Features
Sri Lanka’s ignorance matches that of US – II
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)
Russia could very well be questioning the legitimacy of the UN system by currently challenging the right of the International Court of Justice (ICJ) to arbitrate in the conflicting accusations of genocide brought against each other by it and Ukraine. Russia has countered Ukraine’s charge of genocide, occasioned by its invasion of Ukraine on February 24, 2022, by accusing the latter of perpetrating the same crime in the rebel region of Eastern Ukraine, which is seen as being within the Russian sphere of influence.
As is known, when Russia did not participate in a hearing sanctioned by the ICJ on the charge of genocide brought against it in March 2022, the ICJ called on Russia to halt the invasion forthwith. Russia, however, as reported in some sections of the international media, reacted by claiming that the ICJ has ‘no jurisdiction over the case since Ukraine’s request does not come within the scope of the Genocide Convention.’ The main sides to the Ukraine conflict are at present reportedly stating their positions in the ICJ with regard to the correctness of this claim.
Whereas, the law-abiding the world over would have expected the ICJ’s word to prevail in the Ukraine conflict, this does not seem to be the case. More precisely, it is the moral authority of the UN that is being questioned by Russia. Given this situation, the observer cannot be faulted for believing that Russia is ‘sticking to its guns’ of favouring a military solution in the Ukraine.
Considering the foregoing and the continuing lawlessness in other geographical regions, such as South-West Asia, the Middle East and parts of Africa, the commentator is justified in taking the position that little or nothing has been gained by the world community by way of fostering international peace over the decades.
Most distressing is the UN’s seeming helplessness in the face of international disorder, bloodshed and war. The thorny questions from the 9/11 New York twin-tower terror attacks, for instance, are remaining with humanity.
One of the most dreaded questions is whether the UN Charter has been rendered a dead letter by the forces of lawlessness and those wielders of overwhelming military might who couldn’t care less for moral scruples. Those state actors who display these traits risk being seen as destruction-oriented subversives or terrorists who are impervious to civilizational values.
Commentators are right when they point to the need for UN reform. This is, in fact, long overdue. Of the original ‘Big Five’ who went on to constitute the permanent membership of the UN Security Council (UNSC) at the end of World War 11 and who oversaw the establishment of the UN, only the US and China retain major power status in the true sense of the phrase today.
The rest of the original heavyweights cannot be considered ‘spent forces’, but there are other powers of more recent origin who could easily vie for their positions. Some of these are India, Brazil, South Africa, Turkey and Indonesia. Inducting some of the latter into the UNSC could help constitute a more globally representative UNSC. That is, they will help put together an UNSC which is more faithfully reflective of the current global power distribution.
Theoretically, a more widely representative and inclusive UNSC could be a check against the arbitrary exercise of power by the more ambitious, expansionary and authoritarian members of the UNSC but a foremost challenge facing the UN is to induce such new members of the UNSC into representing the vital and legitimate interests of the ordinary publics within these states and internationally. Minus such representation of the world’s powerless UN reform could come to nought. In fact, this could be described as a prime challenge before the UN which could decide its enduring relevance.
Admittedly, the challenge is complex and defies easy resolution. Not all the countries that are seen as prospective UNSC members are democratic in orientation. That is, they would not be people-friendly or egalitarian. Most of them are governed by power elites that are part of what has been described as the ‘Transnational Capitalist Class’ and could be expected to be repressive and parasitic rather than caring or egalitarian. How then could they be expected to be committed to re-distributive justice within their countries, for example?
In the short and medium terms, the UN system could bring into being systems and institutions that could make it comparatively difficult for the power elites of the world to be parasitic, exploitive, self-serving and unconscionable. Strengthening and giving added teeth to systems that could prove effective against money-laundering and allied practices of self-aggrandizement is one way out.
Ironically, it is perhaps the UN that could lay the basis for and provide these mechanisms most effectively and non-obtrusively. It would need to work more with governments and publics on these fronts and lay the foundation for the necessary accountability procedures within states. It should prepare for the long haul.
In the longer term, it’s the coming into existence of democracy-conscious governments and ruling strata that must be sought. Here too the UN could play a significant role. Its numerous agencies could prove more proactive and dynamic in inculcating and teaching the core values of democracy to particularly poor and vulnerable populations that could fall prey to anti-democratic, parochial political forces that thrive on division and discord.
UN aid could be even directly tied to the establishment and strengthening of democratic institutions in particularly impoverished countries and regions. Thus will the basis be laid for younger leaders with a strong democratic vision and programmatic alternative for their countries. Hopefully, such issues would get some airing in the current UN General Assembly sessions.
Accordingly, the broad-basing of the UNSC is integral to UN reform but the progressive world cannot stop there. It would need to ensure the perpetuation of the UN system by helping to bring into being polities that would respect this cardinal international organization which has as its prime aim the fostering of world peace. Democracy-conscious populations are an urgent need and systems of education that advocate the core values of democracy need to be established and strengthened worldwide.
The coming into being of rivals to the current Western-dominated world order, such as the BRICS bloc, needs to be welcomed but unless they are people-friendly and egalitarian little good will be achieved. Besides, undermining the UN and its central institutions would prove utterly counter-productive.
I’ve always wondered why those who have hit the big time in their profession, as singers, have not cared to reach out to the needy.
