Issues of Truth and Accountability: A

Private Sector Perspective

by Chandra Jayaratne
- on 08/0/!0"#
The $Third %arrative& revie'ed at the
Collo(uiu) presents an alternative narrative* of the events of the last
sta+es of the 'ar* and has been developed as a response to the ,%-.C
resolution of !0"#/ This is in the 'a0e of the purported con1ictin+ and
contradictory accounts of the last sta+es of the 'ar in Sri 2an0a/ These
varyin+ accounts have co)e fro) the 3efense Authorities/ Ar)y and the
4overn)ent of Sri 2an0a* I-%456s* ,niversity Teachers for -u)an .i+hts*
Acade)ics* 3ocu)entaries* 7il) Clips and Publications by Individuals* e8-
Soldiers and Co)batants* 3iaspora 4roups* Civil Society 4roups* Activists
and Collectives in and 5utside Sri 2an0a and presentations by the
International Co))unity* the ,% Secretary 4eneral6s panel of e8perts* and
the 22.C/
This presentation is )ade follo'in+ an ob9ective analysis loo0in+ for'ard at
the socio econo)ic conse(uences to 1o' fro) the processes no' in
pro+ress/It is based on a private sector perspective/ It has the sole
focus of reali:in+ the co))on future +oals hopefully shared by all of the
alternative vie' presenters/ It further ai)s to assure that the truth and
reconciliation 'ill e)er+e* alon+ 'ith 9ustice* e(uity* fairness* upholdin+ the
le+iti)ate interests of all victi)s* the decesed and other local actors
includin+ the soldiers 'ho sacri;ced their lives and li)b in the process of
the )ilitary operations/ It is also developed 'ith an ai) to restore the lives
and livelihoods of those 'ho su<ered on both sides of the 'ar theatre and
lead to peace* reconciliation* reparation* restoration lives and livelihoods
and alleviate the +rievances of those innocent victi)s and allo' loved ones
to co)e to ter)s and closure 'ith their dead* )issin+ and disappeared
fa)ily )e)bers and friends/
The end goal is to ensure sustainable growth and prosperity of the
nation and its people, with peace, harmony, good international
relations and socio-economic development, equitably beneftting
all citizens. This goal has resonance with the private sectors
primary core value of placing the interests of the nation and its
people frst.
The current path and actions of the 4overn)ent in addressin+ the
international challen+es it faces on the accountability for the last sta+es of
the 'ar and its co))it)ents / obli+ations in ter)s of international hu)an
ri+hts and hu)anitarian la's* appears to be ini)ical to the aforesaid core
interests and values/ These actions appear to be based on an a++ressive*
arro+ant and self ri+hteous stance that i+nores the co))itted to
obli+ations and desired forei+n policy fra)e'or0 for e<ective international
relations in the +lobali:ed 'orld 'e live in today/
,% -.C process led international in(uiry is also unli0ely to support the
co))on and end +oals outlined earlier fully and in a ti)ely )anner/ The
victi)s and i)pacted fa)ilies are unli0ely to receive direct bene;ts fro)
such a process in the short to )ediu) ter)/ Justice for the victi)s by 'ay
of restorative 9ustice or retributive 9ustice cannot also be e8pected delivered
in the short to )ediu) ter)/
=ith the Sri 2an0a +overn)ent6s stand of i+norin+ the ,% -.C .esolution of
!0"# and ta0in+ no part in the in(uiry initiated by the 5>ce of the ,% -i+h
Co))issioner for -u)an .i+hts* and in fact not allo'in+ the in(uiry panel
even to visit Sri 2an0a and further appealin+ to other nations to follo' suit
'ill lead to an acri)onious situation to the ulti)ate detri)ent of the nation
and its people/
The ,% In(uiry panel 'ill* irrespective of the stand of the 4overn)ent of Sri
2an0a* continue 'ith its tas0s and have planned to receive sub)issions*
hear and +ather evidence in desi+nated countries/ The In(uiry tea) 'ill
en+a+e in this tas0* under the +uidance of the panel of international
advisors reco+ni:ed +lobally for their e8pertise and inte+rity/ ,%-.C tea)
'ill provide an oral brief to the ,% -.C durin+ the Septe)ber session and
sub)it its ;nal report to the ?arch session of the ,%-.C in !0"@/ Thus it
