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‘UN fudged Lankan casualty figures’ – Lord Naseby

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by Palitha Senanayake

The United Nations Human Rights Council at its 57th session adopted a resolution extending the mandate of the Office of the High Commissioner for Human Rights (OHCHR) Project on Sri Lanka Accountability by one year. Babu Ram Pant, Deputy Regional Director for South Asia at Amnesty International, has commented extensively on this resolution.

International perversion

The source of these allegations of human rights violations against Sri Lanka is the controversial report called the ‘Dharusman (UNPOE pr United Nations Panel of Experts.) report,’ which the UN Secretary-General commissioned in 2010 after Sri Lankan forces defeated LTTE terrorism. The Secretary-General justified the commissioning of this report, stating that ‘the report is for his personal knowledge.’ This is a strange move to start with because in the UN, HR violation investigations are commissioned by resolutions of the UN Security Council and never by the UN Secretary-General ‘for his knowledge’ in his personal capacity. However, since the report was published, it received authenticity and UN and international blessings to make a case against Sri Lanka.

This ‘international perversion’, however, does not end there. In its mandate, the report further maintained that its task was to look into the ‘accountability to the International Humanitarian and Human Rights law, on the final stages of the Sri Lankan conflict’. This, again, is twisted advocacy to suit one’s agenda as what logically applies to the situation is only international humanitarian law and certainly not Human Rights law.

Expert Opinion

Confronted by these allegations of the UNSG and his ‘experts’, the Sri Lankan government in 2012 hired a team of independent experts, whose expertise in international conflicts and international law was beyond question. This team comprised

Professor DM Crane
Sir Desmond De Silva QC
Rodney Dixon QC

Professor Michael Newton -Professor of the Practice of law, Vanderbilt University School of Law.

Major General Sir John Holmes DSO OBE MC- UN Under-Secretary for Humanitarian Affairs 2007-2010

These eminent persons had served on various international investigation panels. After studying the issues in detail, they submitted their reports to the government of Sri Lanka. They were all in agreement that the Sri Lankan case should be viewed under International Humanitarian Law and not under International Human Rights law.

The applicability of IHRL and its relevance can be explained as follows. It is an accepted fact that the LTTE was the most organized terrorist unit in the world. This fact signifies that the conflict in Sri Lanka was an armed conflict between two sets of forces, namely the SL security forces and the LTTE.

In such a context, international law, as spelt out by the ICRC statute, is very clear in stating that the law that applies to an armed conflict is international humanitarian law, and not International Human Rights law.

Further, as the above experts on international law have pointed out, “International law provides civilian protection while simultaneously allowing for military objectives to be fulfilled, which is the central goal of International Humanitarian Law (IHL). The death of civilians during a conflict, no matter how grave or regrettable, does not in itself constitute a war crime. In particular, the three principals

1. Distinction

2. Military necessity and

3. Proportionality

should guide the legality of action under IHL.

Distinction means that no civilians should be targeted intentionally, Military necessity means that targeting of the particular object should be necessary for the advancement of the troops, and Proportionality is that, the collateral damage (civilian and property) should be justifiable to the military advantage anticipated to be achieved’ – Sir Desmond de Silva QC Page 23.

Therefore, if Sri Lankan forces are to be made guilty of war crimes, charges may have to be brought either on the grounds of intentionally targeting civilians, attacking with no military necessity or for disproportionate killings, over and above the military advantage.

Tendentious allegation

In addition to the above, the Darusman report, makes another tendentious allegation against the Sri Lankan forces. It says in paragraph 137:

137. In the limited surveys that have been carried out in the aftermath of the conflict, the percentage of people reporting dead relatives is high. The number of credible sources has estimated that there could have been as many as 40,000 civilian deaths. Two years after the end of the war, there is still no reliable figure for civilian deaths, but multiple sources of information indicate that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all of the victims and the formulation of an accurate figure for the total number of civilian deaths.

