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A crisis of expectations

March 6, 2014Thursday 06th March 2014

Months of anticipation for Human rights campaigners, the Tamil Diaspora Communities and the country's Main Tamil arty ended in an anti!Clima" #hen eases $nternational pledges and dire %arnings, the &'(' draft resolution at the Human )ights Council released Monday failed to Call for an $nternational in*uiry into alleged %ar crimes in (ri +an,a' Many of these groups ha-e re.ected the resolution outright as /eing %ea, and ineffectual, /ut the real tragedy is that the (ri +an,an 0o-ernment fails to see the opening the draft pro-ides for resuming engagement %ith those players it no% credits as /eing hostile states' 1nd despite the criticism, the resolution's call for the in-estigation /y the 2ffice of the High Commissioner for Human )ights into -iolations in (ri +an,a, offers the clearest indication yet that the cloc, on engagement is fast running out Three days after the 23th (ession of the Human )ights Council in 0ene-a opened, some might say #hose resident Mahinda )a.apa,sa 0o-ernment is /eing accused of crimes during the Ma.or #ar, has already achie-ed a massi-e 4ictory' 1fter months of dire %arnings, and much finger Threats %agging, the 5irst draft of the &'(' sponsored resolution ma,es no reference to the esta/lishment of an $nternational $n-estigation into allegations of #ar crimes in (ri +an,a' The e"clusion of the '$nternational in*uiry' clause in the resolution's initial te"t goes to pro-e %hat the )a.apa,sa 1dministration has ,no%n all along ! that the international community's /ar, is much %orse than its /ite, irate human rights acti-ists said, after the first te"t %as officially su/mitted to the Council at 4 pm 0ene-a time on Monday 678'

The initial draft of the third &(

/ac,ed resolution on (ri +an,a, first re-ealed e"clusi-ely in Daily 5T's lead story on Tuesday 648 and li,ely to /e adopted /y the Council later this month is significantly stronger in language than the t%o that ha-e preceded it in 2012 and 2017' 2ngoing attac,s on religious minorities, the transparency failure in the pro/e into the murder of three unarmed ci-ilians during a protest for clean %ater in #eli%eriya in 1ugust 2017 feature significantly in the draft resolution, indications that the spotlight not only remains on the (ri +an,an human rights situation fi-e years after the end of the %ar, /ut that the focus is not limited to %ar time a/uses' 1nd %hile the 2017 resolution attempted to hold (ri +an,a to its promise that elections for the 9orthern ro-incial Council %ould /e held /y (eptem/er last year, the 2014 -ersion no% calls on the 0o-ernment of (ri +an,a to 'pro-ide the 9orthern ro-incial Council %ith the resources and authority to go-ern 'in 1ccordance %ith the 17th 1mendment to the Constitution' The inclusion of the )ecommendation is significant' ro/lems %ith the 9 C (ince his election to 2ffice %ith an o-er%helming ma.ority in the (eptem/er 2017 election, Chief Minister has a single :attle!C4 #ignes%aran cry' Colom/o is the former (upreme Court ;ustice insists that /loc,ading the T91!led Council in e-ery #ay, permitting the 9orthern 0o-ernor ! a residential appointment ! and a hea-ily entrenched pro-incial :ureaucracy to Call 1ll the (hots in the formerly em/attled region' #ignes%aran tells -isiting dignitaries and diplomats %ith much angst, that the Council has /een reduced to a /ody that passes non!/inding resolutions on issues fundamental to the political rights of his people, despite the great e"pectations %ith %hich it %as s%ept into po%er' #hen <"ternal 1ffairs Minister 0+ eiris presented (ri +an,a's 9ational (tatement at the &9H)C's High +e-el (ession in 0ene-a yesterday, he made special reference to Tuesday's grand re!opening of the rail%ay line /et%een the former +TT< stronghold of =ilinochchi and the to%n of allai' )uling the administration often references the hase!/y! hase )econstruction of the )ail Connection to ;affna, and

