Sri Lanka (SL) is a war-ravaged Asian country. The Northern and Eastern parts of SL are dominated by Tamil-speaking people (Tamils). The rest of SL is largely inhabited by Sinhalese. SL is a Unitary Republic. The Tamils have been fighting for devolution of powers to provinces. Their fight had been institutionalized with the formation of LTTE. SL had been in conflict with LTTE for more than three decades.
In 2009, SL army routed the LTTE from the Northern and Eastern parts of its mainland. It was a complete victory to the army with every ranking leader of LTTE is either killed or arrested and put behind bars. However, during the war, the army is alleged to have committed the violation of Human rights. And the International Community is demanding for settling the problem of Tamils amicably.
Moreover, after the war, the army marched to occupy the northern and eastern parts of SL with the objective of preventing any possibility of formation of LTTE-type organization. The SL government has permitted ex-servicemen to set up shops in these areas. Thus, intervention of army into the economic activities of the people has given death blow to the livelihoods of population.
LLRC report
In the aftermath of victory over LTTE, Mahinda Rajapakse, the Prsident of SL, constituted Lessons Learnt and Reconciliation Commission (LLRC) to recommend on the steps to be taken to heal the wounds of war. LLRC submitted its final report on November 20, 2011. The main recommendations of LLRC can be outlined as below:
- take up seriously the investigation of cases of disappearances and abductions;
- act stringently to curb activities of illegal armed groups
- reduce the high-security zones;
- return private lands occupied by the military;
- set in motion a process of demilitarization, including the phasing out of the involvement of the security forces in civilian activities and the restoration of civilian administration in Northern Province.
Steps taken by SL post-war
Indeed, the SL government has taken significant steps to rebuild the infrastructure that the LTTE allowed to crumble to its advantage. Roads, communication, connectivity, education have been improved. However, it is to be noted that the SL government has done little to address the issue of provision of minority “rights” to Tamils, for which LTTE had been fighting. After the submission of LLRC report, the SL government has constituted 3 committees to implement of recommendations of LLRC.
UNHRC resolution
Despite the seemingly positive steps taken by SL government, United Nations Human Rights Commission (UNHRC) has initiated a resolution against SL government. Why? The SL government, soon after the war in 2009, passed a resolution at UNHRC promising to evolve a political solution, by beginning with broader dialogue with all the parties, to the problem of tamils based on 13th amendment (13th amendment shall be discussed later). The SL government has gone back on its word. Even at the end of 3 years, no dialogue with all political parties, including Tamil National Congress, has been brokered successfully.
The SL government wants the matter to be discussed only at Parliament Select Committee (PSC). But PSC is a microcosm of SL parliament and since the representation on PSC is directly proportional to the representation in parliament, the TNC is bound to have less members of it on PSC and thus its contention is that any solution from PSC will not be in its favour. This intransigent stands by SL government and TNA have halted any progress towards seeking amicable political solution to the problem of Tamils.
The failure of SL government to keep its words has led to the initiation of resolution against it at UNHRC.
The UNHRC resolution
- Calls upon the government to implement the constructive recommendations made in the report of the LLRC and to take all necessary additional steps to fulfill its relevant legal obligations and to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation for all Sri Lankans.
- Requests the government to present, as expeditiously as possible, a comprehensive report detailing the steps it has take, and will take to implement the recommendations of LLRC and address alleged violation of international law
- Encourages UN high commissioner for Human rights and relevant special procedures mandate holders to provide, in consultation with and concurrence of SL government, advice and technical assistance for the implementation of above mentioned steps.
The resolution has been passed in 47-member body with 24 countries voting in favour, 15 against and 8 abstaining from vote. India voted in favour of the resolution, i.e. against SL government.
India and UNHRC resolution
On the face, it appears that India voted against SL government because of the mounting pressure by an important constituent of ruling UPA, DMK. But this is not all the case. India voted against SL government when all Asian counterparts voted in favour is to be mooted deeply.
India supported Tamil cause in the late 1970s and early 1980s. It had trained LTTE troops in its homeland. It had offered food and medical assistance to LTTE. But SL government forged INDO-SRI LANKA accord in 1987. Accordingly, SL government agreed to the devolution of powers to provinces and the merger of Northern and Eastern SL and declaration of Tamil to be official language. This accord is termed 13th Amendment. In return, Indian government agreed to establish order in SL and Indian Peace Keeping Force (IPKF) was dispatched to SL for this purpose. After 3 years of struggle with LTTE, India established interim peace.
However, SL government went back on its word. It is an irony to note that when SL government devolved some power to all provinces, the provinces for which INDO-SRI LANKA accord in 1987 was forged, North and East SL, did not get any power!
The SL government has falsely promised Indian government many times that it is committed to implement 13th amendment.
India wanted to send a strong message to the SL that it wanted the latter to implement 13th amendment. So it voted in favour of resolution, as against its convention not vote for any country-specific resolution.
However, India watered down a few provisions in the resolution. India insisted that the clause on reporting to UNHRC on the developments and the clause that insisted that SL accept the technical advice of UNHRC be deleted.
This seems to have actually kept India in bad books of both SL government and Tamils. While SL government is unhappy that India voted against it; Tamils are unhappy that India watered down the resolution.
(The inputs to this article have been borrowed from FRONTLINE April 20, 2012)
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