Shenali Waduge

So the UN Panel Report, commissioned arbitrarily by the UN Secretary General has been made public. The next question is what lies next for Sri Lanka & how best would Sri Lanka need to react & how far are Sri Lankans likely to be affected?

Whatever decisions are taken in the forthcoming weeks or months, the UN would enter the history books as a biased & unjustified entity & the UNSG would be entered as the biggest puppet UNSG in history. Years from now, future generations would wonder why a country that had decided to militarily crush a terrorist organization has been punished unnecessarily, that too despite over 3 decades of peace negotiations, cease fires & global trips failed to move these terrorists away from killing innocent people & bringing terror to Sri Lanka. People would also wonder why powerful countries allowed LTTE, a designated terrorist entity to run & operate international offices & even hold public meetings while its international leaders spoke openly in favor of separatism & even justified killings? Future generations would certainly find these occurrences bizarre & by which time, a UN may not even exist since it has turned itself into a puppet.

The most confusing element of this Panel Report is its ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-accountabilityƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ factor citing the deaths of civilians during the last stages of war. To those brainwashed into believing the LTTE are innocent as lambs must first need to know that its tiger cadres were mostly posing as civilians, many of whom even posed as civilians when they realized that the LTTE was fighting a loosing battle & gave themselves up. Some of these cadres have even been rehabilitated & a number have even been given in marriage with the marriage ceremony arranged by the GOSL with the Sri Lankan troops and this itself should be sufficient proof that the GOSL nor the Sri Lanka Armed Forces have deliberately killed civilians.

Furthermore, it would be rather silly to declare that civilians did not die for the final battle between the armed forces, the LTTE were using their own people as human shields. It was because Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Government gave strict orders to ensure zero civilian casualties that the armed forces themselves ended up sacrificing their lives. 6000 of such war heroes died as a result. Are they not human & are their deaths not of significance? Bringing to zilch the crux of the argument the panel of experts are trying to bring is the fact that while civilians may have died it is not anything done purposely by the armed forces for if there were any orders to kill Tamils, why would the armed forces have taken 300,000 such Tamil civilians in a carefully orchestrated humanitarian rescue operation which took days to complete & which delayed the total elimination of the LTTE. Such was the consideration of the GOSL that India need to also remember that the fall of the LTTE was even delayed so that the Indian elections would not jeopardize results of the ruling UPFA Govt.

Can the panel of experts explain why LTTE would send a suicide cadre amongst the civilians entering an army rescue tent to blow herself up & kill the innocent female soldiers helping Tamil children & women while also killing several Tamils as well? Does this not depict the brutality of the LTTE? Let the world please ask why the UN, the international community especially countries like UK, US, Norway & others why despite the horrid lists of LTTE atrocities committed over 3 decades nothing had been done by them. If the UN loves the word ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-accountabilityƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ so much when after the Cease Fire Agreement of 2001 & the arrival of the Sri Lanka Monitoring Mission of several Scandinavian countries that recorded over 3000 violations by the LTTE has not used these entries as evidence & proof of LTTE murderous tendencies. It is only morally correct ƒÆ’-¡ƒ”š‚ that before a democratic state is taken before any international court or even reprimanded for any unintended fallacies. the UN, the Security Council members need to first take action against the LTTE which is proscribed in 33 countries as a terrorist organization ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” since this denies them any international rights whatsoever & UN has no right to be protecting any of these members if it has read its own Resolutions!.

However, if the UN decides to impose sanctions there are several types of sanctions that can be implemented. Diplomatic sanctions, economic sanctions, military sanctions (military intervention) & even sports sanctions.

In the case of Iraq sanctions imposed by the UN will be remembered for more failures than successes. By imposing sanctions on Iraq the UN was violating its mandate of protecting human conditions ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” UN actions created a humanitarian disaster situation by depriving the Iraqi populace of food & medicine. The Oil-for-Food program found UN officials involved in kick-backs. Living conditions of IraqiƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s have been deteriorating since the sanctions & continues even after the occupation of US & allied troops in Iraq.

