Indo-Sri Lankan Political Dynamics

by Tanuja Thurairajah

An ambiguous but essential aspect of the Sri Lankan conflict is the role of India. From the Indo-Lanka Accord of 1987 to the IPKF disaster that followed it, the assassination of Prime Minister Rajiv Gandhi and the subsequent ban of the LTTE in 1991 the political dynamics between the two countries have had serious and deep ramifications on the Sri Lankan conflict.

At present the trade relationship between Sri Lanka and India can be considered as healthy with the Free Trade Agreement (FTA) of March 2000 and the finalisation of the Comprehensive Economic Partnership Agreement (Cepa) on the cards. India is Sri Lanka’s highest trading partner and some new trade initiatives are being made by Sri Lankan investors on Indian soil at present. There have also been some issues related to fishermen and the International Maritime Boundary Line, nevertheless the relationship between these two countries go beyond the economic and trade aspects and have been grappling with some issues of immense sensitivity and importance[1] especially in terms of India’s role in Sri Lanka’s protracted ethnic conflict, a relationship which has been under constant scrutiny of all interested parties.

Lost opportunity
The first attempt at a conflict resolution mechanism was spearheaded by the then Prime Minister of India, Rajiv Gandhi with the Indo-Lanka Accord of July 29, 1987. It sought to achieve

1. The preservation of the unity, sovereignty and territorial integrity of Sri Lanka (vide Clause 1.1);

2. The nurturing of the distinct cultural and linguistic identity of each ethnic group (vide Clause 1.3), within the framework of a multi-ethnic and a multi-lingual plural society (vide Clause 1.2), where all citizens can live in equality, safety and harmony and prosper and fulfill their aspirations (vide Clause 1.5); and

3. The recognition of the Northern and Eastern Provinces as “areas of historical habitation of Sri Lankan Tamil-speaking peoples”.

The LTTE which had forced its way towards obtaining recognition as the dominant politico-military organisation managed to cement this status within the proposed interim administration with a quota of 12 seats. But as with many incidents in the history of Sri Lankan politics, the LTTE and the then GoSL lost another opportunity of working towards a solution to the conflict by disagreeing on the appointment of the Chief Administrator in terms of the interim administration.

India’s secret role in the Sri Lankan peace process and Tamil Nadu politics
News of India’s supposed direct intervention in the Sri Lankan peace process has begun circulating in the Indian web/ blogsphere. In a web report titled ‘India’s covert role in Sri Lanka’s Ceasefire’, M. R. Narayan Swamy examines how the whole peace process came into being, closely supervised by the India’s National Security Advisor Brajesh Mishra. He states that India was behind the peace process from its very inception, from identifying an international facilitator, Norway, due to its supposed lack of vested interest, to working with both Kumaranatunga and Wickremesinghe in taking the initiative forward[2].

India has held throughout that a military end to the Sri Lankan predicament is unrealistic. Nevertheless, India’s stand is steeped in ambiguity especially given the dimension that the politics of Tamil Nadu present. Karunanidhi has always been vocal in terms of the whole ‘self-determination’ issue of the Sri Lankan Tamils but has not clearly defined whether this is to be realised through a separate statehood or through the devolution of power. Furthermore, the whole refugee influx and its recent increase has put pressure on the Tamil Nadu government, not only in terms of providing for the refugees but most importantly in terms of tackling the infiltration of the Tigers into Tamil Nadu along with these refugees. This in turn has increased controls on the refugees themselves making their situation deplorable. India has provided refuge for many refugees from Nepal and Bangladesh, but the violent actions of the LTTE have been testing the patience of India which is being increasingly forced to consider the Sri Lankan refugees as a problem and not as an opportunity to extend their goodwill towards their fellow Tamils. The assassinations of Pathmanaba of EPRLF & his 12 friends and the brutal assassination of Rajiv Gandhi are some of the gruesome highlights of LTTE atrocities on Indian soil.

Furthermore as former IPKF Commander Ashok Mehta states “the fact is, pro-LTTE parties in Tamil Nadu (who are critical of Karunanidhi) like Vaiko’s MDMK will also take full advantage of the situation.” Vaiko has been intensely vocal in his support for the LTTE and has created a popular culture within the Tamil Nadu politics to openly support the politics of the LTTE, with the belief that all Tamils are united in their support for the LTTE, and through this display their support to the fight for the rights of the Tamils in Sri Lanka. The recent issue of the film titled ‘Prabhakaran’ clearly highlights this phenomenon where a group of actors and technicians led by Dravidian Tamil Movement (DTM) leader Suba Veerapandian and Thol Thirumavalavan of the Viduthalai Chiruthaigal Katchi (VCK), came together in protest and were responsible for the attacks instigated against the Director of the film, Thushara Peiris. They have now obtained an interim stay from the City Civil Court in Chennai. It is ironic that Thirumavalavan’s party organised a conference on January 25, 2008 titled ‘Redeem the freedom of Expression’ where he states that "Any move to suppress those expressing moral support to Tamil Eelam and LTTE is violation of all tenets of democracy and humanism, and will border on fascism.", while he and his supporters have clearly violated the ‘freedom of expression’ rights of Peiris. This blind and almost fanatic support of the ‘Tamil cause’ by some political elements in Tamil Nadu further complicates the whole issue in terms of an Indian intervention in the future towards a negotiated settlement to the conflict.

