Tuesday, 5 November 2013

Sri Lanka Hosting CHOGM 2013 : A Serious Problem

I argued that the Commonwealth was a farce, and the Commonwealth Heads of Government Meeting (CHOGM)a joke. That is not correct. I have re-written it to draw attention to an entirely different ‘event’ associated with CHOGM, the Commonwealth Business Forum (CBF).
CHOGM is not a farce. Hosting this event is an opportunity for the host country to make a lot of money. That is why Sri Lanka lobbied so hard in 2009 at CHOGM in Trinidad and Tobago to host the 2013 meeting. What goes on in the main meeting(s) might well be a farce, but the forums that accompany CHOGM, CBF in particular, is anything but a farce.

CBF is a gathering of businessmen from developed and emerging markets that aim to promote trade and investment. It is a business meeting, which has nothing to do with “Commonwealth core values”. It presents a tremendous opportunity for the ‘host nation’ to look at new partnerships and business opportunities – to hell with human rights, democracy or the rule of law.
Typically at every CBF the host country benefits most. At the last CBF (during  CHOGM in Perth, Australia, 2011), some $10 billion in deals were sealed for Australia. For Sri Lanka, a $2 billion ‘business opportunity’ is projected for the November 2013 meeting.
Since 1997, CHOGM has an ‘official theme’ set by the host country on which the primary discussions are focussed. Sri Lanka’s choice was predictable. With the ‘need’ to maintain a massive Army of some 230,000 soldiers (up from 180,000 during the ‘war’ to 230,00 in ‘peace time’, and a call to increase this to 300,000), mega-corruption, fraud, extensive bribery, financial mismanagement and stealing all the way to the top, the country is desperately in need of money.
The budget deficit of US $ 4.2 Bn (revenue US$10.2 Bn, expenditure $ 14.5 Bn) is financed from domestic and foreign borrowings especially from the IMF, putting the country deeper and deeper into debt.  Of the total expenditure of SL Rs 1.6 Tn (US$ 14.5 Bn), Rs 230 Bn is for ‘defence’, of which 88% goes to the military – to ‘defend’ the country from a non-existent enemy. The IMF, with its usual conditions of restricting social welfare and essential services which must be met, is creating massive problems for those at the bottom of the economic ladder, even higher up, which are resulting in intolerable living conditions, especially the upward spiralling of the cost of living. This is resulting in increasing unrest. A revolt in the Sinhalese South is likely.
As such, the most urgent need for President Mahinda Rajapaksa’s government is money, not advise on human rights. The predictable choice of the ‘official theme’ of the up-coming CHOGM is: “Partnering for Wealth Creation and Social Development”.
Simply put, CHOGM is the much-needed opportunity to keep the ruling Rajapaksa junta in power and prevent an almost certain uprising of the majority Sinhalese at the escalating cost of living and grinding poverty. This is already happening, and is being crushed by the Army – hence the ‘need’ for a 230,000 strong Army, by far the largest Army per capita of the population of any country in the world.
Those who think that CHOGM will afford an opportunity to hold the Sri Lankan government accountable for the well-documented serious violation of human rights and crimes against humanity that have occurred after Rajapaksa came into power (November 2005) and is continuing today, more than 4 years after the genocidal massacre of the Tamil people in the North and East, have no idea of realpolitick.
Those who attend CHOGM do not know, or want to know, what is going on behind the closed and censored doors of Sri Lanka, or the agenda of the Totalitarian State under the Rajapaksas (all of them). In practical terms “Partnering for Wealth creation” is ‘wealth creation’ for the Rajapaksa family (all of them) and their stooges.
People who think that some country, any country, will ask the hard questions on the violation of human rights, the dismantling of democracy and the separation of powers, strangling the media, interfering with judicial independence and rule of Law, and demand a response from the Sri Lankan government, do not know how these tea-clubs function.
For example, will some country ask Sri Lanka why it is necessary to have such a large Army (as President Rajapaksa was asked in the recent disastrous AlJazeera TV interview at which he was visibly shaking), and why Amnesty International (AI), Human Rights Watch (HRW) and International Crisis Group (ICG) are barred from entering the country, let alone the Tamil North and East? It will not happen. If it does, the answer from Sri Lanka will be a downright lie.
The answer will be that that the Tamil people have been ‘successfully rehabilitated’ and there are now only happy smiling (Tamil) faces in the former conflict area in the North and East. Will the follow-up question, “Can AI, HRW and ICG check that out?” be asked? No, it will not be asked because that will rock the boat which is ‘not good for business’.  That is how realpolitik operates.
Fiji is the only country in the 52 nation Commonwealth to remain suspended. No action has been taken against Sri Lanka, the country with the worst human rights record in the Commonwealth, and far worse than what Fiji did which was relatively minor in comparison to the extensive violation of the Commonwealth ‘core values’ by Sri Lanka. The double standards, one for Fiji, and an entirely different one for Sri Lanka, is downright hypocrisy.
The start
The Declaration of the Commonwealth Prime Ministers creating the modern Commonwealth (28 April 1949) stated:
''…the United Kingdom, Canada, Australia, New Zealand, South Africa, India, Pakistan, Ceylon, hereby pledge that they remain united as free and equal members of the Commonwealth of Nations, freely co-operating in the pursuit of peace, liberty and progress”.
60 years later, Queen Elizabeth II, Head of the Commonwealth, in December 2009, said:
''The Commonwealth is not an organisation with a mission. It is rather an opportunity for its people to work together to achieve practical solutions to problems”.
To put this in the current context, “the practical solutions” is to get Commonwealth countries to provide the money for Rajapaksa to solve his “problems”. That is what is needed, not advise on human rights or democracy.
In the course of its history, the Commonwealth membership has grown from 8 to 52 countries. Some have been suspended, two of them, twice. The suspension has been revoked in some, remains suspended in one (Fiji).
The aim
The (supposed) aim of the Commonwealth has been to address issues such as:
  • Opposing racism in all its forms
  • Assisting Commonwealth countries to transit to multi-party democracies
  • Promoting human rights
  • Setting an agenda for advocating and advancing the rights of small states and the vulnerable
  • Ending international and interracial conflicts.
In addition, there was the intention to provide ‘intellectual leadership’ in a variety of areas, including, through the work of Expert Groups, advancing social, political and economic rights, and the rights of women.
I will put this to the ‘host country’, Sri Lanka, (in italics) in a relevant way so that it, and the rest of the world, can hear it loud and clear:
  • Opposing racismOpposing ethnic discrimination in all its forms, anti-Tamil ethnoreligious chauvinism, in particular.
  • to transit to multi-party democraciesNot a Fascist Dictatorship, a Totalitarian State, which has destroyed all traces of democracy and made Parliament irrelevant.
  • Promoting human rightsNot violating every Article in the Universal Declaration of Human Rights – the key declaration in human rights.
  • Setting an agenda for advocating and advancing the rights of small states and the vulnerable. Not an agenda that denies all rights to the vulnerable Tamil people in the North and East. Not establishing Sinhala-Buddhist ethno-religious chauvinism as the key goal of the (Sinhalese) Government.
  • Ending interracial conflictsNot by committing mass murder, crimes against humanity and Genocide. 
CMAG
In 1995, the Commonwealth Ministerial Action Group (CMAG) was created because of the absolute need to deal with serious violations of the ‘core values’ by member nations, and to take action where it is appropriate (suspension or expulsion).
Core values
The earlier commitments to Commonwealth ‘values’ in the 1971 Singapore Declaration, and the 1991 Harare Declaration (which, in particular, dealt with serious and persistent violations of these commitments), were updated in 2009 CHOGM in Trinidad and Tobago - “Affirmation of Commonwealth Values and Principles”.