'ill be an e8parte in(uiry* 'here Sri 2an0a has forfeited an opportunity to
present* its voice and advocacy* alon+ 'ith the presentation of any
available contradictory evidence/ Thus the presentations of the 4overn)ent
and the ar)ed services 'ill not be )ade available to the in(uiry panel* in
order to clarify* defend and raise ob9ections to the evidence and
sub)issions before the panel/ The opposin+ vie's* evidence and ne+ative
presentations by other interested parties 'ill )ost li0ely be received by the
panel* irrespective of the stand of the 4overn)ent of Sri 2an0a/ The in(uiry
process 'ill docu)ent these and 'ill +uide the outco)es of the in(uiry/
Such evidence 'ill re)ain available for access in the years to co)e* alon+
'ith the ;nal report to be presented in ?arch !0"@/
In the event the ;nal report of the panel is ini)ical to the lon+ ter)
interests of Sri 2an0a* Sri 2an0a6s international i)a+e and international
relations 'ill be ne+atively i)pacted/ In addition the nation and the people
)ay also be ne+atively i)pacted* alon+ 'ith any na)ed parties a+ainst
'ho) the in(uiry ;ndin+s and strictures are )ade and classi;ed as parties
accused of violation of international la' and +uilty of o<ences and cri)es
a+ainst hu)anity/
In such an eventuality the private sector assesses that the under noted
econo)ic ris0s )ay crystalli:e* )ost of the) dependent on the contents*
+ravity and the 'ei+ht of the purported evidence listed in the report* the
;ndin+s and reco))endations of ne8t steps and any su++ested punitive
)easures hi+hli+htedA
"/ Ban0s and ;nance houses )ay i)pose stipulations re(uirin+ all
docu)entary credits to be Ccon;r)ed6 by acceptable ;rst class* desi+nated
country* international ban0s 'ith +lobal credit ratin+s
!/ 3o'n +radin+ of Country ris0s and associated increases in country speci;c
ris0 pre)iu)s/ These actions 'ill i)pact on cost co)petitiveness and deter
e8pansion of i)port e8port trade transactions
/ Inclusion of $Sanctions and Boycott& clauses in insurance* loan and credit
a+ree)ents and i)port e8port trade and credit docu)entation
#/ 7orei+n Investors* and Co))ercial entities enterin+ 'ith trepidation in to
lon+ ter) trade* service and technolo+y transfer arran+e)ents and
a+ree)ents 'ith Sri 2an0an business
@/ Slo'in+ do'n of forei+n direct invest)ents* at a ti)e hi+h +ro'th tar+ets
re(uire si+ni;cant 73I 1o's* especially in the 'a0e of do)estic savin+s
bein+ inade(uate to )eet supportive invest)ent tar+ets
D/ Insecurity led slo'in+ do'n* si+ni;cant disinvest)ent and repatriation of
capital fro) securities listed in the Colo)bo Stoc0 E8chan+e
F/ International bond holders of Sri 2an0a 4overn)ent Securities G4overn)ent
Bonds and Treasury BillsH discountin+ bills in the secondary )ar0ets prior to
)aturity and repatriatin+ capital/ If a si+ni;cant portion of the +overn)ent
securities in issue at present are discounted* the forei+n reserves of the
country can be si+ni;cantly eroded and lead to forei+n currency reserves
available to support future i)ports bein+ drastically reduced/ Such an
eventuality can even lead to forei+n e8chan+e restrictions bein+ i)posed to
avert a potential balance of pay)ents crisis/
8/ If the ,%-.C report 'ere to )a0e speci;c ne+ative references and raise
valid char+es accusin+ the state and / or hi+h o>cials of continuin+ post
'ar ethno reli+ious persecution* discri)ination and tar+etin+ of )inorities*
Gespecially the ?usli) Co))unityH* it )ay tri++er a slo'in+ do'n of
e)ploy)ent opportunities for Sri 2an0an e8patriates in ?iddle Eastern
Countries and even +ive rise to 0ey trade e)bar+os and boycotts/ These
actions 'ill si+ni;cantly i)pact on the balance of trade and balance of
pay)ents of the country/
I/ If char+es of +enocide* 'ar cri)es* cri)es a+ainst hu)anity and continuin+
persecution of )inorities are raised in the report and accusations are
leveled a+ainst leaders in +overnance and the ar)ed services* 3iaspora
+roups and other parties* especially those belli+erent +roups in South India*
E,* ,SA* Canada* Britain* Australia and so)e )iddle eastern countries* G ie/
