“War Crimes” and Democracy in Sri Lanka


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Lieutenant William Calley of the Charlie Company was a confused man. It was just two months ago that his company and others took a heavy toll when the Viet Cong  attacked during the Tet festival and television screens around the world showed the carnage they wrought. So when Calley’s CO Colonel Oran K. Henderson advised his officers to “”go in there aggressively, close with the enemy and wipe them out for good.”Calley must be thinking whether or not he should spare unarmed men, women and children. However Calley and his men had already taken their decision when they descended on the hamlet of My Lai on that fateful day of March 1968 ostensibly to wipe out remnants of Viet Cong units after the devastating US counter attack, supposedly harbored in that village following the grisly Tet Offensive. By the time Calley and his men were finished 504 Vietnamese men, women and children were dead or dying. Women were raped, some were mutilated, babies were killed, and civilians photographed before they were killed by the USIS photographer attached to the unit, which later became evidence. US Army tried to cover up the whole issue, but finally when all came out only Lieutenant Calley was sentenced to life. But to the disgust of many President Nixon so quintessentially pardoned Calley and he would only serve four and half months in prison. Colin Powell who was charged with investigating the incident would later tell Larry King Live on CNN in 2004 “I mean, I was in a unit that was responsible for My Lai. I got there after My Lai happened. So, in war, these sorts of horrible things happen every now and again, but they are still to be deplored”.

Nearly 41 years later in the island of Sri Lanka, the government forces were locked in the final phase of a battle against a ruthless terrorist outfit. LTTE by that time had 300,000 odd civilians with them as the final insurance of the lives of their motley leaders. In the meantime government was facing intense world pressure to stop the operations and spare the lives of LTTE leaders while in Western world capitals Tamil Diaspora was wreaking havoc.  The Sri Lankan government asks Tamil civilians to cross over while LTTE threatens to kill anyone who leaves which they put to practice as well. Also from air conditioned offices in London, Diaspora publications like ‘Tamil Guardian” scoffs at government offer imploring Tamil civilians to die as ‘free’ people by staying with the LTTE. But civilians still leave Tigers for the so-called ‘barbaric’ Sri Lankan forces that assist them; while thousands of Sri Lankans, majority of them Sinhala Buddhists, heed government appeal to provide urgently needed supplies to surging IDP population even when LTTE sends in suicide bombers to kill the “traitors” to relief centers set up by the government. Taking extraordinary risks Sri Lankan army takes all measures possible to rescue Tamil civilians coming over to liberated areas.

Now almost two years after these incident Channel 4 of UK finally comes up with a 48 minute documentary sensationally titled “Sri Lankan Killing Fields’ which ,guarantees Dorothy Byrne, Head of News and Current Affairs of Channel 4, “It’s horrific. The images will remain in your mind, maybe for years. I can’t get them out of my head.” Despite this advance publicity the documentary raises more questions than answers however, including the veracity of translations, credibility of people appearing the documentary, the staged nature of especially demonstration before UN Compound in Killinochchi, and most of all the credibility of famed “execution footage” etc. I do not wish to revisit this area as David Blacker in previous comments in Groundviews brilliantly explained scenes containing disposing of bodies etc, using own experience as a soldier. But suffice to say Ch4 engaged in a form of yellow journalism perhaps partly to boost their flagging ratings.  The questions must have been there of course. Why the army had to shell “safe zones”? LTTE it seems ‘cleverly’ placed artillery batteries among the civilians and near hospitals. The LTTE goaded by Diaspora still harbored faith in a so-called “humanitarian” intervention by Western nations. Best way to do that is to precipitate a significantly high body count courtesy of SLA.

So was it really genocide?  Was Sri Lankan Government will diabolically and systemically ethnically cleansing Tamils as was evinced in Sudan, Rwanda, Serbia or like what US Government did to Native Americans ? Please note, that on the contrary there was no anti Tamil sentiment from the government, even implicitly. There were no “kill the cockroaches” messages. So it was no genocide, no matter how much the vested interests try to sensationalize these events. Hence Channel4’s intention to vilify President Mahinda Rajapakse and Gotabaya Rajapakse is highly suspect and reeks of knowing or unknowing collusion with the unscrupulous elements in the Tamil Diaspora.

The reactions to the C4 “shockumentary” ware predictable  , ‘Channel 4 footage, constitutes convincing evidence of violations of international humanitarian and human rights law and if the Sri Lankan government does not respond they would support the international community in revisiting all options available to press the Sri Lankan Government to fulfill its obligations.’ Says Alistair Burt, the British Parliamentary Under Secretary of State at the Foreign and Commonwealth Office. At the same time US re-iterates need for an investigation. We have to analyze then whether these guys are qualified to cast the first stone and what prompted them to behave in this manner and finally consequences of their actions on the democracy of Sri Lanka.

