Question of human rights

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New Left Front Leader Dr. Wickremamabahu Karunaratne blames the Government for its human rights record and member of the Government peace delegation and veteran lawyer Gomin Dayasiri says that the LTTE is trying to get down a UN peacekeeping force.

Q: Many NGOs and INGOs blame that Sri Lankan human rights record is being depleted. What is your analysis?

W.K. : Actually the situation has gone from bad to worse due to the escalation of the war. Both parties are trying to kill each other. The Government has taken measures in Sinhala areas particularly in Colombo to arrest LTTE suspects. But violation of the existing laws and human rights has occurred in that process. Tamils are subjected to political abductions. Such abductions are taking place not according to the Emergency Regulations. The PTA and Emergency Regulations have stipulated certain guidelines to follow when arresting suspects. But the Government has gone beyond that with disappearing suspects. We cannot expect people to believe that Prabahakaran is abducting people in broad day light in front of the Pettah Railway station.

G.D.: Human Rights in Sri Lanka are essentially governed by various principles of law. Fundamental Rights cover important areas of human rights. The Human Rights Commission (HRC) which is supposed to be the supreme body as far as human rights is concerned. The civil society too monitors human rights. Then enforcement of law and order ensure rights of people. In that context, Sri Lanka has the machinery within the country to ensure rights of people except areas where Prabahakaran is in control. The voice of dissent is permitted and also freedom of expression is inherent in the Constitution. Often media has challenged any voice of protest. The Supreme Court is strong enough to assert itself and ensure the rights of people. Number of cases came before Courts on torture, improper punishment and unlawful detention have been prevented by Court orders. Nobody up to now says that the Sri Lankan courts had been unfair in the administration of justice as far as torture and detention are concerned. We have got an infrastructure that is comparable to that of India and certainly advanced in the South Asian context to safeguard human rights.

Q: The Government is in the process of cracking down the LTTE operatives. Don't you think that minor incidents are exceptional in such a situation?

W.K.: You are saying that the war is illegal. Obviously, they are doing illegal operations and claim that its part of the war against the LTTE. The point is that, if the Government is fighting to safeguard democracy, the Government cannot work as the LTTE. The LTTErs are insurgents working against the Constitution. All their operations are illegal and criminal according to the law. The Government cannot follow their footsteps. Should the Government behave like insurgents? If there is an insurrection, there should be a political action side by side to minimise military operations. All military leaders, specially the late Kobbekaduwa said this is not a military matter. If the Government is not considering such ideas, I don't think that they can ever solve this problem.

G.D.: There is a war going against a terrorist organisation and counter terrorist operations have to be carried out which may lead to certain human rights violation. But the Government has to do it for the greater interest of the country, line what they Americans and Russians have done. The UN monitors have not gone to inspect global network of prisons of America in many countries.

Q: Can any Government assure hundred percent Human Rights when cracking down an insurrection? Best examples are Kalistan, Chechnya, Shining Path in Peru, Revolutionary United Front in Sierra Leone, etc.

W.K.: That is why we are saying the Government is violating human rights. If the Government says that we are fighting a war and unable to protect human rights and under hand operations have to be done, well, that mean they violate human rights. Then we are urged to stop the war because none of these struggles you mentioned were suppressed by military methods. Eventually certain autonomy had to be given to insurgents.

G.D.: By now there would have been application to the Supreme Court for violation of human rights specially dealing with torture and detention if there were suppression of rights. There have been few such cases and those have been dealt with. There have been no complaints so far. So we have the machinery locally to attend to such situations. We can benefit if the international community help us to develop our own internal management systems of safeguarding human rights but certainly not sending a UN Peacekeeping Force. We have to strengthen the HRC with competent and strong personalities to lead the HRC. You have to understand difficulties and work out a system to control human rights violation. It should be done locally only.

Q: The LTTE front NGOs and individuals are accusing the Government for the violation of Human Rights. But why are they dumb over the LTTE atrocities like Kebethigollawa?

W.K.: The LTTE is not a Government or a state but an insurrection and guerrilla organisation. That is what guerrilla organisation is for. That is what Balasingham said that they are killing people to violate the law and make an issue. If you say the LTTE is a governing body and Kilinochchi is the Capital and been recognised by UN, then of course the UN will investigate the human rights violations of the LTTE. At the moment they have not recognised as a state. It is an organisation aspiring to be a state. So we can't apply human rights condition to the LTTE. On the other hand, UN law recognise a national insurrection. Even with the LTTE we can question why they kill people. The LTTE can be questioned if dissenting voices and women and children have been killed. But killing of political and military persons who are in the operation can't be questioned because they are in the insurrection to attack Government and the state.

