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Sri Lanka’s ignorance matches that of US – II

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LTTE training forcibly recruited civilians

Human Rights and war crimes:

By Daya Gamage
Foreign Service National Political Specialist (ret.)
US Department of State

(Continued from yesterday)

It is essential to note the most fundamental divide in the country is between rural and urban populations. Sri Lanka’s economy has always been essentially agricultural and even today some 77 percent of the population lives in rural districts. The ratio of Sinhalese to Tamils living in rural districts nationally approximates their ratio in the population at large.  Rural areas include Tamil-majority parts of Vanni (Mannar, Mullaitivu and Vavuniya Districts) and the Kilinochchi District in the Northern Province.  Similarly, such Sinhalese-majority districts as Monaragala and Badulla in the southern province of Uva, and Hambantota in the south are mostly rural.  During the colonial period and until the early 1970s the economic and political elites of Sri Lanka were almost exclusively a subset of the approximately 19 percent of the population living in urban areas.

These areas were privileged in terms of better economic infrastructure, better health and other government services, and better educational and employment opportunities.  These advantages were shared by all communities living in the cities: Sinhalese, Tamils and Muslims, who coexisted and cooperated in general harmony.  Again, all three ethnic communities in the rural sector face inadequate educational facilities, less economic infrastructure and employment opportunities.

Post-Independence dilemma

Post-independence leaders faced a prickly dilemma: the economic development and broadened enfranchisement demanded by democratic politics required that more resources and opportunities be shared with the countryside, which would dilute the power and privileges of the 19 percent. All sections of the educated urban class were threatened by this, and none more than urban Tamils.  Not surprisingly, political leaders reacted to this broadening competition for national resources by reaching out to their ethnic constituencies for support in defending their privileges.

Let’s turn to war crimes and human rights violations the 18 May 2023 US House of Representative Resolution and the Canadian prime minister were referring to. The data and facts given below could be new to policymakers and lawmakers in Sri Lanka as well as to their counterparts in Washington. I say this because there was no evidence that Sri Lanka ever presented these factual data to the West. If the policymakers and lawmakers in Washington were aware of the following data the Resolution would have taken a different tone.

The question of war crimes—and related charges of crimes against humanity and even of genocide—are a telling example of the frequent gulf between complex facts and simplistic popular beliefs that has distorted perceptions of the Sri Lankan civil war and, one would argue, US policy towards Sri Lanka. In a broader sense, this writer believes that the persistent fictions that have grown up around the separatist conflict are symptomatic of a larger problem in the crafting of policy toward countries that are insufficiently or incorrectly understood.

In the case of Sri Lanka, the tendency of international observers to rush to judgment— and censure—under worst-case assumptions is evidenced by the civilian fatalities figure cited extensively in print and public discourse. This figure of 40,000 is alleged to be the number of unarmed Tamils who were killed during the final stage of the war (January–May 2009). These deaths are blamed largely on the Sri Lankan military, which is accused of using excessive and indiscriminate force, and thereby of committing war crimes. The 40,000 figure became an item of international orthodoxy after it was mentioned in the report, often referred to as the Darusman Report, by an “unofficial” panel of experts appointed by U.N. Secretary-General Ban Ki-moon. The figure was arrived at by simply subtracting the number of internally displaced civilians who were administratively processed after the hostilities from the UN’s estimate of the number of civilians caught up in the final offensive.

To be precise, the March 2011 Darusman report conceded that “there is still no reliable figure for civilian deaths” but stated that the figure of 40,000 “cannot be ruled out” and needs further investigation.  The report did not refer to “credible evidence,” much less adduce any, using instead the vague expression “credible allegations.” This verdict was not voted upon or endorsed by the United Nations as an organisation, and despite its questionable logic and conflicting figures from other sources, the UN Secretary General pronounced the figure of 40,000 to be definitive. In a strange case of groupthink, most western governments and international NGOs have accepted it unquestioningly and wielded it rhetorically.

Disputed death count

The currency and obduracy of the death count, to which the Darusman Report gave birth, is all the more mystifying because it represents a major departure from calculations made not only by other reputable observers but even by UN staff on the ground in Sri Lanka. On March 9 (2009), the country team of the UN mission in Colombo briefed local diplomats for the first and only time on the civilian casualty figures it had collected from its Humanitarian Convoy.

