The best way to protect a lie is to continue lying. When it comes to allegations of war crime, it is no secret that the Government of Sri Lanka’s defense is held together by an elaborate network of deceptions – one maintained by outright denial of wrongdoing combined with a subversion of the island’s ethnic question. This formula reached a high point two years ago this month during President Mahinda Rajapaksa’s campaign to eliminate the Liberation Tigers of Tamil Eelam and militarily end the war. After years of countless witness testimonies as well as investigations by numerous human rights and legal organizations, including the UN, alleging the government of mistreating and killing tens of thousands of civilians during its offensive, the Rajapaksa government continues to deny that its forces caused a single civilian death or remotely violated any international human rights law.
Since its withdrawal from the Norwegian-brokered ceasefire agreement with the Tigers in 2006, Sri Lanka has simplified and reformulated the extremely complex ethnic conflict, first as a war on terror, then finally to a mere ‘humanitarian operation’ towards the end of the conflict. Meanwhile, ethnic tensions between the Tamils and Singhalese has been the predominant political problem on the island since Sri Lanka’s independence from the British in 1948. With the Tigers fighting for a separate homeland for the Tamil minorities since the late 1970s, the island saw Asia’s longest running civil war of three decades, claiming over 80,000 lives – more than that of all the Arab-Israeli wars and the war in Afghanistan put together.
Immediately following the official end of the war on May 19, 2009, the UN Human Rights Council convened a special session on the conduct of the war by both the Tigers and Sri Lanka’s military. With a debate focusing entirely on violations carried out by the Tigers, Sri Lanka successfully rallied its non-Western allies, including China, Russia, India and Pakistan, towards passing a resolution not to investigate human rights violations and war crimes by its military, but to praise itself on a historical victory over the Tigers.
The politicized resolution resulted in a complete disregard for international law and accountability – it was fundamentally flawed. The UN’s very own High Commissioner for Human Rights, Navi Pillay expressed regret and disappointment at the resolution and Amnesty International declared the outcome an abandonment of “hundreds of thousands of people in Sri Lanka to cynical political considerations.” Histories are quickly forgotten and as a commending rather than a condemning resolution, the UN body gave the Government of Sri Lanka more than enough ammunition to continue unafraid its trend of deceptive diplomacy at the global level.
Along with deliberately misconveying its intentions and conducts, the Government of Sri Lanka has a long history of systematically subverting the political goal and image of its enemy. By expelling all media from the epicenter of fighting in the north east of the island in late 2008 and early 2009, Sri Lanka not only avoided exposing its crimes, but cleverly made sure the Liberation Tigers of Tamil Eelam were not seen as soldiers in uniform waging a civil war, but perceived as the invisible enemy – the kind that the United States might fight – the kind whose goals are illegitimate, can be blamed for all evil and easily associated with Bin Laden and the fabricated global ideology of terror.
With the Tigers gone, the Sinhala-dominated Government of Sri Lanka no longer has an enemy to divert attention from its own crimes and despotic intentions. Not wanting to find itself with no room for maneuvering around obvious post-war questions, the government established the Lessons Learnt and Reconciliation Commission (LLRC). Promoted as a mechanism for restorative justice after decades of fighting, it has no actual mandate for accountability. While claiming to be an independent commission, most of its members are retired senior government officials very likely to have alliances with high level political and military members of Rajapaksa’s inner circle.
So obviously corrupt and sinister is the commission that the International Crisis Group, Human Rights Watch and Amnesty International in a joint letter declined to participate in it at the risk of lending it legitimacy. Pointing out the LLRC’s deep flaw in structure and practice the letter states “ It [the LLRC] not only fails to meet basic international standards for independent and impartial inquiries, but it is proceeding against a backdrop of government failure to address impunity and continuing human rights abuses.” Not a single Sri Lankan official – military or otherwise – has ever been charged with violating human rights before or after the war. The LLRC will remain a ploy to maintain an illusion of post-war peace and reconciliation efforts.
Sri Lanka’s diversion from the obvious historical and political question of Tamil self-determination and statehood continues unabated. Later this month, Sri Lanka is to host an international seminar boldly titled “Defeating Terrorism – The Sri Lanka Experience.” The meeting is essentially a classroom lesson on getting rid of terrorists, attended by military officials of 54 countries – very likely the same countries that voted to pass the UN resolution to ignore Sri Lanka’s crimes. Sri Lanka’s claim of credential for such a lesson being that it is the only country to have successfully defeated terrorism. With this level of triumphilism and formulation of the island’s ethno-religious politics as a matter of global military strategy, Sri Lanka inadvertently exposes its complete disregard of the Tamil population and its legitimate grievances – the same tendencies that gave birth to the Tigers and prolonged warfare in the first place.
The recently released UN Report of the Secretary-General’s Panel of Experts On Accountability in Sri Lanka assesses that during the final months of the war alone, up to 40,000 civilians may have been killed, with the vast majority of deaths resulting from Sri Lankan Security Forces directly targeting areas where Tamils civilians sought safety, including hospitals and schools. Rajapaksa’s response to the report, and the world, was to sadly turn the country’s annual May Day celebrations into demonstrations against the UN’s secretary general Ban Ki-Moon.
Sri Lanka’s twisting of its 2009 genocidal onslaught on the Tamil people into the positive frameworks of nationalism and humanitarian operations, should give us a remarkable indication of the breadth and audacity of its deceit. Not to mention, it claims to have maintained a ‘zero-civilian casualty policy’ throughout the whole operation of fighting the Tigers – the need for such a policy of course being redundant and pointless if the mission was indeed to rescue civilians held hostage. Obvious contradictions abound in Sri Lanka’s web of lies, and cycles of violence will inevitably repeat.