Kamalesh Sharma,the then newly (2008) appointed Secretary General of the Commonwealth, reaffirmed these ‘core values’ in the 2009 meeting as:
International peace and security, democracy, the protection of human rights, tolerance, separation of powers, the rule of law, freedom of expression, development, gender equality,  access to health and education,  good governance, safeguarding civil society, respect and understanding.
He went on to reaffirm his commitment to the core principles of:
  • consensus and common action,
  • mutual respect,
  • inclusiveness and transparency,
  • accountability,
  • legitimacy and
  • responsiveness
It is obvious that to ensure its relevance and secure its future, the Commonwealth needs to put in place effective machinery to deal with those who breach its values, particularly the protection of human rights, democracy, the separation of powers, the rule of law, and freedom of expression. Those who do so should be suspended or sacked from the Commonwealth until they comply.     
The changing record
In the past the Commonwealth has had a commendable record of responding to serious violations of Human Rights within its member countries, including apartheid South Africa and Southern Rhodesia, the excesses of Idi Amin in Uganda, and military coups in Nigeria, Sierra Leone, Pakistan and Fiji. In each case the Commonwealth has intervened in one way or another – ranging from condemnations to sanctions, including suspension.
In recent years, however, there has been growing criticism that the Commonwealth does not take a stand on violations of its values by member states, other than in the non-constitutional removal of a Government.
Serious, and entirely justifiable, concerns have arisen when one or more of the core values, which the Commonwealth has set for itself and by which it will be judged, are breached, and no action taken. Worse still, in the case of Sri Lanka that has breached most, if not all, of these ‘core values’, the country has been ‘rewarded’ by being allowed to host CHOGM.
As for the non-constitutional removal of a government, what if the government remains in power having ‘won’ a completely rigged election or an election where the political opponents are threatened or killed, and the governing party uses the media and every State facility for its propaganda, and the Police and Armed Forces to intimidate opponents, effectively making it a sham election? Is that acceptable? What is the difference between this and the ‘un-constitutional removal of a government’?
These are questions that will have to be put to Sri Lanka, where international Election monitors have expressed serious concerns of election malpractice at the recent General Election and Provincial Council Elections.
When these ‘core values’ are abused and imperilled, the Commonwealth countries must speak out. They cannot remain silent. If they do, and worse still, take no action, the Commonwealth will become irrelevant or even demise. However, the CBF will make sure that the Commonwealth limps along, because it is essential for business.
The Commonwealth ‘core values’ stated, and re-stated, are inseparable, which is why democracy and the rule of law, religious, social and cultural rights, and the safeguard of human rights must be the focus, if the Commonwealth is to be a credible.
This is not happening. There is no better example of this than what has happened, and is continuing to happen, in Sri Lanka, not only in the extensive and progressive violation of human rights, but in several other area, such as the muzzling of the media, silencing of free speech, rigged elections, the dismantling of democracy, and interference with the Judiciary and the rule of law – to mention just a few.
Human Rights
‘Human Rights’ are about the rights of people. Proclaimed in 1948 of the UN General Assembly – Universal Declaration of Human Rights, they have been elaborated in two important International Covenants (in addition to several others) :
1. The International Covenant of Civil and Political Rights (ICCPR)
2. The International Covenant on Economic, Civil and Cultural Rights (ICECCR)
More than a hundred international Treaties, Conventions and Declarations have been promulgated, invariably taking diplomats to the world’s most pleasant, and expensive cities: Geneva (incessantly), The Hague, Vienna, Rome and New York. The result has been to define and extend human rights on paper – endless reams of paper – but never seriously to discomfit a single torturer, until Chile’s General Augusto Pinochet, torturer-in-chief, was arrested in London in 1998 when he went there for a back peration. Even he escaped unscathed, thanks to the then British Prime Minister, Margaret Thatcher (his close friend), the Pope (!) and a bunch of dumb doctors who declared that Pinochet was old, weak and demented and unfit to face trial.
He fled to Chile. When he arrived in Chile, the dementia suddenly ‘cleared’ and he rose to address the crowds, looking hale and hearty. Never since Biblical times, when people rose from the dead, has there been such a miracle.
It is possible that when those in Sri Lanka who are guilty of Crimes against Humanity, and Genocide, are finally brought to face the international Bar of Justice, they too might say that it was too long to remember and plead ‘dementia’. It will no doubt be possible to find another bunch of dumb doctors to certify that they are ‘demented’ and medically unfit to stand trial. They will return to Sri Lanka, perhaps to the Mattala Rajapaksa International airport, where their ‘dementia’ will instantly disappear. History has a habit of repeating itself.
These important, but seemingly useless and toothless, International Conventions have been seriously violated by Sri Lanka and no action taken – by the Commonwealth countries or any other, it is an appalling failure to act.
Sri Lanka hosting the November 2013 CHOGM
There have been repeated international demands for an independent international investigation into war crimes and crimes against humanity, which Sri Lanka has flatly rejected. The UN Secretary General’s Panel of Experts to look into Accountability, were unable to get into the country. The International Bar Association was so concerned about what is going on that it planned to send three senior lawyers to Sri Lanka. They were refused entry visas.
The UN Human Rights Council has taken up the human rights problems in the March 2013 meeting and passed a Resolution expressing concern at what is going on in Sri Lanka. It will be taken up again at the March 2014 – hopefully with a stronger Resolution.
Every major human rights organisation in the world, AI, HRW and ICG, has published a series of damning reports on Sri Lanka. Many of these have been after the end of the armed conflict – in so-called ‘peace time’ in Sri Lanka.
If, as the Sri Lankan government claims, all the concerns expressed have been addressed and that there is now ‘no problem’, then the obvious question is why these internationally credible human rights organisations are barred from entering the country. It is clear that there is something to hide behind the closed and censored doors of Sri Lanka.
There is, in fact, a lot to hide, not only the continuing gross violations of human rights, but the dismantling of democracy, serious governmental interference with the judiciary, including the removal of the Chief Justice despite a ruling against this by the Sri Lankan Appeal Court, to mention just a few.
There are serious problems with governance, with ‘involuntary disappearances’, media freedom, murder of members of the media and those who voice a view critical of the government. There is a gross abuse of power by the ruling junta.
Providing the opportunity for Sri Lanka to host the CHOGM in November 2013 will only serve as a declaration of the Commonwealth’s indifference to human rights concerns. It will also allow a government, facing international concerns and a demand for an international investigation into war crimes and crimes against humanity, to preside over the organisation from 2013 to 2015 without the necessity of having to conduct any serious or credible investigations into the allegations it faces.
As I (and others) have said, to hold CHOGM in Sri Lanka is an outrage. To make this worse, as is customary, Sri Lanka, as the host nation, will take up the leadership of the Commonwealth for two years following November 2013 i.e. until the next CHOGM in Mauritius in 2015. That the President of a country, who has a case to answer for committing crimes against humanity, will be the “Chairperson-in-Office’ seems to be of no concern – not to the Commonwealth, and certainly not to the CBF. When trade is pitted against human rights, trade always wins. There are no exceptions.
This is a disaster that will have a serious impact on the relevance of the Commonwealth.
The British House of Commons Foreign Affairs Committee in its recent report – “Role and Future of the Commonwealth” - has sharply criticised the decision to hold CHOGM in Sri Lanka, and has called on Prime Minister David Cameron to boycott the meeting. Cameron will go, so will Prince Charles. This will confirm that trade and geopolitics are more important than human rights.
Human Rights Watch has expressed its concerns that holding CHOGM in Sri Lanka casts serious doubts on the Commonwealth’s commitment to support human rights, democratic reform, and fundamental principles enshrined in the Commonwealth’s Harare Declaration of 1991.
Amnesty International has expressed similar concerns.
Just one Commonwealth country had the integrity and decency to protest – Canada.
