{"id":119414,"date":"2021-10-20T16:26:14","date_gmt":"2021-10-20T23:26:14","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=119414"},"modified":"2021-10-20T16:26:14","modified_gmt":"2021-10-20T23:26:14","slug":"erasing-the-eelam-victory-part-19d","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/10\/20\/erasing-the-eelam-victory-part-19d\/","title":{"rendered":"ERASING THE EELAM VICTORY Part 19D"},"content":{"rendered":"

KAMALIKA PIERIS<\/em><\/span><\/h2>\n\n\n

The government of Sri Lanka    \ndefeated the LTTE and declared victory on 19. May 2009.  The military victory in the final war was total,\nsaid analysts. However, Sri Lanka did not follow through after the victory. The\ngovernment did not declare the Eelam war as a civil war and it did not take\nsteps to bring the north and east firmly into the mainstream. Instead it\nbacktracked.<\/p>\n\n\n\n

Mahinda Rajapaksa,  \nPresident of Sri Lanka made three mistakes, one after the other, soon\nafter winning the war. Firstly he allowed Ban Ki-Moon, UN\nSecretary-General   to come into Sri Lanka to inspect the Eelam\nvictory. Ban Ki Moon had no business coming here and inspecting the Eelam war. He\ndid not have the authority to do so. The UN Secretary-General cannot interfere\nin internal matters of member states.<\/p>\n\n\n\n

The UN Charter describes the\nSecretary-General as chief administrative officer of the Organization, who\nshall act in that capacity and perform such other functions as are entrusted to\nthem by the Security Council, General Assembly, Economic and Social Council and\nother United Nations organs. The Charter also empowers the Secretary-General to\nbring to the attention of the Security Council any matter which in his opinion\nmay threaten the maintenance of international peace and security. <\/p>\n\n\n\n

That is not all.  Article 100 of the UN Charter    says that\nin the performance of their duties the Secretary-General shall not seek or\nreceive instructions from any government or from any other authority external\nto the Organization. They shall refrain from any action which might reflect on\ntheir position as international officials responsible only to the Organization.<\/p>\n\n\n\n

Ban Ki-moon, ignored all this and came to Sri Lanka to inspect the\nEelam victory. He had come, it appears, at the invitation of the President. He arrived\nin Sri Lanka on 23 May: Critics said he came for the sole purpose of holding\nSri Lanka accountable for the military strategies used during the final phase\nof the armed conflict,  to kick start the\n\u2018war crimes\u2019 charge.  <\/p>\n\n\n\n

He held talks with the President, Foreign Minister as well as\nother senior leaders of Sri Lanka.  He also consulted \u2018other relevant\nstakeholders\u2019, members of international humanitarian agencies and civil\nsociety.  He visited the internally displaced persons (IDP) sites at\nVavuniya and flew over the site of the final conflict at Mullaitivu. <\/p>\n\n\n\n

A joint statement was issued by the\nGovernment of Sri Lanka and the United Nations at the conclusion of the visit.\nThis is a very peculiar joint statement. It did not affirm the unity of Sri Lanka\nand the end of a secessionist  action. Instead,\nit supported Tamil separatism and even used Tamil separatist jargon. <\/p>\n\n\n\n

The statement said that Sri Lanka had entered a new post-conflict\nbeginning. This \u2018new situation\u2019 should be used for the long-term development of\nthe north. The government must ensure relief, rehabilitation, resettlement and\nreconciliation in the north. <\/p>\n\n\n\n

Also the government must now start addressing the aspirations and\ngrievances of all communities and working towards a lasting political solution.\nThe government must begin a broader dialogue with all parties, including the\nTamil parties in these \u2018new circumstances \u2018. There must be a national solution\nacceptable to all sections of people, concluded the statement.<\/p>\n\n\n\n

The second mistake made by  \nPresident Mahinda Rajapaksa , was to set up a  commission to inquire into the  Eelam victory. This implied that the\ngovernment was at fault in fighting Eelam. Mahinda Rajapaksa   set up in May 2010,  a commission called  Commission of Inquiry on Lessons Learnt and\nReconciliation.   <\/p>\n\n\n\n

The terms of inquiry  of\nthis LLRC  were also very  peculiar.  They were slanted towards  Tamil separatism. They  actually   recognized the illegal Ceasefire Agreement,\nwhich  had created an unofficial Eelam .\nThe Commission was asked to see what went wrong after that. The Commission was\nalso asked to see how  a repeat\nperformance of war could be avoided.<\/p>\n\n\n\n

The terms of reference further   indicated that the government was prepared to\nmake restitution to those affected by the war. Reconciliation was also included.\n The terms of reference  are given below.<\/p>\n\n\n\n

The Commission was asked   “To inquire and report on the following\nmatters that may have taken place during the period between 21 February 2002\nand 19 May 2009, namely: <\/p>\n\n\n\n