An international investigation is long overdue

Editorial Tamil Guardian 03 March 2014 Illustration by Keera Ratna

As the armed conflict on the island of Sri Lanka drew to an end in May 2009, o er !0,000 "amils were massacred in what has since been acknowled#ed as #ross iolations of international law, with the Sri Lankan #o ernment o erwhelmin#ly res$onsible for the mass slau#hter% Almost fi e years since, no one has been brou#ht to account, o er &'0,000 "amils remain unaccounted for, and the re$ression of "amils who remain in the (orth) *ast, now li in# under effecti e military occu$ation by a irtually ethnically $ure Sinhala military, is intensifyin#% (o sooner did the fi#htin# cease in 2009, than did "amils, alon# with international (+,s, be#in callin# for an international inde$endent in esti#ation% Sri Lanka cannot in esti#ate itselfthe alle#ations are too #ra e, and the state.s record on $ro idin# /ustice to the "amils too abysmal for any internal in0uiry% Indeed, as the 1i#h 2ommissioner for 1uman Ri#hts (a i 3illay noted in her re$ort released last month, the Sri Lankan #o ernment has failed to credibly in esti#ate any alle#ations% As the 24th session of the 5( 1uman Ri#hts 2ouncil commences in +ene a today, lookin# set to see the third Sri Lanka)s$ecific resolution in as many years, meanin#ful international action towards /ustice and accountability is yet to be seen, whilst im$unity catalyses on)#oin#

abuses% A resolution callin# for an international commission of in0uiry is lon# o erdue% Sri Lanka, as it has $ersistently sou#ht to do, will attem$t to block any a enues to /ustice for the "amil $eo$le% Its cries of .forei#n interference. and .im$erialism., to#ether with its liaisons with e0ually unscru$ulous states, are disin#enuous efforts to stall concerted international action% It is the "amil $eo$le, abroad and at home, that ha e led the calls for an inde$endent, international in esti#ation, ar#uin# that what took $lace in 2009 and what continues to unfold in the "amil homeland of the (orth) *ast, is a #enocide% "his was the resoundin# mandate #i en by the "amil $eo$le to the "(A durin# their landslide $ro incial council election ictory last year and was duly reflected by the 2ouncil.s $assin# of a resolution callin# for $recisely that% It is also the unanimous call by "amil $oliticians, acti ists and ci il society in the (orth)*ast and the world o er% As the session be#ins today, there is no doubt that the "amil $eo$le, to#ether with "amil oices in "amil (adu in India, international (+,s, and an increasin# number of member states, want to see #enuine accountability throu#h an international in esti#ation% "he o erwhelmin# and ehement re/ection of any such resolution by Sinhala $olity, media, /udiciary and the wider $ublic hi#hli#hts the dee$enin# ethnic $olarisation takin# $lace on the island% Indeed, in recent weeks, it is $lainly e ident that "amil unity on the need for a resolution callin# for an international in esti#ation, is well matched by Sinhala unity on a re/ection of it% 6hilst "amils debate how to make such a call stron#er, includin# lookin# into the crime of #enocide and increasin# the mandate for international inter ention in order to $ro ide immediate relief to "amils in the (orth)*ast, the $re ailin# Sinhala discourse is on how best to deflect, stall or weaken any in esti#ation, with #o ernment and o$$osition $arties $uttin# aside their differences to work to#ether on this common #oal of safe#uardin# the state from forei#n scrutiny% "his dee$enin# di ide underscores why nothin# short of an international, and therefore truly inde$endent $rocess will be able to satiate the desire for accountability and /ustice, which is central to any future $eace or stability on the island% It is worth reflectin#, that in this fifth year of .$eace., as states look to draft and a#ree on the details of a resolution this session, re$orts of intimidation, se7ual iolence, abductions and killin#s of "amils by the Sri Lankan military remain the order of the day% "amil resentment at this is risin#% 8efyin# #o ernment threats and intimidation, "amils in the (orth)*ast, ha e been ociferous in their call for international action, and in their condemnation of

what they deem is the Sri Lankan state.s on)#oin# #enocidal acti ities throu#h coerci e birth control and militarised colonisation of "amil lands% 9ust last month, the (orthern 3ro incial 2ouncil $assed a resolution condemnin# the on#oin# ethnic reconfi#uration of the (orth)*ast% :et the state.s machinery continues with its onslau#ht on the "amil $eo$le% 6ithout decisi e international action, Sri Lanka;s crisis will dee$en and intensify, and as the International 2risis +rou$ <I2+= concluded in its briefin# note released last week, without such action, there is a risk of renewed conflict% It is in this conte7t of mass atrocities, im$unity and simmerin# crisis on the island, that the 5(1R2 member states will meet o er the ne7t four weeks to discuss what to do with Sri Lanka% 1a in# established in the international arena that Sri Lankan #o ernment has $ro ed itself unwillin# to credibly in esti#ate the alle#ations, most recently throu#h the 1i#h 2ommissioner.s re$ort, there can be no com$romisin# on the mechanism of international in0uiry needed to ensure accountability and deli ery of /ustice% "here is no #rey when accountin# for mass atrocities on this scale% 9ustice is either $ursued and deli ered in its entirety, or it has not been sou#ht at all, and im$unity is left to rei#n su$reme% Anythin# short of a robust international mechanism with a mandate to enforce, im$ose and carry out an in esti#ation into crimes that occurred durin# the armed conflict as well as crimes that continue to take $lace today, and ultimately deli er concrete a enues of /ustice based on its findin#s, is a #reen li#ht to the Sri Lankan state to continue rollin# out Sinhala he#emony across the "amil territory% A resolution, inclusi e of the establishment of a 2ommission of In0uiry is a crucial ste$, not only in ad ancin# accountability, but also in restorin# in "amils. much worn faith that the international community can ensure and safe#uard a /ust and $eaceful future for them% Posted by Thavam