There is no doubt in anyone’s mind an independent investigation has to be launched if and only if C4 footage found not to be doctored, even though the emerging evidence suggests otherwise. However we must note that US and its proxies like UK, has repeatedly failed either to launch independent investigations or to punish those individuals who were accused of dastardly crimes. From My Lai massacre described at the beginning of this article to the Haditha massacre, the very authentic footage of US soldiers indiscriminately killing Afghan civilians leaked by wiki leaks, the disproportionate use of force during battle for Fallujah etc.etc, this point was proved over again and again. Even in those instances that investigations were managed due to international outcry, the accused were either set free or given extremely lenient sentences as was in the case of William Calley, a mass murderer by any standard. The only exception was Abu Grahib issue, but even then some lowly soldiers were punished, not the people like Dick Cheney who authorized a policy of extraction of information from prisoners through coercion. Hence it is inimically clear that US or its proxies are not in the position ethically to acquire a holier than thou attitude vis a vis the Sri Lankan situation. In examining what prompted them to do so, it is obvious that domestic political compulsions played a major role in the form of Tamil Diaspora lobby groups. But also note in the case of US, Sri Lanka’s closeness to   emerging world powers set to take the mantle of global supremacy from USA, might have played a major part in its hostile attitude towards us. Perhaps a need to set precedence for other nations emulating us in a foreign policy that makes US to play a second fiddle to China.

These machinations by the West are in the long terms highly damaging to the democracy of Sri Lanka. Ever since the implementation of the Constitution of 1978 Sri Lankan Democracy is on the retreat and the situation was exacerbated by the 18th Amendment to the Constitution which gave unbridled powers to the Executive Branch. In such environment system of patronage thrives reminiscent of such from the pages of Godfather. Therefore the Western pressure against Sri Lanka acts as a veritable red herring which can be used by the rulers to deal effectively with the dissent against anti democratic measures. One such instance is when a government MP charged of a Western conspiracy behind workers uprising in Katunayake against hastily put up Private Sector Pensions bill. The increasing militarization in the form of “leadership training” for University entrants, the defeat of “Right to Information bill” all speaks of a worrying trend in our society. The space for civil society to democratize our political systems as a whole is severely curtailed by the systemic application of pressure by external forces. The regime can always use the word “Anti National Forces” as a catch all phrase to vilify individuals and organizations agitating for more transparency, democratization in governance. The Bush Doctrine is also applied to browbeat dissenters in some cases. Despite all talk of strategic importance of Sri Lanka to USA, its current approach only serves to drive Sri Lanka more in to the bosom of China and Russia, further depleting what ever influence it once had. Therefore West should end its policy of “proselytizing” Sri Lanka in to a Democracy in their own image which is ultimately detrimental to the interests of people of Sri Lanka as a whole.

 

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30 Comments

  1. What happened to the Tamils for 63+yrs before Channel 4 documentary:

    http://transcurrents.com/tc/2010/08/outline_of_submission_made_to.html
    Jayantha Dhanapala’s written submission to Lessons Learnt and Reconciliation
    Commission(LLRC), 30 August 2010: ‘’Each and every Government which held office from 1948 till the present bear culpability for the failure to achieve good governance, national unity and a framework of peace, stability and economic development in which all ethnic, religious and other groups could live in security and equality.
    http://www.llrc.lk/images/stories/docs/August2010/LLRC-JD-Transcript.pdf
    Oral submission, Jayantha Dhanapala to LLRC: Our inability to manage our own internal affairs has led to foreign intervention but more seriously has led to the taking of arms by a desperate group of our citizens.’’
    (Dhanapala was formerly UN Under-Secretary General for Disarmament and a candidate for UNSG in 2006)

    http://groundviews.org/2010/09/23/submissions-before-lessons-learnt-reconciliation-committee-llrc-by-chandra-jayaratne/
    Submission before Lessons Learnt & Reconciliation Committee (LLRC) by Chandra Jayaratne, 23 September 2010: ‘’…… Years of inequitable allocation of national resources and consequential disparities in regional economic development, infrastructure development and public service delivery have sown the seeds of discontent and disillusionment leading to conflict, insurrections of the South and the North and even the armed struggle towards a separate administration ….’’
    (Jayaratne is a member of the Board of Directors of the International Centre for Ethnic Studies and a former President of Ceylon Chamber of Commerce)

    Did Channel 4 prevent successive governments from being democratic ??

