Sri Lankan Government Forces - Term Paper Example

Genocide and Sri Lankan Tamils Introduction: Just to the South of the Indian peninsula lies a tropical island that has enchanted travellers for many centuries with the many beaches and diverse landscapes that dot the island. This island is called Sri Lanka. For more than two decades this beautiful island has been ravaged by fighting between the Sinhalese dominated Sri Lankan government forces and the Sri Lankan Tamil militant group called the Liberation Tigers of Tamil Eelam (LTTE). Five years back a fragile peace was brokered through a ceasefire agreement, which has recently broken down, and open deadly violence has since erupted (Country profile: Sri Lanka). Overview to the Violence in Sri Lanka: The Official Languages Commission set up by the Sri Lankan government in 2005 provides figures for the ethnic divide in Sri Lanka. The Tamil speaking minority in the country make up twenty-six percent of the population, which consists of thirteen percent Sri Lankan Tamils, six percent Tamils of recent Indian origin, and seven percent of Muslims. Though the Tamil speaking minority constitute more than a fourth of the population, their presence in government service is a mere 8.31 percent. Such a situation has arisen from Sri Lankan actions since the gaining of independence by using language as a weapon. Thus language has remained a key element in the ethnic strife in Sri Lanka (Reddy, 2007). While the roots of the ethnic divide in Sri Lanka may be ascribed to the colonial past, when the British imported a large number of Tamils into the country from neighbouring India, actions of the Sri Lankan government since independence are the more definitive cause for the violence in the country. Since independence successive governments have taken measures to ensure that the Tamils were denied equal opportunities to professions and the public sector. Such actions interacted in a complex manner with the already existent Sinhala Buddhist exclusivism that slowly led to the persisting animated ideology in the Sri Lankan State. Two legislative actions were to cause the cleavage and subsequent decades of violence and the rise of the LTTE as a terrorist organization to take the lead against the Sri Lankan government. The 1956 “Sinhala Only” act, which removed English as the official language and replaced it with Sinhala, was to make the Tamils disadvantaged, leading to protests from the Tamils. The subsequent legislation in the early 1970s, which created communal quotas for entrance to universities thereby denying meritorious Tamils admission, was to inflame the Tamils and lead to violence and the call fro a separate Tamil state. (Hattotuwa, 2003). In 1976 the LTTE came into existence as a result of widespread backlash on the Tamil protests leaving many dead. As a result of the continued killing of the Tamils, in 1983 the LTTE declared war calling for a separate state of Eelam in the North and North-east of the country, where the Tamils are a majority. It is this call for a separate state to restore the aspirations of the Tamils that has to led to more than two decades of ethnic violence (Timeline: Sri Lanka). Sri Lankan Government Position: The Sri Lankan government position is that the LTTE, which strives for a separate nation is a terrorist organization and that the government has the right to act as found necessary in the interests of the integrity and sovereignty of the nation. Civilian casualties occur not deliberately, but as result of its fighting a terrorist organization. The government is taking to steps to remove any human right issues that the Tamils believe that they face in the country. (Gamage, 2007). The government is right in terming the LTTE as a terrorist organization, as it has indulged in terrorist activities leading to the death of many civilians and politicians. The credit of developing suicide terrorism in its present form goes to the LTTE. . (Fields, Elbedour & Hein, 2002). The LTTE mastered the art of explosive belts, explosive vests and bras, and the use of female suicide bombers as effective tools for suicide attacks on their intended targets. The LTTE has advertised to the world both their mastery and the effectiveness of their tools in 1991, when they used a female suicide bomber to assassinate the former Prime Minister of India Rajiv Gandhi during an election rally. (Bloom, 2005). The LTTE Position: For the LTTE, Tamil nationality and