4 October 2011, 7:30 pm

    by R. M. B. Senanayake

    Since the end of the war against the LTTE, there have been allegations that our troops violated human rights of the people both those engaged in combat as well as of civilians. There are allegations that the troops bombed civilians who had been asked by the Government to enter the declared safety zones. There are allegations that hospitals were bombed in violation of the Geneva Conventions.

    The Government in reply says it undertook a humanitarian operation to save the civilians from being used as human shields by the LTTE.

    The Government may have genuinely intended to carry out a humanitarian rescue operation but it is pertinent to ask whether the Field Commanders took adequate precautions to minimize civilian casualties. There is also the allegation of disproportionate force against the combatants for the laws of war allow only proportionate force against the enemy.

    Opponents also say that troops acted as if Tamil lives were dispensable. There are also allegations that the authorities deliberately understated the number of civilians in the war zone to reduce the amount of food supplied by the International organizations, which could be tantamount to starving people – a violation of humanitarian laws. There are further allegations that the media and journalists were cowed into silence about what happened during the last stage of the war and that the freedom of the media was severely curtailed and journalists were threatened with death. We do know that several journalists were killed or abducted although we do not know who was behind these incidents. But those directly involved in such efforts must be held accountable if our freedoms are to be safeguarded.

    The Darusman Report has stated that these allegations are credible and recommended a further investigation by the UN. The Government has taken up the position that any investigation by the UN would be a violation of national sovereignty. Human Rights Organizations however maintain that massive violations of human rights, such as genocide and crimes against humanity, warrant intervention by the UN, even if it causes some tension or disagreement. Our lawyers and intellectuals however point out that similar or worse allegations have been made against the Western Powers who are waging war in Iraq and Afghanistan but that there is no outcry against them by the UN.

    True indeed since the UN is unable to assert its independence in relation to the Big Powers in the Security Council. So violations of these laws by USA, Russia, and China cannot be investigated because of the veto power of the Security Council Members. Many would argue that the veto power of the permanent Members of the Security Council should be abolished. This is no doubt necessary if the UN is to be an effective body in supervising the enforcement of human rights, humanitarian law and the laws of war. The Big Powers need to be held accountable in the same way as the small states.

    But the inability of the UN to act against the Big Powers does not detract from the need to uphold these laws and to hold accountable others violating them, just as the failure to hold accountable drug peddlers and murderers who belong to the ruling party does not mean that the Penal Code should be ignored when others in society commit crimes. Meanwhile, Human Rights Organizations continue to agitate against such crimes committed by the Big Powers on their own soil.

    To protect human rights is to ensure that people receive some degree of decent, humane treatment from the State. To violate the most basic human rights, on the other hand, is to deny individuals their fundamental entitlements. It is, in a sense, to treat them as if they were less than human and undeserving of respect and dignity. Acts typically deemed “crimes against humanity,” include genocide, torture, slavery, rape, and deliberate starvation. There is a tendency among people to treat others outside their community as less than human.

    International laws relating to human rights and humanitarian law are applicable to individuals as much as States. One of our diplomats accredited to the Swiss Government has had to return to the country because of the threat of being charged in the courts of that country. Another diplomat posted to the United Nations Organization and based in New York has received summons from a U.S court.

    The government keeps telling the public that these allegations are false and are all part of a conspiracy against it by Western Powers. May be so. But the obligation to investigate and punish those who violate human rights and the humanitarian law is firstly with the State of which these persons are citizens.

    So allegations against our Army officers must be investigated by the Sri Lankan State. This duty has been cast on the LLRC. Let’s hope and pray that the LLRC will do its duty despite the skepticism of Human Rights groups abroad. We do have much greater freedom now than earlier. President Mahinda Rajapaksa stated that there was no need for the Emergency to continue and allowed it to lapse. But the military is still called out under the Public Security Ordinance which is legally justifiable only if there is an emergency situation in the country.

    Are we having the comparatively freer atmosphere now because of the pressure of the International Community to observe international standards regarding human rights?

    As for the Armed Forces, they are obliged to uphold human rights and humanitarian laws and hold individual soldiers accountable for their violations. Such action promotes better discipline and promotes professionalism within the forces and provides avenues of redress to the victims. This will improve relations with civilian populations particularly the Tamil population, since the army is deployed in the North.

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    9 Comments

      1. SriLankan says:

        October 4, 2011 at 11:19 pm

        There are glaring instances of HR abuse such as the murder of aid workers in Mullativu, the killing of students at Trinco, the disappearances of christian clerics after being taken into custody, the killing and attacks on journalist which the Govt has obstructed and killed any invesigation.

        Likewise there is bound to have been some abuses during the course of the war. In fact even now several crimes are being committed by deserters and members of the Police and forces. So we should not pretend that our people are angels. Govt should investigate and come down hard on such criminal elements. Then only will people be satisfied.

