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Human Rights Violations in the Scheme of Things

Dilrook Kannangara

It has become fashionable for some to lopsidedly criticize the government for HR violations as it is fashionable for a buffalo to run in the herd. They deliberately forget the ‘centre of evil’ as HLD Mahindapala has correctly identified. Not only the LTTE is the biggest violator of HR, it also by its existence forces others to follow suit or die. Why are the Tamil armed groups (apparently most HR violations are committed by them) armed? To guard themselves from the LTTE terrorists. This is the cause and the centre of evil. As long as this is present it is foolhardy to expect others to sheepishly die without committing HR violations! Without curing the LTTE cancer if the government wants to disarm the Tamil armed groups, it will double or triple the number of wars and that means double HR violations as now! How about that?

HR violations alleged against the government are of five types when analyzed scientifically.
HR violations against apparently innocent individuals not directly connected to the conflict by proximity nor association with terrorists
HR violations against LTTE activists, suspects and apparent terror abettors
HR violations naturally occur in, around and as a result of conflicts
General HR violations generally occur against the whole population
HR violation of defence authorities and security personnel hindering their duty


Type 1 category encompasses those instances where individuals are abducted for ransom, self-abductions, eviction of lodge-dwellers and harassment of innocent individuals. This type of violations should immediately stop whoever is engaged. Lawlessness refers to these acts. In fact real human rights activists are concerned mainly about this category. The government should take responsibility for these unfortunate events and punish the culprits.

Type 5 violations also need to be taken seriously as type 1 violations. Perpetrators should be punished according to emergency regulations, PTA and other relevant legal provisions. These perpetrators might be hiding behind the UN, etc. but, they need to be punished as the jungle dwelling terrorists.

Type 2 to 4 categories are necessary evils that have to be put up with by the population or a section of the population in a democracy threatened with terror, disintegration, extinction and barbarianism of untold proportions unleashed by the LTTE. The most the government could do is to manage it so that it remains within reasonable limits. Stopping search operations, mass arrests on suspicion of terrorism, retaliatory attacks on LTTE targets, offensive operations against the LTTE terrorists and seek and destroy missions against the LTTE and its peripherals should continue until the last tiger dies. The government should also appreciate the scale of the problem. It affects even remotely less than 10% of the total population and there is no point in endangering the security of 100% of the population by playing ostrich. Additionally, alleged violations by the troops, etc. are at a very low level compared to the comparables elsewhere and even in this country. When the Indian army was here, rape (something not alleged today), extra judicial killings, etc. were at Bandit Queen levels!! This is an inevitable result of foreign occupation. No need to look at Iraq, Afghanistan, Afghanistan (again, this time by the other side), Philippines, Manchuria, Japan, Kuwait, Lebanon, Rhodesia, Congo (Nobel laureate UN Peace Keeping Force!) etc.; from 1505-1948 and 1987-1990 this happened here. This is what Ranil tried to celebrate in 2005 and that is what he wants again now. Mostly Tamils living in war ravaged areas obviously prefer the Sri Lankan army.

However, these too need to stop within a reasonable period of time and 2 years is not a reasonable period of time. Of course there are double standards when human rights of the Sinhalese were violated and when HR of Tamils are violated. However, there is a marked difference this time compared against 1971 or 1989. Then it was just a few months (less than 6 months) of grave HR violations against 13 months of violations from 2006-7 and there is no end in sight. This is the difference and this is what we should address. In other words, terrorists are not being killed at the rate of HR violations; this was not the case in 1989 when within 6 months of paramilitary empowerment, the terror leader was killed. Although HR violations continued, it was at a ‘tolerable’ rate, at least for our donors, AI, etc.
This strikes a cord with the majority view. Although they condemn HR violations, they refuse to be human rights extremists.

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