those 'ho have led the voices of advocacy and even le+al challen+es
a+ainst the 4overn)entH 'ho are a+ainst the actions of the authorities*
)ay launch e<ective advertisin+ and pro)otional ca)pai+ns in 0ey e8port
destinations* callin+ for the boycott of i)ports and services Sri 2an0a and
travel to the Country/ These ca)pai+ns )ay be si)ilar to previously seen
$Boycott +oods and services fro) blood stained nation&/ Such ca)pai+ns*
'here successfully i)ple)ented* could have disastrous econo)ic
conse(uences/ Such ca)pai+ns and boycott actions can slo' do'n the
+ro'th of touris)* tea* apparel* +e)sJ 9e'elry* spices* ITC* entrepot and
shippin+/aviation sectors of Sri 2an0a/
"0/As a conse(uence of I above the ;nancial )edia* ris0
assessors/)ana+ers* analysts and ratin+ a+encies )ay i)pose a)ber
si+nals in their co))unications and reports dealin+ 'ith Sri 2an0a
""/As a conse(uence of I above* trade cha)bers* shippin+/aviation*
transportation and lo+istics support service entities and custo)s*
(uarantine* inspection and (uality control entities in i)port / e8port
destinations* )ay discri)inate* slo' do'n* i)pose added conditions and
even boycott services support* so essential for e<ective trade and services
transactions/
"!/If A)erican and European Ban0s* ;nance houses and +lobal insurers/re-
insurers do'n +rade the country ris0s and 9oin even in a )ar+inal 'ay in
supportin+ the call of opposin+ parties as stated in I above* this could have
disastrous conse(uences for trade and services credit* docu)entation*
pay)ents and settle)ents/
"/=ith a )a9ority of Sri 2an0a6s trade transactions bein+ channeled throu+h
,S based Clearin+ Ban0s and transacted in dollars* ant slo'in+ do'n*
boycotts and added conditionality by such Ban0s 'ill have si+ni;cantly
ne+ative i)pact on business/
"#/As a conse(uence of I above* visas and travel restrictions )ay be i)posed
not only on those accused persons* but also on trade dele+ations and
business persons visitin+ Sri 2an0a as 'ell as overseas/
"@/There )ay even be the i)position of bi-lateral country sanctions and
boycotts
"D/The P. i)a+e of Sri 2an0a as a destination for trade* co))erce* services*
invest)ent and travel could be tarnished* 'ith lon+ ter) adverse
conse(uences and possibly lead to classi;cation of Sri 2an0a )ar+inally
above so)e of the failed states* in invest)ent* trade and travel friendly
states listin+ international indices/
=ith such ris0s as those listed above* loo)in+ overhead in the e8ternal
environ)ent is it the ti)e today toA
"/ Ta0e the position that the ,% -C. has neither )andate nor a )oral ri+ht to
investi+ate the hu)an ri+hts issues of the last sta+es of the 'arK
!/ I+nore and boycott 'ith arro+ance and articulated acri)onious state)ents*
the ,% -.C process* already initiated and proceedin+ for tar+eted
co)pletion
/ %ot defend the Country and the Ar)ed Services by e<ective diplo)acy*
advocacy and raisin+ valid ob9ections to unacceptable evidence and
sub)issions before the panel
#/ By 'ords spo0en and by actions ta0en deny /discoura+e access to the panel
and not allo' the) entry to Sri 2an0a* 'hich )ay further +ive rise to
ne+ative perceptions
@/ Ar+ue that the ,% -.C process is ille+al and canvass international support
to deny access and space for the panel to operate in other countries
D/ Ar+ue about soverei+nty of Sri 2an0a bein+ violated
F/ To hi+hli+ht double standards of those leadin+ and supportin+ the ,% -.C
Process
8/ To allo' an e8parte trial* listin+ of unchallen+ed evidence and publication of
an uncontested report
I/ To re)ain silent on (uestions as to 'hy so)e 2TTE leaders are entertained
in hi+h political posts and +iven freedo) 'ith protection and unhindered
access
"0/3eny to fa)ily )e)bers open access to records* centres of detention and
infor)ation on processes to con;r) the dead and ;nd the disappeared
""/To not e<ectively support the process of resettle)ent of ?usli)s 'ho
'ere chased out by the 2TTE )any years a+o* and
"!/To place restrictions on free access to reli+ious sites* and ce)eteries but