Sub-Saharan African countries have been faced with targeted sanctions by the UN (boycotts on special commodities ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” oil, diamonds, timber products), travel, restrictions on aviation, asset freezes, embargoes & diplomatic restrictions. Somalia was the first to receive sanctions in 1992, Liberia, Angola, Rwanda, Sierra Leone, Ethiopia, Eritrea, DRC, Ivory Coast & Sudan followed. The sanctions committee is tasked to oversee these sanctions & work closely with UNSG appointed Panel of Experts. These Panel of Experts are able to report on illicit activities, offer strategic advice on types of sanctions to impose. It must be noted that these Panel of Experts function independent of the UN Secretariat. Once the Panel publicizes its report the Sanctions Committee will review & send its findings to the UN Security Council. A common theme among Panel of Experts has been to increase the capacity of UN peace keepers

With over 66 UN resolutions ignored or rejected by Israel its other violations include attacks, invasions on Egypt, Jordon, Iraq, Lebanon, Syria & Tunisia. Egypt, Lebanon & Syria being occupied by Israel for years while Israel continues to illegally annex SyriaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Golan Heights, Jerusalem, Palestinian territories. Wars associated with Israel started in 1956, 1967, 1982. Unlike hearsay, Israel does possess weapons of mass destruction as well as nuclear weapons. The most notable atrocity against civilians committed by Israel is the 1982 invasion of Lebanon which killed 17,500 Lebanese civilians. Despite over 66 resolutions been ignored by Israel it has never been under UN sanctions.

There are over 66 UN Resolutions that have been ignored or rejected by Israel some of which include resolutions on human rights issued by the Geneva Convention. Some of the name areas covering these resolutions include : Palestinians refugees have the right to return to their homes in Israel, IsraelƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s occupation of Palestine is illegal, IsraelƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s settlements in Palestine are illegal, Palestine have the right to self-determination, reaffirmation of the Palestinian State. Other UN resolutions include ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” 54, 93, 101, 106, 111, 127, 162, 171, 228, 237,248, 250, 251, 256, 259, 265, 270, 271, 280, 285, 298, 313, 316, 317, 332, 347, 425, 427, 444, 446, 450 (calls upon Israel to stop attacking Jordon), 452, 465, ƒÆ’-¡ƒ”š‚ 467(deplores Israel military intervention in Lebanon), 468, 469, 471 (failure to abide by Geneva Convention), 476 (reiterates that IsraelƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s claim to Jerusalem is null & void), 478, 484, 497 (IsraelƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s annexation of SyriaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Golan Heights is null & void & demands Israel rescind), 498, 501, 509, 515, 517, 518, 520, 573, 587, 592, 607, 608, 636 (deplores IsraelƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s refusal to cooperate with the UN), 641, 672, 673, 681, 694, 726, 799. Incidentally the US has vetoed 29 of these Resolutions against Israel. The threat of a US veto, stops many serious resolutions against Israel from even getting to a vote, and causes those resolutions that do get to a vote, to be significantly watering down (in the hope that the US might not veto them).

However, the case of Iraq is very different. There have been only 16 Resolutions against Iraq. UNSCR 678, 686, 687, 688, 707, 715, 949, 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, 1284.

Iraq has invaded Iran & Kuwait but has not occupied any nor has it illegally annexed any territory. However it has started wars in 1980 & 1990. Contrary to claims made by US & even backed by UN, Iraq does not or never did possess weapons of mass destruction nor nuclear weapons. IraqƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s most notable atrocity against civilians include killing of 5000 Kurdish civilians in the village of Halabia in 1988. However, unlike Israel, Iraq did not only become victim to sanctions where millions of children died, it is being forcefully occupied by the US.

In the case of Sri Lanka, many complexities prevail. In 1998 the UN adopted the International Convention for the Suppression of Terrorist Bombings. This convention required member states to take action against those using bombing to provoke a state of terror. What the Convention said was that terrorism ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature and are punished by penalties consistent with their grave natureƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚. This alone would suffice for the GOSL to take stern action against the LTTE. LTTE is a terrorist organization & listed so. The following year (1999), the UN Security Council passed an even stronger resolution again calling on member states ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-cooperate with each other, particularly through bilateral & multilateral agreements and arrangements, to prevent and suppress terrorist acts, protect their nationals & other persons against terrorist attacks and bring to justice the perpetrators of such actsƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦..ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚prevent & suppress in their territories through all lawful means the preparation & financing of any acts of terrorismƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚deny those who plan, finance or commit terrorist acts safe havens by ensuring their apprehension & prosecution or extradictionƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦take appropriate measures in conformity with the relevant provisions of national & international law, including international standards of human rights, before granting refugee status, for the purpose of ensuring that the asylum seeker has not participated in terrorist actsƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚exchange information in accordance with the international & domestic law, and cooperate on administrative & judicial matters in order to prevent the commission of terrorist actsƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.

Reading through these Conventions, one would think the UN would be fully in praise of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s action against the LTTE though the real story remains quite different.