Canada – a principled stance
The Canadian Prime Minister, Stephen Harper, said that he will not attend CHOGM unless Colombo investigates suspected war crimes committed by Government troops during the civil war.
The Canadian Foreign Minister, John Baird, put it strongly:
" We’re appalled that Sri Lanka seems poised to host CHOGM and to be chair-in-residence of the Commonwealth for two years….Canada didn't get involved in the Commonwealth to accommodate evil; we came to combat it. We are deeply disappointed that Sri Lanka appears poised to take on this leadership role…..
Far from seeing “meaningful progress” since the last CHOGM in Perth in 2011, the Sri Lankan government had only grown more authoritarian and less accountable and open to reconciliation…..
It’s not just Canada: the Commonwealth Journalists’ Association; the Commonwealth Human Rights Initiative; the Commonwealth Lawyers’ Association; the Commonwealth Legal Education Association; the Commonwealth Magistrates’ and Judges’ Association; Human Rights Watch, theUnited Nations Human Rights Council – all of these people have come out and unanimously have said that not only has Sri Lanka not made progress, but in many instances, is getting worse”.
“Both of those actions are appalling and they show that not only have we not seen an improvement, we’ve seen a deterioration in recent months and that is causing Canada great concern”.
What has the rest of the Commonwealth done? Nothing.
The impeachment of the Sri Lankan Chief Justice, despite a ruling from the highest Court in the country, has been found to be unconstitutional, a direct violation of the rule of law and a contravention of Commonwealth Values and Principles.
The Catholic clergy in the Tamil areas
The Commission for Peace and Justice of the Catholic Diocese of Jaffna has just (18.10.2013) sent a letter to the Most Rev. Dr Joseph Spieri, the Apostolic Nuncio, in Colombo titled, “External development cannot substitute the settling of the basic unresolved issues of the people in the North and East”. It is a comprehensive document which sets out in detail the plight of the Tamil people, the need for accountability for human rights violations, and the safety of Tamil women and girls in the North and East now run by the Sinhalese Armed Forces. It is essential reading.
The Most Rev Dr Rayappu Joseph, the Roman Catholic Bishop of Mannar (in the North West) and his fellow clergy, have written volumes on the plight of the Tamil people and that if more time is given for the Sri Lankan government to do what it has  for the past 4 years, “the Tamils will cease to exist as a people”.
The UN High Commissioner for Human Rights
Navanethem Pillay, UN High Commissioner for Human Rights, who has just spent a week in Sri Lanka, she issued a scathing report of what she found in the area of human rights, the interference with the judiciary and the law, and the dismantling of democracy. She said that Sri Lanka “is showing signs of heading in an increasingly authoritarian direction”. She was actually wrong. Sri Lanka is not ‘heading in an authoritarian direction’, it is already there.
The British Prime Minister
Despite strong opposition by the British House of Commons Foreign Affairs Committee against the British Prime Minister David Cameron going to CHOGM, he is going. He intends to visit the Tamil areas. He might well be allowed to do so, but only if accompanied by a member of the Armed Forces with a note book to see who he speaks to and what was said. What will follow for these brave people is obvious.
It is likely that he will be driven to Jaffna and shown the fine new roads and infrastructure, but not allowed to have free and unaccompanied meetings with the people. That will be out of bounds.
Where will CHOGM be held in Sri Lanka?
  1. At “The Nelum Pokuna (Lotus Pond) Mahinda Rajapaksa Theatre, formerly the National Performing Theatre. This cost some Sri Lankan Rs 3,080 million, with the Chinese government providing Rs 2,430 million.
  2. The “Bandaranaike Memorial International Convention Hall (BMICH)
This was a ‘gift from the People’s Republic of China’!
Will the Chinese be there at CHOGM?
China is, of course, not in the Commonwealth and should not be there. But they will  be there for sure, just hanging around, ‘to make sure that their ‘gifts’ – where the events will take place – function without a hitch’. The Chinese are unlikely not to be ‘available’ especially if there are financial deals to be struck, which there will be at the Commonwealth Business Forum which will be running parallel sessions with CHOGM.
The invisible presence of the Chinese will surely be there – especially hanging around CBF sessions – just in case they can ‘be helpful’. The visible evidence of this invisible presence will be seen shortly.
The comment by Geoffrey Robertson QC
Geoffrey Robertson QC, Britain’s most famous barrister in human rights and a world authority on Crimes against Humanity (the title of his famous book), had this to say when he addressed a Conference on ‘Genocide in Sri Lanka’ in London (28 September 2013):
He commented on the outrageous decision to allow Sri Lanka to host CHOGM in November 2013. He referred to Navi Pillay, the UN Human Rights Commissioner, who had just visited Sri Lanka and issued a Report of her findings:
She (Navi Pillay) said that the Government (of Sri Lanka) had failed to independently or credibly investigate allegations of war crimes…….
So it is clear that soft power, arguments, and diplomatic solutions have failed to bring home, to punish the perpetrators, to bring pressure on the Sri Lankan Government and, as it proudly luxuriates the publicity opportunity, prepares to host the Commonwealth Conference in six weeks, we have got to ask what remedies might be in international law to bring the perpetrators to account.”

He went on to detail what can be done to take Sri Lanka to the Human Rights Committee, a UN body.
He ended with a direct reference to November 2013 CHOGM:
“The two – the Crime against Humanity committed by the Government against the Tamil community in 2009, and the removal of the Chief Justice which was a breach of the most fundamental rule binding the Commonwealth of Nations, should have ensured that Sri Lanka did not host the Commonwealth Conference.
Canada certainly took that view and commendably is staying away.
It is outrageous that this country (UK) is going to a forum that will allow the perpetrators of crimes against humanity to shine in the reflected glory of the British Crown. It is simply not good enough that the Queen is not going. Charles is going, perhaps as a pathetic effort to have him selected as successor. I don’t think the Commonwealth is minded to have the Windsor family as successor. They are looking for a more inspiring Head, and they will need an inspiring Head if they continue like this in giving favourable publicity to mass murderers and that is what they will be doing in November at the Commonwealth Conference.
It is a matter of great regret that countries like Australia and the United Kingdom will be seeming to give support to the Sri Lankan Government which should be in the dock. If no country is prepared to put it  in the dock, then I recommend that the Tamil community, through its international organizations, should begin to bring charges against the Government in the Human Rights Committee for a start, and should try to obtain the support of other States in order to take the matter to the World Court."

Professor Francis Boyle, Professor of International Law, University of Illinois College of Law, USA, is an international legal expert, who has won major Court cases at the International Court of Justice (the ‘World Court’).  Addressing the same meeting in London on Genocide in Sri Lanka, he said that what was going on in Sri Lanka was Genocide of the Tamil people, and went on to justify the use of this term. He said, “I say Rajapaksas to the Hague”.
Well, there you have it. The Prime Minister and Foreign Minister of a major Commonwealth country, Canada, will not be going. The Foreign Affairs Select Committee of the British House of Commons thinks that the British Prime Minister should not go. A world authority on human rights and crimes against humanity, Geoffrey Robertson QC, who lives and works in the United Kingdom,  thinks that it is an ‘outrage’ for Britain to go. A legal expert from the USA has said that what is going on in Sri Lanka is Genocide of the Tamil people. The Asian Human Rights Commission has just released a very disturbing report on “Increasing authoritarianism in Sri Lanka”. The Commission for Peace and Justice of the Catholic Diocese of Jaffna has just published a detailed report of the humanitarian tragedy in the Tamil areas.
They are views and publications that cannot be ignored – but they will be. That is why CHOGM November 2013 will go on and everyone, other than Canada, will attend a meeting which will probably be another talk-shop. The Commonwealth Business Forum will work overtime to provide the money to keep themselves enriched, and to provide the necessary funds to keep a Totalitarian regime in power.
