Last week, Indian TV channels claimed the
world premiere of the Callum Macrae film No Fire Zone: The Killing Fields of Sri
Lanka, depicting the last 138 days of the war that ended on May 19, 2009. But
the horrific images were first shown on March 1 this year in Geneva on the
sidelines of the UN Human Rights Council (UNHRC) meeting.
That is fitting given that the UNHRC will, on March 22, vote on a US-sponsored
resolution which includes allegations of war excesses committed by the Sri Lankan Army (SLA) resulting — according
to UN estimates — in nearly 40,000 civilians deaths.
Sri Lankan ambassador in Geneva Ravinatha
Aryasinghe protested the screening of the film, describing it as part of an
orchestrated campaign to influence the outcome of the UNHRC vote. The new film,
hosted by Human Rights Watch and Amnesty
International, is different from BBC Channel 4's two
videos screened two years ago, which depicted grave violations of human rights.
Colombo has realised that though it won
the war, it lost the information campaign. The western effort is to denigrate
its war victory for failure to protect the Tamils who were apparently used as
human shields by the LTTE. In retaliation, Colombo established Sri Lanka Media
Watch in London to challenge the credibility and veracity of the two BBC
videos, and of UN spokesperson in Sri Lanka Gordon
Weiss's book, The Cage, which demolishes Colombo's record
vis-A -vis the responsibi-lity to protect (R2P) norms.
Further, Colombo blasted the findings of
the UN secretary general-appointed Darusman panel, calling it a perversity.
Instead, it produced reports highlighting Sri Lanka's humanitarian effort in
resettlement and development in the Northern Province.
For two years running, Colombo has been
showcasing its victory in the humanitarian war and its commendable post-war
efforts when it comes to the five Rs — reconstruction, resettlement,
rehabilitation, reintegration and reconciliation. But President Mahinda
Rajapaksa's four Ds — demilitarisation, democracy, devolution and development —
have been missing the devolution part.
Having voted against Sri Lanka at Geneva
in the non-binding resolution last year which shocked Colombo, India is again
confronted with a dilemma: how to vote on the upcoming resolution. The 30-year
ethnic conflict ended only after New Delhi gave the nod and strategic military
intelligence for a fight to finish the LTTE. India was, therefore, complicit in
a war which was bound to incur civilian deaths.
The establishment of no fire zones (NFZ)
or safe zones, declaration of non-use of heavy weapons and the promulgation of
two ceasefires (one during general elections in Tamil Nadu on May 14, 2009) by
Colombo were designed to mask the inevitability of civilian casualties. This
smokescreen compounded the fog of war and was totally out of India's control.
The end of the LTTE was the beginning of India's
marginalisation in Sri Lanka.
Last year's UNHRC resolution sought three
actions from Colombo: implementation of the recommendations of its own Lessons
Learnt and Reconciliation Commission (LLRC) including independent and credible
action on alleged human rights violations; an action plan for this; to accept
advice and technical assistance from the UNHRC.
Colombo has formed an LLRC implementation
task force with an action plan which is headed by secretary to the president
Lalith Weeratunga. The army has conducted a court of inquiry absolving the
military of any human rights violations and blaming the LTTE for civilian
deaths. In sum and substance, there is no outcome on accountability and
devolution, both vital for reconciliation.
Tamil Nadu politics mixes hypocrisy with
diplomacy. When civilians were being killed during the war, there was little
hue and cry except DMK chief Karunanidhi's mock fast. Now, the shrill debates
in Parliament and the Tamil Nadu legislature are simply displays of electoral
politics with DMK demanding an independent international probe into alleged
genocide and sanctions against Sri Lanka.
With the China card in his pocket,
Rajapaksa has put India in a spot by virtually disowning the constitutionally
enshrined 13th amendment on devolution. This year, as Colombo's steadfast
allies Russia and China are not in the UNHRC, Sri Lankan foreign minister G L
Peiris says India has a moral responsibility to support Sri Lanka.
At the heart of the new US-sponsored
resolution is the need to devise a truth-seeking mechanism for alleged war
crimes and violations of human rights centred on R2P. Last week three drafts —
American, Sri Lankan and Indian — were exchanged. The preliminary US draft,
based on the report by the UNHRC, wants time-bound devolution and a credible
inquiry into charges of human rights violations, which India considers an
infringement of Colombo's sovereignty.
As for India, its reluctance to include
DMK's strictures in the resolution has led Karunanidhi to pull the DMK from the
government. Accommodating DMK and AIADMK demands, which are music to western
ears, won't be easy.
The task ahead is drafting a consensual
resolution acceptable to both Washington and New Delhi which Colombo is able
and willing to implement. That will be tough. Whatever the final draft, India
will likely vote with the resolution but affirming Colombo's sovereignty.
Matching imperatives of human rights with strategic and domestic political
compulsions is at the heart of the great game being played out in Geneva right
now.
The writer is a former general officer commanding, IPKF Sri Lanka.