The 13^th Amendment -India has been clearly supporting the implementation of the 13^th Amendment as the basis for a negotiated settlement to the conflict and welcomed the GoSL’s decision to implement this. Nevertheless in reality the 13^th Amendment has not been fully implemented. India’s role in pushing for the full implementation of the 13^th Amendment as well as in encouraging the GoSL to consider the adoption of the improvements suggested in the 17^th Amendment as the basis for a negotiated settlement is paramount.

Weapons procurement & Pakistan
The present GoSL and its links with the Pakistani Government regarding the procuring of weapons, where India’s refusal to provide Sri Lanka with ‘lethal’ weapons has clearly become an opportunity for Pakistan in terms of bruising India’s image as a noticeable regional power without really appearing to do so. Sri Lanka’s weapons business with Pakistan dates back to 1999 but in terms of the present context Sri Lanka has ‘requested $25 million worth of 81 mm, 120 mm and 130 mm mortar ammunition to be delivered within a month.....The Pakistani military has agreed to supply the ammunition on an emergency basis from its War Wastage Reserve, maintained at several army depots.’[3] Nevertheless, a major part of the training of the Sri Lankan Armed Forces, i.e. upto 53%, is carried out in India and Sri Lanka turning towards Pakistan for weapons procurement has created a sense of frustration within the Indian government.

India’s role is clearly crucial. With the failure of the Western powers in facilitating a negotiated solution, and in order to curb the current situation of democratic paralysis and the breakdown of the rule of law, India as a regional power must refrain from procrastinating its direct intervention in the Sri Lankan conflict.

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[1] Political issues overshadow trade ties between India and Sri Lanka (http://www.livemint.com/2008/04/25223838/Political-issues-overshadow-tr.html)

[2] India’s covert role in Sri Lanka’s Ceasefire, M. R. Narayan Swamy, New Delhi, February 17, 2008 (http://www.newkerala.com/one.php?action=fullnews&id=23353)

[3] Lanka orders emergency Pak military supplies, Daily Times, Pakistan, April 4, 2008 (http://www.dailytimes.com.pk/default.asp?page=2008\04\04\story_4-4-2008_pg7_8)

Interview with Jo Becker, Human Rights Watch by P.O.V

"In the 1990s, some experts estimated that 90 percent of the Tamil Tigers' military budget came from overseas sources, including the Tamil community." - Jo Becker

Jo Becker, the children's rights advocacy director for Human Rights Watch, talks about the Tamil Tigers' recruitment of child soldiers and about the role that expatriate Sri Lankans play in the ongoing conflict.

P.O.V.: Could you give us an overview of your work in connection with Sri Lanka?

Jo Becker: In 2004, I was part of a Human Rights Watch team that investigated the recruitment and use of children as soldiers by the Tamil Tigers in Sri Lanka. More recently, I've been investigating the Tamil Tigers' use of intimidation, extortion and even violence against members of the Tamil community in Canada and the UK in order to stifle any public criticism of the Tamil Tigers and to secure funds for their operations.

P.O.V.: What issues are most pressing in Sri Lanka now? What's changed since the 2002 ceasefire agreement?

Becker: Violence has escalated dramatically in Sri Lanka since mid-2005. In the last few months, several hundred people, many civilian, have been killed in attacks by both government forces and the Tamil Tigers. Tens of thousands of people have been displaced. At this point, the ceasefire appears to exist only on paper.

We're also concerned about continued child recruitment by the Tamil Tigers and political killings. Since the beginning of the ceasefire, more than 200 Sri Lankans, mostly Tamil, have been killed, often for being critical of the Tamil Tigers or participating in non-LTTE (Liberation Tigers of Tamil Eelam) political parties. The Tamil Tigers are believed responsible for the majority of these killings.

P.O.V.: Has the recruitment or use of child soldiers increased or decreased?

Becker: Over the last four years, UNICEF has documented over 4,000 cases of child recruitment by the Tamil Tigers. We know that the true number is even higher, as many families are afraid to make reports when their children are taken. In many of these cases, children are taken by force, and families face violent retribution if they resist. More than a third of the children recruited are under the age of fifteen, which is considered a war crime.

The rate of child recruitment has gradually declined since 2002, but the practice continues, and thousands of children are still in the ranks of the Tamil Tigers

P.O.V.: What role do Sri Lankans overseas play in the ongoing conflict? Does support from expatriate Sri Lankans help sustain the conflict?

Becker: Hundreds of thousands of Sri Lankans have left the country over the last 25 years. Many are Tamils who fled government abuses during the war. Between 600,000 and 800,000 Sri Lankan Tamils now live abroad, with half of that number residing in Canada and the UK. This Tamil diaspora has been an important source of financial and political support for the Tamil Tigers. In the 1990s, some experts estimated that 90 percent of the Tamil Tigers' military budget came from overseas sources, including the Tamil community. Many Tamils willingly give financial contributions to the Tamil Tigers and actively support their struggle. However, other Tamils are subject to intimidation and harassment, and [are] told that if they do not give money, they may not be able to return to Sri Lanka to visit their families.

P.O.V.: Is there a role for outside parties to play in establishing lasting peace? What can regional or Western governments do? What about NGOs?

Becker: The United Nations and western governments should continue to pressure both the Sri Lankan government and the Tamil Tigers to protect civilians from violence and strictly observe international human rights and humanitarian law. The Sri Lankan government should establish a commission of inquiry to investigate recent attacks by armed groups against Tamils, including their homes and businesses. The UN Security Council should consider targeted sanctions against the Tamil Tigers to address the group's failure to end its recruitment of child soldiers. Non-governmental organizations (NGOs) should be actively engaged in monitoring and reporting on human rights violations by both parties in the conflict.

