Friday, January 21, 2011 - 6:37 PM
Sri Lanka has cut off direct talks with a U.N. panel set up in June to promote accountability for war crimes during the final stages of the country's bloody 2009 offensive against Tamil separatists, U.N. officials told Turtle Bay.
The panel had been planning a trip to Colombo to question senior officials responsible for addressing massive rights violations during the conflict, but that visit is now unlikely.
Sri Lanka's deputy U.N. ambassador, Maj. Gen. Shavendra Silva, who commanded troops during the war, wrote to the office of U.N. Secretary-General Ban Ki-moon this month to say that going forward his government would only hold talks with Ban's advisors, not with the panel investigating war crimes. U.N. officials say they fear Sri Lanka's action, which comes one month after Sri Lanka's U.N. ambassador, Palitha Kohona, invited the panel to Colombo, may be calculated to run down the clock on talks on a visit until the panel's mandate expires at the end of February.
The dispute centers on the terms under which the visit would take place. Sri Lanka has agreed to a visit by the U.N. panel on the condition that its activities be limited to testifying before the Sri Lanka Lessons Learnt and Reconciliation Commission, which was set up by President Mahinda Rajapaksa last year to address the conflict and promote reconciliation between the country's ruling Sinhalese and minority Tamils. The panel has demanded broader freedom to talk to a range of Sri Lankan officials.
President Rajapaksa agreed to invite the panel to Sri Lanka during a meeting with Ban in New York along the sidelines of the U.N. General Assembly debate last September, Sri Lanka's U.N. envoy, Palitha Kohona, told Turtle Bay. "The understanding at that point was the panel will come to Sri Lanka and make representations to the Lessons Learnt and Reconciliation Commission," he said. Kohona claimed the panel has sought to unilaterally "expand the scope of that understanding." U.N. officials have privately challenged Kohona's account of Ban's agreement with Rajapaksa, saying Ban did not agree to limiting the scope of the panel's activities in Sri Lanka.
The Sri Lankan army mounted a brutal military offensive in 2009 against the country's rebel Tamil Tigers, decisively defeating the 33-year-old separatist insurgency that pioneered the use of suicide bombers and assassinated a Sri Lankan president, Ranasinghe Premadasa, in 1993 and former Indian Prime Minister Rajiv Gandhi in 1991.
In their last stand, the separatist Tamil Tigers embedded themselves in a displaced community of hundreds of thousands of ethnic Tamil civilians, forcing them to serve as human shields. The Sri Lankan military, meanwhile, fired indiscriminately into crowds of civilians, killing as many as 30,000.
Human rights groups fear that Sri Lanka's successful, though highly brutal, military campaign will become a model for other governments seeking to crush insurgencies. They have pressed Ban to ensure that Sri Lankan war criminals are held accountable.
Ban exacted a pledge from Rajapaksa in May 2009 to ensure that war criminals on both sides of the conflict be held accountable. The government has since set up the Lessons Learnt Commission to promote reconciliation between the Tamils and Sinhalese, but the commission has been criticized by human rights groups and foreign dignitaries as inadequate.
Frustrated with the lack of progress, Ban established a three-member panel in June to advise him on how to ensure rights violators are held accountable for possible war crimes. In a statement, Ban said the panel hoped to cooperate with Sri Lankan officials in Sri Lanka.
The panel is chaired by Marzuki Darusman of Indonesia, Yasmin Sooka of South Africa, and Steven Ratner of the United States. It has a mandate to examine "the modalities, applicable international standards and comparative experience with regard to accountability processes, taking into account the nature and scope of any alleged violations in Sri Lanka." It is also supposed to advise Sri Lanka on ensuring Sri Lankan war criminals are held accountable.
Sri Lanka initially accused Ban of exceeding his authority and refused to provide the panel members with visas to enter the country. Sri Lankan authorities are concerned that the panel, which will produce a report with recommendations, may call for the establishment of a commission of inquiry, a frequent first step before an international prosecution.
In July, Sri Lanka's minister for housing and construction, Wimal Weerawansa, led a group of pro-government protesters that ringed the U.N.'s Colombo headquarters, harassing U.N. employees, preventing staffers from entering and exiting the U.N. compound, and burning U.N. Secretary-General Ban-Ki moon in effigy. Sri Lanka officials essentially ignored the panel's repeated requests for visas to travel to Colombo.
