Sri Lanka's Tamil question: Justice, Lies and Videotape

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This article is part of the RNW archive. RNW is the former Radio Netherlands Worldwide or Wereldomroep, which was founded as the Dutch international public broadcaster in 1947. In 2011, the Dutch government decided to cut funding and shift RNW from the ministry of Education, Culture and Science to the ministry of Foreign Affairs. More information about RNW Media’s current activities can be found at https://www.rnw.org/about-rnw-media.

Sri Lanka’s thirty year war is now more of words than of guns, but it is no less bitter. RNW’s team in the country found fierce resistance in the Sri Lankan government to the current calls for international justice.

This story was originally published on 12 August 2011. It was the third article in a three-part series by an RNW team who had recently visited Sri Lanka. Read their first report here and read the second story here.
 
The problem in Sri Lanka today is that the presence of non-governmental organisations is dwindling, a fact witnessed when travelling across the east of the island – where once there were distinctive white NGO vehicles on every corner, the sight is now rare.

Desire for justice
With the help of one remaining NGO, which requested anonymity, RNW met nine freshly ‘reintegrated’ former Tamil Tiger guerillas who spoke of their desire for justice for all Sri Lankans.

But people in the heavily militarised north and east live in fear of reprisal if they openly criticise the authorities, creating the space for a vociferous Tamil diaspora, the foreign media, and a UN investigation, to demand justice. The Sri Lankan government is now hitting back.

Video counter-punch
Last week Colombo released a documentary video in response to British Channel 4’s Sri Lanka’s Killing Fields, in which it looks to discredit all claims that government troops killed and raped Tamil civilians and prisoners of war during the closing months of the conflict in 2009.

The narrator of Lies Agreed Upon rubbishes Channel 4’s documentary: "Doctored footage and deliberate lies are presented as authentic. It begs for review."

The film proceeds to refute claims that the military deliberately bombed no-fire zones and seeks to bring into focus atrocities committed by the Tamil Tigers.

'Based on lies'
Reactions from the Tamil diaspora to the film are predictable - "The Tamil community is disappointed. The whole documentary is based on lies. The people speaking are all under pressure from the government.

What would you do when you were a Tamil and you were under that pressure? You would probably go along with what the government wants," said Mohan, a Dutch Tamil campaigner.

Independent investigation
Tamils who feel free to speak openly say they want an independent, international investigation into the many claims of atrocities committed in 2009 and before. "We are requesting, pleading, begging the civilised world to stop the hypocrisy and double standards. And we’re calling for impartial investigations into missing persons," said Donald Gnanakone head of the US-based ‘Tamils for Justice’.

Probing for the truth
Colombo says it is investigating the period in question and that all Sri Lankans, not just the Sinhalese majority, are cared for by President Rajapaksa, an almost omnipresent figure to be found smiling down from countless billboards around the capital.

Evidence of this, it claims, is the President's creation of the ‘Lessons Learned and Reconciliation Commission’ (LLRC) last year, the stated intention of which is to "focus on the causes of conflict, its effect on the people, and promote national unity and reconciliation."

This body claims to have interviewed five thousand people of all ethnicities around the country in the building of its report, expected later this year.

The international community though, led by the United Nations Secretary General’s office, is not impressed by the LLRC’s work so far, saying it is "deeply flawed, (and) does not meet international standards for an effective accountability mechanism."

Credible
Lakshman Wickremasinghe is spokesman for the LLRC. Does he hear the ever louder calls from the outside world to make the Commission’s work more credible?

"I hope the international community doesn’t put pressure on the Commission because it’s the best mechanism the country has."

Greater pressure is gradually being brought to bear on the Sri Lankan government. The US Foreign Affairs Committee, which advises Secretary of State Hillary Clinton, says it is pushing ahead with plans to stop American aid to Sri Lanka unless meaningful investigation takes place and the guilty are brought to book.

Wanted: justice for all Sri Lankans
During RNW’s conversations in Sri Lanka with former Tamil Tiger fighters it was clear justice was a high priority for the Tamil community, not only indicting Sri Lankan generals but Tamil leaders too. Critics point out this is easy to say since most of the Tamil Tiger leadership was killed during the closing months of the war.

The desire for justice is not confined to one side, according to the UN’s former spokesman in Sri Lanka, Gordon Weiss: "I think there are many Sri Lankans of all ethnicities who support accountability, who support the rule of law, who support a frank and full discussion of the past history."

The problem is that justice has no track record in Sri Lanka: "Almost nobody has done jail time for the crimes that were committed in 1971 when tens of thousands of Sinhalese were killed, or during the uprising from 1987 – 1990. So there is a long and very profound history of a lack of accountability," he says in an exclusive interview with RNW.

He remains hopeful about an independent investigation followed by justice in the future. The UN however only wants to launch an investigation with the approval of the government of Sri Lanka, which is unlikely to happen.

The International Criminal Court does not have jurisdiction, as Sri Lanka is not one of the 114 countries that have signed up to the court. Direct referral by the UN Security Council seems to be the only option left, but with China, India and Russia as major investors in the country, they are expected to veto any resolution on a referral.

Cycle
Sri Lanka has suffered from a cycle of oppression and violence for decades. And as the former Tamil rebels in the town of Batticaloa told RNW, if basic rights are not upheld, that cycle will simply continue into the future.

The danger for Sri Lanka is that silent guns continue to be interpreted as lasting peace. As the NGO vehicles pull out, fear and impunity are left behind. Former Tamil Tiger Mutu told RNW: "I think there needs to be justice supervised by the international community. Because if the Sri Lankan government does it, it won’t be done properly."

 

This story was originally published on 12 August 2011.