http://www.sundayobserver.lk/2012/03/04/fea03.asp


Role of the UNHRC - Crossing the limits:
We shall overcome the turbulent waves generated by vested interests
By Dr. Telli Rajarathnam
The bombing of the Sacred
tooth relic - Dalada Maligawa
Let us remain calm. Let us present our submissions factually with evidence.
Let us not be perturbed by emotions. Let us think before we speak, write or act.
Let our voice be united, sober and dignified. Let us be loyal and diligent. Let
us uphold the norms of the Constitution and thereby defend the Head of State who
is the Commander in Chief of the Armed Forces by virtue of the Constitution and
owe allegiance as citizens of this beautiful isle which has been the subject of
controversy
We shall overcome. We shall overcome. We shall overcome the turbulent waves
articulated by vested interests. Sri Lanka will be the ultimate tourist
destination. We have all four seasons throughout the year in various parts of
the country. This is a chosen land.
UNHRC
The Human Rights Council is an inter-governmental body within the United
Nations system responsible for strengthening the promotion and protection of
human rights around the globe and for addressing situations of human rights
violations and make recommendations on them.
It has the ability to discuss all thematic human rights issues and situations
that require its attention throughout the year. It meets at the UN Office at
Geneva.
The Council is made up of 47 United Nations Member States which are elected
by the UN General Assembly. The Human Rights Council replaced the former United
Nations Commission on Human Rights.
Victims of LTTE terrorism: Indian Prime
Minister Rajiv Gandhi, Lakshman Kadirgamar, Dr.Neelan Tiruchelvam, Gamini
Dissanayake, Jeyaraj Fernandopulle, President Premadasa.
Creation
The Council was created by the United Nations General Assembly on 15 March
2006 by resolution 60/251. Its first session took place from June 19 to 30,
2006. One year later, the Council adopted its “Institution-building package” to
guide its work and set up its procedures and mechanisms.
Among them were the Universal Periodic Review mechanism which serves to
assess the human rights situations in all United Nations Member States, the
Advisory Committee which serves as the Council’s “think tank” providing it with
expertise and advice on thematic human rights issues and the Complaint Procedure
which allows individuals and organisations to bring human rights violations to
the attention of the Council.
The Human Rights Council also works with the UN Special Procedures
established by the former Commission on Human Rights and now assumed by the
Council.
These are made up of special rapporteurs, special representatives,
independent experts and working groups that monitor, examine, advise and
publicly report on thematic issues or human rights situations in specific
countries.
The current trends in international affairs relating to Sri Lanka is not
against terrorism but how the world look at us owing to the accusations made
against us by vested interests and whether we have overcome the difficulties and
convinced the world that we were justified in doing what we had to do by
eradicating terrorism.
We must take effective measures to safeguard the legitimate rights and
interests of the developing nations and work towards a new international
political and economic order that is fair and rational. First, it is imperative
to promote democracy in international relations.
To respect the sovereignty, territorial integrity and political independence
of all countries and resolve internal conflicts. The affairs of each and every
country should be left to its own people to decide. Global challenges should be
tackled through international cooperation and co-ordination.
All countries should foster a new security concept featuring mutual trust,
mutual benefit, equality and cooperation and fully respect the diversity of
world civilisations, and should seek consensus through dialogue, co-operation
through consultation and development through exchanges.
It is imperative to work towards stability and development of the developing
nations. World peace hinges on stability of the developing nations, and global
prosperity rests, on growth of the developing nations. Complicated as they are,
many of the issues today may have their roots found in development. Development
should be the top priority of governments of all developing nations in their
efforts to govern and build up their countries. It is imperative to ensure a
full play of the UN’s important role in international affairs. As the most
important inter-governmental organisation in the world today, which represents
the fundamental interests of all member countries and the aspirations of all
peoples in the world, the United Nations has a lot to do and accomplish under
the new situation.
Therefore, it is our common responsibility and is in everyone’s vital
interests to strengthen its role, safeguard its authority, increase its
efficiency and promote its reform.
One of the magnificent achievements of the UN has been the transformation
that has taken place in global opinion on the relationship that should obtain
between the governing and the governed, between the government and the citizen.
It was on the basis of the moral authority of the General Assembly’s
Universal Declaration of Human Rights and the determined endeavours of the
Commission on Human Rights, that this transformation was achieved. The dignity
of the individual has now, largely as a result of United Nations leadership in
the field of human rights, been placed, as it should be, amongst the primary
priorities of national and international attention.