  2. The international community was not concerned with the lives of the LTTE leadership, (as you claim), but with the lives of the hostages.

    Also, I find it rather strange that you (and almost every singhala writer) feels that pointing at other countries is enough to establish that we need no investigation.

    In your last paragraph you are way too optimistic: we are well beyond “a worrying trend”.

    Open your eyes…..

    • Yes, the international community was not concerned with the lives of the LTTE but neither were they concerned with the hostages. They were more interested in appeasing a malleable voting bloc made up of Tamils in London, Toronto and to a lesser extent Paris. Notice how countries without Tamils showed less concern for the hostages..

    • By pointing at other countries the point is that those countries should be investigated PRIOR to the investigation of Sri Lanka as their crimes preceded Sri Lanka’s ones. The greater time period that has passed since their crimes shows the pressing need for justice in comparison to Sri Lanka which could wait.

  3. The Rajapakse regime will always use some pretext to maintain its grip on power. If it is not a western conspiracy it will be something else. One does not need to have a great dealof intelligence to understand this. To say that Western pressure would lead to more authoritarianism is a silly excuse justify continuing authoritarianism.

    A few days ago, another (useful) idiot made this point on GV. It amounts to a purile threat: if you press us we will be nastier so leave us to be nasty as we are! Those who utter such threats don’t seem to have the balls to say to the government that if they continue to be nasty the pressure will mount. This is because they have an interest in safeguarding the intersts of this regime.

    The Katunayake struggle was won despite the Western bogeyman. Apart from the (useful) idiot writing above nobody took much notice of Wimal Weerawansa. It will happen again. Soon.

    • But some pretexts are better than others. The challenge from the west (and its association with the LTTE) is a very successful one compared to other pretexts (I’m drawing a blank here because Rajapakse hasn’t been successful with anything else to my knowledge).

    • Doesn’t the fact that the GoSL had to back down on the pension plan because of the Katunayake protests make it clear that the administration does depend on its popularity and the support of the people to stay in power, as in any democracy?

  4. If tamils stop fighting there will be no war. Many tamils live peacefully. Go to Colombo. Tamils hold top jobs in private sector and government

  5. Just think about this:

    1. Mahinda Rajapakse had won a war against the LTTE. In 600 or more years he was the most successful Sinhalese leader. Yet in his speech to the nation to declare victory – he started off in Tamil telling the Tamil people that the war had not been waged against them.

    2. No Sinhalese leader offered the Tamil people, the LTTE and the international community as much as Ranil Wickremasinghe. Today the UNP is paying the price for that. But when Ranil Wickremasinghe wanted the Tamils to recognise his efforts and make him President – the LTTE banned the Tamils from voting and no Tamil spoke against this.

    3. No peace process is a cake walk. It takes hard work. Ranil Wickremasinghe was willing to do that – yet when the LTTE kept openly flouting the peace process – no Tamil spoke against it and there were no mass rallies calling on the LTTE to stay in the process.

    4. If we want to talk about the ‘ethnic cleansing’ then let’s talk about the cleansing of the North of the Muslims who till today live as refugees. Which Tamil moderate spoke against that? It was done to avenge the emergence of the SLMC.

    Tamil civil needs to get out of diaspora politics and get out of the LTTE yolk. They need to get strategic and start building working relationships with the other communities. They are not doing this.

    • stan:

      “Tamil civil needs to get out of diaspora politics and get out of the LTTE yolk. They need to get strategic and start building working relationships with the other communities. They are not doing this.”

      I think there is no problem to this suggestion but first thing first. Get an international independent accountability process in motion. We all want to know what happened to the missing people. Nothing can ease the pain and loss without this accountability process. If the SL regime does not want to do this, as it had to this day, then we have to move it forward with the international help.

      Thambi:

      “Yes, the international community was not concerned with the lives of the LTTE but neither were they concerned with the hostages. They were more interested in appeasing a malleable voting bloc made up of Tamils in London, Toronto and to a lesser extent Paris. Notice how countries without Tamils showed less concern for the hostages..”

      In a way, you are right. If the international community and the UN, knowing what was happening in the war zone, had intervened then thousands of lives could have been saved. It is necessary that an international independent investigation should be instituted to determine how many thousands were murdered by both sides now that it is becoming increasingly clear that close to 140,000 may have been murdered.

      • Dear jansee;

        “I think there is no problem to this suggestion but first thing first. Get an international independent accountability process in motion.”

        Why do you think your first thing should be others’ first thing? You seem to think like a “P.c.” government. I don’t think your assistance was sought to sort out others’ priorities.

