Opinion:

UNHRC probe: Indian stance commendable

by K.M.H.C.B. Kulatunga

India, which had supported the first two US-led Resolutions against Sri Lanka in 2012 and 2013 to the United Nations human rights body, has finally taken the right decision by deciding not to support the controversial UNHRC probe against Sri Lanka on alleged human rights violations.

The battle against terrorism was won with great sacrifice by the Security Forces. Abimansalas (wellness resorts) have been set up to house Security Forces personnel who were permanently maimed.  Pic: Sudam Gunasinghe

The new Indian Government, headed by Prime Minister Narendra Modi, will not support the UNHRC probe into alleged human rights violations during the final phase of Sri Lanka's battle against terrorism.

External Affairs Minister Prof. G.L. Peiris had a fruitful meeting with his Indian counterpart Sushma Swaraj recently during which India has made it clear that it would uphold the objection to a UN probe that India had articulated in April while abstaining from voting for the Resolution against Sri Lanka.

Significant

India is of the view that international bodies need to address human rights concerns in a cooperative manner with the countries concerned, and not in a punitive manner. Sushma's message to Peiris is significant because the BJP had, in the run-up to the Lok Sabha elections, criticised the previous UPA government headed by the Indian Congress Party, for what it dubbed a soft foreign policy attitude towards Colombo.

When India abstained from the UN vote against Sri Lanka in April, the Tamil Nadu BJP accused the Congress-led central government of ignoring the concerns of Sri Lankan Tamils. According to the Telegraph, India was uncomfortable with the UNHRC vote because it advocated an independent international investigation on alleged war crimes by Sri Lanka's Security Forces. New Delhi feared, the same yardstick could be used against it on the Kashmir issue, The Telegraph report added.

Whatever the reasons, all Sri Lankans would warmly welcome the Indian stance of supporting Sri Lanka to keep the UNHRC investigators at bay. It will be a big setback to the UNHRC as they would now be compelled to think twice about implementing such a controversial decision not only against the country concerned - Sri Lanka, but also against the wishes of the big brother in the region.

Sinister elements

Demining operations in the North are nearing completion

The US was feeling extremely comfortable in bringing the first two resolutions against Sri Lanka at the UNHRC with the all-important backing of India but suffered a major setback when India abstained from voting at the third resolution against Sri Lanka.

The bold and courageous decision of India to stand up for its South Asian neighbour would go a long way, opening the eyes of the US and its allies. Britain, which was the major ally of the US in bringing the Resolution against Sri Lanka should now think twice whether their decision would boomerang on them.

India and Sri Lanka are two of the many countries invaded by Britain in the 19th century, killing thousands of Indian and Sri Lankan civilians. If the UK is sincerely worried about human rights, they should first and foremost hold a credible investigations to the war crimes they had committed at least in India and Sri Lanka.

The appointment of an Advisory Council to the Commission of Inquiry by President Mahinda Rajapaksa and the landmark judgement in the Khuram murder case are two important incidents which should open the eyes of the international community. The sinister elements in the West which always try to paint gloomy picture on Sri Lanka should have a closer look at these developments which proves the commitment of the executive towards national reconciliation and the impartiality of the country's judiciary.

Twenty years

Former Tangalle Pradeshiya Sabha Chairman Sampath Chandrapushpa Vidana Pathirana and three others found guilty of the murder of British tourist Khuram Sheik and of raping his Russian girlfriend Victoria Alexandrovna were last week sentenced to 20 years rigorous imprisonment on each of the two counts. The tragedy had occurred at the Tangalle Resort on December 24, 2012.

Colombo High Court Judge Rohini Walgama sentenced the accused Lahiru Kelum, Saman Deshapriya, former Tangalle PS Chairman Sampath Chandrapushpa Vidana Pathirana and Prageeth Chaturanga for 40 years RI on the charge of murder and rape with the jail terms to run concurrently.

President Rajapaksa appointed an Advisory Council to the Commission of Inquiry, comprising of three legal luminaries - with Right Hon. Sir Desmond de Silva as the chairman of the council along with Sir Geoffrey Nice and Prof. David Crane. The Commission of Inquiry appointed vide Gazette Notification 1823/42 dated August 15, 2013 is mandated to inquire and report on the matters that have been referred in paragraph 4. 359 to in the Report of the Lessons Learnt and Reconciliation Commission (LLRC).