Jo Becker is the children's rights advocacy director for Human Rights Watch, an organization that conducts systematic investigations of human rights abuses in about 70 countries around the world, including the United States. The Children's Rights Division focuses specifically on abuses against children, including abusive child labor, the use of children as soldiers, conditions in institutions (including detention centers and orphanages), police abuse against street children and more. Jo Becker is also the author of the HRW report entitled "Funding the 'Final War': LTTE Intimidation and Extortion in the Tamil Diaspora."

Courtesy: P.O.V
(posted originally in 2006, re-posted on SahaSamvada due to its current relevance)

Objections to the Assistance and Protection to Victims of Crime and Witnesses Bill

by Dulani Kulasinghe

Sri Lanka’s criminal justice system suffers from a dearth of successful prosecutions. One reason often cited for this is the failure of witnesses to come forward to give evidence, in particular when the State has been implicated in the crime. Also cited is witnesses’ withdrawal from the legal process after commencement of trial due to threats and intimidation coupled with interminably delayed trial processes.

Failure to testify and withdrawal from trial processes are motivated specifically by well documented harassment and killings of victims and witnesses who have been brave enough to risk their lives to seek justice. Gerard Perera is only the best known of a long tragic list of such witnesses who have paid severe penalties for taking such risks, which in this particular instance, involved the loss of the very life of the witness. An effective and strong witness protection scheme has thus been a long standing need in Sri Lanka.

The need for such a scheme has been acknowledged by a former Attorney General himself, namely Mr KC Kamalasabayson who made the following observation in an address of 2 December 2003:

Another important feature that requires consideration is the need for an efficient witness protection scheme that would ensure that witnesses are not intimidated and threatened. No doubt this would involve heavy expenses for the State and amendments to the law. I will only pose a simple question. Is it more important in a civilized society to build roads to match with international standards spending literally millions of dollars rather than to have a peaceful and law abiding society where the rule of law prevails?

The imperative need for a good witness protection mechanism has been repeatedly made by international human rights monitors, as in 2003 when the United Nations Human Rights Committee, examining Sri Lanka’s combined fourth and fifth periodic report, stated:

The authorities should diligently enquire into all cases of suspected intimidation of witnesses and establish a witness protection program in order to put an end to the climate of fear that plagues the investigation and prosecution of such cases.

Though the need for a witness protection scheme has been evident for many decades, no concrete steps had been taken to fill this lacuna in our law. The draft Bill affording Assistance and Protection to Victims of Crime and Witnesses manifest an attempt to fill the gap. Though the Trust welcomes the Bill in principle, it expresses serious concerns regarding some of its provisions, which appear to fatally undermine its stated purpose of protecting victims of crime and witnesses, especially in regard to crimes implicating State actors.

Key concerns:

1. “Good faith” and “following orders” get-out clauses (sections 7(5), 7(8), 10(1))

Sections 7(5) and 7(8) sanction the leaking of information regarding a protected person, with the exception of someone who was acting in “good faith” or “in accordance with or in compliance with” orders.

Thus, in the event of a violation by a person with direct responsibility for protecting a witness or victim, such a person may plead that he was only “following orders” and therefore be excused for his crime. In the absence of legislation enabling command responsibility, the twice-over victim is robbed of recourse, though his life is endangered by this act of “good faith”. It is also not clear how this “good faith” is to be proved, or to what standard.

Of further concern is the fact that even where an alleged perpetrator may be prosecuted, the Attorney General is given discretion as to suspending the institution of criminal proceedings (section 10(1)), having regarding to both the interests of the person who has suffered injury and the interests of the State. It seems illogical that the interests of the State should weigh at all in this equation, particularly where a State actor may be implicated. If such interests must be taken into account, counterweight must be provided by someone other than the State’s own counsel.

2. Control of Board of newly created National Authority for Protection of Victims of Crime and Witnesses by Government, judiciary and police (section 12(1))

The nine-person Board created by the Bill does include four persons who are not explicitly members of any branch of government, however they are outnumbered by ex officio members – either the Secretary or Additional Secretary – from the Ministries of Justice and Human Rights, as well as the Ministry in charge of the Police Department (currently the Ministry of Defence), and nominees of the AG and IGP. The Board will set policy and provide guidelines for the actions of the Authority, as well as appoint a Director General.

Given the provisions already outlined and the established history of problems in cases where the State is implicated in a crime, the composition of the Board is of concern.

3. Location of Protection Division within Police Department (section 18(1))

There is no explicit provision that police officers assigned to the Protection Division of the Authority will have no other duties, nor be involved in inquiry / investigation or other police activities, and have no communication with other police officers acting in those capacities. The risks of lack of clear separation of duties and the absence of a dedicated and non-transferable category of police officers in this regard are self evident.

This is also a matter of concern under the Emergency Regulations now in force, as the Police Department is currently under the authority of the Ministry of Defence.

4. Requirement that the Authority and Commission may not accept foreign governments’ assistance appears to attempt to make illegal past actions of the current Presidential Commission of Inquiry to investigate and inquire into serious violations of human rights (section 22(3)

It appears that this provision was drafted with specific reference to the current Commission of Inquiry in an attempt to render its ground-breaking use of video conferencing in April 2008 illegal in retrospect and prevent further such use of video. The second round of video-conferencing which, like the first round, was funded and facilitated by foreign governments with the full knowledge and therefore presumed consent of the AG and Foreign Ministry, was to have begun on 2 June 2008 and continued for two weeks. However this second round was stopped due to the refusal of the Presidential Secretariat to release funds for the use of video facilities at SLIDA. The reason given for the refusal of funds was reportedly the dubious status of the law relating to evidence received via video. The letter is then said to state that the Commission should await passage of the Bill and act in accordance with it thereafter, to ensure the legality of its proceedings.

