If one is to go by the opinions expressed in the English press quite a number is for implementation of the 13th Amendment, contained in the Geneva Resolution either fully or partially. Pieris who is sending out ‘a secret document’ to party leaders appears to be in the same frame of mind with a desire to implement the 13th amendment as far as possible. Those who want to make the district the unit of devolution are also working on the same premise. Furthermore most of these individuals see no wrong in their approach. After all what the Geneva Resolution demands is what we have proposed with our LLRC Report. Is there anything wrong in doing so?
What is ironical is that most of these individuals except for the few are ignorant of the fact that the LLRC Report has nowhere recommended that the 13th Amendment should be implemented though they speak of devolution of power. Those few who are aware of it keep silent since it will help them to achieve their hidden agenda. This only goes to show how clever Uncle Sam had been in handling this project. He has resorted to that age old wisdom contained in that pithy Sinhala saying – ‘urage malu ura pitama thiyala kapanawa’.
Before dismissing or agreeing with these views there is a fundamental question that should be sorted out by us, ‘on what legal or moral grounds are we going to accept this Geneva Resolution?’ Should we accept a Resolution that has no legal or moral basis and which is being forced down our throats with such cunning and duplicity?
‘UNHRC’ is a part of the UNO which has no independent existence on its own. It is under the jurisdiction of the UNO and has to accept the basic principles that guide the UNO. (I think this point was emphasized by the Russian ambassador here who was asked to comment on the Geneva resolution).
The basic principle on which the UNO was founded is stated in the Article 2(1) of Chapter 1. “The organization is based on the principle of sovereign equality of all its members”
Next Article 2 (7) of the same chapter points out that the only situation in which this sovereignty can be interfered with. “Nothing contained in the present charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any State or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.”
The UNHRC in bringing this Resolution has made out that the crushing of the 30 year old scourge of terrorism was a threat to international peace!
In formulating the charges of the violation of Human Rights Ban Ki moon appointed a panel at the instigation of UK, US, EU going far beyond the mandate given to him. “In the performance of their duties the Secretary General and the staff shall not seek or receive instructions from any Government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible to the Organization “(Chapter XV Article 100(1)
Going further Ban Ki moon appointed three persons who were not employees of the UN and as such not accountable to the UN. Ban Ki moon knew too well that they were Tiger sympathizers. When this was pointed out Ban-Ki-Moon made it out that it was a purely a personal affair and this panel was only to enlighten him on the problem and nothing else. It was not going to be a public document. But no sooner the Report of the Panel was ready he made it available to all the members of the UNHRC.
In the light of the above facts can anyone defend this Resolution which amounts to a gross violation of all that for which UNO stands.
By accepting this Resolution we are creating a precedent which will allow more powerful nations to have their way in the UNO. It will provide the key for the powerful nations to manipulate the UN to crush and undermine the sovereignty of powerless nations especially those nations who are economically dependent on those powerful nations.
The crafty cunning way by which this Resolution was presented in Geneva also needs to be highlighted.
US that presented this Resolution wanted to do it as a joint venture, as a Resolution crafted by both US and Sri Lanka. Our Ambassador Thamara Kunanayagam was wiser for it, and could see the duplicity involved. Having failed in doing so, the next move was to present it wrapped in the garb of the LLRC Report. Hiding behind that garb, they saw to it that it incorporates many new additions which looked very innocuous at first glance but had within them a far reaching well thought out diabolical scheme. The suggestion that Sri Lanka should seek technical assistance, advice and guidance was a ruse to enter into the fray and get a passage into the country, contrive the necessary evidence needed for the Darusman Report and initiate if possible an Arab Spring ending in ‘a regime change.’
By accepting such a resolution, we are endorsing the cunning duplicitous methods resorted to by this erstwhile body which ostensibly stands for Justice and Fair play in the world.
Our Government should take the full responsibility for providing an opening for such a low down tactic. It was the height of naïveté to have appointed a LLRC at this juncture. It may have been at the behest of those Advisers who till the last minute told the President that the US will not submit such a Resolution and that they mean no harm. What that appointment of the LLRC indicated to the outside world was that we had something to hide, something to cover up, when no one could point a finger at us when we had performed the greatest humanitarian exercise in the living memory of any nation, that had embarked on crushing a terrorist organization.