Now, this is the figure that is widely quoted to discredit Sri Lanka’s armed forces. Further a figure of 40,000 appears somewhat ‘disproportionate’ in a conflict of this nature and therefore it can be used to make the Sri Lankan forces out to be guilty under international law although the claims made by the UNPOE have not been substantiated.

The Darusman report contradicts the number of ‘dead persons during the conflict’ furnished by the UN country team stationed in the conflict zone for that specific purpose. The US State Department report says the number of deaths is 6,710 from January 2009 to April 2009. The UN’s Country team report prepared by Gordon Weise, the country team leader, states that the figure of casualties is 7,714 from January 2nd to 13th May 2009. The two reports have a basis on daily counts, and they were prepared on the current basis while the conflict was raging, whereas this Darusman report, having come after two years since the end of the battle, presents a figure of 40,000 casualties without a basis or naming a source for the same.

Here is how the Panel justifies its reasons for questioning the first COG (UN Country team) figure:

135.

The number calculated by the United Nations Country Team provides a starting point but is likely to be too low for several reasons. First, it only accounts for the casualties that were observed by the networks of observers who were operational in LTTE-controlled areas. Many victims may not have been observed at all. Second, after the United Nations stopped counting on May 13th, the number of civilian casualties likely proliferated. Due to the intensity of the shelling, many civilians were left where they died and were never registered, brought to a hospital, or even buried. This means that, in reality, the total number could easily be several times that of the United Nations figures.

The country team was stationed in the war zone to prevent and record violations of the international laws of conflict, and the most crucial part of that operation was recording the number of dead in the fighting. The members of this panel, before casting aspersions on the quality of the information found on the Country-Team report, should do well to re-examine the authenticity of their own information sources because their sources, such as the Tamil Diaspora and the ‘Peace’ NGOs, could be highly partisan since they have lost their relevance (and also contributions) since this conflict came to an end.

Lord Naseby

On 01 November 2017, Lord Naseby, a member of the British House of Lords, moved a resolution in the British Parliament to the effect that the number of civilians killed in the final stage of the Sri Lankan conflict was around 7,000 and not 40,000. Accordingly, he suggested to the Parliament that Britain should change its perspective towards the Sri Lankan issue at the UN Human Rights Commission.

Even though Lord Naseby’s assertion is based on the reports of the Defense Attaché of the British Embassy in Colombo at the time of the war, it needs loads of optimism to expect that the British Government will accept these statistics and change its official position towards Sri Lanka at international forums, especially at the UN Human Rights Council where they have co-sponsored the US resolution against Sri Lanka.

Lord Naseby, subsequently airing his views to Mandy Clerk of the British media, stated, “I went into the civilian factor of this war because the figures I had did not add up to the official figures. So, I applied under the freedom of information, requesting the reports of the Defense Attaché of our embassy in Colombo at the time of the war. I received 26 reports, but that did not include the final few days of the war situation. So, I made another appeal, and there I received a further 12 reports. These reports had enough evidence to prove that nobody in the Sri Lankan government ordered to kill people and that was not the intention. The reports said that the casualty figure is around 7,200 civilians and the report further mentioned that a quarter of those casualties could be the LTTE cadres because they did not wear a uniform towards the last stages of the conflict. Then I went to the University Teachers of Jaffna, which is a professional organization of Tamil University teachers, and they said, ‘ it is about 7000’.

Verified Official Statistics

The Department of Census and Statistics performs its customary population survey for the whole of Sri Lanka every 10 years, but due to the LTTE activity, it has not been able to collect data in the North and East since the 1981 survey. Thus, during these years, the officers of respective kachcheries have been issuing population estimates when required for official purposes. However, since the conflict ended in 2009, and given the conflicting claims made by interested parties, including the Catholic Church, the Department commenced an exclusive survey for the northern province in June 2011. This survey was specially designed to ascertain, with verification, the number of people living as well as those who have died, especially during 2009 so that death certificates could be issued on account of them to their next of kin.