Lesson

The Advisory Council is tasked with advising the Chairman and Members of the Commission of Inquiry, at their request, on matters pertaining to the work of the Commission. Hence, the appointment of the eminent panel is another bold step taken towards national reconciliation and winning the hearts of Tamils.

Sri Lanka's success story in its battle against terrorism teaches a perfect lesson to all those 'big countries' which are still trying to eliminate terrorism in the West. Upholding national, regional and global security is a tremendous responsibility, and adequate safeguards are required to curb the threats posed by various non-state actors.

One of the most critical strategies that nations can employ to eradicate terrorism is to increase cooperation with each other on this issue through bilateral and multilateral mechanisms.

The Lankan Government has also recently worked with the Governments of India and the Maldives on setting up a trilateral agreement for cooperation in the maritime domain. Under this agreement, which is now being considered for expansion to the Seychelles and Mauritius, there will be sharing of information to enhance maritime domain awareness, technical cooperation on the tracking of vessels, coordination of maritime search and rescue, and greater cooperation on curbing illegal activities such as drug trafficking, people smuggling and sea piracy. If we are united in the region, no external power in the West could threaten the peace and stability in the region.

Leadership

Although we now enjoy the rich dividends of peace, it is important that we do not forget the long journey on which we have come, as pointed out by Defence Secretary Gotabaya Rajapaksa in one of his recent speeches. The battle against terrorism was a hard fought, difficult one that required tremendous leadership, courage and great sacrifice.

In less than five years after the end of the battle against terror, the Government has accomplished a great deal of work to restore normalcy and stability to the country. Nearly 300,000 internally displaced persons who had been kept with the LTTE as a human shield had to be looked after in welfare camps. As at today, almost all of them have been resettled in their places of origin. This was possible through the comprehensive demining program that was carried out in their towns and villages within a very short period. As demining was completed in each area, the IDPs were resettled.

Another key issue in the restoration of normalcy was dealing with the 12,000 former LTTE cadres who had surrendered or were captured by the Security Forces, and the nearly 5,000 LTTE members who had been detained during the war. As at today, nearly all of these cadres have been rehabilitated and reintegrated to society. Only a few who were involved in LTTE activities at the highest level are being prosecuted for their crimes.

Terrorists

One of the key focuses of the Government after the restoration of peace and stability has been the rapid reconstruction of the North and the East. A staggering amount of funds has been spent on the reconstruction of roads, railways, electrification, irrigation, water supply and sanitation. Healthcare, education, social and community facilities have been uplifted and the housing stock has been considerably improved. This are the positive factors the West should consider rather than continuing to harp of the human rights of the LTTE terrorists killed in action.

The LLRC that was appointed to look into the reasons for the grievances of the people living in the North and the East, has made a slow but a determined progress. The West should not expect Sri Lanka to perform miracles after ending a three decades long battle against the LTTE terror outfit. A great deal of work has been done with regard to rebuilding national unity.

After an exhaustive and lengthy process in which people in all parts of the island were given an opportunity to testify, the Commission has come up with several recommendations that were made public December 16, 2011. The major portion of these has already been implemented while others are presently being executed in order to foster reconciliation and ensure lasting peace.

Progress

All these actions have been taken on the initiative of the Government, under the guidance of the President. Sri Lanka is a sovereign nation and its democratically elected leaders are skilled and experienced.

The country has a trusted systems which ensures democracy, one of the oldest in Asia.

The Government will continue to foster the nation's development and post-terrorism progress in accordance with the needs of its people. In this context it is rather unfortunate that there are opportunists who seek to take country's domestic issues before other nations and international fora for their political and personal gain.

If they are sincere genuine in resolving such issues, they should first and the foremost engage with the Government through domestic institutions and fora instead of trying to internationalise our internal affairs. No foreigner could have a greater pain on Sri Lankans than our own leaders.

A section of the international community is making a desperate attempt to force its own agenda on Sri Lanka. Despite the tremendous progress that the country has achieved in just five years after the end of the LTTE terror, these international elements are unfairly and harshly critical of Sri Lanka. The West can't expect Sri Lanka to perform miracles overnight, something no other country has achieved after a similar situation in the battlefront.