LTTE has openly held massive public meetings globally. No country has even opposed such meetings or disallowed it to take place. LTTEƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s official head office was in London, today its utopian & farcical ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-transnational governmentƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ is being run from US. Foreign politicians have even attended these public meetings & addressed the people present voicing their agreement on LTTEƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s desire for a separate state. There is no point in bringing examples of how easily the Tamil Nadu politicians can be bought over by the LTTE! No action has been taken against any of the politicians by their Governments or parties. The LTTE has been & continue to openly raise funds for terrorist activity. They have offices in UK, Canada, Netherlands, Switzerland, Germany, Italy & other Scandinavian countries. These offices even cater to human smuggling & extortion as well as illegal narcotics trading. Even though police of these countries are well aware that these illegal activities are taking place little or nothing has been done even to stop them from extorting money on a monthly basis from Tamils residing in these countries. These Governments even allow large posters of LTTEƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s leaders to be displayed & recently a statue of Tamil Chelvan was erected in France despite opposition by Sri Lanka.

What good have these Conventions or Resolutions been to the people of Sri Lanka when openly LTTE terrorists have had a free hand for decades watched by the UN which has done pittance to protect Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s civilians from being bombed by LTTE terrorism?

LTTE has not only targeted Sri Lankan civilians, they were brave enough to kill a former Indian Prime Minister on Indian soil in 1992. It could have been IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s chance to help Sri Lanka defeat LTTE if India so desired for their anger in killing a person belonging to a dynastic family, however despite the assassination of Rajiv Gandhi & the death of almost 2000 IPKF soldiers who were sent to Sri Lanka, India allowed LTTE to prevail. India decided not to crush the LTTE when Rajiv Gandhi was assassinated which clearly spells that its strategy for Sri Lanka vis a vis manipulation of LTTE was far more important than avenging the death of Rajiv Gandhi. Therefore, let India know that they may be able to fool the GOSL but the people of Sri Lanka know that India never sided with the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s determination to eliminate the LTTE not even when India lost its own son of India. This alone should make Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s politicians keep India at arms length & it baffles us to why we would even remotely consider sending delegations for India to study the UN panel report & beg for IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s assistance. Assistance by India would not come cheap, would not come without strings & would definitely end up compromising the integrity of our country.

Does the GOSL have to be repeatedly told that India would diplomatically give one statement, promise sun & moon to the delegations Colombo sends & completely do the opposite with the end result being detrimental to Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s interest? Do Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s politicians have to be repeatedly warned that actions taken by India would never be to the interest of Sri Lanka but its own? Can our politicians stop putting our nation at the risk of being handed over to India as a protectorate sooner than later?

Similarly, it is also surprising why GOSL would even desire to hold talks with the TNA when it so vocally declares it is & has always been for a separate state. TNA was even quick to welcome the panel reportƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦.do our politicians ever learn? If they do, it would have been the task of Sri Lanka Foreign Ministry now called the External Affairs ministry to have already compiled answers for all the ammunition being fired our way through UN channels? Instead, the Minister & his stooges have clearly disappointed Sri Lanka by dilly-dallying with such an important issue? What good have all these State-sponsored trips to foreign climes actually done? NOTHINGƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ only now the big-wigs are thinking of a strategy now that the report has come outƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦shouldnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t we have anticipated such when Sri Lanka was aware of the opposition to ending the war effortƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦& even while Sri Lanka was doing its best to take care of the civilians in the camps? With the opposition & accusations piling on top, it was up to the Foreign Affairs Minister to guide his men/women to take on the international battle ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦its pointless issuing statements no one can understand, where sentences & speeches are so long! The Foreign Minister has much to make up for & needs to act promptly.

So we are at a critical juncture as a country. As citizens we understand what a hard fought war our armed forces went through. We also knew the commitment with which the entire armed forces were engaging. As citizens we were certainly proud of the manner they were able to rescue thousands of men, women & children some of whom they knew were LTTEƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢rs deciding to give themselves in. They were not denied entry but they were segregated, they were taken through a rehabilitation programs whilst the hardcore terrorists will soon face legal actions. As a nation we stood proud of the achievement for Sri Lanka became the ONLY country to militarily defeat a brute terror force. We also remember our friends Pakistan, China & Russia who helped us when the pressures mounted.

As a nation, we have limited natural resources, we are certainly not rich like Iraq, Libya, Afghanistan, Kosovo are to the West which attracted military intervention & action backed by the UN. We have only our strategic location which despite its benefit has become a bane of sorts. We wonder what other factors other than the monetary appeal that the LTTE diaspora has that makes the West & the UN so ready to be so biased & unfair to a sovereign nation because we can easily prove that we have committed no crimes against humanityƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦let the people answer all the questions of the Panel for the people will provide better answers with enough proof to nullify all the allegations that have been made without proof or even witness accounts.

All Sri LankansƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ need to remember that it is their country at stake. We seem to be caught up in a situation where we will have to choose which step brother ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” the West or IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦neither desiring to maintain the sovereignty of our nation. Keeping aside corruption as that is a global phenomena, it is the sincerity of Governments & politicians that can salvage the nation now & protect the people of Sri Lanka.