This survey was spearheaded by the following officers for each of the regions as follows,

Jaffna – S Udayakumaran (Head of the District Statistics office)

Mannar – M. Vithiyananthaneshan (Head of the District Statistics offic)

Kilinochchi – K.Velupillai (Head of the District Statistics office)

Vavuniya – M. Thyagalingam (Head of the District Statistics office)

Mullaitivu – N. Gangatharan (Head of the District Statistics office)

Following are the results of this survey

Thus, the above schedule gives the death toll as 8,998 during the period, including 1,067 who died due to old age/sickness, and the numbers are enumerated on the house-to-house survey regarding the cause of death. Death certificates were issued to all persons in this schedule and even those that did not explain their cause of death and stated as ‘not stated.’ People do not disclose the cause of death for various reasons, and most of such undisclosed deaths fall into the category ‘other’, meaning deaths due to terrorism. Therefore, it is possible that the number of deaths due to conflict situation was 7,442 (6,858+ 584).

Now, these death counts are reported of persons who were born and lived in the five districts where the conflict raged and also in the districts from where the LTTE used human shields. Therefore, when the Darusman report claims 40,000 deaths, such additional deaths have to be of people who were not born or did not live in these districts.

In modern times, dominant nations do not have to use weapons to subjugate others. They could just as well ‘Weaponize human rights’ to achieve the same end. That way, they could wear the cloak as the “Champions of Human rights,” hiding their authentic characters as killers, decimators and dominators.



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Rethinking post-disaster urban planning: Lessons from Peradeniya

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University of Peradeniya

A recent discussion by former Environment Minister, Eng. Patali Champika Ranawaka on the Derana 360 programme has reignited an important national conversation on how Sri Lanka plans, builds and rebuilds in the face of recurring disasters.

His observations, delivered with characteristic clarity and logic, went beyond the immediate causes of recent calamities and focused sharply on long-term solutions—particularly the urgent need for smarter land use and vertical housing development.

Ranawaka’s proposal to introduce multistoried housing schemes in the Gannoruwa area, as a way of reducing pressure on environmentally sensitive and disaster-prone zones, resonated strongly with urban planners and environmentalists alike.

It also echoed ideas that have been quietly discussed within academic and conservation circles for years but rarely translated into policy.

One such voice is that of Professor Siril Wijesundara, Research Professor at the National Institute of Fundamental Studies (NIFS) and former Director General of the Royal Botanic Gardens, Peradeniya, who believes that disasters are often “less acts of nature and more outcomes of poor planning.”

Professor Siril Wijesundara

“What we repeatedly see in Sri Lanka is not merely natural disasters, but planning failures,” Professor Wijesundara told The Island.

“Floods, landslides and environmental degradation are intensified because we continue to build horizontally, encroaching on wetlands, forest margins and river reservations, instead of thinking vertically and strategically.”

The former Director General notes that the University of Peradeniya itself offers a compelling case study of both the problem and the solution. The main campus, already densely built and ecologically sensitive, continues to absorb new faculties, hostels and administrative buildings, placing immense pressure on green spaces and drainage systems.

“The Peradeniya campus was designed with landscape harmony in mind,” he said. “But over time, ad-hoc construction has compromised that vision. If development continues in the same manner, the campus will lose not only its aesthetic value but also its ecological resilience.”

Professor Wijesundara supports the idea of reorganising the Rajawatte area—located away from the congested core of the university—as a future development zone. Rather than expanding inward and fragmenting remaining open spaces, he argues that Rajawatte can be planned as a well-designed extension, integrating academic, residential and service infrastructure in a controlled manner.

Crucially, he stresses that such reorganisation must go hand in hand with social responsibility, particularly towards minor staff currently living in the Rajawatte area.

“These workers are the backbone of the university. Any development plan must ensure their dignity and wellbeing,” he said. “Providing them with modern, safe and affordable multistoried housing—especially near the railway line close to the old USO premises—would be both humane and practical.”