        You will see what will happen to CH4, when they are brought before the Law. That tiger paw must be trembling now. Wait until we start the second phase against the diaspora terrorists. That is one of our priorities at the moment.

        “It is necessary that an international independent investigation should be instituted to determine how many thousands were murdered by both sides now that it is becoming increasingly clear that close to 140,000 may have been murdered.”

        Next time please put one more 1(one) in front of that figure. You think Tamils are “amoebas” to multiply so fast?

        Thanks!

    • It is easy to write nonsense without analysing the entire situation and the basic reasons for any crisis.

      Sinhalese and the Sinhala leaders responsible for the ethnic conflict as the Tamils were refused equal status, freedom, human rights, language rights and apply rule of law equally to all.

      State terrorism and Sinhala hooliganism has contributed to the birth of the LTTE as the Tmails’ peaceful protests were met by violent forces.

      International Community must investigate all crimes by the Tamils, Sinhala, Muslims and others and accountability and justice is a must prior to any meaningful reconciliation. If not, the only solution can be a separate state for the Tamils.

      As Tamils in Tamil Nadu boils at present, the crisis can change in the future and Sinhalese may have to face the consequences of their criminal acts.

    • I am shocked that the writer writes about democracy in Sri Lanka when the current Rajapakse regime in Sri Lanka does not practice democracy at all.

      State terrorism, continue with emergency even the war has ended, attack on media and journalists, deny access to huamn rights organizations to tamil areas, kidnapping, rape and murder of people, there is no proper investigation to the crimes committed, impunity to the criminals and I really do not understand how a journalist can call this as a democractic state?

      The world is aware of Rajapakse regime’s sponsored propaganda to cover up state terrorism, war crimes and human rights abuses all over the world.

      The war may have been won temporarily but the Sinhala Apartheid regime has not won the hearts or the support of the Tamils and it will never take place without accountability for the crimes committed.

    • Dear Stan,
      Ranil could have formed a government but for the fact that MR induced 17 UNP MPs tp crossover to the UPFA with offers of portfolios,perks,power and even cash.
      Thus, the electorate did not reject him totally.
      He would have settled the LTTE insurrection without loss of thousands of lives on both sides.
      MR achieved two thirds majority and pushed the 18th amendment through parliament and has achieved absolute power.
      He promised abolition of the executive presidency to come to power,but after ‘tasting’ absolute power,he has forgotten about it.

  6. yapa:

    Neither did I ask you to poke your nose into a reply I made to someone else’s. What a magnaninimity? Anyway, do we have to ask your permission to file cases against the regime including Palitha Kohona in ICC? We did not even have to ask your President and, after all, you are not even in the map. You know what happened during the Oxford adventure, don’t you? That was only a tiny bit of what is yet to come. A war without witnesses?
    A humanitarian operation? That myth will be shattered and we don’t need yours nor any of the regime’s permission to do that?

    Well, good luck in your adventure against CH4. Not once, but thrice the complaint against the Channel has been thrown out. Believe me, we are very anxiously waiting for the often repeated legal action your regime wish to pursue against CH4. What better way to pull the crab out of its hole?

    Our quarrel is with the SL regime and its pawns like you. We have no quarrel with the Sinhalese people. So, I wouldn’t descend to your cheap level of you calling the Tamils as amoebas.

    The SL regime has its hands full, and you can write whatever you want and as you have mentioned that the target is now the diaspora, but just remember the Oxford episode and our demand for accountability for the loss of so many civilians will continue. Try stopping it if you can?

    • Dear jansee;

      “Try stopping it if you can?”

      No two words about it. It will be stopped.

      Thanks!

      • yapa:

        “No two words about it. It will be stopped.”

        Oh yes, we saw how it was stopped, didn’t we? By taking flight through the back door and lucky enough before being hauled up by the court.

        If Shavendra lies to you people, and your media picks that up, am I surprised. We, too, know what happened there. Telling people that the US summons would be ignored but quietly appoint a lawyer to represent MR – how more hilarious you guys can get. There will be even more summons appearing in the doorstep and choose to ignore them at your peril. And hearing all these who should be sweating and trembling? Pathetic indeed.

  7. yapa:

    News that I just received – that a lawyer has been retained by the justice ministry to represent MR in the US court action, and this, after telling Sri Lankans and the whole world that MR and regime would ignore the “insignificant” summons. So much for your big talk?

    • Dear jansee;

      Not only that, please read the article in the link below.

      http://www.thesundayleader.lk/2011/06/26/lanka-taking-channel-4-to-court/

      Further, what happened at the seminar in New York? Those foul criers of chnnel4 were dumbfounded when Shavendra talked. Those [Edited out.] have to pay for the evil deeds they did.

