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No more excuses, it is time to act

Tamil Guardian 18 December 2011

Now that Sri Lanka’s farcical attempt at accountability – the Lessons Learnt and Reconciliation Commission (LLRC) report – has finally been published, there can be no more excuses. The LLRC has for too long been the international community’s fig leaf, used by governments across the world, including the US and the UK, to stall calls for accountability and a credible investigation into allegations of war crimes, crimes against humanity and genocide. The commission’s inquiry, its findings and its recommendations serve only to further vindicate the overwhelming justification for an independent, international investigation. For the victims, justice is well overdue. The time to act is now.

The LLRC is the by-product of sustained international pressure following the horrific findings of the UN expert panel, and Sri Lanka’s desperation to stave off any meaningful investigation and subsequent discovery of truth. For governments across the world, it has been convenient to support Sri Lanka’s assertion that the LLRC would answer the serious allegations made by the UN expert panel. However, it should come as no surprise that the LLRC report falls far short of this. The international community’s willingness to play along with Sri Lanka’s theatrics has been dismaying and deplorable. It has revealed a shameful disregard for the much preached about doctrine of universal human rights and the proclamation of ‘never again’.

Making a mockery of any serious allegations, the words ‘war crimes’ only feature twice in the entire LLRC report. Never in the main body of the text, ‘war crimes’ only crop up during the citation of other reports by human rights organisations, one on Sri Lanka and the other on Israel. Undoubtedly, the emergence of compelling and damning evidence of atrocities, forced the commission to concede that some violations of human rights did take place. It would have simply been untenable to tow the Sri Lankan government’s long held, official line of zero civilian deaths and maintain even the pretence of credibility. Beyond this meagre admission however, the report dismisses any notion of a ‘systematic’, ‘persecution’ of Tamil civilians by Sri Lanka’s armed forces and the ‘deliberate’ targeting of civilian establishments – key assertions made by the UN expert panel – as untruths.

Criminal responsibility for atrocities is conveniently deflected from those in power. Ignoring the testimonies of a significant number of witnesses that identify a clear chain of command, and thereby command responsibility to crimes, the report urges the prosecution of individual soldiers if found guilty. Even if such witness testimony is negated, the scale of civilian deaths in Sri Lanka could not have taken place without the knowledge of the most senior military officials. International law is uncompromising in this regard – responsibility for war crimes, crimes against humanity and genocide goes to the very top. In the case of Sri Lanka, the defence secretary, Gotabaya Rajapaksa, the then head of the army, General Sarath Fonseka, and the commander in chief – the president – Mahinda Rajapaksa are principally answerable.

The LLRC itself states that Sri Lanka is unable to adequately investigate aspects of the conflict crucial for determining culpability, such as the direction and nature of artillery fire on hospitals. Although inviting international experts would be the logical conclusion of such a finding, the LLRC do nothing more than lament over Sri Lanka’s technical short-comings and proffer the LTTE as an alternative. In the complete absence of reasoning and self-confessed inadequacy of scientific investigation, such a blanket dismissal of government responsibility and guilt, underlines the commission’s partiality, prejudice and flippant attitude towards genuinely investigating all sides.

The commission’s inherent bias in favour of the state and the armed forces is laid bare in its own findings. To the LLRC, the ‘good name’ of the army was not an investigative finding, but a primordial truth, with the commission’s raison d’etre ‘to clear the good name of the Army’. The possibility of Channel 4′s Killing Fields documentary being doctored and thereby tarnishing the army’s reputation is stated to be ‘more serious’ than, as is almost undeniably the case, the footage is prima facie evidence of war crimes. Most abhorrent of all, the commission gives credence to the supposed ‘dilemma’ faced by Sri Lankan Army commanders – to protect civilians or neutralise the enemy.

Ultimately, in Sri Lanka, the impotency of any internal enquiry is a foregone conclusion. The state’s culture of impunity, its catalogue of abandoned commissions and abject failure to meaningfully implement any recommendations of previous commissions is an indisputable truth. That the LLRC was commissioned directly by the ruling regime, to investigate the actions of that regime and its stooges, and present its findings to the ruler, is beyond ridicule.