legitimately so, 1s an important step (tep in )e!+in,ing the 9orth to the (outh of the country after decades of #ar had se-ered the Connection' allai %as a /ustling rail%ay station pre!%ar, and on Tuesday it /ecame the first the first station to /e re! lin,ed in the ;affna District, the cultural heartland of (ri +an,an Tamils' ost!conflict )econciliation of the sym/olism in e-ery #ay, reconnection and re/uilding of the station is 1ssociated %ith the 1pril inescapa/le' The pro.ect %as underta,en /y an $ndian Company %ith the 5ull /ac,ing of the $ndian 0o-ernment that is strongly supporti-e of the 9orthern ro-incial Council' $t is deeply mystifying therefore that the 0o-ernment failed to in-ite the 9orthern ro-ince Chief Minister to Tuesday's opening' The 0uest of honor %as & 51 Minister Douglas De-ananda, a man #hose arty the people of the 9orth -ehemently re.ected in +ast year's election' The Mo-e ma,es $T clear that the )uling )egime is loathe to share the credit for ost!#ar De-elopment %ith the T91, that is a ma.or thorn in its side politically' :ut the /latant snu/ is also an apt illustration of Ho% the )a.apa,sa administration confuses $ts ost! #ar riorities, pri>ing hysical )econstruction o-er healing and reconciling hearts and Minds across the ethnic Di-ide' The e"clusion of #ignes%aran also /elies the 0o-ernment's claim, Most recently made /efore the &9H)C in $ts response to High Commissioner illay's damning report 2n (ri +an,a that the 0o-ernment %as %or,ing in cooperation %ith the 9orthern ro-incial Council' 5ar 5rom a/stract Therefore, the &'(' resolution is dealing e"plicitly and minutely %ith political issues 5acing the Tamil Community 2n the 0round , in real Time' 9o =udos for resolution that has %on :ut #ashington and $ts co!sponsors no =udos 5rom the Tamil Community in (ri +an,a or the Tamil Diaspora Communities that are -ocal Hungry for action o-erseas' The :ritish Tamils 5orum, a Ma.or lo//y 0roup in the &= has openly condemned the resolution 1s /eing %ea,, and Their sentiments %ere echoed /y the Tamil 9ational 1lliance's More 9ationalist sections +ast afternoon' addressing a ress conference, T91 ;affna District M (uresh remachandran charged that the resolution in no %ay addressed the heart!cries of the Tamil people' Ma,ing a (trange argument, the T91 M alleged that the &'(' 0o-ernment %as focused 2n )egime change in (ri +an,a and %as see,ing to %in fa-or %ith the (inhalese ma.ority #22D+19D to this goal, resulting in a %atered do%n resolution' Human rights acti-ists %orld%ide are to criti*uing the draft resolution 1s %ea, in Tenor and .ust another 'holding resolution' that %ill afford the (ri +an,an 0o-ernment further Time and allo% the 0lo/al appetite for action in (ri +an,a to %ane 1s the months and years #ear 2n' 5rom the 0o-ernment of (ri +an,a's perspecti-e, each of these groups ! rights %atchdogs, the Tamil Diaspora and the T91 are the enemy' $ronically, these are the same %ith credits 0roups conspiring against