All are Tamil Tigers
The predictable response of the Sri Lankan government is that all of us who are critical of what the Government is doing are ‘Tamil Tigers’ – irrespective of our ethnicity. “Tamil Tigers” has become a generic term to the Sri Lankan regime and its supporters. So, Navanethem Pillay, the High Commissioner for Human Rights, is a “Tamil Tigress in the UN”. So is Rt Rev Dr Rayappu Joseph, the Catholic Bishop of Mannar, (“a Tamil Tiger in a cassock”), and the Roman Catholic Peace and Justice Commission in Jaffna (more Tamil Tigers in cassocks).
Others who will be added to this increasing list of ‘Tamil Tigers’ will be Professor Francis Boyle, Geoffrey Robertson Q.C, the Prime Minister and Foreign Minister of Canada, Archbishop Desmond Tutu (who has voiced his concerns several times), and the UN Secretary General’s Panel of Experts that released a devastating Report on Sri Lanka. The list grows, as increasing numbers of people critical of President Rajapaksa and the murderous regime he leads, demand an international investigation into war crimes, and are critical of CHOGM being held in Sri Lanka. They are all “Tamil Tigers”.
So, of course, is the writer of this article, who has campaigned for six decades for the rights of the Tamil people to live with equality, dignity, safety, and now, to live at all in the country of their birth. According to supporters and apologists of the Rajapaksa regime, he (the author of this article) is just a  Sinhala-skinned ‘Tamil Tiger’, despite the fact that his cousin was the previous President of Sri Lanka.
To the Sri Lankan government and its apologists, we are all ‘Tamil Tigers’ – by definition – if we are critical of the Sri Lankan regime.
President Rajapaksa is on record as saying that there are no minorities in Sri Lanka. There are only those who love the country and those who don’t. So also in the international community. There are ‘fine people’ (those who support him and his murderous Armed Forces and junta), and ‘Tamil Tiger terrorists’ who are critical of what he and his regime do.
There has been a decimation of the ‘core values’ of the Commonwealth by tyrannical and despotic regimes continuing to be members, and even rewarded by making them venues for CHOGM. The Commonwealth has changed from one which generates hope to one where hope is abandoned.
It is now too late to relocate CHOGM. The very least that can be done is to see that the mantle of leadership (till 2015) goes to some other country. Will that happen? No, it will not, because it will ‘upset’ the host nation, and that is ‘not good for business’, which is what matters.
Given the international concerns about the gross violations of human rights in Sri Lanka, and the failure of the Commonwealth to act, there are serious doubts about the relevance of the Commonwealth. However, CHOGM has nothing to do with human rights, the rule of law, accountability, freedom of expression, democracy and good governance – some of the supposed ‘core values’. It is a talk-shop, a tea-club, and an opportunity (for CBF) to do some financial deals.
There are serious problems in Sri Lanka which I can only mention, but not deal with here. Here are some. Sri Lanka’s disastrous human rights record, the replacement of a democracy by a Totalitarian State, dismantling the ‘separation of powers’ which are the pillars of Democracy, making Parliament a tool of the Executive President, Government interference with Judicial independence, the removal of the Chief Justice and her replacement by a Government stooge, turning the Media into a tool of the Government and becoming one of the most dangerous places in the world for  independent journalists and free speech, involuntary ‘disappearances’ (the second highest in the world after Iraq), rampant corruption, a massive Army out of control running the Tamil North and East and treating the area as conquered territory and the people as ‘the spoils of war’, the need for such a huge Army of 230,000 – the highest per capita of the population in any country in the world, Sri Lanka being dragged before the UN Human Rights Council, with more to follow, a disastrous Report  by the UN Secretary General’s Panel of Experts into Accountability, the UN High Commissioner for Human Rights who, after a recent visit, said that the country is “showing signs of heading in an increasingly authoritarian direction”, an international demand for an independent inquiry into war crimes, a deluge of reports by internationally credible Human Rights organisations expressing serious concern, and the refusal by the Government to allow Amnesty International, a Nobel Prize winner, Human Rights Watch and the International Crisis Group, not to mention the UN Secretary General’s Panel of Experts, to enter the country and see what is going on behind the closed and censored doors of Sri Lanka. These are some of the problems that will have to be addressed.
This will be dealt with in another article, Sri Lanka and the Commonwealth, which will set out what can and must be done, if the Commonwealth is to maintain its credibility or what is left of it. This will need a detailed account of what has happened in Sri Lanka and the responsibility of the Commonwealth in general, Britain in particular, especially Colonial Britain which set the stage for the disaster that has followed.
*Brian Senewiratne - MA, MBBChir (Cantab), MD (Lond), FRCP (Lond) FRACP - Brisbane, Australia

Friday, 11 October 2013

GENOCIDE OF THE TAMIL PEOPLE IN SRILANKA

For some inexplicable reason, there still seems to be a problem with the term ‘Genocide’. The word has been clearly defined in the UN Convention for the Prevention and Punishment of the Crime of Genocide (the Genocide Convention).
It as adopted by the UN General Assembly in December 1948 (coincidentally almost the same time that the newly independent Ceylon, as Sri Lanka was then, had just decitizenised a million Plantation Tamils, one seventh of the population at that time, in one of the worst acts of political barbarism anywhere in the world. That was when I, a 16 year old schoolboy, decided to get involved because what was done was simply unacceptable and a disastrous start for a newly independent country).
The Genocide Convention came into effect in January 1951 (by which time the Plantation Tamils had not only been decitizenised, but disenfranchised as well).
Resolution 260, Article 2, states:
“Genocide means any of the following acts committed with intent to destroy in whole or in part, a national, ethnical, racial or religious group, as such:
(a)  Killing members of the group;
(b)  Causing serious bodily or mental harm to members of the group;
(c)  Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d)  Imposing measures to prevent births within the group
(e)  Forcibly transferring children of the group to another group
The Sri Lankan government has done all of these to the ethnic Sri Lanka Tamils who live in the North and East. The requirements to constitute ‘Genocide’ have been met.
The official definition and a popular misconception
The Genocide Convention clearly states that it is act committed to destroy, in whole or in part, an ethnic group.
Unfortunately, the popular concept of genocide is an attempt to destroy the whole ethnic group – ie all the Tamils in Sri Lanka. This is clearly wrong.
A further problem is that the media focuses on the more ‘newsworthy’ sudden outbursts of mass killing but overlooks the ‘slow’ or more ‘chronic’ killing, such as is occurring today in the Tamil North and East.
The result is that this ‘slow genocide’, despite being Genocide, is ignored.
Numbers involved
It is crucial to appreciate that the Genocide Convention does not mention the numbers that ‘need’ to be killed. It could be 50, 500, 5,000 or, as Hitler decided, 6 million. It is the intention backed by the acts to take that intention to fruition, that constitutes ‘Genocide’. (I will deal with the Srebrenica massacre later, where the murder of 7,000 Bosnian Muslim males in a ‘safe zone’ was accepted as Genocide by an International Criminal Court).
All that has to be done is to prove the intention to destroy ‘in whole or in part’ an ethnic group. In Sri Lanka, the ‘part’ is the part that lives in the North and East.
The intention is to make Sri Lanka into a Sinhala-Buddhist nation – a ‘pure’ Sinhala-Buddhist nation – in which there is no place for non-Sinhalese and non-Buddhists. This is extreme ethno-religious chauvinism, masquerading as ‘patriotism’.