 According to this briefing, 2,683 civilians had died between January 20 and March 7, and 7241 had been wounded. The UN country team did not indicate to the diplomats that the majority of these casualties were due to government shelling.  According to a cable from the US embassy in April 2009, the UN had estimated that from January 20 to April 6 civilian fatalities numbered 4,164, plus a further 10,002 wounded.  The International Crisis Group is quoted as reporting that “U.N. agencies, working closely with officials and aid workers located in the conflict zone, documented nearly 7,000 civilians killed from January to April 2009.

Those who compiled these internal numbers deemed them reliable to the extent they reflected actual conflict deaths but maintain it was a work in progress and incomplete.” Some three weeks before the end of the war, Reuters reported that “A UN working document, a copy of which was obtained by Reuters, says 6,432 civilians have been killed and 13,946 wounded in fighting since the end of January.” An unpublished report by the United Nations country team in Sri Lanka stated that from August 2008 to May 13, 2009 (five days before the war ended), the number of civilians killed was 7,721. Even if the UN Secretary General chose to ignore reporting from his own staff in the field, there were reports from other sources that should have tempered the figures adopted by other international organizations and governments with diplomatic representation in Colombo.

The International Committee of the Red Cross, the only outside agency present in the war zone during the final phase, used various statistical indicators to conclude that the total number of noncombatants killed was around 7,000.  Lord Naseby, a British parliamentarian and longtime advocate for Sri Lanka, announced in the House of Lords in November 2017 that he had managed to pry classified documents out of the Foreign Office through a freedom of information inquiry. These documents, which were dispatched from the British Defense Attaché in Colombo during the final days of the war, reported that about 7000 people had been killed.  Amnesty International wrote that . . . “derived independently from eyewitness testimony and information from aid workers [we estimate that] at least 10,000 civilians were killed.” This figure is in line with the estimate of an anthropologist working in Australia who questioned LTTE government servants and others who survived the final battles. This academician estimates that total fatalities from January 1 to May 19 ranged from 15,000 to 16,000, including some 5,000 Tiger dead. He cautions that any final figure must take into account the 600-900 deaths due to non-military causes that would be expected at standard death rates for a population of several hundred thousand over a period of five months, especially under very difficult conditions. He emphasizes that it was very difficult to distinguish civilians from combatants because the latter often did not wear uniforms.

According to some commentators, the prevalence and resilience of the 40,000-fatality figure can be attributed in significant measure to the publicity given to it by Gordon Weiss, an Australian journalist, who served as spokesperson for the UN mission in Sri Lanka from 2006 to 2009. In that official capacity Weiss reportedly used the fatality figure of 7,000 for 2009 and noted that, for the Sri Lankan Army, it made no tactical sense to kill civilians. Yet, in interviews to promote his popular book on the final days of the war, he used the unsubstantiated figure of 40,000, presumably for its shock value. When the book was published, the fatality figure had been reduced to 10,000.

ICRC figures 

On July 9, 2009, the US Ambassador-at-Large for War Crimes Issues, John Clint Williamson, met in Geneva with Jacques de Maio, Head of Operations for South Asia for the International Committee of the Red Cross. Williamson requested the meeting in order to collect information required for reporting to the US Congress. This information was invaluable because the ICRC was the only international organisation allowed by the GSL onto the northeastern battlefield for humanitarian work. In his diplomatic cable to Washington on that meeting, Williamson quoted de Maio as saying that “the Sri Lankan military was somewhat responsive to accusations of violations of international humanitarian law and was open to adapting its actions to reduce casualties.” The ambassador added that de Maio . . . “could cite examples of where the Army had stopped shelling when ICRC informed them it was killing civilians. In fact, the Army actually could have won the military battle faster with higher civilian casualties, yet chose a slower approach which led to a greater number of Sri Lankan military deaths …. On the LTTE, de Maio said that it had tried to keep civilians in the middle of a permanent state of violence. It saw the civilian population as a ‘protective asset’ and kept its fighters embedded amongst them.

De Maio said that the LTTE commanders’ objective had been to keep the distinction between civilian and military assets blurred.”  In April, as the fighting was nearing its climax, both the United Nations and the Group of Eight nations strongly condemned the LTTE for using civilians as human shields.

This writer can assure that the manuscript he is preparing with the retired Senior Foreign Service and Intelligence Officer of the Department of State Dr. Robert K. Boggs will disclose startling evidence of Washington’s foreign policy trajectory toward Sri Lanka, and how successive governments in Sri Lanka since 1980 – to date – displayed their utter ignorance that led to the infantile foreign policy approaches.

