The stunning and much deserved defeat of the Liberation Tigers of Tamil Eelam (LTTE) by the Sri Lankan army is as swift as it is rare in world history. Rarely has a government won so decisive a military victory against a long-running domestic armed group. The closest parallels to it are perhaps the defeat of the Khmer Rouge by the Cambodian government and the defeat of the Shining Path guerillas by the Alberto Fujimori government in Peru, both in the 1990s. The first blow against the Khmer Rouge came when the UN conducted elections successfully in Cambodia in 1993, among the population living in the non-Khmer Rouge areas, which constituted a majority. That was followed by an amnesty law in 1993, which weakened the Khmer Rouge by weaning away many soldiers and commanders to the government's side. The death-knell was sounded when Ieng Sary, 'brother number two,' split from Pol Pot in late 1996 with a sizeable armed contingent and joined the government.
That was quite similar to the split by Karuna, the Eastern LTTE commander who has been with the government since then. Both campaigns against the LTTE and the Khmer Rouge were conducted through a great deal of repression, lawlessness and brutality on the part of the government, and certainly reciprocated by the militants. The use of heavy weapons against civilians is increasingly becoming clear, including during the visit of the UN envoy recently. The death of Pol Pot was also shrouded in some mystery, much more than that of Prabakaran, whose body has now been exhibited over and over again in a pornography of violent triumphalism. Fujimori's victory against the Shining Path came similarly at a high price in terms of human rights, consisting of a massive attack against free press and journalists, police brutality in the form of torture, and extra-judicial executions and disappearances. Indeed, public anger against Fujimori's high-handed tactics has now resulted in his arrest and conviction in a high-profile human rights trial for a massacre under his regime, a first for a head of state.
What will happen to the rump elements of the LTTE and who will ensure that there is no return to the practices of the past? What would be the fate of the Rajapakse brothers, General Fonseka and other leaders of the Sri Lankan armed forces? After all, the Rajapakse regime is now widely known to have been responsible for some of the worst violations of freedom of the press, attacks against journalists, and widespread repression including disappearances and extra-judicial executions, not to mention grave violations of international humanitarian law consisting of the killing, maiming and displacement of thousands of Sri Lankan Tamil civilians during armed conflict. More importantly, how will the Sri Lankan government earn the trust of the Tamils and of the international community that it will in fact be able to convert the military victory into a foundation for sustainable peace based on full respect for the human rights of the Tamils?
The first requirement for a way forward consists in the Sri Lankan government and the Sinhalese majority avoiding excessive triumphalism, a vindictive or vengeful attitude towards the Tamils and adopting an attitude of maturity, generosity and humility. The celebrations on the streets that followed the news of defeat of the LTTE are understandable in the short term but need to be followed by a concrete and real showing of attention to the humanitarian and development needs of the displaced Tamil population. If the Sri Lankan government lacks expertise in this regard or feels unsure about how quickly it will be able to turn around from a stance of militarism to rehabilitation, it should ask for help and allow a multi-national team to assist, led by the International Committee of the Red Cross (ICRC) and the UN High Commissioner for Refugees.
The second requirement for a way forward is to begin the political process for ensuring the rights of the Tamil minority in Sri Lanka. The political foundations of Tamil civic capacity are shattered thanks to the violence of the LTTE and the violence of the war effort, and this needs to be taken into account. An election in the Tamil-speaking areas is a necessary but not a sufficient condition for a political settlement. The provisions of the Indo-Sri Lanka accord of 1987 envisioned a referendum to decide if the Eastern and Northern provinces should remain separate or united. After the recent visit by two Indian envoys to Sri Lanka, the government in Colombo has verbally assured the world of its intention to hold elections but it remains to be seen when and how this will be implemented. Following the provisions of the Indo-Sri Lanka accord, the fate of all Tamils in Sri Lanka needs to be now part of a comprehensive political settlement, especially because proper democratic rule has not been restored in the Eastern province yet. Indeed, it is now well-known that conflict over land, partly made worse by the Tsunami in 2004, coupled with lack of security and development on the ground and lack of meaningful devolution, have blocked any serious progress towards peace, development and justice in the East.
