Uphill battle in Geneva
India's position double-edged, vote against Lanka will weaken its position and give walkover to China
However, the video drew an angry reaction from the Ministry of Defence. A statement issued by it on Thursday said:
"The Ministry of Defence in Sri Lanka yesterday noted the release of a new video by the Channel Four based on the alleged HR violations during the final stages of the humanitarian movement the country went through with the LTTE terrorist group.
"The Ministry categorically rejects the above video as baseless and unacceptable. Referring to the first such defamatory video released by the same source, it was announced that when the Sri Lankan government proved beyond doubt that the footage featured was definitely technically engineered, all media groups which were ready to support channel four did not respond. Channel four itself was unable to prove the authenticity of the first video once the Sri Lankan Government publicized the actual footage which was a part of the documentary done in 20102011 by the Ministry of Defence for public awareness both local and international.
"It is noted that the Channel four has come up with the second and similar video aiming at defaming Sri Lanka at the current UN summit for Human Rights held in Geneva. The Ministry of Defence rejects all allegations of human rights violation stating that it is able to prove with valid evidence that it was the LTTE that committed gross violation of human rights over the past three decades.
"The Channel Four had the opportunity to present the said information to the LLRC officially and take action internationally against HR violation. Instead they opted to air the video purely given the fact that they are unable to prove the authenticity of the footage if confronted by a responsible body.
"The video aims to impress on the international community that thousands of lives were lost periodically with no provable supporting evidence."
Both in the Rajya Sabha and the Lok Sabha, members of the Dravida Munnetra Kazhakam (DMK) and All India Anna Dravida Munnetra Kazhakam (AIADMK) demanded that India support the Us-backed resolution at the UNHRC. The DMK is a constituent partner of the UPA government. Earlier, Sri Lanka was the subject of written correspondence between the DMK leader, Muthuvel Karunanidhi and Indian Prime Minister, Manmohan Singh. Singh wrote to Karunanidhi, hinting that India would vote for the resolution. He noted that India has emphasised the need for an "independent and credible mechanism to investigate allegations of human rights violations in a time-bound manner, which has also been recommended by the LLRC." He added, "With regard to the resolution in the UN Human Rights Council, we are engaged with all parties in an effort to achieve an outcome that is forward-looking and that ensures that rather than deepening confrontation and mistrust between the concerned parties, a way forward is found on issues related to accountability and reconciliation. Our objective, as always, remains the achievement of a future for the Tamil community in Sri Lanka that is marked by equality, dignity, justice and selfrespect."
Similar sentiments were expressed by India's External Affairs Minister, S.M. Krishna, in an extended statement made to the Rajya Sabha on Wednesday. It contains reference to some significant matters in the bilateral relations between Sri Lanka and India. Important among them is a reiteration by Krishna that the Sri Lanka government has assured him about the full implementation of the 13th Amendment to the Constitution. It is pertinent to note the repetition of this assurance when the official stance of the Sri Lanka government has shifted considerably. The UPFA leaders have declared that any political package to address Tamil grievances should be evolved by the proposed Parliamentary Select Committee (PSC). However, the appointment of such a committee has been indefinitely delayed. The Tamil National Alliance (TNA), with whom Krishna says there should be a "broader dialogue" together with other Tamil parties is refusing to nominate its representatives. The party insists that a package that should evolve during its talks with the government should form the basis for discussion by the proposed PSC. Another is Krishna's observation that "it is mainly as a result of our constructive engagement with the Government of Sri Lanka and our considerable assistance programme that a modicum of normalcy is begin- ning to return to the Tamil areas in Sri Lanka."
Though seemingly harmless, the remarks make the point that there would have been no normalcy in the north after the defeat of the Tiger guerrillas if not for Indian intervention.
Krishna explains why the Indian government is taking up the present position. Here are highlights of a much-nuanced statement:
"…….The end of the long period of armed conflict in Sri Lanka in May 2009, left around 300,000 Internally Displaced Persons (IDPS) living in camps in Northern Sri Lanka and general devastation of infrastructure in the affected areas…...
"……… The Prime Minister, in June 2009 immediately after the conflict announced a grant of Rs. 500 crores for relief, rehabilitation and resettlement work in Sri Lanka. The Government of India has implemented and continues to implement a wide range of projects covering assistance projects for IDPS in the areas of housing, de-mining, education, connectivity, livelihood restoration, economic revival etc. We have been informed by representatives of Sri Lankan Tamils that the tractors, seeds and agricultural implements gifted by the Government of India have greatly benefited the people in the area.
"India also announced the construction of 50,000 houses, mainly for IDPS in Sri Lanka. During my visit to Sri Lanka in January 2012, I handed over the first lot of completed houses to the beneficiaries at Ariyalai, Jaffna and Kilinochchi. These houses have been constructed under a pilot project for construction of 1000 houses. As of endFebruary 2012, a total of 365 houses had been completed, another 370 houses completed up to roof level and 230 houses completed up to lintel level. It may also be kept in mind that construction is taking place in largely inaccessible areas, which in many cases has to be freed of mines and other explosive ordnance and cleared of jungle……
"………I would like to underline that it is mainly as a result of our constructive engagement with the Government of Sri Lanka and our considerable assistance programme that a modicum of normalcy is beginning to return to the Tamil areas in Sri Lanka. There has also been progress given the withdrawal of emergency regulations by the Government of Sri Lanka and the conduct of elections to local bodies in the Northern Province of Sri Lanka.
