‘Human rights and human shields’

Sarath Wijesinghe

Combat operations have reached a conclusion based on a decision by the security forces in order to save the lives of civilians, used by the LTTE as a human shield. This issue is the current topic in world politics and international relations.

Sri Lanka has ignored the unilateral declaration of ceasefire of the LTTE and continues the humanitarian operation in order to free the remaining trapped civilians held by them forcibly. Indian Home Minister P. Chidambaram has appealed the LTTE to surrender and the British Foreign Minister David Miliband and French Foreign Minister Bernard Kouchner have completed the successful but the most controversial visit carefully managed by the President and the Foreign Minister to the advantage and benefit of Sri Lanka portrayed by the Sri Lanka Opposition as a “Diplomatic Muddle”. Apparently Miliband is now convinced of the reality and the ground situation after having personally inspected the “Humanitarian Crisis” created by the LTTE which is unprecedented and unparalleled in the history on trapped civilians.

Being an immigrant to the United Kingdom his conduct and statements at times are quite unusual. Now he says Lanka is on the UN Security Council agenda and UK, USA and France are planning to include the Sri Lankan affair in the agenda again.

The good news is that the Russian Federation, a close friend of Sri Lanka, assumed the presidency of the Security Council from May 1, 2009. President Rajapaksa declared in Embilipitiya in no uncertain terms that there will be no pause, cessation of hostilities, ceasefire or any negotiations with terrorists.

Trapped civilians

Sri Lankan issue is the largest and most successful such operations in the living memory where over 190,000 civilians trapped forcibly were freed by the security forces by careful and professional humanitarian operations. David Miliband who has come to Sri Lanka in the final stage of the battle said that the “Sri Lankan Military advances have been spectacular, but winning the peace is as vital as the war.”

Why Miliband and his western colleagues do not apply the same theory and attitude to Iraq/Afghanistan and Gaza strip is difficult to understand. The Leader of the Opposition in Sri Lanka who speaks with the same voice as foreign dignitaries have said that it is a shame to get first hand information from them on the situation in the North and the East.

Tokyo, one of the Co Chairs (consisting of USA, Norway, Japan and UK) requested Sri Lankan government to continuously to offer amnesty to Tamil Tigers for a peaceful resolution to the conflict, when India is requesting Prabhakaran for the murder of their beloved leader. It is a sorry state that West maintains double standards on the unsuccessful Afghan/Iraqi wars and successful humanitarian military operations in Sri Lanka.

At the same time we must be grateful to our good friends in need for preventing unsuccessful attempts to tarnish our image in the Security Council and internationally. China, Russia, and many Asian and African members prevented our matter being added to the agenda of the Security Council for discussion.

This is a warning to our Western countries not to push us away from non alignment and towards the camp led by the Russian Federation in the world family. Foreign visitors have observed how the most feared and ruthless terrorist leader and the organisation after 37 years of war is boxed into a tiny strip only five kilometres away from the encircled military enclave, and how civilians are trapped forcibly against their will.

IPKF and the previous Sri Lankan Governments miserably failed to crush LTTE terror. Miliband gave 2.5 million pounds support as humanitarian aid for displaced. Sir John Holms gave 19 million UNHCER 2 million, and France, India, Australia and many other counties and international organisation contributed for the maintenance of Internally Displaced Persons.

They were wrongly briefed by the Tamil Diaspora and the front organisations. Mahinda Rajapaksa humbled the LTTE - one of the most powerful terror organisations in the globe fighting a bloody war for over three decades to kneel down within a span of nearly three years and plead for a ceasefire while winning the hearts and minds of the international community.

Joint request

Joint request of all the visiting foreign dignitaries and many western countries is for a pause, ceasefire or cessation of hostilities. Pause is a brief halt and the cessation of hostilities is bringing or coming to an end of the conflict named as war, civil war or humanitarian operations.

Ceasefire is a temporary halt of the operation due to certain circumstances. It is a temporary stoppage of any armed conflict where each side of the conflict agrees with the other to suspend aggressive actions. Ceasefire may be declared as part of a formal treaty or an informal understanding between opposite parties.

On December 24, 1914 an unofficial ceasefire was declared in world war where France, UK and Germany sought to observe Christmas and again on February 8, 2005 at the Israeli Gaza conflict there was a ceasefire during Christmas. In the North and the East conflict there were a number of previous ceasefires which ended unsuccessfully.

