South Asia - Articles

Ghosts of the recently concluded ethnic war continue to haunt Sri Lanka. Allegations of war crimes and human rights abuses during last stages of war are coming to the fore.

 

Former Army Chief, General Sarath Fonseka, who is currently one of the presidential candidates, has accused President Mahinda Rajapaksa’s brother and Defence Secretary, Gothabaya Rajapaksa, of ordering the killing of LTTE leaders who came forward to surrender during last stages of war. Despite being in command at that time, Fonseka claimed that he was not aware of direct orders by the Defence Secretary as he was visiting China. Fonseka has promised inquiries if he is elected president. This sounds more like a political gimmick, as the former Army commander is keen to woo minorities and also to malign Rajapaksa government. The opposition that supports Fonseka is doubly enthusiastic in highlighting the other side of war so as to erode the popularity of the leading contestant Rajapaksa. Given the fact that majority of Sinhalese votes will split among the two leading contestants, minority votes are crucial to gain requisite 51 per cent mandate. The whole truth may not come out even if Fonseka wins and sets up an enquiry commission. A commission under UN aegis may be in a better position to throw light on the true picture. The UN special rapporteur on extra-judicial, summary or arbitrary executions has already called for a report from Colombo on the allegations. But, it is doubtful whether Sri Lanka will allow for a direct UN enquiry irrespective of whoever becomes president.

 

The international community has also called for an enquiry on human rights abuses during the war, with a threat of aid restrictions. Other than the EU, the United States is also keen that Sri Lanka enquires into allegations of war crimes committed during Eelam War IV and brings to justice those responsible for human rights abuses. The recent US Senate and House of Representatives Conference report of the 2010 Appropriations Bill directed the Secretary of State Hillary Clinton to submit a status report on the issue. The Bill restricts any military assistance to Sri Lanka unless the Secretary of State certifies that Colombo is in the process of prosecuting its military personnel who violated internationally recognised human rights or international humanitarian law. The US also expressed concerns over the displaced Tamils who are still detained in closed camps, as well as other persons including journalists who have been imprisoned. The US also wants Colombo to take credible steps to promote reconciliation among Tamils and other minority ethnic groups and put in place a lasting political settlement without much delay. At the same time, Washington is not hard on Sri Lanka fearing the possibility of increased influence of countries like China and Iran on the island. The US, therefore, is balancing out by enhancing other financial assistances.

 

Although India has maintained silence over the entire war crimes debate, what is observed with concern by New Delhi is the shifting of focus from serious issues like rehabilitation, reconstruction and the lasting political settlement for the minorities. In a surprise move the government of Sri Lanka recently announced freedom of movement for refugees, that number about 1,35,000. They can now visit their relatives, but have to inform of this in advance and return to the camps. This announcement came as a relief to many who felt restricted in the camps and faced a shortage of essentials. The move was prompted again by the upcoming presidential elections. With the polls in mind, the Rajapaksa government has set a new deadline of 31 January for resettlement of the remaining displaced. Those IDPs who were resettled thus far received tin sheets sent from India to help rebuild their homes, 25,000 Sri Lankan rupees (US$200) in cash from UNHCR and six months of dry rations from the World Food Program. Farmers got additional agriculture grants to revive agriculture in their villages. Demining is still going on but at a slower pace due to the monsoons. The reconstruction and resettlement process may take the whole of 2010.

 

India is also concerned that the political settlement of the ethnic issue has taken a backseat. The All Party Representative Committee (APRC) has finally submitted the report, but it will be opened for debate only after presidential and parliamentary elections. India has been pushing for a ‘13th Amendment Plus Plus’ formula (going beyond the 13th Amendment that enabled devolution of powers to provinces divided after the 1987 Indo-Sri Lanka Accord), a solution it feels will be acceptable to all communities of the island. India has to secure firm guarantees from both leading candidates that they will work seriously for a lasting solution once elected to power. India should make sure that they do not succumb to the pressures of hardliners present in both camps. India should remind Colombo to refocus its attention on priority issues like rehabilitation of refugees, reconstruction of war ravaged northeast and political settlement of the ethnic issue.