank to a Head of State. He is subservient to the Heads of state and ambassadors\naccredited to the UN, said Thalif Deen.&nbsp; &nbsp;He is simply the CEO of the UN. <\/p>\n\n\n\n<p>When told that the Secretary General had\nbanned smoking in the UN building, Russia\u2019s foreign minister Lavrov lit a cigarette\nand replied that this building does not belong to the Secretary General it\nbelongs to the member states.&nbsp; The Nigerian\nambassador said the Secretary General is not my boss, I am his boss, reported\nThalif Deen.&nbsp; <\/p>\n\n\n\n<p>Article 100 of the UN\nCharter says&nbsp; in the performance of their\nduties the Secretary-General and the staff shall not seek or receive\ninstructions from any government or from any other authority external to the\nOrganization. But today, it&nbsp; is difficult\nfor the Secretary\nGeneral to follow this. <\/p>\n\n\n\n<p>Instead of keeping the UN as\na&nbsp; skeleton organization servicing the\nneeds of member states and acting as a meeting place for them, the western\npowers have piled more and more tasks on the UN system and then funded these\nactivities, creating a great dependency on &nbsp;them to keep the system going. <\/p>\n\n\n\n<p>The UN&nbsp; now depends on ten to 15 western\ncountries,&nbsp; for&nbsp; funds and these countries have turned this\ndependency to a handle to make the UN further their foreign policies, said\nanalysts. &nbsp;They use&nbsp; their money to make the UN system&nbsp; do as they wish. There\nis at least one document that admits that this distorts the priorities of the\nUN system. <\/p>\n\n\n\n<p>In order to retain their jobs the\nUN officials, starting from the UN Secretary General , have to please these\ndonors. The Secretary\nGeneral plays a subservient role to the big powers, but asserts his authority to\nthe rest of the member states, &nbsp;said\nThalif Deen .<\/p>\n\n\n\n<p>While all member states in the UN\nrank equally &nbsp;in the UN, the money\ncontribution to the UN varies. Some countries pay large amounts. The dominant country in the UN is at present\nthe USA. It is the largest donor to the United Nations,\ncontributing&nbsp; $10 billion in 2018,\nslightly less than one-fifth of the&nbsp;\ntotal budget.<\/p>\n\n\n\n<p>USA &nbsp;does not want a strong independent Secretary-General. Boutros Boutros Ghali, &nbsp;Secretary-General\nfrom 1992 to December 1996 was denied a second term due to a US veto. He\nhad 14 of 15 votes. Ghali wrote a book where he gave an insider\u2019s view of how\nthe UN and it s Secretary-General were manipulated\nby&nbsp; the USA. He said US Secretary of\nState,&nbsp; Madeline Albright&nbsp; demolished Ghali&#8217;s authority in the UN and\ntarnished his image with a smiling face and expressing admiration. ( Continued)<em> <\/em><br><\/p>\n\n\n\n<hr class=\"wp-block-separator\"\/>\n\n\n\n<p><a href=\"#_ftnref1\">[1]<\/a> <a href=\"https:\/\/www.reuters.com\/article\/us-srilanka-war\/sri-lankas-long-war-reaches-climax-tigers-concede-idUSTRE54D1GR20090517\">https:\/\/www.reuters.com\/article\/us-srilanka-war\/sri-lankas-long-war-reaches-climax-tigers-concede-idUSTRE54D1GR20090517<\/a>\nWe have decided to silence our guns,\u201d statement, posted on the www.TamilNet web\nsite.&nbsp; May 17.2009<\/p>\n","protected":false},"excerpt":{"rendered":"<p>KAMALIKA PIERIS The government of Sri Lanka soundly defeated the LTTE on May 18. 2009. &nbsp;Eelam War IV ended in victory for the government of Sri Lanka. LTTE accepted defeat and formally surrendered to the army. [1] It was a decisive victory &nbsp;&nbsp;&nbsp;and a hard fought one.&nbsp; &nbsp; This victory is Sri Lanka finest post-independence [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[104],"tags":[],"class_list":["post-114665","post","type-post","status-publish","format-standard","hentry","category-kamalika-pieris"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/114665","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=114665"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/114665\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=114665"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=114665"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=114665"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}