The Universal Declaration on Human Rights is not limited in scope to ensuring
the observance of human rights by Governments alone.
The LTTE violated every norm of Human Rights. The Government protected the
rights of the people and it was in the process of this humanitarian operation
that accidentally there were victims.
The Declaration has a far wider purpose: the observance of human rights by
all governmental and non-governmental alike.
Article 3 of the Universal Declaration, which requires that everyone has the
right to life; and the provisions of article 30 of the Declaration prescribes
that: “Nothing in this Declaration may be interpreted as implying for any State,
group or person any right to engage in any activity or to perform any act aimed
at the destruction of any of the rights and freedoms set forth herein”.
An act of terrorism by a non-governmental entity against civilians is surely
a violation of the human rights of its victims and, surely, a crime against
humanity as well.
We know the horrific consequences of terrorism: the horror; the thousands of
unsuspecting innocent lives lost or maimed, the thousands of families then left
to grieve; the countless personal tragedies that terrorism leaves.
The horrors of Terrorism has devastated the country and have cast a heavy
burden on successive Governments and the Nation including all of us and on
humanity as a whole. There are also the larger disruptions of national stability
and order as well: of the economy and the customary ways of life.
We remember the bombing of the Central Bank, the adjacent Buildings, the
Temple of the Tooth Relic and other Temples, the buses and trains in Sri Lanka
where numerous people of all communities were killed, injured, the numerous
innocent civilians who were killed and each of us would have a story to tell
about the injuries sustained or the deaths of our loved ones.
The assassination of President Premadasa, Indian Prime Minister Rajiv Gandhi,
Presidential Candidate Gamini Dissanayake, Cabinet Minister Jeyaraj
Fernandopulle, Dr.Neelan Tiruchelvam and Foreign Minister Lakshman Kadirgamar,
the bombing of the Central Bank, the bombing of the Airbase in Anuradhapura, the
bombing of the Sacred tooth relic-Dalada Maligawa, Arantalawa massacre, are SOME
AMONGST THOUSANDS OF VICTIMS OF THE LTTE.
However, during the 30 years of Tamil Terrorism not one Tamil Terrorist
Leader was killed by the Terrorists. This reveals that there was conspiracy
between the Eelam Militant Groups who conveniently registered their
organisations in the same name of their militant Groups as Political Parties but
recent history and present observation reveals to us they never changed their
attitudes.
They convinced those around them that they hated the LTTE and even had
suicide cadres to display attempted assassinations. All Tamil Militants have
terrorised their own people. They never changed – They earned money and still
are marketing the ultimate objectives of Terrorism by slandering the Government.
We will always be affected by the memories of the damage caused by the
Terrorists- we shall carry with us for as long as we live.
The Terrorism of the eleventh of September, in the USA gave rise to a
“coming-together” of the people, in the finest traditions of humanity.
On the twelfth of September, the Security Council and the General Assembly
convened to express: their collective condolences; an unqualified condemnation
of the terrorism: a determination that those responsible should not go
unpunished; and firm concurrence that terrorism threatened the foundations of
human society and order and would need to be, and must be, globally removed.
Saved the Tamils
We have to revive and resuscitate the morale of the people affected by the
war, and their relatives all over. President Mahinda Rajapaksa has done more
than the UNHRC towards the people of Sri Lanka. The UNHRC assisted the
Government with the IDP’s and has no jurisdiction to question the Government.
So, instead of talking about the unfortunate dead, let us help the people who
are in the process of being settled. Let us get together and support them. The
Government is doing everything possible to help them. Let us hope that such a
deep sense of the “togetherness” of all of humanity will continue to be
pervasive.
Terrorism is, sadly, very familiar to Sri Lanka. We, in Sri Lanka know
terrorism, unfortunately, only too well. We have shown that we could eradicate
it but the process is not over. Have we eradicated Terrorism or the LTTE? Were
all these terrorist activities carried out by the LTTE alone or was there a
conspiracy between the other Tamil militant groups who pay lip service to
democracy? The US State Department Report on Human Rights 2008 suggests that a
great number of Tamil militants in Colombo and beyond have been responsible for
abductions, extortions and murders. This has been endorsed by the LLRC Report.