However, under current relevant law – the 1948 Commission of Inquiry Act, the Evidence Ordinance and the internal Rules of Procedure of the Commission itself – there is no bar to obtaining evidence via video conferencing. The timing of this letter, read together with the provision in question, provides a valid basis for suspicion that the provision was drafted with the primary intention of preventing further video conferencing by this Commission.

5. Requirement that a public officer be present in location where witness is testifying whether in Sri Lanka or outside undermines the fundamental need to protect whereabouts of threatened and vulnerable persons, especially in crimes implicating State actors (sections 29(a) and (b)) While it is accepted that it must be possible to safeguard and ensure the credibility of witnesses who are not giving evidence in Court, the presence of a public officer where a witness within Sri Lanka (s29(a)) seeks to give evidence gravely undermines the safety of that witness where a State actor may have been involved in the offence in question.

Section 29(b), relating to witnesses who have been forced to give evidence from outside Sri Lanka, is even more problematic, as it requires the presence of a “competent person” recommended by both the AG and the Foreign Ministry in the location where a witness is testifying. However, consider the case of the families of the students killed in Trincomalee:

where the witness has fled Sri Lanka due to a well founded fear of persecution by State actors and there is no sufficiency of protection in-country for that person due to the inability or unwillingness of the Government to ensure it – as in the case of these families who sought and were granted refugee status in the respective countries where they now live – there can be no argument made in favour of the presence of an official of that very Government from which they have fled.

6. Process by which the Bill has been rushed through Parliament with no opportunity for public consultation It might be easier to believe in the good faith of the Government in drafting this Bill if the process by which it had been tabled was more transparent. The declaration of this Bill as an urgent Bill eliminated any possibility of a fundamental rights challenge once it was tabled on 6 June – which it most definitely would have attracted. The wall of silence around the Committee stage of the Bill has also prevented any input from the public, or more importantly, affected persons, into this landmark legislation. Finally, the fact that it has been brought for second reading today, with no announcement and therefore no final opportunity for public consideration, suggests that any suspicions one may have had about the drafting of the Bill – in particular that it was drafted with an eye to ensuring that State actors are protected, even at the expense of victims of crime and witnesses – are not merely justified, but correct.

The Trust emphasizes, as it has done on past occasions, the need for thorough public consultations in advance of draft legislation of this nature that have a direct bearing on the rights of Sri Lankan citizens.

Dulani Kulasinghe is a Researcher, Human Rights in Conflict Programme, at Law & Society Trust, Colombo, Sri Lanka

opinion (Youth Declaration)

The Youth Declaration is being drafted and views of the general public are being collated at present (See our post of May 1, 2008). SahaSamvada 's responses to the Focus Questions are given below. To download the Focus Questions or for more information please visit http://www.peaceforaday.com.au

National Identity to Cultural Identity

What do you believe is cultural cohesion and co-operation?

Cultural cohesion happens when there is understanding and respect for all cultures other than one’s own. People cannot dominate others through their cultural values. The most important aspect is RESPECT, this in itself would harness co-operation. The different cultures in Sri Lanka have been in existence for decades and have shared a common history. These beliefs and practices should not be overshadowed by human weaknesses such as racism. Human dignity must be always respected.

How do you define ethnic nationalism? What are its positive contributions to society?

Nationalism is an extreme in itself, but every human being has a bit of this nationalism in him/her. Ethnic nationalism is a feeling of unity, of oneness through the sharing of commonalities such as language and culture and the understanding of its diversities such as religion. The positive aspect of ethnic nationalism is relatively less in today’s context where it is being used for selfish reasons, but it has the power to rise above geographical and economical differences and unite people through language and culture.

How do we bridge the divide that comes from ethnic nationalism? What are some practical and contextual steps that a community can make to bridge the divide?

The most important aspect in bridging this gap is through the proportional distribution of power and authority. It has a lot to do with a sense of control and a sense of independence. The roots of the ethnic conflict in Sri Lanka stem from an imbalance created by the lack of devolution of power. This created mistrust and envy which stirred racial tensions. A practical step would be planning a system of power devolution which would provide the basis for re-building trust and restoring human dignity.

How do we eradicate the feelings of mistrust and marginalisation?

Feelings of mistrust and marginalisation cannot be dispelled through words alone. Practical measures such as the devolution of power will create the basis for trust, and through this alleviate marginalisation. All communities need to feel respected and equal.

Why is a multicultural, multi-lingual, multi-religious vision of Sri Lanka so important?

Sri Lankan society is multi-ethnic and culture, language and religion are important aspects of each ethnic group. In order to envision a united Sri Lanka, these essential elements of ethnicity must be given equal importance.

As a community what safeguards can we place to ensure that such tensions never conform to a violent conflict?

In reality racism cannot be totally abolished and racist feelings do give in to violence, especially when influenced by political actors. Democracy must be upheld, especially through institutions such as the legislature, judiciary, police and the media. If these institutions function in a democratic manner, violence and anarchy can always be held in check.

How do we promote affirmative action through non-violence?