Tamil right to self-determination have remained the fundamentals of their political struggle and the Sri Lankan ethnic strife deeds to be resolved on the basis of these two core principles. Being a distinct people they have the right to self-determination and through this the Tamils are entitled to regional self-rule (Peiris, 2002). The Sri Lankan government through the use of its military power aims to take over the Tamil lands in the north and north-east, of the country and then thrust an unacceptable and detrimental solution on the Tamils. The LTTE is therefore fighting to protect the political and civil rights of the Tamils (Sri Lanka Assessment 2007). The Human Rights Issues & Violation of International Conventions: According to the Amnesty International both sides have been responsible for violating human rights. "We are concerned at abuses by all parties to the conflict -- civilians are killed, abducted and forcibly disappeared every day at the hands of government forces, Tamil Tigers, the Karuna faction and other armed groups," said Purna Sen, Asia Pacific Director at Amnesty International. "Let us be clear -- no side in this conflict has anything to be complacent about. On the contrary, all parties are breaching international law by failing to protect civilians." (Sri Lanka: Human rights is the issue, not cricket). This concern of Amnesty International has been expressed after the renewed fighting in 2006, as a result of which there has been widespread abuses of human rights. As a result of which Amnesty International called on “all parties to the conflict to comply with their obligations under international law, to protect civilians and allow access by humanitarian aid agencies to populations in need. The security forces and the LTTE must renew their commitment to respect international humanitarian law, immediately cease all violations and take all measures necessary to ensure they are not repeated in the future” (Sri Lanka: urgent need for effective protection of civilians as conflict intensifies). These comments of Amnesty International make it very clear that human rights are at stake in this conflict in Sri Lanka and international covenants and laws are being disregarded. The list of these covenants and laws being violated are numerous. The key principles in the Universal Declaration of Human Rights that was adopted by the UN General Assembly resolution (111) of 10, December 1948, “everyone has the right to life, liberty and security of person’, and ‘No one shall be subjected to torture or to cruel, inhuman, degrading treatment or punishment”. The International Covenant on Civil and Political Rights, Article 6(1) states that “every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life”. Yet as per Amnesty International these international conventions on human rights are being violated by both the Sri Lankan government and the LTTE (Shattered Lives: the case for tough international arms control). The Geneva Convention relative to the Protection of Civilian Persons in Time of War, which came into force in October 1950, addresses the issue of civilians in time of armed conflict that is not of international character, as is occurring in Sri Lanka. Article 3 clearly states that non-combatants in the conflict area are to “be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria”. The International Covenant on Civil and Political Rights, which came into force in March 1976, provides additional guidelines on the rights of individuals. Article 1 provides the right to self determination through “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”. In addition, Article 4 clearly places limitations on government action in times of emergency situations acting for the security of the nation through “in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin”. The International Covenant on Economic, Social and Cultural Rights, which came into force in January 1976, besides providing the right to self determination, also ensures “the equal right of men and women to the enjoyment of all economic, social and cultural rights”, and also prevents exploitation of children making it a punishable offence. With the LTTE using children as armed soldiers and their likelihood of capture by the Sri Lankan forces breach of international law on children is happening. (Samath, 2003). Article 44 of the Convention on the Rights of Child gives clear guidelines on the effect of armed conflict on children, their