(The writer, Daya Gamage, is a retired Foreign Service National Political Specialist of the U.S. Department of State accredited to the Political Section of the American Embassy in Colombo, Sri Lanka)



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Features

‘Lord Edgware Dies’

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It has been some time since I read an Agatha Christie, the plot of which I cannot remember. So, I was delighted to find on the shelves of a friend Lord Edgware Dies, which I had a vague memory of, but no certainty about who had done it.

When I read it, I found that my memory of who was probably the killer was correct, but I could not be certain and the red herrings Christie threw in were so diverting that until almost the very end I wondered if I had been wrong.

The plot is very simple. Jane Wilkinson, who is married to Lord Edgware, tells him that she is desperate for a divorce since she is in love with a very proper Anglo-Catholic peer, Lord Melton, but Edgware refuses to divorce her. She asks Poirot to talk to him, which he does, and is surprised to find that Edgware has told Jane he is prepared to give her a divorce. This was, after he had categorically refused, through a letter, which Jane said she had not received.

That night Edgware is murdered, after Jane had been to see him, or so the butler said, and also Edgware’s secretary. But Jane had been that evening at a grand dinner many miles away, where a dozen fellow guests could swear to her presence.

There was a solution however to the mystery of two Jane Wilkinsons, namely a skilful impersonator called Carlotta Adams who, in the opening chapter had impersonated Jane Wilkinson, who had also been at the performance. But when Poirot goes to see her, he finds that she had been found dead on the morning after Edgware had been killed, of an overdose. And in her bag was a gold case, with a strange inscription, that contained the drug, along with a pair of pince-nez.

Her maid said she had written a letter to her sister in America and posted it the previous night. Poirot asks Inspector Japp to get the letter, and a transcript is received from America, and in it the name of Edgware’s nephew Ronald Marsh is mentioned; he had taken Carlotta to dinner after her performance, with which the book opens, and had then set her a challenge. Japp arrests Marsh, but Poirot is not happy and asks for the original of the letter, which the sister sends him. That shows that a page is missing, and the tear is obvious, though that raises the question as to why it had not simply been cut.

Matters are further complicated by the fact that Marsh had gone in a taxi to the Edgware house, along with Edgware’s daughter Geraldine, in the interval of an opera which had previously seemed to provide them with cast iron alibis. Geraldine had gone in to fetch her pearls so that Marsh could raise money he needed, and thus had an opportunity to kill Edgware, as did Marsh, for the driver said he had got out of the taxi while waiting and gone into the house.

Agatha Christie

Marsh explained why he had gone to the house on the night of the murder as having followed Bryan Martin, an American actor, who had been in love with Jane, whom he saw go into the house with a key. But there was no one visible when he entered, and Geraldine almost immediately came down and they left together. And Martin too has become an object of suspicion to Poirot, for he had been to see him before the murders were discovered with a story of being followed by a man with a gold tooth – a story Poirot immediately realized was false when he was asked how old the man was, and was told he was young, for young people did not have gold teeth.

A heap of French money Edgware had got for a trip to Paris was missing, but since Marsh had no need for it after his cousin’s offer of help, Poirot deduces that it must have been taken by the butler, who has disappeared. Christie has stressed that he is astonishingly handsome, unusual in a butler, and Poirot notes a resemblance to Martin, so he thinks the mysterious man going into the house must have been him.

Incidentally, later Poirot assumes that Edgware’s change of mind was because he was involved in some scandal, and I believe Christie intends us to see the cause of this in his handsome butler, though this is not specified.

Meanwhile, Poirot has asked Japp to find out the provenance of the case found in Carlotta’s handbag, and it turns out to have been made in Paris, specially commissioned, and collected by a woman with pince-nez.

But then another murder occurs—that of another guest at the grand dinner, which provided Jane with her alibi. The victim is an actor who had been bemused when Jane, at a lunch, thought the Judgment of Paris referred to the city. He told Hastings he wanted to see Poirot, but was killed before he could get to the appointment. Poirot had rushed there when told about his request, but it was too late.

Meanwhile, Poirot has tried out the pince-nez on Edgware’s secretary, but she could not see through these. It was only a chance remark heard outside the theatre that led him to try them out on Wilkinson’s maid Ellis, a spare pair that had been appropriated for the night of the murders.