Lakshman Kadirgamar is remembered to have said “A criminal organisation –
whether involved in rebellion against a State or not – must depend for its
sustenance outside the law. For its massive operations and massive weaponry,
massive collections of funds are continually required. As funds available for
criminal activities within a State, especially a developing State, are
inevitably small, and the monitoring of their collection and disbursement
relatively simple, fund collection for such activities is carried out abroad –
through international criminal networks, of course – and also, as in all
criminal enterprises, through knowing or unknowing front organisations or other
entities that now proliferate in many forms, in many countries – often in the
guise, sadly, of charitable groups or groups ostensibly concerned with human
rights, ethnic, cultural or social matters….. The many disparate forces for
international terrorism do not come together in one monolithic whole. They are
variously interconnected in numerous ways and their international networks are
extensive.
They are mutually supportive and communicate through the global underworld of
crime when special missions are afoot. If international terrorism is to be ever
removed from our midst, we must begin with the recognition that international
terrorism is a form of global criminality.
We must not let ourselves be deceived by the artfully crafted cloaks of false
pretensions. It is the method of terrorism as in the murder of innocent
civilians and the defiance of the sanctity of life – that defines terrorism.”
We should therefore not be surprised that allegations of civilian casualty in
the present times generates from certain corporate interests involved in
international terrorism and their complex trade beneficiaries.
President Mahinda Rajapaksa, as the Commander in Chief of the Armed Forces
took a patriotic and bold decision as he is morally and legally bound to protect
the nation from all forms of terror. Military intervention was a necessity in
the interests of the nation.
Rohitha Bogollagama who functioned as the Foreign Minister during the war
went through great pains to prevent the international community from interfering
with the war and it was then that President Mahinda Rajapaksa was able to direct
the Army to go ahead with their assertive, offensive and defensive action which
led to the victory over the LTTE. We have from time to time seen the invitations
extended to former terrorists to join the democratic scheme but recent history
reveals that they have not changed at all.
Instead they have been allowed to legalise their Militant Terrorist Groups as
legitimate Political Parties and they enjoy continuing their criminal activities
with ease enjoying the perks of a democratic society as a democratic party with
State protection which undermines the very norms of democracy.
Over thirty years or more we have not been able to solve this problem. We
require a balance between the need to achieve a military victory and the needs
of humanity. In this sense, necessity has been viewed as a limitation to
unbridled barbarity.
The application of the doctrine of military necessity makes use of the
principle of proportionality as a mechanism for determining the positioning of a
fulcrum between these competing poles.
Using proportionality thus gives effect to the recognition that the choice of
methods and means of conducting war or armed conflict are not unlimited.
The means and methods of conducting war operate to achieve a particular
military objective, which consequently assists in achieving a larger political
objective.
While necessity might determine the legitimacy of the armed attack,
proportionality determines the amount of force that might be used. In a sense,
necessity operates at a macro level, while international humanitarian law
operates at a micro level, though both might lie on the same continuum given the
difficulties in the transition.
This difficulty is most apparent when the principles of necessity and
proportionality have been incorporated into conventional international law,
particularly international humanitarian conventions.
The development of these conventions and the application of these principles
require some consideration if one is to arrive at an understanding of their
application in a modern armed conflict. The distinction in the Sri Lanka
situation is that it is within our territory.
Military necessity has been described as “a basic principle of the law of
war, so basic, indeed, that without it there could be no law of war at all.” the
acceptance that, while the object of warfare is to achieve the submission of the
enemy, which may require the disabling of as many enemy combatants as possible,
this should only be achieved in a manner that does not cause any unnecessary
suffering or damage. This limitation to the means of waging war is not, however,
necessarily humanitarian in nature, and much of the early restraints were based
on economic, political, and military considerations.
However, the need for a balance between the considerations of humanity and
the military actions necessary to win a war is regarded as defining the very
nature of international humanitarian law, making military necessity a central
principle in this balance.
Military necessity admits of all direct destruction of life or limb of armed
enemies, and of other persons whose destruction is incidentally unavoidable in
the armed contests of the war; it allows of the capturing of every armed enemy,
and every enemy of importance or of peculiar danger to the captor; it allows of
all destruction of property, and obstruction of the ways and channels of
traffic, travel, or communication, and of all withholding of sustenance or means
of life from the enemy;
The ‘principle of distinction’ is fundamental to humanitarian law, but its
precise content varies according to the kind of conflict. In national liberation
struggles — and international armed conflicts — the distinction is between
‘civilians’ and ‘combatants.’ Combatants have no right to life under
humanitarian law. Every individual is classified as either a combatant or as a
kind of protected person, such as a prisoner of war (a captured combatant) or a
civilian.
An individual’s rights change when his classification changes.