There is a ‘problem’ for President Rajapaksa’s regime. If Sri Lanka is to be a Sinhala-Buddhist Nation, what can be done to the Tamils – 18% of the population? There are only 4 options:
  1. Drive them out of the country. 1.1 million have been, but there are some left.
  2. Make then non-people. This is happening in the Tamil North and East right now.
  3. Make them ‘disappear’. That is occurring at an alarming rate.
  4. Kill them. That is Genocide.
The mass killing of Tamils as a ‘solution’ to the ‘Tamil problem’, is similar to Hitler’s ‘Final Solution’ to the ‘Jewish problem’. The ‘killing fields in Sri Lanka’s North and East’ and the razor-wire fenced ‘rehabilitation centres’, replaced Hitler’s gas chambers and concentration camps. Some, not all, in Rajapaksa’s concentration camps have been released but not to their homes. They are non-people who are facing a ‘slow genocide’ (see below).
The ‘acts’ to take this intention to fruition have been amply documented in my dvd, ‘Sri Lanka. Genocide, Crimes against Humanity, Violation of International Law”, Dr Winston Panchacharan’s massive tome,‘Genocide in Sri Lanka’, the Channel 4 video, ‘Sri Lanka. The Killing Fields’, and several other publications by internationally renowned human rights groups. There has been a deluge of reports from Amnesty International (AI, a Nobel Prize winner), Human Rights Watch (HRW), the Brussels-based International Crisis Group (ICG) and even the United States Country Reports.
There is, of course, the massive publication from the UN Panel of Experts into Accountability (the ‘Darusman Report’, the most devastating and comprehensive report on Sri Lanka ever published. More reports from these sources will surely follow.
I will not repeat here what has been set out in my dvd (which is on the net or at briansenewiratne.blogspot.com). I will deal with here is what I have not dealt with in my dvds.
September 11, 2008, is a crucial day in Sri Lanka’s, if not world, history. It was the day when all humanitarian workers including international and even UN workers, were ordered to leave the war zone by the Government of Sri Lanka (GOSL). I know of no country in the world where this has been done. This was to commit ‘Genocide without witnesses’, and to make sure that the maximum number of people died.
Some of these human rights organisations remain excluded to this day, 4 years after the end of the armed conflict. If what went on before 19 May 2009 was ‘acute genocide without witnesses’, what is going on today is ‘slow genocide without witnesses’.
Gotabaya Rajapaksa, the all powerful Defence Secretary, brother of the President, spoke with the BBC. On 2 February 2009, the BBC reported, “Rajapaksa declared that “nothing should live or breathe outside the ‘safe area’”. The interview is in my dvd.
Putting this into practice, the hospital in Puthukkudiyiruppu, outside the ‘safe zone’ – the only one in the area – was bombed at least three times, with bombs that included cluster bombs. It was a blatant breach of the Geneva Convention. This too is in my dvd.
Of serious concern was that schools, with children in them, were bombed. Why kill children? Because that is what Genocide is.
Of the many atrocities committed on Tamil children, the worst was the targeted bombing of the Sencholai orphanage on 14 August 2006 (Rajapaksa became President in November 2005). Kfir jets of the GOSL dropped 16 bombs in repeated flights over the children’s orphanage killing 53 girls and 3 staff. They were well aware of what they were going because the coordinates had been supplied to them so that orphanages would not be targeted. They were.
Markets, such as the Chavakachcheri  and Jaffna markets, were specially targeted. Why.  Was it that by doing so, it was hoped that the Tamil Tigers could not get food? But the Tamil Tigers were not in the Jaffna Peninsula. They were miles away in the Vanni. Markets in the Peninsula were destroyed so that ordinary Tamil people would not be able to get  food. That is Genocide – “deliberately inflicting on a group, conditions of life calculated to bring about their physical destruction”
Hospitals, even make-shift ones, were bombed and shelled. Why? Because what was waged by the GOSL on the Tamil people, was Genocide – deliberately inflicting on a group, conditions of life calculated to bring about their physical destruction”
Hundreds of Christian Churches and Hindu Temples were bombed and shelled. Why? That is what ‘religious genocide’ is. To confirm that it was, after the conflict ended, these non-Buddhist structures were replaced by Buddhist Temples and statues of Buddha. Why, when there are hardly any Buddhists in this area? Because that is ‘religious genocide’ – wiping out everything that is not Buddhist.
In January 2009, some 350,000 Tamil civilians, men, women and children, had amassed in the government-declared ‘safe-zone’. They were bombed, shelled and machine gunned – an absolute contravention of the Geneva Convention- “The Laws of War”.
Mahinda Rajapaksa, Executive President, Minister of Defence, and Commander-in-Chief of the Armed Forces, Gotabaya Rajapaksa, Defence Secretary, Sarath Fonseka, Army Commander, and all those involved in this outrage, especially those who had ‘command responsibility’, whether in uniform or not, are guilty of war crimes and genocide and should be charged.
Evidence presented later showed that at least 40,000 people (mainly Tamil civilians) were killed, and hundreds, probably thousands more have ‘disappeared’ from internment camps set up by the GOSL, and run by the Sri Lankan military. They are responsible for the gross violations of human rights that have occurred in these camps, and later.
In their Submission to the ‘LLRC’ (the so called Lessons Learnt and Reconciliation Commission) the Catholic Diocese of Mannar (Most Rev Dr Rayappu Joseph, Catholic Bishop of Mannar, Rev Fr Victor Sosai, Vicar General of the Mannar Diocese, and Rev Fr Xavier Croos, the Representative of the Priests Forum of Mannar), produced evidence based on Government administrative centres, to show that 146,679 people were unaccounted for.
''Based on information from Kachcheris (Government administration centres) of Mullaitivu and Kilinochchi about the population in Vanni in early October 2008, and the number of people who came to the government controlled area after that, 146,679 people seem to be unaccounted for. According to the Kachcheri, the population of the Vanni was 429,059 in the early part of October 2008. According to the UN OCHA updated as of 10 July 2009, the total number of people who came out of the Vanni to government controlled areas after this, is estimated to be 282,380''

On 24 May 2009, CNN reported, “UN seeks access to Sri Lankan refugee camps”. The GOSL refused such access. What did the UN do? Nothing.
It was worse than doing nothing. On 25 May 2009, less than a week after the end of the genocidal slaughter of Tamils, the UN Human Rights Council had a two-day ‘special session’. Sri Lanka proposed a Resolution describing the conflict as a “domestic matter that did not warrant outside intervention”. China, India, Egypt and Cuba were among 29 developing countries that backed the Resolution which was passed.
Western diplomats and human rights workers were shocked. Amnesty International said, “The vote is extremely disappointing and is a low-point for the Human Rights Council. It abandons hundreds of thousands of people in Sri Lanka to cynical political considerations”.
China which provided much of the weaponry for the GOSL to commit Genocide, now wants its ‘reward’ – a foothold in Sri Lanka – a massive harbour in Rajapaksa’s home area, Hambantota, and an airport, Mattala airport, thrown in for good measure.  Sri Lanka has now become a ‘pearl’ in China’s ‘String of Pearls’ – a string of military bases across the Indian Ocean to safeguard oil supplies from the Middle East to China and manufactured goods going the other way.
China will almost certainly veto any action the UN Security Council might consider taking, genocide or war crimes notwithstanding. The implementation of the UN R2P (Responsibility to Protect) (see below), will surely be blocked.
The presence of the LTTE in the area bombed and shelled
The GOSL claims that it is the presence of the LTTE among the civilian population that was the reason for the bombing and shelling of the area. This is nonsense.  The International Criminal Tribunal for the former Yugoslavia (ICTY), a United Nations Court of Law dealing with war crimes, was quite clear on this. InProsecutor v Blaslac et al ICTY Appeals Chamber, made a clear statement:
''With respect to the meaning of a civilian population, the inclusion in a civilian population of military elements or combatants does not affect its status as civilians”
For the GOSL to claim that the North and East were militarily attacked because of the presence of Tamil Tigers is legally invalid.
