Issue of the “Children” killed by SL Air Force attack & the Way Forward

Shenali Waduge

When the Israeli’s struck Qana killing 50 civilians and around 16 children the UN Secretary General was quick to claim that the Israeli action was tantamount to the breach of “international humanitarian law”.

Dan Gillerman, the Israeli Ambassador to the UN’s reply was plain & simple “Every dead Lebanese child is a horrible mistake and a tragedy. For them [Hizballah], every dead Israeli child is a victory and a cause for celebration."

Then came news of the deaths of over 60 “children” by the Sri Lanka Air Force on an “orphanage” in the LTTE controlled Mullativu District, North of Sri Lanka.

The Governments statement was also plain & simple. “gender or age is not important when they are trained to kill”. It was also added that this particular site has been under investigation since 2004. Aerial photographs of firing ranges and weapons stores at the site was also released to the media to counter the claims made by the LTTE. Why not ask the US soldiers what they would do to “kids with arms in Iraq”!

Before completion of any investigation of the incident the world was quick to condemn the Sri Lankan armed forces taking into consideration statements issued by pro-LTTE media networks. From the SLMM to the International Media, the UN Secretary General & even our own Radhika Coomaraswamy who is now the special representative of the Secretary General for Children & Armed Conflict has voiced “shock”. The action by the Sri Lankan Air Force was once more to have breached “international humanitarian law”. Surprisingly enough Ms. Coomaraswamy who is very much aware of the real LTTE behind the masquerade it portrays internationally has even called for the country to “re-enter the negotiating table”.

Since the 2002 cease fire agreement UNICEF has accused the LTTE of recruiting over 3500 child soldiers. The UNICEF further estimates that almost 40% of child soldiers are female. This leads us to several questions. Why would a terrorist outfit accused by UN agencies of child recruitment simultaneously run an orphanage? Was it just a coincidence then that the majority of the dead “orphans” were school girls on some first-aid training but not wearing white uniforms but shorts beneath their black skirts & why would they have to undergo overnight training on leadership & first aid?

Something is not adding up. Why would that orphanage have to be located in jungle shrubs away from human habitat? Why was it only limited to a certain age group bordering adulthood?

The UNICEF has categorically declared that the orphanage was indeed an orphanage and has dismissed the Governments version. The SLMM too as expected immediately passing its verdict against the Government has also noted that the area was ideal for training. There should be no necessity to have to repeatedly tell of the number of falsehoods the LTTE is capable of making. Therefore, the Government should ask UNICEF, SLMM and anyone else willing to accept the LTTE version to answer to the “ambiguities” that shrouds the “training” of these “orphans”.

Now coming to the question of child soldiers - the United Nations spends a lot of money & manpower for its representatives to unearth evidence of individuals or groups engaging children in armed conflict globally. As the Head of UN Children’s Fund Ann Veneman says that these children “innocent victims of violence”. Her statement is very true. Today child conscription is not only regarded as a war crime against humanity but one that is also against human rights. Individuals or Groups are presently being prosecuted by the International Criminal Court. Therefore we all are hopeful that the evidence before them the UN agencies should be enough to take the LTTE to the International Criminal Court. However, nothing has been forthcoming. Merely delivering reports and statistics is not going to do good to the victims concerned.

Returning to the issue of child soldiers, these children are often forcibly conscripted to join the LTTE. Having gone through the tiger training they “pass out” as young tiger cadres – girls or boys ready to kill some even brainwashed to becoming suicide bombers. If they are ready to kill then they have to be ready to be killed as well. People need to accept this fact.

The problem we are presently faced with is that we have a large number of young girls killed following an aerial attack by the Sri Lankan Air Force. The Government and the Military is persistent in its claim that it is a tiger training camp. The LTTE is using its propaganda machinery vis a vis the backing of their Nordic friends & other interested parties to counter the claim. An inquiry needs to be held forthwith but with the training camp in “tiger territory” by the time impartial investigators arrive at the scene we wonder whether they would be able to see what really went on in that training camp. Already the world seems to have concluded that the Sri Lankan Government has breached international humanitarian law.

There is nothing surprising in what the LTTE does – with over 20 years experience Sri Lanka is very much aware of what it is capable of doing. But it is quite surprising how international agencies are quick to pick up on what “banned terrorists” claim across media networks and issue strongly worded statements to a legal Government.

The international community is quite satisfied in an “interim set up” for Sri Lanka – a time period that is similar to the lull before a storm. The “negotiations” conditional or unconditional easily provide that ambience. So far it has only suited the “terrorists” as the period has been used to consolidate both men and arms.

Why the international community is disappointed in the Government of Sri Lanka (present & past) can be attributed to the fact that no noteworthy proposals for a compromised solution have been forwarded. Each time a new Government comes into being there is furor over “all party talks” and appointment of committees and the talks usually last almost upto the next election. Then along comes another party and we start from scratch. Why not review the 2000 draft constitution for which President Kumaratunga’s colleague Neelan Thiruchelvam himself a Tamil was assassinated by the LTTE for drafting it. Unfortunately, the constitution was torn to shreds by the UNP Parliamentarians when it was introduced to Parliament. The UNP leadership was upset over the provision given for Mrs. Kumaratunga’s term as President not having any changes. Without taking months and years to redraft a fresh constitution why not use this same one and have the newly appointed committees make any revisions as deemed appropriate. This constitution was accepted by the Tamil parliamentarians at the time.

With a definite solution put forward by the Government, the international community will have no excuses for siding with the “rebels’ if they decide not to become party to it. With the tigers cornered they will face a very uncertain situation & future which is becoming more and more apparent as each day passes. The Government too needs to get its act right – for all the rights it can be commended for there are also some wrongs that need to be addressed as well. Then only the full backing of the people will come without any conditions.