A civilian has the right not to be targeted for attack and the right to
receive some protection from attack. If the civilian joins the armed militants,
he exchanges the rights of a civilian for the rights of a combatant. A combatant
has the right to take part in hostilities.
We look for diplomacy. But there is no diplomacy with some of those opposed
to us. We do not consider them opponents but they oppose every conceivable move
we make to develop the country.
Sometimes, there is no compromise with such people, no meeting of minds – no
point of understanding – so we would have a just choice -defeat it or be
defeated by it. This is where there was a necessity for military intervention.
We learnt that however much we strive for peace, we need a strong defence
capability where a peaceful approach fails. Whatever the dangers of the action
we take, the dangers of inaction are far greater.
Laws will have to be changed not to deny the basic liberties but to prevent
their abuse and protect the most basic liberty of all – freedom from terror. The
people are terrorised by certain vested interests in their vile pursuits for
power committing crimes and targeting a reflex scenario as if the Government was
responsible.
We are a community of people, whose self-interest and mutual interest at
crucial points merge and that it is through a sense of justice that community is
born and nurtured. This is the moment to bring the faiths closer together in
understanding of our common values and heritage a source of unity and strength.
We must not permit a contaminated moral environment. Let us not negotiate out
of fear, but let us never fear to negotiate. We cannot restore peace unless we
can find some way to bring the nation close together. We must be Patriotic.
We must uphold and defend the Constitution and the Head of State-the
President. We owe allegiance to the President and the Constitution as Citizens
of Sri Lanka.
We must uphold the norms of the Constitution apprehend and prosecute those
who terrorise us by their actions and threats, then economic prosperity will
follow suit. Our destiny lies in our hands.
WE SHALL OVERCOME
“Ye shall overcome if ye faint not”, derived from Galatians 6:9: “And let us
not be weary in doing good, for in due season we shall reap, if we faint not.”
It read:
The world is one great battlefieldwith forces all arrayed.If in my heart I do
not yield,I’ll overcome some day.
The Tamils in Sri Lanka were never treated like the Black people in the US.
It was the most powerful song of the 20th century. It started out in church
pews and picket lines, inspired one of the greatest freedom movements in US
history, and went on to topple governments and bring about reform all over the
world. Word for word, the short, simple lyrics of “We Shall Overcome” might be
some of the most influential words in the English language.
“We Shall Overcome” has its roots in African-American hymns from the early
20th century, and was first used as a protest song in 1945, when striking
tobacco workers in Charleston, S.C., sang it on their picket line. By the 1950s,
the song had been discovered by the young activists of the African-American
civil rights movement, and it quickly became the movement’s unofficial anthem.
Its verses were sung on protest marches and in sit-ins, through clouds of tear
gas and under rows of police batons, and it brought courage and comfort to
bruised, frightened activists as they waited in jail cells, wondering if they
would survive the night. When the long years of struggle ended and President
Lyndon Johnson vowed to fight for voting rights for all Americans, he included a
final promise: “We shall overcome.”
In the decades since, the song has circled the globe and has been embraced by
civil rights and pro-democracy movements in dozens of nations worldwide. From
Northern Ireland to Eastern Europe, from Berlin to Beijing, and from South
Africa to South America, its message of solidarity and hope has been sung in
dozens of languages, in presidential palaces and in dark prisons, and it
continues to lend its strength to all people struggling to be free.
As you listen to “We Shall Overcome,” think about the reasons it has brought
strength and support to so many people for so many years.
And remember that someone, somewhere, is singing it right now.
The writer has sung this song together with others to bring peace to Sri
Lanka and for the continuous victory of President Mahinda Rajapaksa and the
words of the song are as follows:
We shall overcome, we shall overcome We shall overcome some day
Oh, deep in my heart, I do believe We shall overcome some day The
Lord will see us through, the Lord will see us through The lord will see us
through some day Oh, deep in my heart, I do believe The Lord will see us
some day We’re on to victory, we’re on to victory We’re on to victory
some dayOh, deep in my heart, I do believe We’re on to victory some day
We’ll walk hand in hand, we’ll walk hand in hand We’ll walk hand in hand
some day Oh, deep in my heart, I do believe We’ll walk hand in hand some
day We are not afraid, we are not afraid We are not afraid today Oh,
deep in my heart, I do believe
We are not afraid today The truth shall make us free, the truth shall make
us free
The truth shall make us free some day Oh, deep in my heart, I do
believe The truth shall make us free some day We shall live in peace, we
shall live in peace We shall live in peace some day Oh, deep in my
heart, I do believe We shall live in peace some day.