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    • Sam says:

      October 5, 2011 at 4:34 am

      This government (Particularly the Rajapakse regime) can’t investigate the atrocities perpetrated by the armed forces because it was this same government that gave them the freehand, and of course, the encouragement to commit these hideous crimes.

      Therefore there is only one thing they can do: Pretend as if nothing untoward happened during the war, the people were ‘liberated’ in this ‘Humanitarian operation’ and they are all living happily ever after.

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      2. Ambalangoda man says:

        October 5, 2011 at 2:31 am

        I agree with this article. I am an Sinhalese Buddhist who sincerely loves Sri Lanka. I think it would be the best for Sri Lanka to hold an impartial inquiry and find the truth on what happened. We should not be scared about the truth. The Rajapakses and the army generals will go some day. But we need to what is best for Sri Lanka on the long term. Otherwise the Tamil eelamist will keep telling lies that the SLA killed 40,000 innocent Tamil civilians (completely ignoring the responsibility of the LTTE and themselves for funding the LTTE). They will keep using this as propaganda for their cause for the next century or so. We should know the truth on what happened. The Sinhalese keep talking about the double standards of the west. This may be true, but they are powerful countries that Sri Lanka cannot tangle with and win.

        Everyone know there was some human rights violations. No army can fight a war with a crazy enemy like LTTE without building some hatred towards them. Once these guys were cornered it is most likely some of them were killed after they surrendered. But large scale deliberate killing of Tamil civilians never happened.

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    • I’m Eelam says:

      October 5, 2011 at 10:11 am

      let us wait and see the revised mahavamsa.

      I’m Eelam

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  3. Patta Pal says:

    October 5, 2011 at 2:42 am

    The current status of the abuse of power by the Security Forces is just an extension of the wartime period and accordingly nothing has changed, as the Security Forces believe they are above the law. Until they are prosecuted with the full force of the law for current crimes taking place every day in Sri Lanka first, and then a thorough investigation by the Sri Lankan authorities within Sri Lanka of allegations that are credible, needs to be carried out without further delay.

    I have my doubts but I await the reports of the LLRC before commenting on whether these issues are addressed and recommendations made for the Government to immediately act upon.

    So lets start with a full impartial investigation into alleged crimes by the security forces today, and then work backwards, so that the clear message will go back to the security forces that they are bound by the law of the land.

    We have had two deaths in Police custody just this week, so let us start with that.

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  4. Punchinilame says:

    October 5, 2011 at 4:36 am

    Very welcome instance of a Sri Lankan expressing this, despite the

    Consulants of the State – Rohana, Rajiv, Dayan combine think otherwise.

    The UN Panel Report appointed for the very purpose has found credible

    evidence and this will be followed up inspite of what the LLRC may

    have to say, in the distant future as a wide lobby exists. The photographic evidence is daming enough to commence with. The victims

    are being harassed in many ways and a vendetta maintained at every turn.

    Reply to this comment

  5. Chinese Charm says:

    October 5, 2011 at 8:24 am

    The accused can not investigate him/herself and be impartial.

    Reply to this comment

  6. Navem says:

    October 5, 2011 at 2:56 pm

    Completely agree; if no one is guilty of HR abuses, why does not the Government hold an open and credible inquiry and clear these allegations, once and for all. We can all then get on with the business of developing the country, post-war.

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  7. Marzook says:

    October 6, 2011 at 6:01 am

    Another straightforward view from RMBS as he has has done in relation to several other important issues of our country. Unlimitted poweres given to the Security forces of Sri Lanka has always been used excessively and have cuased numerous unnecessary deaths beginning from 1947 even at eve of gaining Independance. A protesting worker, Kandasamy, was killed by Police shooting on 15th June 1947; six people were killed again by Poloice shooting during the 1953 hartal; several Tamils were hurt and injured during the infavous Emergency 1958 and also in the following years;innocent Prema Manamperi was raped and buried half-alive along with several others in Galle Dadella Cemetery in 1971; again several innocent youths were torture (remember the Batalanda Torture Chamber)and hundreds killed during the 1988-89 period. No proper inquireis were held to bring to book the perpetrators of these crimes. Fake Commissions were appointed which never came out with recommendations or even if there were they were not implemented. Even after the ending of the war we can how the forces behave in the South of the country: arbitrary arrests and detention, shooting, suspected deaths while in Police custody. This practice, which has become habitual of Security forces. It has to stop at some point to save innocent liver. Initiatives of the international community and organisations are given distored views to hoodwind the people to gain political mileage. All what the Sri Lanka Govt. is told to conduct its own inquiries on the allegations during the war. Is this not a reasonable stand so that no faults could occur in the future. It is natural that, as a Member of the International community, Sri Lanka will have face international action if (Si Lanka) does not take its own initiatives to correct its own faults. What the West had done in Afghanistan, Oraq or anywhere is not an excuse for us not to do the right thing for the safety of our own peoples lives.

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