Poirot then lays things out, having summoned Martin and told him that he probably suppressed Edgware’s letter, as he had been dropped by then and he did not want Jane to marry another. But after teasing Martin, Poirot says that Jane was in fact the murderer, and she got Carlotta to impersonate her at the dinner while she went to the house and killed her husband. After meeting Carlotta later and checking with her through a call that she had not been rumbled, Jane had gone ahead with the murder – she put veronal into her drink and the case with veronal into the handbag. She forgot to take out the pince-nez she had used earlier to imitate an American. Carlotta had registered as the American in a hotel and Jane had gone to see her, and there they exchanged identities. After seen the letter, she made use of it by tearing off the page that referred to her, and the S of She, so that the person who had challenged Carlotta to impersonate her seemed to be a man.

There is a coda in which Jane, condemned to death, writes to Hastings, still full of pride at her ingenuity hoping she will be remembered.

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Features

Desilt reservoirs, learn from our ancient irrigation systems

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Polgolla

by Prof. O. A. Ileperuma

Silting of reservoirs is a major problem today affecting our hydropower production and irrigation systems. The main Mahaweli reservoirs are silted to a considerable extent reducing the water holding capacity of them. Due to poor soil management practices, floodwaters deposit large amounts of silt in these reservoirs. When the Polgolla reservoir was fully drained about two years back, one could see mountains of silt in the lower reaches of the reservoir. A rough estimate is that 50% of the total capacity of these reservoirs has been lost to siltation. This is a serious issue which affects not only power and agriculture but also flood control.

Our ancient irrigation systems ensured that desilting of reservoirs took place under royal decree where all users of the reservoirs were ordered to carry out desilting of reservoirs during the dry season. The clay thus collected was used in making bricks for the construction of great stupas which dot the landscape of our ancient kingdoms. This ensured that the reservoirs had their full capacity filled with water for the next cultivating season. Our ancient kings were clever enough not to construct reservoirs by blocking main rivers such as the Mahaweli. A classic example is the Minipe left canal where they tapped only the surface water of Mahaweli. Even the bigger tanks such as Nuwara Wewa and Parakrama Samudraya were fed with minor rivulets. There were also other ingenious features in the cascade irrigation systems built by the ancient kings, such as mud sluice canals and forest reservations between the reservoirs in the cascade system. These reservations helped trap silt and remove excess nutrients, which could otherwise contribute to increasing salinity as water flowed from one reservoir to another.

Victoria

Moragahakanda

A classic engineering marvel is the former Yoda Ela, which carries water from Kalawewa to Nuwara Wewa and Tissa Wewa. It is 87 km long although the straight distance between these points is only about 40 km. The gradient of this canal is about 10 cm per km or 6 inches per mile. Yodha Ela functions as a moving reservoir and feeds about 4,600 hectares of paddy lands. It is a winding canal with about 120 smaller reservoirs on its way. It was constructed during the reign of King Dhatusena around 459 AD and later expanded by King Parakramabahu by connecting more reservoirs to the network. Unfortunately, during the Mahaweli project our modern-day engineers constructed a concrete canal replacing the winding path of this Yoda Ela also called Jaya Ganga. This effectively removed the ability of the old Yoda Ela to remove silt and nutrients. The bank of this Ela has wet zone trees such as jak and areca nut growing well. They take up the nutrients from the flowing stream making the water suitable for irrigation later.

Ancient Mesopotamian civilisations depended on dams constructed along the two main rivers, Euphrates and Tigris. After continuous irrigation of their fields over several thousand years, salinity of the irrigated lands increased making them unsuitable for agriculture. People died due to famine and this clearly illustrates the danger of blocking main rivers for agriculture. There is scientific evidence that the salinity of paddy soils in the Mahaweli C area is increasing.

We saw the devastation caused by Cyclone Ditwah. The sluice gates of the Kotmale Reservoir were opened, and Kandy and Peradeniya were flooded. If the reservoir had had greater storage capacity, couldn’t the opening of the gates have been delayed? This may not be an argument that modern-day engineers would readily accept, and I am not an irrigation expert. These ideas may well be naïve. But most of us tend to think of reservoirs mainly in terms of hydropower generation and irrigation, while their role in flood control receives much less attention. The question therefore deserves serious consideration. Could restoring lost reservoir capacity through desilting help improve our ability to manage extreme rainfall and reduce flood risks?

Desilting our reservoirs should be considered a national priority.