involvement in the armed forces and the way the authorities handle child soldiers prisoners of war, so that their rights were not affected. The Committee on the Rights of the Child observed that these guidelines were being flouted in the Sri Lankan conflict (Concluding observations of the Committee on the Rights of the Child : Sri Lanka). The Right to Self-Determination and Secession: The right to self determination of a minority in a nation is provided in the International Covenant on Civil and Political Rights, 1966 (ICCPR). Sorabjee, 2007, argues that no where in this document or elsewhere is there a clear definition of minority. The convention is to go by the population figures in the country, but that does not pass the litmus test, as across the country there will be regions that have the minority as a majority. Thus there is a hindrance, The Versailles Treaty aimed the protection of minorities through the provision of an own state and this practice got the name self-determination. It developed into the legitimacy for the rule of the people in preference to the colonial masters in the emancipation of colonies. In present days secession by minorities has come to be justified through self-determination (Castellino, 1999). One of the main issues in Sri Lanka is the unilateral declaration of the formation of a separate state. Such a declaration is seldom supported by constitutional law or by international law, unless executed with the consent or negotiations with the remaining state. Right through the annals of history secession at smaller levels of nations and society have been supported by political theory, but seldom in practice (Kreptul, 2003) The principle of self-determination and secession has been viewed by the International Court of Justice and the Inter-American Commission on Human Rights of the Organization of American States as ‘erga omnes’, or flowing to all, and as such requires the support of the international community. However, the principle of self-determination has been reduced to a weapon for political rhetoric that has no real significance for self-determination and secession. (Parker, 2000). Genocide in Sri Lanka: Reports of activities that tend to genocide by all the Sri Lankan army and police, the LTTE and other factions in the ethnic strife are frequent (Izzadeen, 2006). Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide prescribe two elements. The first is the mental element or the “intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such" or mens rea and the physical element or the action that go with it or actus reas. (Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide). Social scientists however define genocide more in terms of the actions and a specific number of killings. (Social Scientists' Definitions of Genocide). The war is dominantly ethnic in its construction, but not genocide in a strict sense, for it is difficult to prove that there is concerted thought and motivation and action behind the elimination of a population on ethnic or racial grounds. Civil War in Sri Lanka: In general scholars tend to define civil war on the basis of two criteria. The first is that the conflict should be among groups from the same nation targeting control of the power centre, or the formation of a separate state, or a major policy change in the country. (Wong, 2006).The second criterion is that at least 1000 people should have been killed in the strife, with a minimum of 100 from each side (Fearon, 2006). Going by these criteria it is safe to say that the ethnic strife in Sri Lanka is a civil war. Conclusion War: The more than two decades old ethnic strife in Sri Lanka has seen and continues to see violation of human rights and contravention of international laws and conventions on human rights in several ways. The ethnic strife borders on genocide and it cannot be considered that genocide is occurring in the country, though there are opinions in favour of that. The ethnic strife in Sri Lanka has developed into a civil war. Literary Reference Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide, Retrieved May 15, 2007, from, preventgenocideinternational. Web site: http://www.preventgenocide.org/genocide/officialtext.htm Bloom, M. M. (2004). Palestinian Suicide Bombing: Public Support, Market Share, and Outbidding. Political Science Quarterly 199, 61-88. Castellino, J. (1999). Order and Justice: National Minorities and the Right to Secession. International Journal