Features
‘UN fudged Lankan casualty figures’ – Lord Naseby
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.
Features
‘Lord Edgware Dies’
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.
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.
Features
Desilt reservoirs, learn from our ancient irrigation systems
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.
- Parakrama Samudraya
- Kalawewa
- Kotmale
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.
Features
Losing out to Ethiopia
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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