the 0o-ernment of (ri +an,a and pushing the %orld to 1CT against a o%erful nations that did the unthin,a/le and defeated a small $sland 9ation into the ruthless terrorist outfit' $t defies +ogic Therefore the (ri +an,an 0o-ernment that %ill soon .oin the chorus of critics of the latest &( resolution ! for -astly different reasons' 1ll indications are that (ri +an,a %ill re.ect the resolution outright ! eases the fact that $T is uni-ersally ac,no%ledged that in $ts 5irst draft at least, the document has another year to satelliet (ri +an,a ost!#ar #or, 2n $ts 2utstanding issues' The resolution stresses cooperation , strongly supports a truth see,ing process to address allegations of a/use and opens a further %indo% for the 0o-ernment to acti-ely engage %ith sponsors and supporters of the resolution on dealing %ith the concerns outlined in a credi/le and internationally accepta/le %ay' ;udging 5rom Minister eiris' speech, %hich alleged :ias and intrusion /y illay and ru//ished the report she presented to the Council follo%ing her fact 5$9D$90 Mission in (ri +an,a, <ngagement is 2ff the ta/le' 5or too +ong, (ri +an,a's foreign olicy has focused 2n /elligerence against percei-ed enemies' $t is a ha/it that is pro-ing hard to /rea,' #orse still, $T May /e :linding the )egime to opportunities /eing laid s*uarely at $ts Door' Despite the initial Criticism Ho%e-er, the draft resolution released 2n Monday also ma,es $T clear that the cloc, 2n $nternational <ngagement and the %orld Community's appetite for stone%alling /y the (ri +an,an 0o-ernment is )unning out fast' The Most significant clause of the draft resolution 2n $ts 5ourth and 5inal page appears' The eighth recommendation of 10 included in the draft resolution re*uests the 2ffice of the High Commissioner of Human )ights 62HCH)8 ?to in-estigate alleged -iolations and a/uses of human rights and related crimes /y /oth parties in (ri +an,a, %ith input from rele-ant special procedures mandate 1s (upreme Clean appropriate ?' 2HCH) $n*uiry The 2ffice of the High Commissioner 2n rogress of this $n-estigation is /eing Called upon to report to the Human )ights Council and 2TH<) monitoring and assessments orally at the 2@th (ession in (eptem/er 2014' 1 comprehensi-e report of the 2HCH) findings is to /e presented /efore the Council and follo%ed /y a discussion in March 2013' $n her address /efore the Council on Tuesday 648, &( &nder (ecretary of (tate for Ci-ilian (ecurity, Democracy and Human )ights confirmed the resolution %as calling for a pro/e /y illay's 2ffice, into /oth allegations a/out %ar time a/uses and more recent -iolations' ?$n 2012 and again last year, this council urged the 0o-ernment of (ri +an,a to launch an independent in-estigation into the deaths of thousands of ci-ilians during that country's terri/le ci-il %ar' The 0o-ernment has )efused To Date, ?the &'(' official told the Council' /egan Calls #hen Mount o-er to the need to esta/lish an $nternational #ar crimes in (ri +an,a

mechanism to +oo, into alleged, the :ig Auestion /efore the in*uiry form %hat %as the $nternational Community could ta,e' 5or in-estigations led &9H)C, T%o options %ere the co!sponsors of the resolution 2n (ri +an,a /efore' The first, more %ell ,no%n and understood option is the Commission of $n*uiry mechanism' Commissions of $n*uiry ha-e most recently /een conducted in (yria and 9orth =orea, the findings of %hich are /efore this Council session' Commissions of $n*uiry ta,e months to constitute, once appro-ed /y the 4@ mem/er Human )ights Council and comprise independent in-estigators and e"perts %ith the po%er to summon %itnesses and gather e-idence' )esourcing and funding must /e /orne /y the &9 mem/er (tates of such Commissions, Council Mem/ers must deem the e"ercise emergent Therefore in order to appro-e the Magnitude of costs and dire $n-ol-ed in the process' The More desira/le option in the case of (ri +an,a, /oth in terms of the fact that $T %ould More easily #22D+19D consensus #ithin the Council and :ecause $T %as +ess intrusi-e 5rom the 0o-ernment's perspecti-e, %as the 2HCH) in*uiry mechanism' 1 pro/e /y illay's 2ffice %ould /e <asier to set up, cost!<ffecti-e and %ould not 5rom the 2017 resolution %hich imply de-iance 0reat for a fact 5$9D$90 Mission Called /y the High Commissioner' #ea, resolutionB H) acti-ists 1ccording to Human rights acti-ists, the draft resolution is %ea, in $T :ecause $ts current format does not e"plicitly 2HCH) Call for an in*uiry, e-en though the process is implied and reinforced /y (e%all's remar,s to the Council' The clause lea-es room for the illay!led in*uiry, /ut perhaps only in the a/sence of the 0o-ernment's continued refusal to address the allegations through a domestic process' The (ri +an,an 0o-ernment for the good 9e%s is that the draft resolution May /e diluted in terms of +anguage and action re*uired in the 9e"t Three %ee,s /efore the 4ote is ta,en, in order to allo% :road $ts adoption /y a ma.ority of the Council' The draft resolution also pro-ides the (ri +an,an 0o-ernment %ith significant le-erage /y its strong /ac,ing for a truth see,ing mechanism to deal %ith allegations that ha-e arisen a/out the last days of the %ar' The reference is a (outh 1frican style Truth and )econciliation Commission for code 6T)C8 that the (ri +an,an 0o-ernment is toying %ith esta/lishing especially in the )un up to the March (essions in 0ene-a' )ising Hopes %ere in the past %ee,s a/out a 5<# 1ssisted (outh 1frica T)C in (ri +an,a, especially after the ruling 1frican 9ational Congress appointed Cyril )amaphosa as its special en-oy to (ri +an,a' 1 0o-ernment delegation led /y +eader of the House 9imal (iripala De (il-a has also .ust returned from a -isit to (outh 1frica, presuma/ly to ?e"plore? T)C type options' The t%o mo-es %ere %idely /elie-ed to indicate that the (outh 1frican 0o-ernment %as %illing to %or, %ith (ri +an,a on a truth telling process' )elations /et%een the (outh 1frican