The continuing exclusion of human rights groups
If, as the GOSL claims, the Tamil people ‘have been rescued from terrorists’ (meaning the Liberation Tigers of Tamil Eelam), and have been rehabilitated, then the Government must explain why international human rights groups such as Amnesty International (AI), Human Rights Watch (HRW) and International Crisis Group (ICG), continue to be barred from entering this area and checking this out. Let them see the ‘happy smiling faces’ of the ‘rehabilitated’ Tamils, who have been ‘rescued’ from ‘terrorists’. Why the reluctance?
All the evidence points to the Tamil people in the North and East facing ‘extinction’ -  a word used by the Report of the UN Secretary General’s Panel of Experts. ‘Extinction’ of a people is genocide. I will deal with this word ‘extinction’ later.
The spectrum of Genocide
Although the Genocide Convention focuses on physical genocide – killing, causing serious bodily harm and mental harm, and deliberately inflicting on a group conditions of life calculated to bring about their physical destruction, there is a lot more to it than that. There are different types of Genocide.
Types of genocide
1)    Physical Genocide – that which has been clearly defined in the Genocide Convention
2)    Cultural Genocide – eg the destruction of the Jaffna Public library with more than 90,000 books, documents and material, some of which dealt with Tamil culture.
3)    Educational Genocide – destruction of schools and preventing children from going to school
4)    Economic genocide – preventing Tamil people from setting up businesses, much of it now in the hands of the Sinhalese military, or earning a living (fishing and agriculture) by land-grabs and the relocation of Tamil people eg relocating fishermen where there is no sea.
5)    Religious Genocide – destroying Hindu temples and Christian Churches and replacing them with Buddhist shrines.
6)    Structural Genocide – destroying anything built by Tamils, and setting Sinhalese from the South in the Tamil North and East.
This is an extension of the Genocide Convention, being the “intention backed by the act of destroying, in whole or in part”, the people, their culture, education, economic existence, religion and structures.
All of these (and more) the Sri Lankan (Sinhalese) Government has done, and what is serious, is continuing to do with increased zeal, determination and alarming speed.
Ways of committing Genocide
  1. Bombing, shelling and shooting. These are ‘highly effective’ but are not the only way to kill.
  2. Denial of food, medicines and medical care.
  3. Preventing survival activities to a group (eg fishing, agriculture, employment and business).
  4. Destroying homes, hospitals, schools, markets and businesses.
  5. Making it dangerous for children to attend school by having a heavy military presence of ruthless, undisciplined, brutal men in the area who can do what they want with no accountability
  6. Forcibly sterilising women- of which there is considerable evidence.
  7. Depriving a group of people their land, and access to their place of work eg the sea and land.
Once the intention is there to commit Genocide, the ways of doing so are endless. All of this (and more) has gone on, and is currently going on, in the Tamil areas of Sri Lanka. Let me get back to the types of genocide.
Physical Genocide
Much of this has been set out in my dvd on genocide in Sri Lanka. To repeat it here is unnecessary.
There are several important points in this dvd. It shows the actual bombing and shelling of the Tamil areas, which was later documented by UK Channel 4, ‘Sri Lanka’s Killing Fields’.
My dvd shows the actual targeted bombing of the Sencholai orphanage, the Puthukkudiyiruppu Hospital, the mass slaughter of civilians in Churches (where they were asked to take refuge), of schools and the wiping out of entire villages. What I have been able to record is a tiny fraction of what went on.
Most importantly, it shows the destruction of evidence of the slaughter, the mass incineration of dead bodies, so that it will be difficult, if not impossible to collect evidence of mass killings. It has all been burnt.
Cultural Genocide
There is little doubt that successive Sinhalese governments have engaged in the cultural destruction of the Tamil people. This extends from the outrageous burning of the Jaffna Public library, one of the finest in South Asia, a store-house of irreplaceable manuscripts and books on Tamil culture, to the destruction of schools and learning facilities in the Tamil areas.
With permission from the (Sinhalese) military necessary for every event, including cultural events, Tamil culture is being put on the back-burner.
To compound the issue, school teachers in the Tamil areas are now not infrequently Sinhalese soldiers, with no expertise in teaching and even less knowledge of Tamil culture.
This is what the Sinhalese government wants to happen, whether admitted to or not. The perception seems to be that it is ‘not possible’ to have a thriving Tamil culture in a ‘Sinhala-Buddhist’ country. So, destroy that culture.
Unless this problem is addressed, one of the ancient cultures in the world will slowly die in Sri Lanka.
Educational Genocide
This is a serious matter for an ethnic group, the Tamils, who have, for centuries, put education as the top priority. No other group in Sri Lanka has given education as high a priority as the Tamils have.
Indeed, it was discrimination in education, the so-called “Standardisation of University entrance marks” in 1972 by the Sirima Bandaranaike government where Tamil students from the North had to get higher marks to enter the University, that led to the Tamil youths picking up arms. Tamil students who should (on merit) have entered the University (which was the criteria for admission before 1971), were denied admission because of their ethnicity and the area they came from (Jaffna).
At the time I was a Senior Lecturer in Medicine in Sri Lanka, and saw it all.
Educational genocide is currently being committed in a different way. As has been mentioned already, there has been an extensive destruction of schools and other places of learning in the Tamil areas. Much of this has not been rebuilt or handed over to civilian control.
School children, especially girls, are too afraid to go to school because of the widespread presence of Sinhalese soldiers and the very real possibility of abduction or a ‘nocturnal visit’. There is ample documentation that (Sinhalese) soldiers and (Sinhalese) Police simply arrive at a school, arrest students, especially student leaders, and take them away ‘for questioning’. This happens with alarming regularity.
A matter of serious concern is the relocation of Sinhalese students from the South to the University in the North, especially in the Medical and Law Faculty. The students seem to be picked more on their ethnicity than their academic ability. Tamil students are denied places in the University, since to go to the (profusion of) Universities in the South is unaffordable and dangerous (being young Tamil men they are LTTE supporters or cadre, almost by definition).
The inevitable result is to leave the country, if possible.  Hundreds of thousands have already left. Sri Lanka will deprive itself of its most valuable asset,  highly trainable and talented students. It is a high price for the country to pay for Educational Genocide.
Economic genocide
The Tamil people in the North and East have lost their homes, employment, businesses and ways of earning a living. There has been a wholesale displacement of Tamils from an area where they have lived (and have a right to live). Their homes and property have been declared “High Security Zones’. The Tamils have been permanently displaced.
The land that the Tamils have lost has been given by the GOSL to Sinhalese soldiers, and landless Sinhalese from the South in what is State-sponsored Sinhalisation of the Tamil areas.
As the economic genocide of the Tamils continues apace, the Armed Forces are taking over (indeed they already have) businesses, commerce and trade. The Tamil people are not in the equation.
Religious genocide
Hundreds, if not thousands, of Hindu shrines and Christian Churches have been destroyed. They have been replaced by Buddhist temples or just a statue of Buddha. To say that this is religious genocide would be an understatement.
Violent members of politically-active Buddhist clergy have now targeted mosques.
The political party of the Buddhist clergy (Jathika Hela Urumaya – National Heritage Party) has repeatedly brought up a motion in Parliament to ban religious conversions (for example, of Buddhists to Christians). The ‘Anti-Conversion Bill’ introduced in 2004, was challenged in the Supreme Court by the National Christian Evangelical Alliance in Sri Lanka. The Supreme Court held that it was unconstitutional because it breached Article 10 of the Constitution “Every person is entitled to freedom ….including the freedom to have or adopt a belief of his choice”.
Brought up again in 2009, and shelved because of pressure from America – a bipartisan protest by 15 Congressmen.