But in December, Sri Lanka's U.N. ambassador, Palitha Kohona, invited the panel to lunch and offered an invitation to visit Colombo. A subsequent letter made it clear that the panel's visit would be restricted to sharing their views on accountability before the Lessons Learned Commission: They would not be permitted to question the commission or conduct interviews with key Sri Lankan officials, including the attorney general, responsible for pursuing justice in the case.
"The Sri Lankan mission had initially indicated they would be amenable to the panel meeting with it to make whatever representations it may wish to make, but it seems now that such a visit has still not been decided," said a senior U.N. official. "I am not sure if this is a simple matter of the Sri Lankan side prevaricating. The panel is nevertheless open and keen on any appropriate interaction with the LLC."
"The Sri Lankans have sought to keep their interaction through the secretariat, specifically the EOSG [the executive office of the secretary general]," the official said. "We have, however, been asking them and the panel to deal with each other directly and shall continue to do so."
(H/T to Inner City Press, which referred to Sri Lankan reversal in this Jan. 18 post)
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Sri Lankan Model - Burma to follow!!!
Excellent analysis Mr. Lynch,
The Burmese military now plans to adopt the Rajapaksa doctrine of military solution to the national question in Burma, with the backing of the same establishments that backed Rajapaksa, and Vijay Nambiar (UN) is in the scene again, facilitating the agenda and shielding the war crimes.
Remember, during Burmese elections, the military commander for the ethnic minorities region said 'We are doing this for Democracy' when the ethnic minorities were not allowed for voting in the region.
The week long vote this month in Southern Sudan's referendum on self-determination is a model solution to an intractable problem. A country at war for twenty years, split between two distinct peoples speaking a different language, worshiping a different religion and ethnically separate. One dominates the other and imposes their way of life upon the other.
UN does not have to favour any rogue regime. It has to its part and campaign for peace and a vote.
East Timor, Kosovo and now South Sudan cast their vote.
Minority Rights Group: Report on Rising ethnic nationalism in Sri Lanka:
http://www.minorityrights.org/10463/press-releases/rising-ethnic-nationalism-in-sri-lanka-targets-minorities-for-abuse-new-report.html
‘Despite the end of the war, many Tamil and Muslim minorities in Sri Lanka continue to live in fear, ’ says Mark Lattimer, Executive Director of MRG.
The report quotes minority political leaders and activists who express serious fear of a state based on Sinhala hegemony. It documents cases of land in traditional Tamil and Muslim areas being seized by military and civilian authorities and used for the construction of everything from military encampments and a power plant to hotels and leisure facilities. The report also expresses concerns by minority activists at the sudden proliferation of Buddhist temples and religious symbols in Tamil and Muslim areas, which they argue is politically sponsored.
Voice for Oppressed -communalism
When the Press Institute complained about the oppression and criminal activities in the Tamil region to the Sri Lankan President, his response was 'do not rouse communalism'.
This was from a President who has witnessed several state-sponsored ethnic riots and mass massacres unleashed on ethnic minorities over the past five decades.
A President who has a brother who ordered 'kill everybody' when civilians were herded into tarpaulin huts and ICRC was kicked out.
UN has been fooled by Sri Lanka for decades
Successive Sri Lankan governments have been successful at the UN for decades in
i.damage control by ''appointing'' Commissions and ''holding'' peace talks to kill time and to ward off sanction
ii. vilifying top UN officials in New York(eg in 2006/7/8) whenever they spoke of human rights violations by the government
iii.preventing UN Special Rapporteurs(egSR for extrajudicial killings) from visiting the country
iv.objecting to human rights monitoring
v.placing severe restrictions on UN staff on the ground and reprimanding them if they criticise(Eg WPF official in 2008) and expelling them, eg UNICEF spokesperson in 2009
A natural follow-up is wearing down the UN panel by all possible means.
It's not only the military solution that can be followed by contries like Burma and other rogue states but also the way the UN has been treated by Sri Lanka may also be emulated by rogue states.
http://www.cnn.com/2009/WORLD/asiapcf/05/23/sri.lanka.united.nations/
U.N. secretary-general: Sri Lanka sites for the displaced 'appalling', 24 May 2009: "I have traveled around the world and visited similar places, but this is by far the most appalling scenes I have seen," Ban told CNN. "I sympathize fully with all of the displaced persons."
