Right to defend the Nation is a collective “Human Right”

By Sarath Wijesinghe

[email protected]

The charter of the United Nations was established in place of the “League of Nations” anticipating a more effective world origination, as consequence of the United Nations conference on International Organizations held at San Francisco was brought into force on Oct 24, 1945 with high expectations.

One of the main aims of the “UN” is to save the succeeding generation from the scourge of war, and to employ international mechanisms for the promotion of economic and social advancement of all the peoples. It gives the right for members to defend themselves, based on self-defence.

This right is being exercised by the powerful and rich nations. It was used in Kuwait and Iraqi wars waged by powerful and interested states mainly for the control of “OIL” which is in short supply today.

Sixty years hence things have changed, but not the UN, though it is evident that it is an ailing and ineffective organization, including mechanisms adopted for protecting, preventing, preserving and promoting human rights.

Small and large scale violations worldwide are rampant, especially in the rich and developed countries on minorities and immigrants.

They are economically powerful and do not give priority to economic or human rights but concentrate on ideologies and theories of political rights of the state and individuals.

Report

The most recent Amnesty International report indicates almost all the so-called developed nations. Leaders of human rights campaigns are criticizing less developed countries struggling to feed their people due to mass exploitation by few nations. Living in glass-houses they set-up targets and benchmarks on human rights for poorer and less developed states.

In a war on terror truth is the main casualty while the international reporting is a lucrative industry. It is a sorry state that some of our journalists sell the nation for pounds, dollars and few euros!

They have picked-up Sri Lanka, because it is a soft target and an easy prey. The propaganda machine of the LTTE and its front organizations are definitely on a better footing compared to the government propaganda machine due to their vigorous and committed network worldwide.

The President, the Minister of Foreign Affairs and the Minister of Human Rights are successfully engaged in a lonely battle against the mass propaganda, mass wealth and power of international and local NGOs backed by LTTE front organizations infiltrated into most International organizations, including the United Nations.

It is high time our missions worldwide keep pace with the modern trends and assist the President and the government to win the propaganda war and the adverse propaganda by LTTE front organizations.

“Human Right Industry” is a money spinner! It can demand unlimited funds from the UN and member states for trips abroad, holidays, and a quality of life with less commitments, minimum effort and investment.

UN is governed and controlled by five self-appointed (1945) world powers whose power is diminishing and fading away. Today other countries such as India, China and Japan are emerging fast as new world powers with tiger economies and other developments in all other areas.

Human rights protecting mechanism of the UN is old, feeble, and archaic. Apart from the Charter which itself is a Human Rights instrument, the other remaining instruments are the Universal Deceleration on Human Rights, which is only a guideline on the concept and theory of human rights.

The High Commissioner for Human Rights which has been proved ineffective and the Human Rights Council which is not properly functioning are two main mechanisms in the UN system.

USA under protest has not voted for the establishment of the Human Rights Council and not taken part in the deliberations or contests for membership since its inception. These are talk-shops as a reputed and respected academic has noted in his writings.

Our main contender on the election campaign was our friendly Pakistan which has been a military regime from the independence todate with few breaks, but backed by powerful Muslim states and governed by Muslim Law.

We received sufficient votes for membership, but due to a technicality we could not be re-elected to the Council. It is not a loss to us as to that extent as the Council was not taken seriously by the United States by objecting to the establishment of the body initially and not taking part in its deliberations since then todate.

Publicity

The local media and the Opposition have given lot of publicity and are jubilant over the loss of membership in the Council for Sri Lanka. We should and could have won the election if we were united as a Nation.

It is worrying news to the nation. But the good news for Sri Lanka is with in a few days the World Health Organization unanimously elected our Health Minister, Hon Nimal Siripala de Silva as the Chairman of the Executive Committee, which is the governing body of the worldwide health organization - the only south Asian elected to this prestigious post, which has about a 1500 paid staff and 193 member countries.

This indeed is a credit to the Nation, and a personal achievement of the Minister as a result of untiring commitments in the capacity of the Health Minister over a long period. He was so magnanimous for quoting that this is not a personal victory for him but a victory of the President and the people of Sri Lanka.

But our local media and NGOs have completely soft-pedalled this important news to us. This victory is an indication of the recognition and acceptance of our position as an experienced and a senior member of the family of nations.

Today there are concerns by some member states and non-governmental organizations about the Human Rights situation in Sri Lanka that it is not in line with international standards. But the fact remains that Sri Lanka has the most advanced and accessible people-friendly system in the world.

The mechanisms and the procedures are detailed, effective and at times overlapping as well.

The main organizational structures on the human right mechanisms are as follows:

(1) Human Rights Commission (2) Court system - especially Supreme Court exercising fundamental rights jurisdiction/other inferior courts and tribunals ( 3) Ombudsman (4) Attorney General (5) Petition system to the Parliament (6) Petition to the President (7) Non-Governmental Organizations ( 8) Minister of Human Rights and Disaster Management (9) Media - TV, Radio, Print Media (10) Legal Aid/Consumer Affairs/BASL legal aid (11) Organization of Professionals and Bar Association of Sri Lanka and other professional bodies (12) Political Parties (13) Trade Union Movement.

Human Rights Commission is a powerful independent body appointed by the President on the recommendation of the Constitutional Council. Out of 5 members appointed, the Chainman is the Chief Executive and currently held by a Supreme Court Judge. Powers of HRC are enormous. It has the power to investigate, intervene, award money, make orders, conduct research and study on Human Rights.

The Supreme Court could direct matters for consideration by the Commission and the Commission too may refer matters to the Supreme Court, if it is established that the matter is within the preview of the Supreme Court. The process is free and less complicated.

