Human rights and LTTE's human shields

By Sarath WIJESINGHE

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Human rights which are rights derived as human beings are to be protected anywhere in the world any time; during peace or war. Obviously it is hard to maintain human rights during a war or unrest due to civil disturbances and instability. The world mechanism to oversee and supervise the implementation of human rights is weak and ineffective. It seems that West has the monopoly to decide on the international standards.

They assume standards by comparing with the international instruments starting from the United Nations Charter and subsequent instruments such as the United Nations Convention on Human Rights, European Convention of Human Rights and a whole heap of human rights instruments in force. They indirectly indicate EU maintains international standards which is not necessarily the actual position. They try to act as policemen and the guardian of Human Rights by scrutinizing the human right situations in other parts of the globe. Sri Lanka has been an easy prey for them due to the ongoing war on terror and the struggle with the most fearful and ruthless terrorists in the world as categorised by the United States. Human Rights in Iraqi and Afghanistan are not observed and the excuse is the 'War on terror'.

But in Sri Lanka the West expects to maintain international standards' even during war and civil disturbances. These instruments were based on great Western Christen values which are principally similar to other great religious values in the other parts of the world. Human Rights and values in Asia were respected and practised even in the absence of the Conventions and Instruments.

Therefore the concepts adopted by the West were applicable and adopted in other parts with ease. United Nations have mechanisms to deal with member states via Security Council and making use of sanctions, embargos and "Name and Shame" process. The Human Rights Committee has adopted procedures to deal with countries and individuals based on complaints. European Court and the European Conventions have different and mild methods of dealing with Human Right violations. There is no world "Executive Body" to deal with the wrong-doers, though there is a World Court, Tribunals and the World Community to point the finger at those who are in violation of international law and international standards. In such a situation the terrorist movements have many avenues to escape from the international safety net which is supervised by the media and the international organisations.

Era of Human Rights

This is the era of Human Rights. There is demand and agitation to protect and uphold Human Rights whatever the way it is defined and understood.

Even Kuwait where the Western human rights and values were not recognised, has appointed a Parliamentary Human Rights Committee which has given a fair hearing to Asian workers in Kuwait which is a very interesting and an encouraging change of attitude.

The United Nations Charter was drafted in place of the League of Nations as a result of the Second World War and the mass destruction and loss of human lives and the civilisation.

These instruments have attempted the protection of individual and collective human rights by urging the state parties to ratify conventions and instruments on human rights so that the parties are bound to comply, though there is no mechanism to implement or punish if it is not complied with.

Sri Lanka who is a senior member of the United Nations, has ratified most of the human rights conventions and instruments agreed upon by the world community.

The previous British envoy of Sri Lanka argued that the other countries including UK have a right to be concerned and inquire into the human right situation in a signatory state, including Sri Lanka. Many NGO's too hold the same view and along with the world media are constantly bringing the human right situation in Sri Lanka to the world attention.

According to news reports, the Sri Lankan government has requested the UN and NGO's to suspend operation for a short while considering the grave situation due to the ongoing military operations against the terrorists. The Amnesty International fears that the withdrawal of international staff will make the trapped citizens more vulnerable to the abuses of the LTTE. AI reports that the LTTE is preventing civilians from moving to safer places in government controlled areas.

The LTTE is also recruiting minors and elders in camps for the newly displaced. Aid workers fear the Sri Lankan Government lacks capacity to provide basic essentials to the trapped and fleeing citizens.

ICRC has estimated the IDPs (internationally displaced people) at 160,000 at the mercy of LTTE which they are planning to use as Human Shields in the name of Human Rights. There are reports that these trapped brethren are forcibly trained by the LTTE for the final and decisive battle out of desperation. They are innocent civilians, elders, students and government servants paid by the government. Though AI (Amnesty International) is concerned about the capacity of the Sri Lankan Government to meet the situation, the fact remains that all throughout, all the citizens in the LTTE-controlled territory were maintained by Sri Lankan government with the use of the tax payers money in the South. Then what is the difficulty in coping with these IDPs for a short while? Tom Vandenhove, the head of the ICRC delegation has urged both parties to the conflict to safeguard civilians and their safe passage presuming even that the government too is preventing safe passage of the trapped citizens. This indicates that either the INGOs are in a different world of their own or have an agenda when it is too well-known that the Government has invited and awaiting the arrival of all IDPs guaranteeing their safety and the future in a peaceful atmosphere as has been done in the East.

Civilians as shields

As for the LTTE, the civilians as a shield is nothing new to its tactics in the past and it is well known that it is the last resort and the strategy of the LTTE to use the Human Shield in the name of Human Rights. If anybody has a real interest, these trapped civilians should be found a passage to the safer areas out of the conflict zone. Pressure is now mounting on the government from many corners to stop the humanitarian interventions and enter into negotiations with the LTTE which the successive governments have tried and failed especially when the LTTE was weak. Now that the government is pounding LTTE targets and the LTTE is on the run, there is no reason to do so. Security forces have completely cleared the East and a major portion of the North. The morale of the security forces too is at its highest and the country has approved the steps taken by the Rajapaksa government after being given a mandate in the recent Provincial Council elections.

There is, an unusual step taken by the United Nations Humanitarian Coordinator's Office urging LTTE to allow civilians trapped in the area of conflict, a free passage and a corridor to safe passages. The Lankan Ministry of defence too has stated that swift measures have been adopted for a humanitarian corroder with maximum freedom for movement. According to Bi Mingxin, the UN has raised with the LTTE its urgent concern that civilians be allowed maximum freedom and commitment of the government to provide humanitarian assistance to those civilians who remain in the LTTE controlled Vanni area. These are new and good developments that little by little LTTE too is pressurized by the International Organisations to be practical and humane.

Way forward is certain but difficult. This is the final battle and the LTTE is fully aware of it. It will use all avenues and all areas available to it to repulse attacks or maintain the status quo as what they need is to maintain the existing territory.

They have number of options and strategies. The LTTE is depending on the Indian factor, International organisations, Tamil Diaspora, and Sri Lankan opposition to back them. Out of every minute issue they try to make capital. Kachchativu issue is a matter resolved amicably by two states India and Sri Lanka. This is a time we have to take calculated and decisive steps. It is time for the opposition to work together the way the conservatives' in Britain struggled shoulder to shoulder to end the IRA terrorist issue.

Today Conservatives are heading for a clear victory. East is completely liberated and managed by the people in the area headed by Pillaiyan a former LTTE child soldier who has remarkably changed to be an excellent politician.

The majority in the North and East and Colombo are Tamils and the second majority community is Muslims. Tamils and Muslims are the main and leading business communities which are readily acknowledged and recognized by the Sinhalese who live like brethren in the island. It is the duty of the Opposition and all communities to work hand in hand for the safety and benefit of the trapped brethren and the peace and propriety of the Nation.

The writer is the Chairman of the SAARC Study Centre United Kingdom- Solicitor in England and Wales