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Features

Losing out to Ethiopia

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From Trailblazer to Tailender

Export diversification – Missing the wood for the trees – Part III

by Gomi Senadhira

In Sri Lanka, the word “Ethiopia” is often used as disparaging slang to describe individuals or areas experiencing extreme poverty, starvation, or severe economic hardship. This linguistic habit originated in the 1980s with the Western media coverage of the devastating Ethiopian famine of 1983-85. That media coverage shocked the world but also left an outdated and offensive global stereotype that the country is permanently starving. Much has changed since then. By now, with an annual growth rate of around 9%, it is the fastest-growing economy in sub-Saharan Africa. Ethiopia has also emerged as a highly competitive exporter and is challenging not only its competitors in the region but also countries like Sri Lanka. This article is on how Sri Lanka has lost ground to Ethiopia (and a few other countries) in the GCC markets for agricultural and floricultural products.

Sri Lanka – A Pioneer in the Agriculture and Floricultural Market in the GCC

As discussed in Part II of this article, by the mid-1980s Sri Lanka had established a strong foothold in the GCC’s fruit, vegetable, and floricultural market. Geographical proximity and well-established shipping and air links gave Sri Lanka a strong comparative advantage over Southeast Asian and African nations. Thailand, Vietnam, and Kenya were not even in the market. At that time, Ethiopia was experiencing (as BBC news reports described) “a biblical famine”.

The market was not very large, but it was lucrative and growing. Trade Minister Lalith Athulathmudali as well as the Chairman of the Export Development Board, Victor Santiapillai, who visited Kuwait (and the GCC countries), recognised the market potential for these products and encouraged us to continue with our work. The minister was particularly keen to further develop links between the market for these products, exporters, and his Export Production Villages (EPVs). So, it was becoming a successful case not only for export diversification but also for transferring gains from exports directly to rural households.

From Trailblazer to Tailender

As a result, even by the beginning of this century Sri Lanka had a larger market share than most of its competitors from Asia or Africa. But since then, our competitiveness has weakened significantly. The tables below provide a comparative snapshot of Sri Lanka’s performance vis-à-vis Thailand, Vietnam, Kenya and Ethiopia in the GCC market for vegetables, fruits and floricultural products. As illustrated therein, in 2001 Sri Lanka was ahead of Thailand, Kenya and Ethiopia in this small but rapidly growing market. Since then, we have fallen behind Thailand, Kenya and many other countries in that lucrative market. If this trend continues, Sri Lanka will fall behind Ethiopia within the next few years. (See Table 1)

In the GCC market for vegetables (covered in HS chapter 07), Sri Lanka was ahead of most other competitors in 2001. As illustrated in Table 1 , Sri Lanka had failed to develop this market, while Thailand, Kenya, and even Ethiopia had very efficiently increased their market shares. The GCC is a market to which Sri Lanka can supply some vegetables, like cabbages, by sea. It appears Sri Lanka had also failed to exploit this mode of supply.

We can see a similar trend in the market for fruits. Vietnam, Kenya, and Thailand have emerged as major players, while exports from Sri Lanka have staggered on slowly. In this segment, Vietnam has emerged as a leading player during the last twenty years and the GCC imports from Viet Nam have shot up from US$44 thousand in 2001 to US$346 million by 2024. In part one of these articles, I discussed the remarkable increase of jackfruit exports from Vietnam “…just $3 million in 2015 to an impressive $236.8 million in 2023” while most of our jackfruit production rots under the trees. This explains how countries develop their markets, geographically and product-wise. (See Table 2)

Sri Lanka’s performance has been weakest in the market for floricultural products (HS Chapter 06), which groups live trees, cut flowers, and ornamental foliage. When we first entered the market in the 1980s, the market was dominated by the Netherlands, and Kenya and Ethiopia were not even in the market. At that time, we identified the Gulf states as a market where Sri Lanka could have a dominant presence due to geographical proximity. Even in 2001, Sri Lanka was ahead of Kenya, Ethiopia, and Thailand. But by now, Kenya has emerged as the dominant supplier. Ethiopia is also expanding its market share and is the third-largest exporter. (See Table 3)

Missing the Wood for the Trees

In the mid-1980s, Sri Lanka first established its foothold in the GCC market. Since then, Thailand, Vietnam, Kenya, and even Ethiopia have moved well ahead of us and have become leading players. Why did we lag behind in our export diversification efforts in general and, more particularly, in the GCC market?

The reasons are very clear. After the initial attempts in the 1980s and early 1990s, Sri Lanka has not been proactively involved in identifying, developing, and promoting new products and markets, or protecting and further developing new markets already established. The focus has simply been on traditional exports: tea, coconut, cinnamon, and garments, while other products were almost ignored. In essence, we have been and continue to focus intensely on a narrow group of products and markets, and we have lost sight of the bigger picture.

(The writer can be reached at senadhiragomi@gmail.com)

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