allo' ne' reli+ious and sacred sites to be established for the )a9ority
co))unity
"/To i+nore the char+es of not speedily supportin+ processes for reparation*
restoration of assets* +old* 9e'elry and ban0 holdin+s of fa)ilies ta0en over
by the 2TTE and later recovered by the Ar)ed services and the State
"#/To not support the processes for e<ective closure by those 'ith fa)ily
)e)bers +rievin+ over dead* and disappeared
"@/To not to provide for truth and 9ustice to be facilitated to the satisfaction of
the i)pacted fa)ilies
"D/To not provide for psycho social support and lon+ ter) care for the 'ar
in9ured and persons 'ith shrapnel yet i)planted in their bodies
"F/To not address the purported alle+ations of land +rabs* e8pandin+ hi+h
security :ones* )ilitari:ation* civilian ad)inistration bein+ dissolved and
replaced by )ilitary ad)inistration* and
"8/To i+nore char+es of failure to provide essential resettle)ent options for
the displaced* and i+nore the need for establishin+ livelihood options*
housin+ * 'ater and sanitation for 'ar i)pacted fa)ilies
"I/To delay the i)ple)entation of an e<ective po'er devolution process in
the %orth
!0/To fail to en+a+e in resolvin+ the ethnic crisis by classifyin+ the con1ict as
terroris) or a lan+ua+e issue
!"/To not e<ectively en+a+e 'ith the political +roups that have +ained due
reco+nition follo'in+ an election in the %orthern Province
!!/To not have in place an e<ective lon+ ter) pro+ra))es for invest)ent
and e)ploy)ent +eneration* and
!/To not have in place an e<ective process for rapid restoration of education*
trainin+ and e)po'er)ent* health and in dealin+ 'ith 'o)en6s issues*
especially of 'ar 'ido's and sin+le 'o)en headed households
!#/To not have in place an e<ective process for repatriation bac0 to Sri 2an0a
of those livin+ in ca)ps in India and displaced persons in other parts of the
island 'antin+ to return to the %orth
!@/7ailure to e<ectively and co)prehensively deal 'ith issues raised by the
22.C to be addressed by speci;c independent investi+ations as 'ell as its
+eneral and speci;c other reco))endations
!D/The need to address so)e of the truth and 9ustice issues raised by the civil
society activists and or+ani:ations* includin+ issues connected 'ith e8tra
9udicial 0illin+s* rule of la' failures* continuin+ post 'ar ethno reli+ious hate
speech* incidents tar+etin+ se+)ents of society and )inorities* so)e of
'hich are openly created by identi;ed )e)bers of society* 'ho freely
participate in such actions 'ith i)punity/
!F/To en+a+e the Services of professional P. ;r)s at si+ni;cant costs to
canvas and in1uence opinion leaders /decision )a0ers* 'hilst i+norin+ the
need to actively participate in the international in(uiry process
7urther is this the ti)e for an $Alternative %arrative& fro) hi+h Intellectual
Civil Society 4roupsA
"/ =here the con1ictin+ and contradictory previous narratives are hi+hli+hted
!/ =here the unfortunate and unacceptable procedures drivin+ the previous
narratives are hi+hli+hted
/ To de;ne an acceptable de;nition of a CCo)batant6* a CTerrorist6* a
CCivilian6* C civilian population6* Cta0e direct part in hostilities6 and a C%o 7ire
Lone6 in en+a+in+ in the nu)ber +a)e
#/ To ar+ue on the nu)bers dead or disappeared in the 'ar a+ainst terror* the
last sta+es of the 'ar* once the surrender process co))enced and after
the 'ar e<ectively ended 'ith the deci)ation of the 2TTE Terrorists
@/ To re1ect ho' the international co))unity had not at any sta+e contested
the strate+y leadin+ to the operation to defeat the 2TTE and to liberate the
land and ad)inistration ille+ally ta0en over by the 2TTE/
D/ To hi+hli+ht ho' the international co))unity re)ained silent in the 'a0e of
the eastern province liberation 'ar* Gie after ?avil AruH and even provided
thereafter tactical and intelli+ence support and even at ti)es access to
necessary )ilitary infrastructure and thereafter post the co)pletion of the
'ar* chan+e their attitudes on the last sta+es of the 'ar/
F/ To point out the serious 1a's* the validity of the evidence and )aterial