According to Professor Wijesundara, housing complexes built near existing transport corridors would reduce daily commuting stress, minimise traffic within the campus, and free up valuable land for planned academic use.

More importantly, vertical housing would significantly reduce the university’s physical footprint.

Drawing parallels with Ranawaka’s Gannoruwa proposal, he emphasised that vertical development is no longer optional for Sri Lanka.

“We are a small island with a growing population and shrinking safe land,” he warned.

“If we continue to spread out instead of building up, disasters will become more frequent and more deadly. Vertical housing, when done properly, is environmentally sound, economically efficient and socially just.”

Peradeniya University flooded

The veteran botanist also highlighted the often-ignored link between disaster vulnerability and the destruction of green buffers.

“Every time we clear a lowland, a wetland or a forest patch for construction, we remove nature’s shock absorbers,” he said.

“The Royal Botanic Gardens has survived floods for over a century precisely because surrounding landscapes once absorbed excess water. Urban planning must learn from such ecological wisdom.”

Professor Wijesundara believes that universities, as centres of knowledge, should lead by example.

“If an institution like Peradeniya cannot demonstrate sustainable planning, how can we expect cities to do so?” he asked. “This is an opportunity to show that development and conservation are not enemies, but partners.”

As climate-induced disasters intensify across the country, voices like his—and proposals such as those articulated by Patali Champika Ranawaka—underscore a simple but urgent truth: Sri Lanka’s future safety depends not only on disaster response, but on how and where we build today.

The challenge now lies with policymakers and planners to move beyond television studio discussions and academic warnings, and translate these ideas into concrete, people-centred action.

By Ifham Nizam ✍️

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Superstition – Major barrier to learning and social advancement

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At the initial stage of my six-year involvement in uplifting society through skill-based initiatives, particularly by promoting handicraft work and teaching students to think creatively and independently, my efforts were partially jeopardized by deep-rooted superstition and resistance to rational learning.

Superstitions exerted a deeply adverse impact by encouraging unquestioned belief, fear, and blind conformity instead of reasoning and evidence-based understanding. In society, superstition often sustains harmful practices, social discrimination, exploitation by self-styled godmen, and resistance to scientific or social reforms, thereby weakening rational decision-making and slowing progress. When such beliefs penetrate the educational environment, students gradually lose the habit of asking “why” and “how,” accepting explanations based on fate, omens, or divine intervention rather than observation and logic.

Initially, learners became hesitant to challenge me despite my wrong interpretation of any law, less capable of evaluating information critically, and more vulnerable to misinformation and pseudoscience. As a result, genuine efforts towards social upliftment were obstructed, and the transformative power of education, which could empower individuals economically and intellectually, was weakened by fear-driven beliefs that stood in direct opposition to progress and rational thought. In many communities, illnesses are still attributed to evil spirits or curses rather than treated as medical conditions. I have witnessed educated people postponing important decisions, marriages, journeys, even hospital admissions, because an astrologer predicted an “inauspicious” time, showing how fear governs rational minds.

While teaching students science and mathematics, I have clearly observed how superstition acts as a hidden barrier to learning, critical thinking, and intellectual confidence. Many students come to the classroom already conditioned to believe that success or failure depends on luck, planetary positions, or divine favour rather than effort, practice, and understanding, which directly contradicts the scientific spirit. I have seen students hesitate to perform experiments or solve numerical problems on certain “inauspicious” days.

In mathematics, some students label themselves as “weak by birth”, which creates fear and anxiety even before attempting a problem, turning a subject of logic into a source of emotional stress. In science classes, explanations based on natural laws sometimes clash with supernatural beliefs, and students struggle to accept evidence because it challenges what they were taught at home or in society. This conflict confuses young minds and prevents them from fully trusting experimentation, data, and proof.