There was a pause for 48 hours during New Year celebrations, to allow the trapped civilians to escape and to celebrate the New Year. The LTTE did not allow civilians to escape until they forced themselves for freedom at the risk of their lives.Civilians were shot at and harassed to prevent them escaping from the human shield. It is a violation of international law to imprison innocent civilians.

The request of many countries is to halt the military offensive against the LTTE to allow civilians trapped to free themselves. The pressure from the West is enormous due to the large number of Tamil Diaspora and the powerful frontline organisations and activists spread worldwide.

Matter of days

Sri Lankan Government has declared that the humanitarian military operations will continue until the LTTE is crushed. It is apparent that it is a matter of days and not weeks when the Sri Lankan military overruns the remaining small patch held by the LTTE.

The stand taken by the West is that they have a right to inquire into gross or imminent human rights violations as Sri Lanka as a member of the world family has ratified the human rights instruments and is bound by the conventions and guidelines.

The stand taken by the Sri Lankan state is that this is a legitimate military and humanitarian operation and a matter within the ambit of our sovereignty and international matters which are to be solved without outside intervention.

Diplomatic bombshells

The right to defend the nation is a collective human right ( vide my article on June 1, 2008 (Sunday Observer). The UN Rights Chief has said that both sides in a long running ethnic war may be guilty of war crimes. Is there a war in the country is an important matter to be clarified. War is a reciprocated armed conflict between political groups aimed at a desired political end in a state.

Civil war is a war between organised groups to take control of a national region or to change government policy. The stand taken by the Sri Lankan states is that this is a legitimate military operations and humanitarian operations in order to protect the individual and collective human rights.

There were diplomatic bombshells during the troubled period which gave rise to unpleasant and undiplomatic incidents. The attack on Lankan missions in Norway and the United Kingdom with Tiger flags and attacks on Sinhala shops and students in the United Kingdom too are clear violations of international law and UN diplomacy.

In USA, UK, Canada, Australia and EU Tamils who found the way to the West manipulating the Convention on Refugees are present in large numbers. They are capable of influencing the members of Parliament giving incorrect and false information. These incidents against missions in Norway and the UK violated the Vienna Convention on Diplomatic Relations adopted in the United Nations on April 16, 1961.

Article 22 of the convention is powerful and clear regarding the safety of the receiving state which reads as follows. (1) The premises of the mission shall be inviolable (2) the receiving state is under special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent disturbance to the peace of the mission and dignity. No arrests have so far been made in Norway though the identity of the attackers are available.

In the United Kingdom few arrests have been made. Sweden has recalled the Lankan Ambassador as a result of a misunderstanding on the issue of visa to the Foreign Minister who was planning to visit Sri Lanka with the other two foreign ministers.

War crimes

Swedish Minister of Foreign Affairs claims to be an expert (activist on Doctors with No Boarders) on Sri Lanka and the next EU presidency for six month is due to is offered to Sweden.

Sweden and Norway were directly involved in the monitoring process under the abolished ceasefire agreement entered into between Prabhakaran and Ranil in his capacity as the then prime minister.

UN Rights Chief has said that both sides in the long running ethnic war may be guilty of war crimes. War crimes are violations of laws on international law. Humanitarian laws are part of International Law mainly based on “Humanity”.

It has branched into the Law of the Hague-Law of War and Geneva Law- the Humanitarian Law. Who should be on the Electric Chair under international law is pretty obvious looking at the dark track record of Prabhakaran and the LTTE he founded and led over three decades as a terror organisation feared by the international community.

Way forward

President Rajapaksa and the Defence Secretary Gotabhaya Rajapaksa have been straight and firm. His position is endorsed by the country with an overwhelming majority. No UN or NGOs will be allowed to the conflict zone and there will be No Pause, Halt, Ceasefire or Cessation of hostilities in any form.

Humanitarian operations shall continue until the last terrorist is eradicated from the soil. President Rajapaksa has shown his magnanimity by appointing Karuna to be a Vice President of the SLFP and a Minister and also paving the way for Pillayan to be a powerful Chief Minister in the prosperous East - the rice bowl of Sri Lanka, both of whom are child soldiers turned Ministers which is a remarkable transformation at any international standard.

Sri Lanka too is on the verge of a remarkable transformation and it is the duty of each citizen, politician and the civil society to grab this opportunity for reconciliation, development, peace and prosperity.

The writer Solicitor in England and Wales- Chair SAARC Study Centre United Kingdom