Opinion:

Conduct of the UN and the Security Council

Sarath WIJESINGHE

Comments, conduct, behaviour and the power of the world body set up in place of League of Nations and brought into force on Oct. 24 1945 in order to save the world from the scourge of war and for equal rights for men and women of all nations, small and large is a crucial and decisive factor for any member state.

It is the largest and most powerful international non governmental institution consisting only of the members of the world family.

Its subsidiary bodies and Security Council officials have made statements that attacks have taken place in the “safe zone” where the civilians are trapped by the LTTE against the wishes of the people. The statements of most of the world leaders and INGOs on the Sri Lankan issue is varied and mixed.

The statement made by Wiss the Permanent Representative of UN in Sri Lanka is controversial and biased.

He speaks of credible reports and sources, exactly similar in tone and contents to LTTE frontline organisations and websites including the Tamil net, the official organ of the LTTE, now on the run.

What is the legal basis and effect of the direct and indirect intervention of the world body on us is a moot question and it is safer to take all precautions in the interest of the nation and the future generation. (Please read the article by this writer on Sunday Observer of May 10, 2009 on legal basis and International pressure on Sri Lanka).

Indian and international factor

Sonia Gandhi allegedly has made different controversial and inconsistent statements. She is one of the main policy/king makers in India and charismatic leader of the Congress Party. All other leaders in the election battle have been inconsistent in making statements on the Sri Lankan matter which they consider as an important election issue. Election results of the average Indian citizen in the largest democracy indicate the will and wish of the people in India, whose presence and the influence we have to take into serious consideration.

Sonia has claimed equal rights for all Tamils. She was not properly guided and educated on the equal rights enjoyed by Sri Lankans including all minorities who live as brethren.

Human bonds are more and stronger in Sri Lanka than in India among ethnic groups. David Miliband of the United Kingdom and Beranrd Koucher of France have made comments showing concern over the situation in Sri Lanka, they say is a matter for concern for them.

Treatment meted out to minorities and immigrants in the UK and France are substandard. Tamil is one of the three national and official languages in Sri Lanka. This equality is not found in India and the West.

More Tamils live in the South than in the North and the East they are concentrated in. In Colombo, the business capital of Sri Lanka, the majority community and the business Giants are Tamils and most of the properties and business enterprises in the city limits are owned by Tamils and Muslims which is a fact and reality the Sinhala majority in the country is not unhappy about.

The 13 Amendment to the Constitution which is the main by product of the Indo-Sri Lanka Accord in 1987 has given more power to the periphery than the power given to the states in India. Powers to the Provincial Councils were given on the basis of the powers of and constitution of the States in India.

Muslims in India do not enjoy equal rights and threatened by the raciest parties (such as the BJP) and elements who challenge them in public and politically. Racist powers and extremists in India are in the main power struggle.

In Sri Lanka equal rights are guaranteed in the constitution and institutionalised and practised from top to bottom. The Indian factor and election results have direct bearing on us, and our position in the world.

Due to Geopolitics and our geographical positioning so close to the most ambitious regional leader with whom we share religious customs intermingling in every sphere, we are not in a position to live in isolation in this changing and fast developing world.

These are realities we have to live with though it is bitter and uneasy for a genuine and sovereign emerging nation. India too is full of controversies and problems.

Any member state is selfish and self centred. India is fighting for power struggle and political supremacy for power being the largest democracy; generally depends on “Hung” Parliaments.

Security Council

UK and France foreign ministers have initiated discussions in the Security Council (Please read the article in the Nation of April 19, 2009 by the writer on diplomatic missions and international law) in a formal meeting in an informal way in which the findings and discussions are not binding and have no legal validity.

It is heartening to note that at last the Security Council has condemned the LTTE as a terrorist organisation and declared that Sri Lankan government has a legitimate right to combat terrorism.

Russia, China, Vietnam, Libya Asian and the Middle East acted as true friends of Sri Lanka and justice for the members of the world body in need of the help of one another in difficult times. President Rajapaksa thinks and sees far ahead and meeting world leaders who matters in making decisions.

His visits to meet world leaders are well organised and planned. Human Rights Watch (HRW) a powerful INGO has made 170 reports one after the other adverse to Sri Lanka that the security forces are using heavy artillery in the final push.

It is time for our professionals to bring this to the notice of the funders of HRW which is expected to be impartial. LTTE has brought many organisations under their control in some way with their money which should not be underestimated.

The sources, from which the information is gathered, are unclear and uncertain. (Please the article in the Sunday Observer dated March 23, 2008 on Country reports - the real truth by the writer).

But KP the new LTTE chief negotiator has given a million dollar contract to discredit Sri Lanka and the warfront the Sri Lankan government claims a humanitarian operation to free the remaining few thousand civilians trapped by the LTTE cadres in a tiny “boxed” area surrounded by the Sri Lankan security forces.

The LTTE is desperate and has taken steps to take all investments and resources out from the shelves in this last few moments of the terror history of three decades.

They spend lavishly to win over the world media, international organisations and important personalities. (Please read the article on human rights and human shields by the writer on May 3, 2008 the Sunday Observer ) Bribery and corruption is rampant worldwide and money speaks in the west and among the INGOs.