      Is your brave heart trembling?

      Thanks!

      • yapa:

        Groundviews had just produced/published an account of what actually transpired during the CH4 seminar. Wish you could pull your ostrich head from the sand.

      • Dear jansee;

        [Edited out.]

        What an irresponsible channel? They or you as a supporter cannot stand for what they try to say to the world. They (and you) say that the video shows “crimes committed in Sri Lanka by SLA personnel. Still no one has any evidence to say the scenes in the video were taken place in Sri Lanka or the persons in uniforms are SLA personnel. Those are just assumptions, taken arbitrarily in favour of your arguments. Even the videos are true, there is no way to attribute them to SLA. Until that gap between the videos and your arbitrary conclusion that uniformed men are of SLA is filled, none can say SLA committed those crimes.

        If you assert the conclusion it is your (and CH4 gas)responsibility to prove it. Arguments with gaps do not lead to conclusions. Only irresponsible garbage like people can come to that nonessential conclusion.

        Jansee, how much is 4+ 4? Butterfly? decomposed pumpkin?

        What nonsense are you talking in prejudice and hatred? To achieve your foul end, you will have to spin unending half lies like CH4 videos.

        Thanks!

  8. I don’t understand why the Gov. is not willing to devolve the power. If they do a system like in India, it is good for the country in total. There will be competition between provinces in turn that will increase productivity.

    What is the problem with that? Why the south is not willing to go that extra mile?

    Hey, I am a Tamil lived in South and now living in North. In my opinion there is no problem with Tamils and Singalese people. There is a problem with Tamil leadership and Singalese Leadership. I personally think it is easier to live with Singalese than Tamils.

    Tamils are too selfish and crooks. Their only goal is Money Money Money.

    Sorry about that, But that is what I feel!

    • Sathees,

      I live in the east, and agree with you: there is no problem with Tamil and Sinhalese people; but Sri Lankan politics is like a septic tank: the biggest pieces of [Edited out] always float to the top.

    • “Tamils are too selfish and crooks. Their only goal is Money Money Money.”

      It is a pity that all the Tamils do not confirm to the above; if they did they would not have started the liberation struggle; they would have just cared about the money! The job of the Sinhala chauvinists would have been much easier!

  9. Two wrongs NEVER made a Right and citing the MAI Lai massacre which was investigated and was the turning point in the Vietnam war to argue that there is no need for an investigation is downright STUPID!. Even if the Channel 4 documentary is complete fiction, which I doubt it is having seen the footage, there still is the UN Report and the testimony of thousands that point to military excesses and war crimes during the last days which need to be investigated.
    However, since Rajapakse had command responsibility they will not investigate and instead keep denying that there were any crimes and covering up. This denial is blowing up in their faces!

  10. yapa:

    When I see what you write and what Palitha Kohona/Shavendra Silva argue after the screening of CH4 video, there is this uncanny semblance of this regime trying to lie its way to the surface. But, of course, too bad, your argument on this “gap” business has no takers – just too hollow for even a quick peek into it. After all, when such things come from people who have little or no credibility, then it would be acceptable to continue with the work of “pulling the crabs from their holes”, no matter how much they protest or pretend, and that is what is exactly happening. For all your efforts it does concern me that you are missing too many targets and whether it is about butterflies or decomposed pumpkins, do I really care?

    • Dear jansee;

      “For all your efforts it does concern me that you are missing too many targets and whether it is about butterflies or decomposed pumpkins, do I really care?”

      That means you are committed achieve your end, though you found it is not justifiable.

      Is that what you mean? You are trying to punish somebody for something you have no proof, but you like arbitrarily to think as crime?

      No proofs, means you cannot punish. Criminals in Fairy Tales or Fantasies cannot be prosecuted in real world.

      Thanks!

  11. This article is written as if the ethnic Americans(Red Indians) were killed by the present US govt.. Look at what China is doing in Tibet. today, right now. They are killing innocent Buddhist monks. Why don’t they talk about it?

  12. What a load of rubbish !! Usual apologist from “patriotic” stable

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Located at the Centre for Policy Alternatives in Colombo, Sri Lanka, Groundviews is a citizen journalism website that uses a range of genres and media to highlight critical perspectives on governance, reconciliation, human rights, the arts and literature, democracy and other issues. The site has won two international awards, including the prestigious Manthan Award South Asia in 2009. The grand jury's evaluation of the site noted, "What no media dares to report, Groundviews publicly exposes. It's a new age media for a new Sri Lanka... Free media at it's very best!"

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