ACF reveals its humanitarian face
By Gomin DAYASIRI
It is in the zone of the bizarre to the bewildering. Action Contre la
Faim (ACF) the controversial French NGO made a dramatic entry to the
sittings of the Presidential Commission of Inquiry into Human Rights
Violations purporting to safeguard the interest of their deceased
employees but soon took to heel when the relatives of the deceased
employees, turned tables and blamed the ACF for negligence and holding
their employer answerable for the 17 deaths.
The passage of the ACF to the Commission was ushered by a
representative for the Eminent Foreign Persons (IIGEPP) who was the
official foreign observer at the Commission. Inviter IIGEP departed
blaming the Commission before the invitee ACF did likewise. In another
vaudeville cartwheel IIGEPs complimented the Commission for their work
in earnest. The Government should take blame for opening the floor to
such burlesque entertainers.
ACF sneaked out of the Commission nary a word. Was it that they could
not stomach the outbursts of the wailing parents? Or they could not face
reality of the situation of their looming liability? Or were they guilty
of negligence of which they were being targeted that made them play
truant? Or did they desire to escape from their impending imminent
strictures?
Walking out of a Commission without an explanation is a contemptuous
act. It is more than an ethical nicety to tender an explanation-it is a
legal obligation. They had the benefit of both local and foreign legal
advisors for assistance. Least they could have done it to tender an
explanation through counsel retained. At least they could have tendered
an explanation in writing from far away Paris. None was forthcoming.
Still the Commission is unaware of the reasons for slinking after having
obtained the right to represent as the employer of the deceased persons,
possibly on the premise, to safeguard the interest of their late
workers. Can they throw to wind the obligations they undertook to
perform and take flight to Paris especially where their own conduct was
now in the dock due to evidence of the family members?
Having closed in haste the office in Colombo, remaining insulated in
Paris the ACF circulated worldwide a report condemning Sri Lanka for
human rights violations, the Commission and its investigation officers
and its Counsel, the Attorney General's department and the local
judicial system. If they had issued the report from Sri Lanka they would
have much to answer in terms of the law of contempt as a party
represented at the Commission and leaving without permission and an
explanation. Now the ACF by their conduct makes itself a necessary party
at the Commission as reparation to the next of kin is a mandated feature
in the warrant issued to the Commission.
Commission has in the circumstances announced that the ACF would be
summoned to appear. Rightly so, no party carrying an obligation which
was voluntarily undertaken can take refuge by running away. The
relatives have claimed that their children were dispatched to Mutur by
ACF before making a proper assessment and ascertaining the realities on
the ground.
Thereupon a dubious decision was made to hold the workers captive on
the orders of the employer in keeping them bonded in the office premises
in Mutur. Surely a refugee centre with hundreds of refugees under the
control of authorities -both private and official- has better protection
than the premises of an NGO, which had lost access and maintained only
telephonic contact to its branch sans any protection provided. The
culpability is more; knowing that the adjoining premises (General
Hospital-Mutur) was shelled on the first day of the clashes. If the
general hospital is subject to attack what protection can the
neighbouring office premises of a NGO expect? Yet the employees were
gated in office. For these decisions ACF officials are answerable on the
test of due diligence of an employer.
Notwithstanding the pleas of the deceased workers themselves, and
calls from a high ranking public servant and a prominent clergyman
asking the workers to leave the premises and move to a refugee shelter
the employer forbid their employees to leave because of the difficulties
they would encounter in collecting them when ACF officials arrive in
their vehicles from Trincomalee. ACF was aware that the road to
Trincomalee was not open to traffic. Probably to trace the workers in
refugee camps was thought to be tedious and uncomfortable to those in
the NGO community used to comfortable lifestyles when stationed in
distant outposts. To an international humanitarian organization personal
inconvenience appears to outweigh the importance of the right to life of
17 poor and destitute natives. The evidence has revealed that at the
helm was a recently arrived Frenchman in Trincomalee whose knowledge on
local affairs appears to be scanty. The report of the ACF declares
directions on Mutur situation was issued from their offices in Colombo
and P aris.
The rest of the Mutur refugees left the city to safety carrying even
their chicken. However the ACF with 3 vehicles at their disposal at the
Mutur office with 3 drivers failed to move a single worker to safety.
The evidence on record reveals people in Mutur left the city on every
available vehicle while the ACF vehicles remained in the garage.
The parent of a deceased worker in a letter to the ACF has asked the
Paris based ACF headquarters "Is this the manner a so called
humanitarian organization acts in respect of their deceased employees
after being responsible for their death? Is this the way, an institution
which talks of humanitarian achievements globally, treat employees and
give instructions which lead to their death and run away after paying a
pittance? They should be made accountable."
The deceased persons families were paid around 2 years compensation
plus a bonus linked to family status and a consideration of the
seniority of the employees within the ACF according to unofficial ACF
sources. Is it compatible with European or French standards; if it was a
national of such a European national who met with their deaths in
similar circumstances? Could they have slipped out after paying around
US$ 4000? On a comparison of compensation packages by Sri Lankan
standards this is grossly inadequate where there is death resulting
during the course of employment.
There is liability under the law of delict where there is a lack of a
duty of care by an employer and in the law of employment for an act
caused due to the orders of an employer which the employee obeyed. Have
these workers being paid their statutory dues of provident and trust
funds? If not would ACF be guilty of statutory offences punishable with
imprisonment as an errant employer? Is this a case where a humanitarian
organization which has closed its office in Sri Lanka and stealthily
left the shores without an explanation without paying proper
compensation and damages and informing the relevant supervisory state
authorities of their due discharge of their lawful obligations.
The tragedy is that the "good samaritans in these humanitarian
organizations" are well aware that the poor victims come from humble
origins and can be used and disposed and their families do not have the
economic strength or the intellectual fibre or support of state forces
to take issue with them and challenge these organizations in proper
forums and unmask these lords of poverty and exhibit when it becomes
necessary as plundering inhumane missionaries whose agenda is "to do a
little good to extract a pot of gold from their financial patrons".
Should they additionally succeed in internationally discrediting Sri
Lanka's human rights record it will give them more credibility in
attracting friendly donors to enhance their treasury? It is the NGOs
that tell us that we should handle terrorists gently and softly and make
representations internationally of humanitarian violations in Sri Lanka.
Here is a classic case to place on record the manner in which an NGO
conducts itself when humanitarian considerations places itself on its
own doorstep.
Those who attempted to expose Sri Lanka on human rights now stands
exposed themselves for their conduct in the humanitarian realm. |