It has recently (2011) been brought up again!
It is interesting that in a country where 70% are Buddhists, Christianity and Hinduism are such a threat that they have to be outlawed.
Structural Genocide
This is the destruction of anything built by the Tamils, however functional it is. The best example is the decimation of the fully functional entity in the Vanni which Professor Kristian Stokke, University of Oslo, Faculty of Sociology and Human Geography, described in detail: “Building the Tamil Eelam State….Emerging State structures…” (published in the 3rd World Quarterly 27 (6) 2006).
This fully functional entity, complete with Law Courts, Banks,  hospitals, schools etc was reduced to rubble.
Of serious concern is the demolition of tombstones in cemeteries in the Tamil areas. This is not only outrageous, but has seriously affected the ‘grieving process’. To hope that this senseless act will not adversely affect ‘Reconciliation’ is absurd.
The most serious aspect of structural genocide is the Government-directed (massive) settlement of Sinhalese from the South (many of them ex-military people) in the Tamil North and East. It an attempt to permanently destroy the reality of a “Tamil homeland”, once and for all. It is ‘Sinhalisation’ of the Tami area, a demographic change which might well be irreversible.
The political implications of is this policy is that the Tamils will be a minority in the area where they are a majority. Taken to its logical conclusion, there might be no  voice for the Tamils even in Parliament. The Tamils will be “a voiceless people’. This is well underway.
The time-frame for genocide
This can be ‘acute’, ‘intermittent’ or ‘slow’.
Acute’ genocide
This is ‘mass killing’ of a population or part of a population. It is dramatic and easily recognised as genocide. This is what happened in the last 5 months of the conflict in Sri Lanka – massive aerial bombardment, shelling and shooting.
With advances in technology (mobile phones, video cameras etc), this can be seen – at least in part, by the world even if witnesses are removed.
What was not seen at the time was seen later as soldiers filmed some of the atrocities as grisly ‘war trophies’ and then sold them eg to UK Channel 4.
Intermittent’ genocide
This is repeated episodes of acute killing such as have occurred in Sri Lanka since 1983 (when some 3,000 Tamils in the Sinhalese South were butchered in a week).
The oft-quoted claim that there has been a 26 year long ‘civil war’ in Sri Lanka is certainly not true. There has not been a civil war in Sri Lanka since 1915. and that was one between the Sinhalese and the Muslims.
What there has been on post-independent Sri Lanka have been intermittent pogroms of the Tamil people by the Sinhalese government – acts of ‘intermittent genocide – the worst (till late) being in July 1983.
Then came the ‘Final Solution’, the mass slaughter after Rajapaksa became President in November 2005, and the obvious genocide in the closing months of the slaughter (January to May 2009).
‘Slow’ genocide
This is far more dangerous because it is not recognised as such. People simply wither away from starvation, lack of medical treatment, suicide or ‘disappear’.
This is what Madeline Albright, former US Secretary of State and an advisor to President Obama, called the ‘Rolling Genocide’ (with reference to Dafur).
This is what has been going on in the Tamil areas of Sri Lanka (the North and the East) since the end of ‘acute genocide’ on 19th May 2009.
If the idea of ‘intermittent’ and ‘slow’ genocide are grasped, rather than just the acute outburst of killing such as occurred in the Tamil areas in the closing stages of the conflict (January to May 2009), then there is little doubt that the events in Sri Lanka, particularly since 1983, meet the criteria of Genocide of the Tamil people.
The presence of the Sri Lankan (Sinhaese) Armed Forces and (Sinhalese) Police
The massive presence of the Sinhalese Armed Forces in the Tamil North and East (the largest per capita of the civilian population anywhere in the world), who treat the Tamils as the ‘Spoils of war’, and their land as “Conquered Territory’, is the main cause of the ongoing problems facing the Tamils in this area, including, and especially genocide.
The entire Tamil area is under military occupation. 16 of the 19 Divisions of the Sri Lankan Army are stationed in the North.
The strength of the Armed Forces is huge, and increasing;
170,000 at the end of the armed conflict
300,000 in 2012
400,000 by 2015.
The ratio of soldiers to civilians in Vavuniya in the North, is reported to be 1:3.
The Armed Forces are involved in everything, especially in civilian activities. The military own 11 hotels, many restaurants and cafes, 2 whale watching tours, 3 cricket stadiums, a 180 acre farm, a golf course, and a ferry service. These are only the ones we know about.
They do what they want to whoever they want with no accountability. It is a military dictatorship – a Police State, just as what is going on in the rest of the country is a political dictatorship – a Totalitarian regime.
Until this ‘Occupying Force’ is dismantled, (the chance is small – indeed very small), genocide of the Tamil people will continue.
It is this that makes it mandatory for international intervention – the application of R2P (see below).
Tamils ceasing to exist as a ‘people’
In February 2012, the US State Department sent two officials to Sri Lanka to inform the Rajapaksa government that the US intended to submit a Resolution on Sri Lanka at the up-coming 19th Session of the UN Human Rights Council (27 February- 23 March 2012).
19 Tamils, non-politicians, “Civil Society”, including Rt Rev Dr Rayappu Joseph, the Roman Catholic Bishop of Mannar, sent a letter (10 February 2012). It is a concise and precise letter to Maria Otago, Undersecretary of State, and Robert Blake, Assistant Secretary of State, US State Department.
It set out the concerns of the Tamil people and their expectations (and the responsibility) of the UN Human Rights Council. This letter is reproduced in full in my booklet on Bishop Rayappu Joseph (Life of a Sri Lankan Tamil Bishop Most Rev Dr Rayappu Joseph and others in danger. 6 April 2012). It is on the net and in briansenewiratne.blogspot.com.
The closing two sentences say it all:The closing two sentences say it all:
''The Governments current activities in the North and East are challenging the very existence of the Tamil people and more time to the GOSL to implement the LLRC’s recommendations will only mean further time for the Government to play havoc in the North and East and subjugate the interests and aspirations of the Tami people. If the International Community does not act now, like they did not act in May 2009, the Tamils will cease to exist as a ‘people’ in the country”
‘‘Ceasing to exist as a people’ is Genocide.
‘Extermination’
UN Secretary-General Ban ki-Moon, appointed a Panel of Experts to advise him on the issue of accountability with regard to any alleged violations of international human rights and humanitarian law during the final stages of the conflict in Sri Lanka.  Its members were:  Marzuki Darusman (Indonesia), Chair; Yasmin Sooka (South Africa); and Steven Ratner (United States).
Their findings in the 124 page, “Report of The UN Secretary General’s Panel of Experts into Accountability in Sri Lanka” (released 31 March 2011), was the most serious indictment of the Sri Lankan government ever published.
Section 251 (page 68) referred to what happened as “Extermination”
Under the ICC (International Criminal Court) Statue, ‘extermination’ includes “Intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of the population” Article 7(2)(b).
The fact that these senior lawyers with international credibility should use the word “extermination’ is highly significant.
Extermination is Genocide.
Dr Winston Panchacharam, Nanuet, New York, has put together an extraordinary book that has no equal,Genocide in Sri Lanka. It is a monumental work, a 185 page colour ‘atlas’ – for want of a better word. I strongly recommend this to you, although you might have difficulty in obtaining a copy. If you do, contact me –not that I can assure you that I can help.
It has all the photographs you need to establish the charge of Genocide.  In a heart-rending plea addressed to “Your Excellencies – Global Leaders for the protection of the Vulnerable and those Oppressed by Genocidal Acts:-
“On behalf of Global Public Opinion, the Tamil Diaspora and the Dying Race of Tamis in Sri Lanka, we appeal to Your Excellencies – Global Leaders to act quickly and follow through to protect the dying Tamil Race in Sri Lanka. Justice delayed is Justice buried”.