He could tell CNN and not the President of Sri Lanka????
http://www.irinnews.org/Report.aspx?ReportId=84805/
SRI LANKA: "Too many people" at huge IDP camp - UN, 11 June 2009
Neil Buhne, the UN resident coordinator in Sri Lanka: ''The fundamental issue is that there are too many people in too small a place. We think it is the largest IDP camp in the world.''
UN couldn't be firm with a very repressive regime like Sri Lanka??
We need a stronger Secretary General
Sri lankan style of dealing with donors and UN
"The Sri Lankans have sought to keep their interaction through the secretariat, specifically the EOSG [the executive office of the secretary general]," the official said. "We have, however, been asking them and the panel to deal with each other directly and shall continue to do so."
Puzzled??
That's how Sri Lanka does its business:
http://webarchive.nationalarchives.gov.uk/+/http://www.dfid.gov.uk/mdg/aid-effectiveness/newsletters/srilanka-report.pdf
Sri Lanka: Aid effectiveness A scoping of development partner perceptions for DFID-SEA, Simon Harris 15th September 2005 (Revised Draft):
''Many respondents noted that the Government was neither reformist, nor open to criticism. Bilateral and informal discussions were preferred by the GoSL to joint open forums and critical debate.''
http://www.unicef.org/infobycountry/sri_lanka_49737.html
As fighting ends, Sri Lanka faces a critical moment, 20 May 2009:
‘’Over a quarter of a million Sri Lankans are now in camps for people displaced by the fighting, and over this past weekend, the government restricted access to some camps by UN workers and their partners.''
'‘Top Ten’ humanitarian crises: Aid blocked and diseases neglected, MSF, 21 December 2009: ‘’… Three distinct patterns dominated in 2009: governments blocked lifesaving assistance to trapped populations, including in Sri Lanka, Pakistan, and Sudan’’
Where's the basis for this allegation?
"In their last stand, the separatist Tamil Tigers embedded themselves in a displaced community of hundreds of thousands of ethnic Tamil civilians, forcing them to serve as human shields. The Sri Lankan military, meanwhile, fired indiscriminately into crowds of civilians, killing as many as 30,000."
From what I read in the media, the above seems to be the allegation repeated by many who appeal to the UN and other western governments. How do you tell apart a civilian from a combatant in such a situation?
More importantly, the land area where these civillians were used as a human shield was a mere 3 sq.miles (according to UN's own satellite imagery). If 30,000 civilians perished in a 3 sq mile area, one would not be able to walk 10 feet without walking over a grave. Also, the many countries and the UN who were watching this from 'above' would have easily spotted trouble if such a large scale carnage was taking place. So, where's the evidence. Did 30,000 people just vanish without a trace? Things don't seem to add up.
The eyewitness accounts put the civilian death toll at less than 1000 (and there were 300,000 who were rescued from harm). I'm more inclined to go with that number as the folks who were used as a human shields would be better able to tell apart civilians from combatants.
Even a single civilian death is one too many. However, any war situation causes death. I feel the Sri Lankan forces haven't performed any better or worse than their western counterparts engaged in other war situations. They have however, managed to wipe out a brutal terrorist insurgency saving 20 million people from daily terrorist attacks.... perhaps at the expense of several thousand casualties (combatants included). This goes against the conventional thinking that terrorism cannot be defeated militarily.... thus the compulsion to look for war crimes.
This is just a nother way of looking at the issue without simply buying in to the overwhelming amount of misinformation circulating around. I feel the Sri Lankan govt . should conduct a census of howmany actually perished during the last stages. Who is a civilian and who killed whom would always be shrouded by the fog of war.
Just my two cents.
Dictators had their followers in history
Please do no not compare other wars.
This is an unprotected ethnic minority subject to riots and mass massacres for the past five decades.
Sudan, Burma, Kosovo, East Timor
Civilians were starved, herded for 'Kill everybody'
If the dynastic dictator Rajapaksa is your prophet, I am going to look for another 5th grader leader.
Please do not waste your ink glorifying killer brothers as kings and princes, unless you enjoyed all the ethnic riots and the way minorities were chased out of the country as refugees, orphans,widows.
Longtime Washington Post correspondent Colum Lynch reports on all things United Nations for Turtle Bay.
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