Sri Lanka is ready for a social movement. Making this a reality will be the affirmative and non-violent action we as a country can take towards ensuring normalcy and progress in Sri Lanka.

War and Peace

War for peace? What is its eventual conclusion for civil society?

War for peace is an unrealistic delusion. Its end result will be the total annihilation of a society.

How do we move away from a mentality of a war for peace promoted by the conservative elements in each community? How do we ensure that our future generations do not carry on a negative stigma from the conflict?

A successful social movement will ensure a change in mentality as its basis would be to change the mindsets of the masses from pro-war to anti-war. The stigma of war can only be erased by the establishment of democracy and equality. If this can be achieved then we have achieved a decent future for our future generations.

What actions would you like the Government of SL to take in relation to promoting unity and pluralism?

Firstly there must be a change in the current GoSL. There is a severe lack of faith in them at the moment. Sri Lanka needs a government that will not use the whole ethnic issue for the personal benefits of its members. Unfortunately today, politics is plagued by corruption and a government free of it is unrealistic. Nevertheless, there are certain mechanisms that can be introduced that would ensure that the necessary ‘checks and balances’ work. Essentially, the abolishment of the Executive Presidency, a more independent judiciary and constitutional reform which would include devolution of power, are some of the important steps that need to be seriously considered.

What do you believe are the current barriers to a political solution?

There is no conviction by either of the warring parties to end the conflict. There are many deals being made for personal benefits. An end to the war, especially through a political solution would mean an end to the benefits. An end to the war through a military victory is futile. In this era, wars are not fought as per conventional methods, with ‘formal and organised campaigns with demarcated frontlines, bases and weapons’[1]. These intra-state wars now use para-military and criminal groups, child soldiers and suicide bombers. This is clearly the case in Sri Lanka. The wars that are waged in the frontlines, dim in comparison to the shadow war that is happening throughout the Island, with abductions, disappearances, bombings and extra-judicial killings adding on to the list. How would such a war end? How can it be achieved through military victory? Nevertheless, the GoSL today is feverishly working towards blocking any attempts at a political solution to the conflict, by propagating the military solution as the only means of achieving this. They have been tapping on to the nationalist fervour of the majority Sinhala community to sustain their efforts towards this. On the other hand, the LTTE have also been pushing for a military solution despite a change in their attitudes, leaning towards a negotiated solution during the Ceasefire Agreement. The LTTE too have been playing on the nationalistic fervour of the Diaspora Tamils to sustain their efforts. Through fundraising and propaganda they have been successfully obstructing dialogue on a possible political solution to the conflict. So in summary, the main warring parties are the obstacles to a political solution, supported by the overtly nationalistic Sinhalese masses in Sri Lanka and the Tamil Diaspora. To add to this the recent fundraising drive by the GoSL ‘api wenuwen api’ is also attempting at pulling the Sinhalese Diaspora on to its ‘war promotion’ attempts. Furthermore, looking back at our political history it is very clear that there have been many ‘lost opportunities’, especially due to the lack of foresight of the Tamil leadership. From the Thimpu Declaration to the Indo-Lanka Accord, many opportunities have been lost due to the egoism of the ‘supposed representative’ of the Tamil community.

What are your biggest frustrations about this ongoing conflict?

The climate of impunity is the greatest frustration at present. This has suffocated criticism and severed possibilities of a dialogue amidst the populous for a negotiated settlement.

Do you see this as conflict as an “ethnic crisis” or “terrorist problem”? Why?

The conflict is neither an ethnic crisis nor a terrorist problem. As explained above, ‘The roots of the ethnic conflict in Sri Lanka stem from an imbalance created by the lack of devolution of power’. This root cause is responsible for the creation of racial tensions and terrorism. These are the consequences of the real cause and to deal with the real cause is the only way to find a solution. Nevertheless, one must not forget the fact that the Tamils and the Muslims have to continue to agitate for the determination of their rights. This is a valid and non-violent struggle and must not be confused with the ‘violent rebellion’ that is being fought for the wrong reasons. We must also acknowledge that there are a few Tamil political groups that are pushing for a negotiated settlement as a solution to the issues faced by the Tamil community.

What do you see as the biggest challenges ahead if this conflict was resolved militarily?

The scars of the wars will not be healed and will only be smudged out. The country will be broken economically. There will be more frustration and disillusionment on both sides.

Do you agree with the war? Would you rather have a military solution or a political solution?

War is a farce, a game, a business. A political solution no matter how trying, is the only way towards a positive solution to the conflict.

Security and Terrorism

How do you define terrorism?

Violating human dignity on a mass scale through murder, rape, torture, proscription and creating terror in the mindsets of people through abductions, threats and extortions amount to terrorism.

What is your opinion on policies which are reflected towards ensuring national
security? What do you believe are practical measures to ensure the policies integrity?

To have an opinion on the policies implemented by the GoSL in terms of national security is impractical since these policies are mostly void of transparency. Nevertheless, the most important of all mechanisms or regulations under current implementation is the Emergency Regulations and has resulted in grave human rights violations. The government must take measures to repeal or revise the Emergency Regulations to bring it into line with international human rights standards.

State sponsored terrorism to terrorism in the belief of a struggle for a state? How do we move away from the notion of a “War on Terrorism” or “War of Liberation” to creating a future for all communities?

It all boils down to the choices that we as Sri Lankan citizens take. Despite the current conflict being taken out of the control of its citizens, supporting the belief that war is the only means to achieving peace or indifference to what is happening around us are the main elements that need urgent change. This is the lifeline of both ‘state terrorism’ as well as the ‘war of liberation’. The only way to move away from these attitudes is by mobilising the masses for a social movement for change. This is the only way towards uniting the communities and putting what the people really want on to the political agenda.