resident ;aco/ Cuma after T%o countries ha-e /een ro/ust attended the Common%ealth summit in Colom/o eases the contro-ersy surrounding the Meeting' (outh 1frica and the T)C 1t the &9H)C, %here the &'(' resolution %ill Come up for a 4ote 2n 2D March, (outh 1frica's support is crucial for (ri +an,a' The -otes of se-eral 2TH<) 1frican (tates, including Clothing 6a ne% &9H)C mem/er for 20148, :ots%ana and :ur,ina 5aso %ill hinge 2n (outh 1frica's decision 2n the &'(' resolution' (ri +an,a's cooperation %ith (outh 1frica 2n a T)C process, %ill almost 0uarantee that the 19C %ill side %ith Colom/o in 0ene-a this year, against the &( mo-e' The appointment of )amaphosa, informed sources say is significant /ecause the 19C Deputy resident is tipped to /e (outh 1frica's ne"t resident, after Cuma concludes his ne"t term' The 19C is =een to /oost )amaphosa's $nternational rofile ahead of that De-elopment, resulting in his appointment 1s <n-oy to /oth (ri +an,a and (outh (udan' The stic,ing oint for the )a.apa,sa 0o-ernment Ho%e-er, is that the 19C %ill insist 2n a credi/le process if $T is to assist (ri +an,a %ith a T)C' $n fact, if the process is adopted /y (ri +an,a 5ound to /e inade*uate or pre.udiced in any form, the 19C %as li,ely to criticise /oth the process and openly repudiate $T, sources said' $t is unclear if $T %as these considerations that prompted the (trange pronouncement from 1run Tham/imuttu, the (+5 organiser for :atticaloa and mem/er of the 0o-ernment delegation to (outh 1frica, that discussion in retoria had re-ealed there %ere more differences than commonalities /et%een the post conflict situations in (ri +an,a and (outh 1frica' Tham/imuttu's declaration %as /uttressed /y Minister eiris, %ho %as also present at the presidential interaction %ith foreign correspondents /ased in Colom/o at Temple Trees last 5riday 62D8' The Minister said the delegation to (outh 1frica had focused on sharing e"periences, steering clear of committing on %hether the 0o-ernment %as decided on a T)C' The 0o-ernment is ,een to ,eep the promise of the T)C ali-e, at least to ensure it does not lose (outh 1frica's crucial support at the Council' :ut it %ould prefer not to firmly commit to a truth see,ing process, in case it finds it is /ac,ed into a corner' The regime learnt %hat it considers a /rutal lesson se-eral years ago %ith the ++)C %hich %as esta/lished to %ard off international pressure, only to find that the Commission's report %as pounced upon /y the #estern lo//y that insisted on its recommendations /eing implemented in successi-e &9H)C resolutions' (trange De-elopments #hile rogress 2n /ac,room discussions /et%een (outh 1frica and Colom/o )emains unclear, (outh 1frican Minister for $nternational )elations and Cooperation <mily 9,oana!Masha/ane e"cluded a reference to (ri +an,a in the deli-ered -ersion of her speech to the &9H)C's High +e-el (egment 2n Tuesday' $n the te"t of her speech, uploaded on the