Worse still, superstition nurtures dependency; students wait for miracles instead of practising problem-solving, revision, and conceptual clarity. Over time, this mindset damages curiosity, reduces confidence, and limits innovation, making science and mathematics appear difficult, frightening, or irrelevant. Many science teachers themselves do not sufficiently emphasise the need to question or ignore such irrational beliefs and often remain limited to textbook facts and exam-oriented learning, leaving little space to challenge superstition directly. When teachers avoid discussing superstition, they unintentionally reinforce the idea that scientific reasoning and superstitious beliefs can coexist.

To overcome superstition and effectively impose critical thinking among students, I have inculcated the process to create a classroom culture where questioning was encouraged and fear of being “wrong” was removed. Students were taught how to think, not what to think, by consistently using the scientific method—observation, hypothesis, experimentation, evidence, and conclusion—in both science and mathematics lessons. I have deliberately challenged superstitious beliefs through simple demonstrations and hands-on experiments that allow students to see cause-and-effect relationships for themselves, helping them replace belief with proof.

Many so-called “tantrik shows” that appear supernatural can be clearly explained and exposed through basic scientific principles, making them powerful tools to fight superstition among students. For example, acts where a tantrik places a hand or tongue briefly in fire without injury rely on short contact time, moisture on the skin, or low heat transfer from alcohol-based flames rather than divine power.

“Miracles” like ash or oil repeatedly appearing from hands or idols involve concealment or simple physical and chemical tricks. When these tricks are demonstrated openly in classrooms or science programmes and followed by clear scientific explanations, students quickly realise how easily perception can be deceived and why evidence, experimentation, and critical questioning are far more reliable than blind belief.

Linking concepts to daily life, such as explaining probability to counter ideas of luck, or biology to explain illness instead of supernatural causes, makes rational explanations relatable and convincing.

Another unique example that I faced in my life is presented here. About 10 years ago, when I entered my new house but did not organise traditional rituals that many consider essential for peace and prosperity as my relatives believed that without them prosperity would be blocked.  Later on, I could not utilise the entire space of my newly purchased house for earning money, largely because I chose not to perform certain rituals.

While this decision may have limited my financial gains to some extent, I do not consider it a failure in the true sense. I feel deeply satisfied that my son and daughter have received proper education and are now well settled in their employment, which, to me, is a far greater achievement than any ritual-driven expectation of wealth. My belief has always been that a house should not merely be a source of income or superstition-bound anxiety, but a space with social purpose.

Instead of rituals, I strongly feel that the unused portion of my house should be devoted to running tutorials for poor and underprivileged students, where knowledge, critical thinking, and self-reliance can be nurtured. This conviction gives me inner peace and reinforces my faith that education and service to society are more meaningful measures of success than material profit alone.

Though I have succeeded to some extent, this success has not been complete due to the persistent influence of superstition.

by Dr Debapriya Mukherjee
Former Senior Scientist
Central Pollution Control Board, India ✍️

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Race hate and the need to re-visit the ‘Clash of Civilizations’

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Australian Prime Minister Anthony Albanese: ‘No to race hate’

Australian Prime Minister Anthony Albanese has done very well to speak-up against and outlaw race hate in the immediate aftermath of the recent cold-blooded gunning down of several civilians on Australia’s Bondi Beach. The perpetrators of the violence are believed to be ardent practitioners of religious and race hate and it is commendable that the Australian authorities have lost no time in clearly and unambiguously stating their opposition to the dastardly crimes in question.

The Australian Prime Minister is on record as stating in this connection: ‘ New laws will target those who spread hate, division and radicalization. The Home Affairs Minister will also be given new powers to cancel or refuse visas for those who spread hate and a new taskforce will be set up to ensure the education system prevents, tackles and properly responds to antisemitism.’

It is this promptness and single-mindedness to defeat race hate and other forms of identity-based animosities that are expected of democratic governments in particular world wide. For example, is Sri Lanka’s NPP government willing to follow the Australian example? To put the record straight, no past governments of Sri Lanka initiated concrete measures to stamp out the evil of race hate as well but the present Sri Lankan government which has pledged to end ethnic animosities needs to think and act vastly differently. Democratic and progressive opinion in Sri Lanka is waiting expectantly for the NPP government’ s positive response; ideally based on the Australian precedent to end race hate.