What are its eventual conclusions?

The eventual conclusion would be the achievement of a political settlement to the conflict.

What should be the role of the international community in matters of terrorism?

Terrorism and the ‘War on Terrorism’ has become a dirty word. It is being blatantly used by the US to undermine human rights and human dignity. As in the Sri Lankan context, terrorism is really the consequence of the root problem. Therefore, the international community must address these root causes in order to address this issue. This has become an era of new wars. A time where greater importance towards human rights and dignity has increased while at the same time methods of destruction and annihilation in the name of development and empire building has become the end game in today’s political schizophrenia.

What are the barriers to a lasting peace?

Impunity, apathy, the business of national, regional and international politics, intra-nationalism and long-distance nationalism

As a community what practical steps can we take to ensure the integrity and safety of moderate politicians?

At present, moderate politicians are almost non-existent. A community that upholds the rule of law, ensuring that the mechanisms responsible for its implementation and that the checks and balances are functioning will also ensure the integrity and safety of moderate politicians.

How do we integrate former armed groups working outside the elements of the state?

This is an important aspect of Transitional Justice. Once hostilities have ended and a settlement has been reached by the warring factions these armed groups can enter the democratic stream as separate political groups or join into existing political groups. Blanket amnesty, truth and reconciliation processes etc. will all play a very important role in this period of transition. But this is in a post-war scenario. If we are considering a war-time scenario as Sri Lanka is in at present, armed groups can join the political mainstream similar to what we see with the TMVP. Unfortunately, the situation in Sri Lanka is not happening the way it should. The TMVP have still not renounced violence and weapons. Furthermore, we are in the midst of a regime which wields ‘state terror’ to supposedly control the security situation in the country. Therefore, groups like TMVP become ‘mercenaries’ of the State.

Human Rights

What measures are needed to protect women and children? How do we as a community protect their rights?

Everything revolves around the breakdown of the rule of law and the lack of a democratic government which is concerned with the rights of its peoples. A community as a whole cannot safeguard the rights of its people. That is not the duty of the community. The Government as representatives of the people must fulfil this role. But if the government is malfunctioning the community must revolt through a social movement to aggressively push for change.

How do we ensure that human rights do not become compromised for the end goal of each stakeholder to the conflict?

The only way, is to ensure that the masses agitate for a political solution to the conflict and ensure that this becomes the only means to an end to the conflict.

What avenues do we utilize practical solutions to the following issues: Child soldiers, Political assassinations, Sponsored disappearances, War crimes, Torture, Sexual abuse, Collateral damage & Treatment of IDP’s

Once again these issues cannot be addressed if there is ‘state terror’ and a breakdown in the rule of law. The Government and its institutions which have been established to uphold democracy and the rights of its peoples must function effectively to find solutions to all of these issues.

What are the roles of Non government organisations? What can we do to ensure the support of independent verification of crimes committed?

NGOs play an important role. They must be the conduit between the masses and other stakeholders to the ethnic conflict. Furthermore, given the current situation they must proactively work towards creating processes for a social movement which will aggressively push for a change in the current scenario in Sri Lanka. Many NGO’s have been collecting information on human rights abuses during the last couple of years directly related to the conflict. Furthermore, experiences with presidential commissions established to investigate crimes have not been successful due to control and pressure of the Government. An independent and preferably an international body will be able to effectively investigate human rights violations and acquire the necessary evidence for future prosecutions. These investigations apart from identifying the perpetrators very importantly provide the closure that is necessary for victims and their families.

Do you believe that there should be international human rights monitoring and why?

When there is ‘state’ as well as ‘non-state’ terror, monitoring by an international group is essential. Even if it is merely to record incidents it is important, and will ensure that all violations are placed on record. Eventually this information could be used to bring the perpetrators to justice.

How do we define the rights of self determination?

Self-determination is widely defined by ‘as free choice of one’s own acts without external compulsion, and especially as the freedom of the people of a given territory to determine their own political status or independence from their current state’. National self-determination challenges the principle of sovereignty. Many states, considering demands for minority rights decentralize or devolve greater decision-making power to new or existing subunits or even autonomous areas. In Sri Lanka it is clearly a minority issue and in this light the ‘devolution of power’ is the only way for a practical and fair step towards ‘self-determination’. Through this we will be able to ensure a proportionate devolution of power to not only to the minority Tamils but to the minority Muslims as well. This will have positive implications on the economy and well being of Sri Lanka as a whole.

What steps do we take for demobilization and disarmament when a settlement has been reached?

The basis for Demobilisation, Disarmament and Rehabilitation is a peace agreement. There are many conditions that need to be in place for the DDR process to become a reality.

• There must be consent between the warring factions.
• The support of armed leaders, troop commanders or warlords who will have command and control over combatants
• A realistic timeline for the DDR must be stipulated in the peace agreement with room for flexibility for any challenges that might crop up during the process
• The commitment of donors will accelerate the process
• Defining groups and contingents to demobilised should be stipulated clearly in the peace agreement
• A commission must be put in place to monitor the DDR process. This can be supported by a neutral international monitoring body to infuse trust between the stakeholders
• Time frame and a clearly outlined, easily accessible Assembly Area must be also stipulated

Once a system with all these aspects have been put in place the DDR process can be effectively implemented.