Lavish

Legal aid system is lavish in giving assistance to needy citizens.

Commission is conducting a hot line for emergencies. Fundamental Rights jurisdiction is easy and less expensive to explore with the help of legal aid schemes and junior lawyers gradually entering into the field. Most of the NGOs are making use of this process for their publicity based on public interest litigation which attracts their international investors.

The aggrieved party has access to the Ombudsman who is empowered to inquire into and settle matter referred to. The Attorney General is expected to take steps on any grievance, if there is a request to that effect from a citizen. Petition system to the Parliament is also effective. It is processed and steps are taken to grant redress to the aggrieved party.

Presidential Office is geared to respond to the grievances of citizens including violation of human rights and case workers are appointed to help any injustice and violation of rights. Heavily funded Non- governmental organizations are extremely active with hot lines for disappearances and close links with local and world media.

Even a trivial matter in any corner of North and East and matters pertaining to war on terror reaches the world media in few seconds! This is a sorry state as we need balanced reporting in this crucial moment. The Minister for Human Rights is active and available with a hot line and number of case workers, and an able staff.

It gives protection and confidence to those who need assistance. Media in Sri Lanka is very vibrant and aggressive. They exercise the freedom to protest, pointing the finger at the security forces on every trivial matter in this complex situation when there is a large number of other interested parties and groups active legally and otherwise.

There are lots of accusations on disappearances and assaults on journalists. This is not a satisfactory situation but it is inevitable in a war on terror. All the disappearances and assaults and all kinds of violations are given wide publicity and accounted for as a human right violation by the security forces.

The information is promptly transmitted worldwide. TV and print media are very prompt in collecting information and transmitting them to the interesting parties. Sorry state is that the LTTE atrocities are downplayed and no equal publicity is given for some reason. This is proof that defenders of rights are active in Sri Lanka, well-funded and represented.

The only presumption we can arrive at, is the enormous finding ability of LTTE which throws funds lavishly to anybody anywhere to achieve their targets. They are powerful enough to buy anybody anywhere including the journalists worldwide. Even the BBC Sinhala Service works hard to trace sensational and mouth-watering news to give publicity worldwide. The Legal Aid Commission and the Legal Aid Foundation of the Bar Association entertain applications on human rights violations and offer assistance.

The Organization of Professionals as a body helps the aggrieved parties and maintains a file to help citizens. Consumer Affairs is in the forefront protecting the rights of consumers which is a fundamental right. It published three full pages every week in all three media for the last two years and today reduced to only a Tamil page. Consumers are of the view that it is high time to start other two pages as a matter of urgency as consumerism is in the top of the agenda and it is a basic human right.

Political parties and Trade Unions are guardians of the citizens and take over the grievances of citizens.

Very few are aware of our excellent human rights mechanisms which are not found anywhere in the world. The best examples are United Kingdom, United States and European Union Countries where legal aid and litigation aid is not as accessible and vibrant as ours.

In the UK the aggrieved party must seek the assistance of a Solicitor for litigation which is very expensive. Nowadays legal aid is not easily available and there is hardly any other mechanism or ways for redress for human rights grievances.

In the United Kingdom one has to pass through many hurdles for legal aid, without which litigation is not possible as it is so expensive and complicated. It is so simple, straight and effective in Sri Lanka.

The system in other parts of the world has not provided easy access as in Sri Lanka. In the United Kingdom one has access to Citizen’s Advisory Bureaus for advice but to obtain an appointment from them is so hard as they are so busy and rigid.

They may refer to a Solicitor for steps to get through these procedure again. And they in turn refer matters to a solicitor again. No similar or parallel organization to Human Right Commission is available in the West or in any developing country. In USA litigation is based on insurance schemes and an ordinary citizen has no free and easy access as in Sri Lanka.

In France, Italy or in other western countries there is no proper mechanism to seek redress for violation of human rights as accessible and people-friendly as in Sri Lanka. It is the same in other parts of the world too.

There is a war on terror in the country to suppress the terror activities of the most powerful and ruthless terrorist organization in the world. It is not possible to maintain international standards during a war situation This is the case in Iraqi, Afghanistan, Gaza Strip and other war zones.

Today the East in Sri Lanka is completely liberated. We have witnessed a remarkable transformation of a child solider to a powerful Chief Minister. There is also terrorist turned-politician transformed into a pious and Cabinet Minister in the Cabinet performing a yeomen service.

Indian-modeled state power is given to a group of ethnically mixed Ministers headed by a powerful Tamil Chief Minister, a fact of reality readily and willingly accepted by the South and the Clergy. The Press is free and news is uneven.

“Abducted Child returned” is a non-political matter but many such issues are given a twisted publicity. “Attack north heavy casualties’ - little or no information is given that it is LTTE who are responsible for the attacks on civilians.. The press should be more responsible and impartial.

Franchise is a collective human right without which individual human rights will not be protected. Therefore, it is the duty of the media and those interested in the welfare of the citizens to promote collective human rights, by promoting the 13th amendment which is the vehicle for good governance and equal rights for the North and the East which are the areas in question.

The main reason for the escalation of war on terror is based on demands for collective and individual human rights in the East and North in which the majority is Tamil. In Colombo too the majority population is Tamil and all races and groups live in harmony. Colombo Mayor is a Muslim and the deputy is a Tamil. Majority of the Leading businesses and properties in Colombo belong to Tamils and Muslims.

These are facts readily and happily accepted by the Sinhala minority! They must have the right to defend the nation from terrorists and terrorist activities at any cost in the interest of the majority of the inhibitions.