"Our primary objective in all that we are doing in Sri Lanka is to ensure the welfare and wellbeing of Sri Lankan Tamils, including IDPS, and to assist in the reconstruction and development of areas affected by the conflict.
"Several Members of the House have raised the issue of alleged human rights violations during the protracted conflict in Sri Lanka and on the USinitiated draft resolution on 'Promoting Reconciliation and Accountability in Sri Lanka' at the ongoing 19th Session of the UN Human Rights Council in Geneva. Concerns have been expressed by various quarters on allegations of human rights violations, including as shown in the Channel 4 documentaries; it is the responsibility of the Sri Lankan Government, in the first instance to investigate and inquire into them through a transparent process.
The following 47 countries are members of the United Nations Human Rights Council. The year when their term of office expires is given in brackets:
Angola (2013), Austria (2014), Bangladesh (2012), Belgium (2012), Benin (2014), Botswana (2014), Burkina Faso (2014), Cameroon ( 2012), Chile ( 2014), China ( 2012), Congo (2014), Costa Rica (2014), Cuba (2012), Czech Republic (2014), Djibouti (2012), Ecuador (2013), Guatemala (2013), Hungary (2012), India ( 2014), Indonesia ( 2014), Italy
"We understand that the Government of Sri Lanka has initiated a series of measures, including appointment of a Cabinet Sub-committee to monitor implementation of the proposals in the National Human Rights Action Plan (NHRAP) and reactivating the National Police Commission, in line with the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) report. Separately, the Sri Lankan defence authorities are reported to have appointed a Court of Inquiry to look into allegations of human rights violations as required by the LLRC report.
"The Government of India has, nonetheless, emphasised to the Government of Sri Lanka the importance of a genuine process of reconciliation to address the grievances of the Tamil community. In this connection, we have called for implementation of the recommendations in the Report of the LLRC that has been tabled before the Sri Lankan Parliament. These include various constructive measures for healing the wounds of the conflict and fostering a process of lasting peace and reconciliation in Sri Lanka.
"We have been assured by the Government of Sri Lanka, including during my visit to Sri Lanka in January this year, of its commitment towards pursuit of a political process, through a broader dialogue with all parties, including the TNA, leading to the full implementation of the 13th Amendment to the Sri Lankan Constitution, so as to achieve meaningful devolution of powers and genuine national reconciliation. We hope that the Government of Sri Lanka, recognising the critical importance of this issue, acts decisively and with vision in this regard. We will remain engaged with them through this process and in the spirit of partnership encourage them to take forward the dialogue with the elected representatives of the Sri Lankan Tamils……………
"………I would like to highlight here that on such sensitive issues we will need to consider the implications of our actions carefully. Any assertions on our part may have implications on our historically friendly relations with a neighbouring country. We would also need to examine whether our actions will actually assist in the process of reconciliation in Sri Lanka, and enhance the current dialogue between the Government of Sri Lanka and Tamil parties, including the Tamil National Alliance. "As far as our position on the resolution is concerned, we are engaged with all parties in an effort to achieve a forward looking outcome that is based on (2014), Jordan (2012), Kuwait (2014), Kyrgyzstan (2012), Libya (2013), Malaysia (2013), Maldives ( 2013), Mauritania ( 2013), Mauritius (2012), Mexico (2012), Nigeria (2012), Norway (2012), Peru ( 2014), Philippines ( 2014), Poland ( 2013), Qatar ( 2013), Republic of Moldova (2013), Romania (2014), Russian Federation (2012), Saudi Arabia (2012), Senegal (2012), Spain (2013), Switzerland (2013), Thailand (2013), Uganda (2013), United States of America (2012) and Uruguay (2012). reconciliation and accountability rather than deepening confrontation and mistrust between the concerned parties. I may mention that the issue of human rights allegations against Sri Lanka is yet to come up for formal discussion at the 19th Session of the UNHRC in Geneva. A view on this issue will be taken as and when the time is finalized for consideration of the draft resolution on Sri Lanka at the UNHRC.
"I, therefore, would like to inform this House that our objectives, as always, continue to remain the achievement of a future for the Tamil community in Sri Lanka that is marked by equality, dignity, justice and self-respect. I may assure the House that the Government will bear in mind the views and sentiments expressed in this House, and once a final view is taken Government will keep the Parliament informed."
It is only because of India's behind the scene diplomacy in Geneva at the UNHCR that Krishna noted in his statement that "A view on this issue will be taken as and when the time is finalized for consideration of the draft resolution on Sri Lanka in the UNHRC."
Titled "The Situation in Sri Lanka," Krishna's statement, no doubt, is one that is double-edged. One is to brief members of India's legislature on the current status of the bi-lateral relations. It explains why India cannot, after investment of crores of Indian rupees in Sri Lanka, particularly in the north, engage in a course of action that will place New Delhi at odds with Colombo.
That would also mean a "diplomatic walk over" to China which India perceives is expanding its influence in Sri Lanka. The other is a message to the Sri Lanka government giving the broader objectives of India's foreign policy and a reminder that New Delhi has not changed positions. Whatever is the outcome of the resolution, India is making clear it would back Sri Lanka and reminds Colombo it also has obligations to fulfil in return.
Without doubt, how Sri Lanka fares in Geneva would be the subject of debate not only in the coming week, but for months to follow. It comes as an eye opener that there is an important need to review the conduct of the country's foreign policy. Subjugating national interest for personal aggrandisement or image building could turn futile if Sri Lanka continues to get isolated in the international community. The challenge before the UPFA leadership is to place the running of the country's foreign policy in efficient and capable hands or face more debacles.