---

[1] Diaspora and Conflict: Locality, long distance nationalism and delocalisation of conflict dynamics, Jolle Demmers

the business of nationalism

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,itfisnay;yhk; mtjhdpf;Fk; NghJjhd; ehd; xU jkpo; Njrpathjpahf ,y;yhJ ,Ug;gJk;> JNuhfpg; gl;baypy; vkJ ngaUk; ,Ug;gJTk; vt;tsT ngUik nfhs;sj;jf;fJ vd;W....

ed;wp : itfiw

A window of opportunity for arms control in 2008–2009

PRESS RELEASE

The next 12 months promise the beginnings of the first serious discussions of arms control and disarmament in more than a decade, according to Dr Bates Gill, Director of (Stockholm International Peace Research Institute (SIPRI), speaking at the launch of SIPRI Yearbook 2008.

As shown in the new edition of the SIPRI Yearbook:

1. Armed conflicts are far more complex and intractable than is often thought and the traditional classification of conflicts is breaking down.
2. Military spending, arms production and international arms transfers are all on the rise: a) world military spending totalled $1339 billion in 2007, a real-terms increase of 6% since 2006;b)arms sales by the 100 largest arms-producing companies in 2006 increased by 8% in nominal terms over 2005;c)international transfers of major conventional weapons were 7% higher over the period 2003–2007 than in 2002–2006.
3. While 8 states possess almost 10 200 operational nuclear weapons, many arms control and non-proliferation agreements are faltering or making little progress.
4. Efforts to prevent the proliferation of weapons of mass destruction—nuclear, biological or chemical —are increasingly focused on individuals and non-state groups, rather than states.

In response to these challenges, there is growing urgency around the globe to bring new life and a mainstream momentum to arms control. There are new leaders in the UN, France, Germany, Japan, Russia, the UK and, from January 2009, the USA—who will find it politically possible to take concrete action on the arms control and disarmament front. Encouraging technological developments allow greater certainty in the monitoring and verification of arms control agreements.

‘The movement to reinvigorate arms control efforts must stake common ground across the political divides of right and left, “doves” and “hawks”, nationalists and internationalists, hope and fear,’ said Gill. A global consensus on arms control and disarmament must include both nuclear and non-nuclear weapon states and be supported by think tanks and other non-governmental organizations.

‘Voices from across the political spectrum are coming to recognize again the value of arms control in the face of looming threats to humankind,’ said Gill, ‘Although we face tremendous obstacles, a new window of opportunity is opening to realize constructive progress on arms control and disarmament. It is clearly in the interest of citizens and governments alike to take pragmatic and positive steps in the right direction.’

Major armed conflicts, 2007

In 2007, 14 major armed conflicts were active in 13 locations around the world.

Africa
Somalia

Americas
Colombia
Peru
USA

Asia
Afghanistan
India (Kashmir)
Myanmar (Karen State)
Philippines
Philippines (Mindanao)
Sri Lanka (‘Tamil Eelam’)

Europe
Russia (Chechnya)

Middle East
Iraq
Israel (Palestinian territories)
Turkey (Kurdistan)

Over the past decade the global number of active major armed conflicts has declined over all, but the decline has been very uneven, with major drops in 2002 and 2004 and an increase in 2005. Three of the major armed conflicts in 2007 were not active in 2006 (i.e. had not started or had fewer than 25 battle related deaths): Peru, the Philippines (Mindanao) and Somalia. Three conflicts in 2006 were no longer active in 2007: Burundi, Sudan and Uganda.

Four of the 14 major armed conflicts that were active in 2007 increased in intensity compared to 2006: Sri Lanka (Tamil Eelam), Afghanistan, Myanmar (Karen State) and Turkey (Kurdistan). In the latter three, battle-related deaths increased by more than 50 per cent.

SIPRI YEARBOOK 2008, SUMMARY

http://yearbook2008.sipri.org/

Diaspora-in-Action: M.I.A

Mathangi Arulpragasam a.k.a M.I.A (Missing in Action) belongs to the new breed of political elites or as she is considered in the music world, a political artiste. Her music does not have inhibitions, is strong and new age with an eclectic mix of cultures and styles. Magnetic.

The daughter of a founding member of EROS, Arulpragasam she came into the limelight after her debut single ‘Galang’ and has since had two albums, ‘Arular’ and recently ‘Kala’. Her style is distinguishable from the usual underground hip hop scene ‘most notably genre-jumping, entertaining baselines, and lyrical simplicity. No question about it though, M.I.A.’s social consciousness content and her defiant musical “freedom fighting” call for revolution would make any underground lover proud’ (http://kymlee.newsvine.com/_news/2007/12/06/1144802-mia-album-review-kala). But what is the real politics behind her ‘social consciousness’ and her ‘freedom fighting’. M.I.A has continued to be wrapped up in a very ambiguous political shroud which has contributed towards her spiraling fame. This ambiguity is quite clear even in her lyrics. In the single titled Boyz she sings “How many no money boyz are crazy?/How many boyz are raw?/How many no money boyz are rowdy?/How many start a war?”. Despite it being radical and fresh, how does one interpret it? Furthermore, the usage of war symbols is noticeable. From the titles of her songs for example ‘paper planes’, ‘boyz’ (LTTE cadres are fondly referred to ‘boys’ by Tamil sympathisers) and the usage of a tiger (the LTTE’s symbol) and female LTTE cadre look-a-likes in her videos, one cannot but consider the subtle messages that seem to emanate from her. In the review ‘Totally Unradical’ (http://www.washingtoncitypaper.com/display.php?id=2431) Burton states that ‘Kala’s opener, “Bamboo Banger,” is another example of sturdy pop music masquerading as radicalism. The song, which borrows from the Modern Lovers and a Bollywood soundtrack, is marked by a number of tantalizing lines that never become more than impressionistic. So what if she’s knocking on the door of a “Hummer-Hummer”? She never tells us why such an act is important or what its consequences are’. It is very difficult for one to consider these symbols and messages as based on a neutral perspective on poverty, survival, violence and prejudice with accents on political and social commentary.