If one is capable of spending a few hundred thousand dollars or pounds it is easy to obtain the services of a university, a leading international Lawyer, and Media/TV and INGOs to promote and enhance any movement or ideology.

The LTTE has the capacity and resources of which the maximum use is reaped today which speaks of the world propaganda for the LTTE and front organisations.

European Tour of Opposition Leader

The European tour of the Leader of the Opposition is controversial and ill or well timed when Sri Lanka has pushed LTTE to the wall and a waiting for the final push which no government or a leader was able to achieve.

He has met Soleheim, and addressed a number of meetings in the West and Europe with world leaders and international organisations. He is travelling in the west calling for press freedom in Sri Lanka.

Sri Lanka has expelled few unruly reporters and is careful with NGOs with different motives and agendas.

His meeting with members of the UN and the Security Council and our “Funders” (IMF and others) when we are expecting legitimate injection of funds for development especially in the north and the east is crucial to us as there are elements waiting to make use of all opportunities to give a breathing space and a life line for LTTE to regroup and Prabhakaran to escape.

The powerful international “Lobby” is fierce and effective. It has a careful strategical approach carefully worded and monitored.

It is now not disputed by the world organisations that the LTTE is a terror group and the civilians are trapped by them against the will. The number of trapped civilians is only around 10,000 according to defected LTTE leaders. No credit is given to or good is spoken of the Sri Lankan government or the security forces acting in a most professional way and utmost care to protect fleeing civilians and pave the way for the safety in a carefully orchestrated humanitarian operation ever taken place in human history which is unprecedented and unparalleled by any world standard in safeguarding and protecting over 198,000 civilians seeking safety.

The Sri Lankan army is rated the best and most professional and is credited with clamping down the most feared, ruthless and most powerful terrorist outfit, the LTTE.

No motions, discussions, agitations or actions are proposed against the LTTE for atrocities and human suffering, current human tragedy and disaster and thousands of innocent lives taken locally and internationally in the guise of proclamation of a Tamil State based on ethnic and linguistic considerations contrary to the aspirations of the United Nations. (Please read abusing international conventions dated 2nd may 2009 daily news by the author and protecting Diplomatic missions and international law).

Pressure mounting

Pressure is mounting on Sri Lanka to “halt” the humanitarian operation with the LTTE on the run alleging civilian casualties. Some UN agencies, INGOs and member states of the UN claim to have received credible information via credible sources. (Please read International pressure on Sri Lanka dated May 10, the Sunday observer by the author of this article). But the good news is that some world leaders including the Home Minister of India Chidambaran has said that Sri Lankan Government could be trusted that it would not use heavy weapons in order to minimise civilian causalities.The international community is divided on the Sri Lankan issue which attracted international headlines and attention. During the recent informal discussions of the security council USSR, China, Japan, Vietnam with South Asian and Middle East members have agreed that the current Sri Lankan issue is an internal issue and an internal matter and not a matter which amounts to breakdown of world peace which warrants intervention of the security council.

The Security Council consists of fifteen members of the United Nations consisting of China, USSR, USA, UK and France and ten other members elected annually from the non permanent members for a period of two years.The primary duty of the UNSC is to maintain international peace and security and act in accordance with the principles of the United Nations.

The procedure adopted in the UNSC is complicated but a main factor of the powerful UN subsidiary body is the “Veto Power” by the members to “stop” or `act’ and every decision should be based on unanimity.

Actions through United Nations

Article 55 of the UN Charter imposes upon the members of the United Nations that legal obligation to promote and respect for and observe human rights.

Security Council may investigate any dispute or a situation that may endanger international peace and security (Art 34) We do not understand how elimination of the most ruthless terrorist organisation will lead to the breakdown of world peace.

This indicates how volatile and vulnerable Sri Lanka in the present vigorous campaign backed by wealthy LTTE front organisations, some INGOs and some western states. We should be again and again grateful to our friends in need in the world family for blocking possible adverse decisions and comments of the UNSC prompted by UK- the self appointed negotiator, France and some EU countries.

President unshaken and undeterred

President Mahinda Rajapaksa is unshaken, cool and acting in the most diplomatic and responsible way regardless of the high pressure exerted by the LTTE frontline organisation backed fierce propaganda tacitly approved and encouraged by the leader of the opposition currently on a world tour on the same project.

It is sad and unfortunate that all the decision and law makers who claim to serve the nation do not speak with one voice in this critical moment, when the terror regime is about to be eliminated with the blood and sweat of our security forces who have made the supreme sacrifice.

It is not too late even at this last hour to come to senses and to realise that we can fight petty political disputes when we have saved the country in which all can live in peace and harmony as equals. Honestly, we Sri Lankans enjoy human rights and human dignity better than the citizens in the United Kingdom and India. Our land is fertile and is so fortunate to possess the best climatic conditions with the citizens of intellectual and healthy. I think we should not miss this golden opportunity to be a leading nation in the world family in which the Human Rights, Human Dignity is given the highest priority and people are free and economically self sufficient.

The writer is an LL.M London (International Law) Solicitor in England and Wales.