G.D.: NGOs are trying to given bad image to Sri Lanka with the objective of bringing international players to hamper sovereignty. UN Forces have been accused for raping children and committing many other atrocities in Kosovo. Did they stop massacre? What is happening in Sierra Leone and Somalia? Where ever third forces have gone, they have not been able to prevent this kind of incidents. What is happening in Ache? Still problems are looming with third forces. These issues should have been solved internally.

Q: The US Government introduced Patriotic Act to deal with terrorism. Don't you think that even Mahinda Rajapaksa's Government was forced to tackle this situation with stringent laws?

W.K.: The problem is that a group of people are fighting for a national liberation and many have recognised their efforts. Without recognising them you can't compare here to America. Even in America black people have fought for equal rights. All Acts enacted at that time were attacked by human rights campaigners blaming that draconian laws have been enacted against their own people. But after September 11, Americans are hunting attackers abroad. They are involved in Iraq and Middle East issues adding another unsolved problem to the world. Here there is no outside force or Al Queda attacks but Tamils are fighting for their rights. If you want to see similarity you have to equate with the black people issue but not Al Queda.

G.D.: Not only the Patriotic Act, recently a Military Commission Act was introduced in US. Rights extended from this Act are much worse than rights offered to Nazis at Nuremberg. These are absolute necessary requirements when dealing with terrorists. Americans have realised it. Even the British have similar Acts. We find this kind of criticism from Human Rights organisations in UK and US. We have to be concerned about certain NGOs which are exaggerating the real situation here in order to get down international forces. We have to be aware of that because that is not going to be an advantage to Sri Lanka but to the LTTE.

Q: Why are many NGOs are talking about human rights suddenly. Is it because the LTTE was defeated in the East and fearing another military operation in the North?

W.K.: They may be talking about human rights to stop military operations or to put the Government in disarray. That may be the purpose. But we talk of human rights for the benefit of the voiceless people. My stand is that the Government violates human rights not only because of Tamils but all communities. The Government operations against the Tamils are illegitimate and unnecessary. Majority of Americans are against Bush policy on security arrangement. They believe Americans are insecure in the whole world and have started a struggle against Muslims claiming that every Muslim is a terrorist. In that sense, it is similar to Sri Lanka. In Sri Lanka all dead Tamils are terrorists. Anybody speaks for Tamil liberation or human rights are terrorists. Those who do not support the Bush policies are considered terrorists. All Muslims are checked. It has become a racial issue in US. This Government as also fallen into that category.

G.D.: The LTTE is not fighting the war according to the decent warfareduring the last 30 years. They use barbaric and inhuman methods in pursuing military operations. In fact most Tamil persons who have expressed voice of dissent have been tortured and killed. The LTTE will resort to any barbaric act to achieve their goals. Forces cleared them from the East and of course now may be in fear of another military operation in the North. Americans have prisons out side the American jurisdiction to deal with Al Queda terrorists. You have worse human rights situations in Asian countries like Balukistan, Bangladesh and Maldives. Even in Nagaland and Assam in India. So we have to convince the international players that these are situations that are not exception and peculiar to Sri Lanka. The NGOs know very well that the Government is very effective on the war front for the first time and the LTTE is under grave threat. They want to negate the Government successful achievements on the war front by bringing UN forces and discrediting Sri Lanka.

Q: Abduction allegations are levelled against the Government. Is this another ploy of the LTTE to discredit the reputation of Sri Lanka?

W.K.: If the Government is using the law to crackdown any activity means the Government is answerable to the Court of law or some other authority. But conducting covert operations are not answerable to any authority. The Government is maintaining Para militaries and some other Tamil organisations for its benefit. They need money and I don't think that the Government can give them money. But money has to be accumulated for their survival. That is why they collect ransom. Minister Radhakrishnan said that Tamil businessmen have been asked to give ransom. The Government is allowing Para military organisations to make money to build up their organisations.

G.D.: Law enforcement officers should be able to find who the real offenders are. The Government does not want to abduct people. There are so many groups including underworld engaged in such acts. One of the most important things is that we need international forces to help us to totally decommission arms groups including the LTTE. Abduction can happen as along as paramilitary groups are in operation. We had the same situation in 1983-88. Nobody at that time called for a third force. Where were all those human rights activists at that time? At that time international forces were not backing the JVP insurrection.