She talks about giving a voice to the voiceless and has had artists from developed and developing countries in her music. She questions "Why don't we ever get to, like, actually hear people talk on TV? Why don't we ever get to hear the starving African kids say something or do something or sing something or express something? We show them but they don't have a voice.” She talks of America and its ‘War on Terror’ which she says has sucked in independence struggles, revolutions and extremism into its vortex. Why? Is it because Africa, the War on Terrorism and being Sri Lankan Tamil, sell?

As a political elite, as one of the many Sri Lankan Tamil Diaspora who can play a major part in the political dynamics of the Sri Lanka’s ethnic conflict, M.I.A is right on top. With her popularity, her magnetism and by being the daughter of a rebel leader she has the power to make or break the mindsets of the youth that follow her, especially the Tamil youth. By singing “All I want to do is”—bang! bang! bang! bang!—“and, uh”—ka-ching!—“take your money” is she glorifying violence or accentuating the sanguinary violence, in a negative sense?

M.I.A is considered as ‘the rare artist who can turn her third-world politics into a party’. Is this what she is really up to? Turning the struggles of the peoples of Sri Lanka into a psychedelic, spray painted, sequin strewn party?

View her video Sunshowers :

http://www.youtube.com/watch?v=knQuxZj9rTA

the pen and the bomb

The bombs have taken control of our lives and this as far as the impunity game goes, playing with the psyche, playing with the monotony of our peace of mind. As each bomb explodes or is detected, reason gives way to fear which conjures up hatred even in the mildest of humans. It is a very few who could assess anything in a balanced and calm manner but that would become indifference in the eyes of the others. As Arundhati Roy states in her essay ‘The Algebra of Infinite Justice’ on the world’s reaction to the 9/11, it cannot be called indifference but augury. ‘An absence of surprise’ but then she goes on to talk about ‘what goes around eventually comes around’ which is also true in the Sri Lankan case. The never ending vicious circle of violence and bloodshed. How do we deal with this fear psychosis? Can we deal with it when it has seeped into our very breath?

The Daily News in an article (June 4, 2008) titled ‘Declining Prabhakaran and the rising Tamil Diaspora’ authored by H.L.D Mahindapala, disgustedly states the ‘ingenuity’ behind the plan of the latest bomb attack in Dehiwala, that the bomb was hurled at the train in Dehiwela after the ‘Tamils’ had got off in Wellawatte. How can anyone get away with such logic? Are we that naive to think that Tamils only live in Wellawatte? What about the Tamils that live beyond? And can we for a minute think that the Tigers would spare the Tamils and pick and choose their targets especially when targeting civilians? The so called ‘liberation’ Tigers ‘the sole representatives’ of the Tamils who kill their own kind for an ‘Eelam’, which if won will only contain the graves of the people it supposedly strived to let live. From Nimalrajan to many others and Keith Noyahr today, we are appalled at the lack of respect for the lives of many who have braved to report the truth but as with all institutions and services that are supposedly for the people, the sad lack of ethics, professionalism and progressive thoughts are in a state of decomposition with little hope of regeneration. Even though, in this article the journalist attempts at highlighting interesting issues especially the phenomenon of Diaspora nationalism and emergence of voices of dissent, this one statement is enough to throw it completely out of balance. To me it is as an insight into the callousness of the journalist’s thoughts and beliefs and as Roy also states ‘the era of manufacturing consent has given way to the era of manufacturing news. Soon media newsrooms will drop the pretence, and start hiring theatre directors instead of journalists’.

The situation in Sri Lanka today is beyond clearly demarcated lines, there is no way to point out the perpetrator void of any doubt, there is no tangibility in evidence. So as we wade through these smudged out lines it is undoubtedly essential that we maintain a balance in thought, words and action. Today there is state terror as well as non-state terror and all actors carefully fit in a jigsaw puzzle of raw and unharnessed impunity. This is an era where wars have become intra-state and are fought for political goals in order to consolidate power based on ethnic homogeneity and where the forms of mobilisation are no longer patriotism, but fear, corruption, religion and the media (Diaspora and Conflict: Locality, Long-Distance Nationalism, And Delocalisation of Conflict Dynamics, Jolle Demmers). Sri Lanka is a glowing example of this situation. Today, press sensationalism is partly responsible for harnessing the support for war, especially amongst the Sinhalese populous. The lack of professionalism and political bias further aggravate this situation making it really a sordid affair. The press has the responsibility of informing the masses of the facts, which in turn should help them decide whether a war is justified.

But what is the solution to this mess we helped create? Can we further aggravate it with insensitive journalism and the lack of positive and proactive public opinion? Can civil society become institutions dictated by log frames and donor reporting and turn a blind eye towards public activism? Sri Lanka is ready for another people’s rights movement and it is up to the media as well as the civil society to help conceive and give birth to it.

Image courtesy: Jana Werner, ©2005 Endeavors magazine.