The government’s brutal clamp down on dissent and suppression of any support for an investigation into allegations of war crimes, brings into question an internal inquiry’s ability to find the truth. Together with the lack of a witness protection programme, the documented overbearing military presence during evidence gathering, and reports of witnesses being photographed and filmed by wanton by-standers, the authenticity of witness statements is irrevocably undermined. When the president has imprisoned the very man who engineered the government’s so called victory, the absolute independence of those running the commission, who were after all appointed by that very same president, is at the very least disputable.

Sri Lanka is already manoeuvring itself to further stalling measures, with the LLRC recommending a myriad of commissions, inquiries and even a ‘household survey’ to examine civilian deaths. If left unchecked such internal inquiries could span months, if not years and still fail to arrive at meaningful accountability or justice – such has been the case for over sixty years.

Fundamentally, in Sri Lanka, any internal inquiry into atrocities against Tamils will fail, not merely due to the lack of judicial independence, technical expertise and political will, but because the majority of Sri Lanka’s citizenry do not desire it. The deaths of over 40,000 civilians are not isolated incidents, devoid of forethought or intention. They constitute a deliberate persecution and targeted destruction of the Tamil nation in the Vanni – a genocide, perpetrated by the armed forces, orchestrated by the government, ignored by the judiciary, whitewashed by the mainstream press, and above all else, mandated by the Sinhala Buddhist majority. Sri Lanka cannot be left to investigate itself.

Only an international, independent investigation can justly examine crimes of such gravity and achieve the accountability and justice needed for any hope of a lasting peace. One failed internal inquiry may have been deemed a necessary formality, but with the release of the LLRC report, the world can no longer hide behind the pretence of protecting state sovereignty. To do so, not only emboldens a government that continues to brutally oppress and violate human rights, but constitutes complicity to the crime. The time to act must be now.

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HIGHLIGHTS

Tamil Affairs

Tamil Guardian 18 December 2011
Editorial: No more excuses, it is time to act

Now that Sri Lanka’s farcical attempt at accountability – the Lessons Learnt and Reconciliation Commission (LLRC) report – has finally been published, there can be no more excuses. [more]

Tamil Guardian 18 December 2011
Rajapaksa seeks time to respond to US court summons

Counsel for Mahinda Rajapaksa filed a motion for "enlargement of time to respond to the complaint" at the US Dictrict Court of Columbia, reported Tamilnet. [more]

Tamil Guardian 18 December 2011
Human rights organisations slam report, urge world to act

Amnesty International and Human Rights Watch have slammed the LLRC report’s failure to address the most serious allegations of war crimes and call upon governments to call for an international investigation. [more]

Tamil Guardian 16 December 2011
LLRC report released – ‘no intentional killings by security forces’

The long awaited report by the Lessons Learnt and Reconciliation Commission (LLRC) has been presented to the Sri Lankan parliament today.

For full report click here or here. [more]

Tamil Guardian 16 December 2011
Sri Lanka places conditions on unblocked website

The Supreme Court has ordered the unblocking of a website critical of the government. Sri Lanka Mirror was one of several websites blocked by the Sri Lankan government in recent months for propagating ‘false information’. [more]

Tamil Guardian 15 December 2011
Britain deports more Tamils despite on-going torture

Upto 50 Tamil asylum seekers in the UK are being deported to Sri Lanka on Thursday reported The Guardian newspaper.

The deportation comes despite recent reports by Freedom From Torture (a UK based torture victim NGO) and the UN Committee Against Torture detailing damning evidence of on-going torture.

Activists and campaigners have also heavily criticsed the UK Government’s failure to monitor the wellbeing of Tamils following deportation.

According to The Guardian, [more]

Tamil Guardian 14 December 2011
Can’t investigate; won’t investigate

Addressing parliament on Wednesday, Foreign Minister GL Peiris asserted Sri Lanka will not allow an international investigation into allegations of war crimes. [more]

Tamil Guardian 14 December 2011
89,000 war widows in North-East

An organisation campaigning for women’s rights in Sri Lanka has revealed there are 89,000 war widows in the north-east of the island.

Committee member for Women for Rights, Dr. [more]


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