used to support the ;ndin+s in the ,% panel of E8perts and IPEC reports/
8/ To challen+e the vie's opposin+ the validity of the ob9ectives/planned
intent of the +overn)ent and ar)ed services in conductin+ operations in
the %orthern theatre in the last sta+es 'ith the intent of rescuin+ the
civilian hosta+es* fou+ht on the lines of a hu)anitarian operation * and
classify it not as a rescue operation ai)ed at )ini)i:in+ civilian casualties*
I/ To (uestion the role of the %456s 'ho operated in the %orthern front and
hi+hli+ht that evidence dictates that in fact they aided the 2TTE and )ade
available tactical )aterial and support to the) in 'a+in+ 'ar*
"0/To (uestion the )ethodolo+y of deter)inin+ and the speci;c nu)bers of
dead and disappeared civilian Gcasualties in e8cess of #0*000H/
""/-i+hli+ht the failure to reco+ni:e the conditions created by the 2TTE in the
last sta+es of the 'ar* that led to the outco)es and call to e8a)ine the 'ar
cri)es created by the 2TTE
"!/To (uestion the validity of char+es of indiscri)inate and e8cessive
bo)bin+ and tar+etin+ of hospitals and no ;re :ones* 'ithout trac0in+ the
ori+ins of and sources of intentional acts of the 2TTE that preceded and
necessitated such action
13. To char+e that the panels of under valuin+ the bene;cial role of the ar)ed
forces in rescuin+ civilians* receivin+ I3P6s and surrenderin+ co)batants
and hu)ane treat)ent and rehabilitation e<orts that follo'ed
"#/-i+hli+ht that the 22.C did not ;nd valid the alle+ations of lar+e scale
torture rape and se8ual violence
"@/Stress that the P5E report as bein+ a prosecutors brief on 'ar cri)es of
the 4overn)ent and ar)ed services
"D/Contest the evidence connected 'ith the alle+ation of intentional denial of
food and )edicines to civilians trapped in $ene)y Territory&
"F/Point out the failure of the panels to reco+ni:e ho' the 'ar 'as fou+ht by
the 2TTE* the atrocities and accountability of the 2TTE * the accountability of
the International Co))unity * ,% and its a+encies
"8/Point out the inade(uacy of a +enuine and credible process of assess)ents
to deter)ine the proportionality of the 4overn)ent6s )ilitary action
"I/Point out the failure to +ive due e)phasis to the 2TTE actions in preventin+
civilians fro) leavin+ the con1ict :ones 'ith the creation of no ;re :ones
!0/Canvass the need for chan+es in I-2* I-.2 and .!P doctrine in the face of
tactics and strate+ies adopted by the 2TTE
By turnin+ to 'hat the Buddha tau+ht and the E)peror Aso0a6s Edicts* is
the strate+y of the State and Civil Society in line 'ith 'hat the Thatha+atha
preached and 'hat ancient e)perors practiced* especiallyA
1. %ahi Merani Merani& as articulated by Sri 2an0a post =orld =ar ii-$ -atreds
never cease throu+h hatred in this 'orldA throu+h love alone they cease/
This is an eternal la'
!/ 3a))apada Merse !!A Con(uer an+er 'ith love* Con(uer evil 'ith +ood*
Con(uer stin+iness 'ith +ivin+ and con(uer lies 'ith the truth/
/ In the 'a0e of the en)ity bet'een the Sa0hya and Nholi over river 'ater
sharin+* the Buddha preached $Malue life )ore than =ater& and placed a
)essa+e that loo0in+ beyond the pro8i)ate cause and i))ediate
challen+es and loo0in+ for the cause of the con1ict and focusin+ on the
bi++er picture 'ill brin+ lastin+ bene;cial results/
In the 'a0e of above and the current strate+ies not deliverin+ the desired
ob9ectives and end +oals * can a ne' path and a strate+y be charted by
leaders of society carin+ for the sustainable future of this nation and
people* )ove for'ard to actively canvass and see0 +lobal leaders li0e the
3alai 2a)a* 3es)ond Tutu* %obel laureate A)arthya Sen and Abdul Nala)
alon+ 'ith Justice =eera)antry to brin+ to+ether all sta0eholder* victi)s*
co)plainants* representatives of 3iaspora* %45/I-%45 representatives* ,%/
,%-.C and the )ediate over +rievances* accountability issues *
reconciliation options* restorative/retributive 9ustice processes re(uired and
a+ree a co))on non acri)onious processes and ;nd an alternative path to
assure 'hat 'as articulated as ob9ectives at the be+innin+ of this paper/
Posted by Thavam