Meanwhile, it is apt to remember that inasmuch as those forces of terrorism that target white communities world wide need to be put down their counterpart forces among extremist whites need to be defeated as well. There could be no double standards on this divisive question of quashing race and religious hate, among democratic governments.

The question is invariably bound up with the matter of expeditiously and swiftly advancing democratic development in divided societies. To the extent to which a body politic is genuinely democratized, to the same degree would identity based animosities be effectively managed and even resolved once and for all. To the extent to which a society is deprived of democratic governance, correctly understood, to the same extent would it experience unmanageable identity-bred violence.

This has been Sri Lanka’s situation and generally it could be stated that it is to the degree to which Sri Lankan citizens are genuinely constitutionally empowered that the issue of race hate in their midst would prove manageable. Accordingly, democratic development is the pressing need.

While the dramatic blood-letting on Bondi Beach ought to have driven home to observers and commentators of world politics that the international community is yet to make any concrete progress in the direction of laying the basis for an end to identity-based extremism, the event should also impress on all concerned quarters that continued failure to address the matters at hand could prove fatal. The fact of the matter is that identity-based extremism is very much alive and well and that it could strike devastatingly at a time and place of its choosing.

It is yet premature for the commentator to agree with US political scientist Samuel P. Huntingdon that a ‘Clash of Civilizations’ is upon the world but events such as the Bondi Beach terror and the continuing abduction of scores of school girls by IS-related outfits, for instance, in Northern Africa are concrete evidence of the continuing pervasive presence of identity-based extremism in the global South.

As a matter of great interest it needs mentioning that the crumbling of the Cold War in the West in the early nineties of the last century and the explosive emergence of identity-based violence world wide around that time essentially impelled Huntingdon to propound the hypothesis that the world was seeing the emergence of a ‘Clash of Civilizations’. Basically, the latter phrase implied that the Cold War was replaced by a West versus militant religious fundamentalism division or polarity world wide. Instead of the USSR and its satellites, the West, led by the US, had to now do battle with religion and race-based militant extremism, particularly ‘Islamic fundamentalist violence’ .

Things, of course, came to a head in this regard when the 9/11 calamity centred in New York occurred. The event seemed to be startling proof that the world was indeed faced with a ‘Clash of Civilizations’ that was not easily resolvable. It was a case of ‘Islamic militant fundamentalism’ facing the great bulwark, so to speak, of ‘ Western Civilization’ epitomized by the US and leaving it almost helpless.

However, it was too early to write off the US’ capability to respond, although it did not do so by the best means. Instead, it replied with military interventions, for example, in Iraq and Afghanistan, which moves have only earned for the religious fundamentalists more and more recruits.

Yet, it is too early to speak in terms of a ‘Clash of Civilizations’. Such a phenomenon could be spoken of if only the entirety of the Islamic world took up arms against the West. Clearly, this is not so because the majority of the adherents of Islam are peaceably inclined and want to coexist harmoniously with the rest of the world.

However, it is not too late for the US to stop religious fundamentalism in its tracks. It, for instance, could implement concrete measures to end the blood-letting in the Middle East. Of the first importance is to end the suffering of the Palestinians by keeping a tight leash on the Israeli Right and by making good its boast of rebuilding the Gaza swiftly.

Besides, the US needs to make it a priority aim to foster democratic development worldwide in collaboration with the rest of the West. Military expenditure and the arms race should be considered of secondary importance and the process of distributing development assistance in the South brought to the forefront of its global development agenda, if there is one.

If the fire-breathing religious demagogue’s influence is to be blunted worldwide, then, it is development, understood to mean equitable growth, that needs to be fostered and consolidated by the democratic world. In other words, the priority ought to be the empowerment of individuals and communities. Nothing short of the latter measures would help in ushering a more peaceful world.

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