Meenakshi Ganguly: Sri Lanka's War: Time for Accountability
[Meenakshi Ganguly is the South Asia researcher for Human Rights Watch.]
Sri Lanka’s authorities have failed seriously to investigate the allegations of abuses committed during the first months of 2009 - the endgame of the twenty-six-year internal armed conflict with the Liberation Tigers of Tamil Eelam (LTTE). An approach based on semi-private polite persuasion, often referred to as the “Asian way of diplomacy”, has been unable to convince President Mahinda Rajapaksa and the Colombo government to respond to widespread international concern. What now needs to be done?
The Sri Lankan military’s final defeat of the Tamil Tigers in early 2009 was messy and bloody. The insurgents who had long fought for a separate Tamil state in the north and east of Sri Lanka had already been condemned both by the international community and human-rights organisations for widespread abuses. Now, in this last period of the war, Human Rights Watch research found that both the military and the LTTE had violated international humanitarian law, including abuses amounting to war crimes (see “Sri Lanka’s hollow victory”, 20 August 2009).
The history of efforts to ensure accountability for such violations is not promising. For example, a Sri Lankan presidential commission of inquiry was established in 2006 to investigate sixteen important human-rights cases that implicated both sides); this was supplemented by an oversight body - an “International Independent Group of Eminent Persons”, headed by India’s former chief justice PN Bhagwati and including the leading Japanese professor Yozo Yokota. But the eminent-persons group quit in disappointment in March 2008, after the presidential commission was subjected to government interference; the commission failed to finish its job, and President Rajapaksa has never made public even its limited findings.
The pattern has continued in 2009-10. Soon after the war ended, Mahinda Rajapaksa signed a joint communiqué with United Nations secretary-general Ban Ki-moon. This expressed Sri Lanka’s “strongest commitment to the promotion and protection of human rights, in keeping with international human rights standards and Sri Lanka’s international obligations”, and promised that “the government will take measures” to address allegations related to violations of international humanitarian and human-rights law.” Between the lines, it was clear that the Sri Lankan government wants the international community to trust it to address accountability issues without external intervention....
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Sri Lanka’s authorities have failed seriously to investigate the allegations of abuses committed during the first months of 2009 - the endgame of the twenty-six-year internal armed conflict with the Liberation Tigers of Tamil Eelam (LTTE). An approach based on semi-private polite persuasion, often referred to as the “Asian way of diplomacy”, has been unable to convince President Mahinda Rajapaksa and the Colombo government to respond to widespread international concern. What now needs to be done?
The Sri Lankan military’s final defeat of the Tamil Tigers in early 2009 was messy and bloody. The insurgents who had long fought for a separate Tamil state in the north and east of Sri Lanka had already been condemned both by the international community and human-rights organisations for widespread abuses. Now, in this last period of the war, Human Rights Watch research found that both the military and the LTTE had violated international humanitarian law, including abuses amounting to war crimes (see “Sri Lanka’s hollow victory”, 20 August 2009).
The history of efforts to ensure accountability for such violations is not promising. For example, a Sri Lankan presidential commission of inquiry was established in 2006 to investigate sixteen important human-rights cases that implicated both sides); this was supplemented by an oversight body - an “International Independent Group of Eminent Persons”, headed by India’s former chief justice PN Bhagwati and including the leading Japanese professor Yozo Yokota. But the eminent-persons group quit in disappointment in March 2008, after the presidential commission was subjected to government interference; the commission failed to finish its job, and President Rajapaksa has never made public even its limited findings.
The pattern has continued in 2009-10. Soon after the war ended, Mahinda Rajapaksa signed a joint communiqué with United Nations secretary-general Ban Ki-moon. This expressed Sri Lanka’s “strongest commitment to the promotion and protection of human rights, in keeping with international human rights standards and Sri Lanka’s international obligations”, and promised that “the government will take measures” to address allegations related to violations of international humanitarian and human-rights law.” Between the lines, it was clear that the Sri Lankan government wants the international community to trust it to address accountability issues without external intervention....