The book ends with the dramatic (and crucial) question (in big red letters!)
Is the word GENOCIDE important?
Is it important to establish that Genocide of the Tamil people, has happened and is continuing to happen, in Sri Lanka to this day? Yes it is. It is not just a matter of words.
Genocide constitutes clear and uncontestable grounds for the application of R2P (Responsibility to Protect). The UN was very clear about this in the Report of the Independent Inquiry into the Actions of the United Nations during the 1994 Genocide in Rwanda. UN Document s/1999/1257 :
“There can be no neutrality in the face of Genocide”
R2P – Responsibility to Protect
Following the genocide in Rwanda and the failure of the international community to intervene, former UN Secretary General Kofi Annan asked the question, “When does the international community intervene for protecting populations?”
The Canadian government established the International Commission on Intervention and State Sovereignty (ICISS) in September 2000.
In February 2001, at the 3rd round table meeting of ICISS in London, Gareth Evans (former Australian Foreign Minister and later the CEO of the Brussels-based International Crisis Group from 2000-2009), and others, suggested the phrase “Responsibility to Protect”.
In December 2001, the ICISS released its report “The Responsibility to Protect”. The report stated that sovereignty was not a right but a responsibility, and that the international community had to prevent mass atrocities. Economic, political and social measures were to be used along with diplomatic engagement. Military intervention was to be used as a last resort.
R2P included bringing security and justice to the victim population and of finding the root cause of the mass atrocity.
The fact that R2P was not able to be invoked, and that at least 40,000 people were killed in Sri Lanka and some 150,000 were unaccounted for, is a practical failure of R2P.
It is time that this failure is addressed, and R2P applied in Sri Lanka, since the Tamil people in the North and East need ‘Protection’.  All four cardinal features of R2P – Genocide, War crimes, Crimes against Humanity and Ethnic Cleansing – have occurred in Sri Lanka, and disturbingly are continuing to occur.
The Srebrenica massacre
In considering Genocide in Sri Lanka, it is very important to look at the Srebrenica massacre.
I will briefly summarise this but a detailed comparison is very important. Time and space do not allow me to do this here.
The slaughter of 7,000 Muslim males in Srebrenica, has been declared as ‘Genocide’ by an International Criminal Tribunal. Yet the slaughter of ten times that number of civilians in Sri Lanka has not been taken up.
In April 1993, the United Nations declared the besieged enclave of Srebrenica in the Drina Valley of north-eastern Bosnia a “safe area” under UN protection (In Sri Lanka the GOSL declared a large area in the North East, a “safe area” but there were no UN protectors).
Despite the UN protectors, in July 1995, the United Nations Protection Force (UNPROFOR), a 400-strong contingent of Dutch peacekeepersDutchbat, did not prevent the town’s capture by the VRS and the subsequent massacre. The VRS was the Army of Republika Srpska under the command of General Ratko Mladić. (In Sri Lanka, it is General Sarath Fonseka, working directly under Gotabaya Rajapaksa, Defence Secretary, and President Mahinda Rajapaksa, Commander-in- Chief of the Armed Forces).
In 2004, in a unanimous ruling on the case of Prosecutor v. Krstić, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY), in The Hague, ruled that the massacre of the enclave’s male inhabitants constituted genocide, a crime under international law.
The forcible transfer of between 25,000 to 30,000 Bosniak women, children and elderly which accompanied the massacre was found to be confirming evidence of the genocidal intent of members of the VRS Main Staff who orchestrated the massacre. (In Sri Lanka, the forcible transfer of some 300,000 Tamils and Muslims to razor-wire fenced concentration camps on the orders of Defence Secretary Gotabaya Rajapaksa and President Mahinda Rajapksa – the “Main Staff” in the Rajapaksa government dealing with the war).
Then in 2005, in a message to the tenth anniversary commemoration of the Srebrenica massacre genocide, the then UN Secretary-General Kofi Annan issued a press release (UN Press releasee SG/SM/9993UN, 11/07/2005) stating that, while blame lay first and foremost with those who planned and carried out the massacre and those who assisted and harboured them, great nations had failed to respond adequately. The UN itself had made serious errors of judgement and the tragedy of Srebrenica would haunt the UN’s history forever.
After a visit to the Rajapaksa’s internment camps, UN Secretary General Ban ki-Moon said, “I have travelled around the word and visited similar places, but this is by far the, the most appalling scenes I have seen”.
What did he do? He spent some 15 minutes in the camp, was garlanded, he smiled, and left. That was it. Did he take this up with President Rajapaksa or his brother? I have no evidence that he did.
A disturbing scenario of fascism
I have no proof that President Rajapaksa, his all-powerful brother, Gotabaya, former-General Sarath Fonseka or someone influential in the Rajapaksa junta studied the details of mid-twentieth-century fascism and totalitarianism, but there is suggestive evidence.
The ‘war’ has now been over for 4 years (19 May 2009), but there are more than 200,000 members of the Sri Lankan (Sinhalese) Armed Forces in the Tamil North and East. Who is the enemy? The Tamil Tiger ‘terrorists’. But they have been crushed. The new enemy are imaginary Tamil Tigers in ‘sleeper cells’, waiting to suddenly appear and create mayhem.
‘Sleeper cell’ is from Stalin’s Russia, where propagandists said that imaginary cells, consisting of “international capitalism” (in Sri Lanka – the expatriate Tamils and others who are calling for an independent Tamil State, Eelam), have been sent to infiltrate Soviet society. These secret agents would pose as good Soviet comrades (in Sri Lanka – law abiding Tamils in the North and East), living quietly among their neighbours but just awaiting the day when, at a signal, they would rise up and commit mayhem.
Sri Lanka is still on a “war footing” with is imaginary enemy (the crushed Tamil Tigers). ‘War footing’ is an interesting word. It is also an odd choice of words. Sri Lanka is not actually at war. That ended on 19 May 2009. What then is a ‘war footing’ and the ‘need’ for this massive (Sinhalese) Army in the Tamil area? What is interesting is that Nazi leaders explained after the Reichstag fire, that Germany, which was not actually at war, was from then on a permanent “kriegsfusz” – literally a “war-footing”.
The Rajapaksa junta claimed that what occurred in the Tamil North and East was a “massive rescue operation” (to rescue the Tamil people from Tamil Tiger terrorism) and that once this is done, the Tamil people will welcome the ‘Liberators’ ie the Sri Lankan Armed Forces. Interestingly, when the German army occupied the Rhineland, Nazi propaganda asserted that the troops would be welcomed as liberators.
I cannot prove that President Mahinda Rajapkasa or his brother studied Hitler’s regime, but when the President says (as he has) that not a single Tamil civilian was killed by the Sri Lankan Forces (it was all the work of the Tamil Tigers), and that his Army (one of the most disciplined in the world!) went to war with a gun in one hand and the Human Rights Convention in the other, it does remind one of Adolf Hitler and Joseph Goebbels “Big Lie’ – that if a lie is audacious enough and repeated many times it will be believed.
The importance of all this in this paper on the Genocide of the Tamil people, is that until the ‘liberators’ – the Sinhalese Armed Forces and Police are removed from the Tamil areas, the ‘slow genocide’ of the Tamil people will continue.
There you have it – be it Bishop Rt Rev Rayappu Joseph’s “Tamils ceasing to exist as a ‘people’” or the UN Panel of Experts ‘Extermination’, or Dr Winston Panchacharam’s ‘The Dying Tamil Race in Sri Lanka’, it is Genocide.
I will close with another look at that last page of Dr Panchacharan’s book, ‘Genocide in Sri Lanka’
IF THIS IS NOT GENOCIDE, THEN WHAT IS IT?
BRIAN SENEWIRATNE                                        BRISBANE    AUSTRALIA