And who were the learned people we appointed to pass judgment on what we had done? They were no doubt legal luminaries, highly apolitical, brought up in the best of liberal traditions. Their legal luminosity will certainly illuminate the halls of justice, but not the dark murky nether world of international politics of today wherein a nation’s destiny is played out. What was presented to the LLRC was a highly sensitive political issue with many ramifications involving the fate and future of a nation. Oblivious to this dimension, they had the gumption to come out with profound pronouncements to the effect that there is an ethnic problem in this country which had to be remedied by devolution of power to the provinces. Having said so in the first paragraph, they go on to elaborate in the next paragraph as to how such devolution should be one with no disadvantage to any ethnic group or population, how it should ultimately empower the citizen. What words of wisdom!
This I suppose was what our enemies were looking forward to all the time. It was the grist they were after. I can well imagine how they would have pounced on it, knowing very well how they could refashion it after their hearts’ desire to serve their ends. They resorted to that ingenious method of frying in one’s own fat, which is well described by that pithy Sinhala saying- ‘urage malu ura pita thiyala kapanawa’.
The LLRC Report as well as the behaviour of our leaders over the last two three years show one thing – that they are living in a world of make believe far removed from reality. This cannot be due to unawareness. This attitude reminds me of a character in one of Arthur Koestler’s novels – he was a soldier hiding away in a cell to escape his enemies. With heavy snowing outside it was freezing. But he was feeling so cozy inside that he had no desire to get out. He knew that his enemies were closing upon him, but he preferred to stay inside leaving his life to fate. Our leaders appear to be in that mood, oblivious to the realities staring them in the face.
Whether we accept this Resolution or not, the dire consequences that follow would be the same. There will be no difference. Rejection of the Resolution would at least show that we have not been taken for a ride and that we have acted with full awareness.
All these charges of violating Human Rights are a charade. It is not to make us law abiding citizens adhering to Human Rights in the future. It is not through compassion for those Tamils in the North and the East. The sole aim of this exercise is to divide this country so as to get a foothold for the US and their allies to carry out their imperialist aspirations with the blessings of India. They appear to be desperate. They have thrown to the winds even the pretences to decent behaviour. The conduct of the Australian ambassador in the Gunaratnam affair is a good example. Sino-phobia has made them paranoid.
No amount of cunning or palavering would save us from this predicament. Whether we reject or accept this Resolution those dire consequences will follow like the cart wheel that follows the bull.- chakko wa vahatho padan. We will have to face up to these dire consequences. What is required is a strategy to do so – to face the consequences. A radical change in dealing with the International Community, to distance ourselves from our enemies as well as to get our friends to commit themselves would be indispensable in working out such a strategy. It is time that we give up our Euro centric servility. Prof. Martin Jacques’ famous book ‘When China Rules the World’ would be essential reading to cure us.
Let’s not forget that when the greatest super power took upon itself the task of bringing this Resolution against us much thinking and planning would have preceded that step. It should open our eyes at what is destined to follow.
Thirty years ago in 1987 when I first commented on Tiger Terrorism, I pointed out that it is not the result of an ethnic problem but a conspiracy by Western powers to divide this country. Every passing year has proved the truth contained in that prophecy. Now that truth is glaring before our eyes.
On April 4 2012 Barrack Obama made a new executive order putting the US on a war footing. This stunning move had made the Globa l Research Unit to pose the question – ‘Is it because of the looming war with Iran or a Third World War that will likely result from such a conflict? At the same time Barrack Obama has ordered 2243 F-43 Stealth Fighter Planes. –amounting to one and half trillion dollars. He has asked his allies, UK, Canada and Australia to buy the same as early as possible. Prof. Michael Chossudovsky commenting on this move has come out with this conclusion: “this massive procurement of advanced weapons systems is part of America’s global war largely directed against Russia, China, North Korea and Iran”.
In all our dealings, decisions and actions we should be painfully aware of this global reality. The adage – to think globally and act locally – would prove profitable in this instance.
– Gunadasa Amarasekera