on Minority and Group Rights, 6(4), 389-416. Concluding observations of the Committee on the Rights of the Child: Sri Lanka. Retrieved May 15, 2007, from, CRC United Nations. Web site: http://www.unhchr.ch/tbs/doc.nsf/184758d9fcd7a2b1c12565a9004dc312/140af9c8f1e37133412562350052b80d?OpenDocument Country profile: Sri Lanka. Retrieved May 15, 2007, from, BBC NEWS. Web site: http://news.bbc.co.uk/1/hi/world/south_asia/country_profiles/1168427.stm. Fearon, D. J. (2006). Civil war definition transcends politics, Retrieved May 15, 2007, from, FSI STANFORD. Web site: http://fsi.stanford.edu/news/civil_war_definition_transcends_politics_20060410/ Fields, M. R, Elbedour, S. & Hein, A. F. (2002). The Palestine Suicide Bomber. In The Psychology of Terrorism: A Public Understanding, Edited by Chris E. Stout, 193-223, Volume Two. Westport, Connecticut: Praeger Publishers. Gamage, D. (2007). State Department’s Boucher raises Human Rights: Sri Lanka’s Rajapaksa raises National Security. Retrieved May 15, 2007, from, Asian Tribune. Web site: http://www.asiantribune.com/index.php?q=node/5680 Hattotuwa, S. (2003). From Violence to Peace: Terrorism and Human Rights in Sri Lanka. Retrieved May 15, 2007, from, The Online Journal of Peace and Conflict Resolution. Web site: http://www.trinstitute.org/ojpcr/5_1hattotuwa.htm. International Covenant on Civil and Political Rights. Retrieved May 15, 2007, from, Office of the High Commissioner for Human Rights. Web site: http://www.ohchr.org/english/law/ccpr.htm International Covenant on Economic, Social and Cultural Rights. Retrieved May 15, 2007, from, Office of the High Commissioner for Human Rights. Web site: http://www.unhchr.ch/html/menu3/b/a_cescr.htm Izzadeen, A. (2006). Sri Lanka. Retrieved May 15, 2007, from, SOUTH ASIA INTELLIGENCE REVIEW Weekly Assessments & Briefings, 4(51). Web site: http://www.satp.org/satporgtp/sair/Archives/4_51.htm#assessment2 Kreptul, A. (2003). The Constitutional Right of Secession in Political Theory and History, Retrieved May 15, 2007, from, Mises Institute Working Paper Web site: http://mises.org/journals/scholar/kreptul.pdf Parker, K. (2000). Understanding Self-Determination: The Basics. Retrieved May 15, 2007, from, Presentation to First International Conference on the Right to Self-Determination United Nations. Web site: http://www.webcom.com/hrin/parker/selfdet.html Peiris, G. H. (2002). From Secession to Regional Autonomy: LTTE Shifting Stance? Retrieved May 15, 2007, from, SOUTH ASIA INTELLIGENCE REVIEW, Weekly Assessments & Briefings, 1(20). Web site: http://www.satp.org/satporgtp/sair/Archives/1_20.htm#assessment1. Reddy, M. B. (2007). The great language divide in Sri Lanka. The Hindu, p. 11. Samath, F. (2003). Rights Issue Needs Higher Place in Talks – Analysts. Retrieved May 15, 2007, from, IPS. Web site: http://ipsnews.net/srilanka/note_0302.shtml. Shattered Lives: the case for tough international arms control. (2003). Retrieved May 15, 2007, from, amnesty international. Web site: http://web.amnesty.org/library/index/engact300012003 Social Scientists' Definitions of Genocide. Retrieved May 15, 2007, from, Institute for the Study of Genocide. Web site: http://www.isg-iags.org/references/def_genocide.html Sorabjee, S. J. (2007). What is a minority? Retrieved May 15, 2007, from, DAILY NEWS ANALYSIS. Website: http://www.dnaindia.com/report.asp?NewsID=1090299 Sri Lanka Assessment 2007. Retrieved May 15, 2007, from, Web site: http://www.satp.org/satporgtp/countries/shrilanka/index.html Sri Lanka: Human rights is the issue, not cricket. Retrieved May 15, 2007, from, AMNESTY INTERNATIONAL USA. Web site: http://www.amnestyusa.org/document.php?lang=e&id=ENGASA370102007. Sri Lanka: urgent need for effective protection of civilians as conflict intensifies. Retrieved May 15, 2007, from, AMNESTY INTERNATIONAL USA. Web site: http://www.amnestyusa.org/document.php?lang=e&id=ENGASA370092007 “The Geneva Convention relative to the Protection of Civilian Persons in Time of War”. Retrieved May 15, 2007, from, Office of the High Commissioner for Human Rights. Web site: http://www.unhchr.ch/html/menu3/b/92.htm Timeline: Sri Lanka. (2007). Retrieved May 15, 2007, from, BBC NEWS. Web site: http://news.bbc.co.uk/1/hi/world/south_asia/1166237.stm. Wong, E. (2006). Scholars agree Iraq meets definition of 'civil war', Retrieved May 15, 2007, from, INTERNATIONAL Herald Tribune. Web site: http://www.iht.com/articles/2006/11/26/news/civil.php Read More