They generally glorify themselves, especially on social media, not only with their achievements, but also with their outfits, etc. – all status symbols.
I’m still to see some of the big names grouping together to help the thousands who are suffering, at this point in time – children, especially.
However, I need to commend the Country Music Foundation of Sri Lanka for tirelessly working to bring some relief, and happiness, to children, in this part of the world.
Country Roads is said to be Sri Lanka’s and South Asia’s longest running charity concert for children, and this year, they say, the show will be even better.
This concert has consistently donated 100% of its proceeds to children’s charities in Sri Lanka. Over the past 35 years, this has resulted in several million rupees worth of aid, all of which has contributed directly to addressing the most pressing issues faced by children in Sri Lanka, a common practice since the concert’s first edition was held in 1988.
In 2014, the concert contributed Rs. 500,000 to Save the Children Sri Lanka, to support its mother-and-child programme for local plantations. During the same year, another Rs. 100,000 was given to the Oxonian Heart Foundation, to help treat impoverished and destitute children suffering from heart disease, while a further Rs. 100,000 was donated to a poor family caring for a special needs child. In commemoration of its landmark 25th anniversary concert in 2013, CMF donated a million rupees to aid in a special UNICEF project.
Astrid Brook from the UK
The 2023 musical extravaganza will feature the bright lights and panoramic cityscape of Colombo, as its backdrop, as it will be held at the picturesque Virticle by Jetwing, which is situated high above the city, on the 30th floor of the Access Towers building, in Union Place, Colombo 2.
The 35th anniversary Country Roads concert for children will take place on Saturday, 7th October, 2023.
Feizal Samath, President of the Country Music Foundation (CMF), the concert organisers, commented: “We are very much looking forward to this event as it’s being held after a lapse of five years, due to unavoidable circumstances.”
Fan favourites the Mavericks from Germany and Astrid Brook from the UK will once again return to headline the 2023 concert, and joining them on stage will be local outfit Cosmic Rays, as well as the Country Revival Band, with Feizal and Jury.
Dirk (from the Mavericks) has this to say to his Sri Lankan fans: “2018 was the last time we were in your beautiful country with the Mavericks band. Then Corona came and with it a long break. I missed you very much during this time.
“It has now been five years since my last visit to Sri Lanka. A lot has changed. The sponsorship that has always made this trip possible for us is gone. But we didn’t just want to end this tradition, which we have learned to love so much since 1992. That’s why we’re travelling to Sri Lanka this year entirely at our own expense, because it’s an affair of the heart for us.
Mavericks from Germany
“We very much hope that it won’t be the last Maverick performance in Sri Lanka. We hope that this unique journey will continue, that there will also be a Country Roads concert in the years to come.”
The 35th anniversary edition of the Country Roads concert for children will be supported by Official Venue Virticle by Jetwing, and Official Airline SriLankan Airlines, as well as its other partners, Jetwing Colombo Seven, Cargills, LOLC, and Firefly.
Tickets are currently available, for a charitable donation of Rs 2,000 each, at Cargills Food City outlets at Kirulapone, Kohuwela (Bernards), Majestic City, Mount Lavinia (junction) and Staples Street.
Give your skin a boost by including the following into your diet:
* Avocados:
Avocados contain healthy fats which can help your skin stay moisturised and firm.
They also contain vitamin C and E – two important nutrients that your body need to support healthy skin and fight free radical formation.
Avocados are also rich in biotin, a B vitamin that some nutritionists believe can help promote healthy skin and hair. A deficiency of biotin can lead to skin problems, such as rashes, ache, psoriasis, dermatitis and overall itchiness.
* Carrots:
Carrots are rich in vitamin A, which fights against sunburns, cell death, and wrinkles. Vitamin A also adds a healthy, warm glow to your skin.
You can get vitamin A by consuming provitamin A through fruits, vegetables, and other plant-based products. Your body then converts beta-carotene into vitamin A to protect your skin from the sun.
Provitamin A can also be found in oranges, spinach, sweet potatoes, pumpkin, bell peppers, broccoli and more.
* Dark Chocolate:
Dark chocolate is beneficial for your skin because cocoa powder boasts a bunch of antioxidants. These antioxidants hydrate and smoothen your skin, making your skin less sensitive to sunburn and improves the blood flow of your skin. Make a healthy choice by opting for a bar of dark chocolate with 70% cocoa for more antioxidants and lesser added sugar.
* Green Tea:
Green tea has been said to protect the skin against external stressors and ageing. This is because it is antioxidant-rich and contains catechins that protect your skin, reduce redness, increase hydration, and improve elasticity.
A diet rich in antioxidants along with adequate hydration may even out your skin texture, strengthen your skin barrier and improve your overall skin health.
Avoid adding milk to green tea as the combination can reduce the effects of the antioxidants present in green tea.
Additional tips for healthy skin…
Don’t forget to stay hydrated because water plays a big part in the appearance of your skin. Water ensures your skin has enough moisture, which reduces the appearance of fine lines and wrinkles. It also helps with nutrient absorption, removal of toxins and blood circulation.
Besides food and water, it is important to observe proper hygiene. This means no touching your face until you’ve washed your hands. Your hands carry more bacteria than you think and the occasional touch here and there can add up. After a long day out, cleanse your face thoroughly.
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