&9H)C %e/site shortly after it %as deli-ered the Minister said it %as important to allo% (ri +an,ans to find each other and out of this, find solutions that are dura/le for their country' ?#e as (outh 1fricans also had to find each other and conse*uently find our o%n solution to our o%n pro/lem' This is our %ish for the people of (ri +an,a, ?the document uploaded on the %e/site said' Ho%e-er, in her oral presentation, 9,oana! Masha/ane omitted the reference to (ri +an,a altogether' 2ddly, the e"clusion coincided %ith a call /y (outh 1frican 1rch/ishop <meritus of Cape To%n, and 9o/el eace +aureate for an international in-estigation into alleged %ar crimes in (ri +an,a Desmond Tutu' Tutu, a mem/er of The <lders, a grouping of glo/al leaders %or,ing to foster peace and human rights %hich %as founded /y 9elson Mandela, said only an international commission of in*uiry, esta/lished /y the March 2014 resolution at the &9H)C %ould put (ri +an,a on the 1TH to ;ustice and )econciliation' ?The :iggest $ssue is a systemic (ri +an,a 5aces $ts +ac, of respect for the rights of citi>ens, particularly ! /ut not e"clusi-ely ! $ts 1ll $nsurances citi>ens' This is rooted in a Culture of impunity that is in Turn rooted in a failure to Hold to account those, 2n /oth sides, %ho committed some of the %orst atrocities this century, ?Tutu said in an 2pen letter released yesterday' Tutu's pu/lic Call puts the (outh 1frican 0o-ernment in a supremely a%,%ard position %ith regard to the (ri +an,a issue' Desmond Tutu, a tireless anti!apartheid acti-ist and peace!campaigner is %idely regarded as (outh 1frica's moral conscience' 1s (outh 1frica comes to its o%n economically 20 years post!conflict, spiritual leaders li,e Tutu stri-e to ,eep the 19C true to the founding -alues of the (outh 1frican constitution dra%n up post!1partheid' #hen the 19C /o%ed to pressure 5rom China and turned do%n a -isa re*uest for the Dalai +ama in 2011, Tutu railed against the 0o-ernment, threatening to pray for $ts do%nfall for /etraying the -alues upon %hich the )ain/o% 9ation %as 5ounded' The 19C's decision to /ac, a regime that Tutu and others ha-e come to regard as ma.or -iolators of its peoples' freedoms and an oppressor of minorities, may pro-o,e a similar outcry' 1s the de/ate rages a/out %hether the 19C is de-iating 5rom Mandela's 4ision for (outh 1frica /y allying %ith purported oppressors, the arty's approach to (ri +an,a %ill /e a Crucial indicator for $ts the Critics' 1ll this not%ithstanding, (outh 1frica's 4ote at the &9H)C %ill /e a Crucial litmus test of the =ind of support &'(' )esolutions %ill /e a/le to muster going for%ard' The #ay (audi 1ra/ia s%ings %ith regard the &'(' resolution %ill also /e an important indicator 1s to %hether the 0o-ernment's patronage of anti!$slamic 0roups in (ri +an,a is resonating %ith sections of the 1ra/ic %orld' (o far, there are no indications of the $slamic /loc s%itching allegiances' :ut ironically, e-en as religious freedom features hea-ily in the

de/ate o-er (ri +an,a at the &9H)C, the 0angoda%ila Magistrate on Tuesday 648, shut do%n a small mos*ue operating in =ada%atha )oad, Dehi%ala' Mos*ue Trustees %ere attempting to file a Motion against the Tigre yesterday turned do%n /y the Magistrate' $ts /elligerent diplomacy and emphatic re.ection of mounting e-idence a/out the 5inal hase of the #ar has already cost the 0o-ernment the #estern +i/eral /loc' #ill Mahinda )a.apa,sa, champion of the people of alestine, sacrifice the ,ey support of the $slamic /locE so crucial as (ri +an,a faces off %ith %orld po%ers at the &9H)C, /y plying the e"pedient path of (inhala!:uddhist hegemonic politicsF

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