Yet another provision of the Indo-Sri Lanka accord needs to be implemented swiftly, and that is to ensure that the Sri Lankan military is sent back to the barracks as soon as is practicable, and that certain areas are recognized as Tamil majority areas, before any electoral democratic process gets under way. This can only ensure that the election will occur in a neutral political environment and ensure a free and fair process that meets international standards. The best and perhaps the only guarantee to ensure that all this happens is to have the United Nations or a multi-national conference assist Sri Lanka in the capacity of an honest third party. In a climate characterized by decades of civil war, ethnic violence, terrorism and military triumphalism, both the Tamils and the Sinhalese need third party involvement to make the political process work. By itself, India cannot assume that role, not after the debacle of the 1980s, and not when its track record does not inspire great confidence among a substantial portion of the Tamil people. China, Russia and Japan, who have been playing spoilers at the UN Security Council, preventing it from dealing with the Sri Lankan issue in a misplaced display of Asian and anti-Western solidarity, need to explain to the world whether they have any plan to ensure that the Sri Lankan forces will not interfere with the electoral process in Tamil areas. The Sri Lankan government has assured India recently that the nearly 300,000 war-displaced Tamils who are held in camps, will in fact be resettled in the areas from which they were displaced. This is not only a requirement of international law, but also a political requirement for the peaceful resolution of the Tamil question.
A third requirement is the need for a sound constitutional process, which is based on the principles of strong federalism, respect for the territorial integrity of Sri Lanka and robust protections of minority rights. Particularly at issue would be the status of minority rights to language, education, and religion, devolution of power, local control of law and order and budgetary autonomy. All of those sensitive issues lie at the core of legitimate Tamil demands for equality and equal treatment. One of the key weaknesses of the Indo-Sri Lanka accord was that it lacked a common core of constitutional principles that would form the basis of a political settlement. Rather, it merely recognized that Sri-Lanka was "a multi-ethnic and multi-lingual plural society", which is merely a principle of political nationhood but not a statement of constitutional principles. Indeed, the East has not seen much political progress even after the defection of LTTE's Karuna due to the lack of meaningful devolution of power locally and the lack of constitutional safeguards for minorities that are implemented fairly towards the Tamils, Muslims and Sinhalese. Any new political settlement needs to clearly articulate the guarantees of constitutional protection of minority rights of all, especially that of the Tamils, protected by the international community, as argued above.
A related but sensitive political issue is the question of reckoning with the abuses of the past and the various resentments that it has built up. These abuses have been committed by both sides, but the Sri Lankan government bears a special responsibility to face up to its accountability, both because a state always bears more responsibility for its conduct under international law and because it is after all the victor. The Tamil community also needs to acknowledge a responsibility to reckon with the abuses of the LTTE, which was charged with the violation of grave violations of international humanitarian and human rights law, for example, by using civilians as human shields, and by drafting children as soldiers and suicide bombers. If the conduct of the ANC in South Africa is any moral guide, a more graceful way of winning (and accepting) the peace makes it much more sustainable. A huge part of how that is done is to establish a process for reckoning with the past abuses and earn trust in the capacity of rule of law as a foundation for peace.
Finally, reconstructing the war-shattered parts of Sri Lanka is going to be a crucial but a difficult process. The Tamil people need to see concrete improvement in their livelihood and economic security swiftly, in order to begin to trust the Sri Lankan government's intentions. That must be done without altering the ethnic balance on the ground and without exacerbating landlessness, which is already one of the main sources of tension. Taking the recent Indian election as a guide, the Sri Lankan government should see that people do vote for better and effective governance over the forces of division and extremism. That is the need of the hour in the war-torn areas of Sri Lanka.
It was continued, systematic, state-aided colonization of private property, not rightful migration, that robbed the livelihoods of many Tamils. It was forced displacement that drove many Tamils, including my siblings, to swap books for bombs.
The 13th amendment is not fit for purpose; that's why it failed on first attempt. What is needed is proper devolution of power, and guaranteed protection of minority rights.
A proper solution can only be found by asking the people concerned. For that, we need a UN led referendum in the disputed areas. Let the people concerned decide how and by whom they want to be governed.
Army will not "return to barracks" - what are you hoping for? Another foreign backed Tamil terrorist insurgency to be built up with the arms that still haven't been discovered? HAH! The Sri Lankan government won't fall for that one again. Army recruitment is being increased, the military will be modernised and equipped, and new army bases are being built along with naval and airforce bases. Things are looking good!
Sinhalese have always been in the northern regions of Sri Lanka and the eastern too, that is where the Sinhalese Nation and Culture developed, attested to by the fact that the oldest inscriptions found in Jaffna are Sinhalese script and the oldest temples Buddhist temples. There are no Sinhalese in northern regions now thanks to the ethnic cleansing carried out by the Tamil Terrorists in 1979.
They will be returned to their ancestral homes now.
1. Aryanism European ideas introduced (due to sincere academic investigation of linguistic & racial heritage of island peoples) during British “divide & rule” which would later corrupt Protestant Buddhism’s rejection of religious Universalism in 1915. The rejection of Universalism and misinterpretation (by some Sinhalese) of Mahavamsa, inadvertently equated to advocacy of racism on the Island.
http://en.wikipedia.org/wiki/Mahavamsa#Political_significance
These Aryan ideas are not widely known or held by the majority of Sinhalese but you will see it expressed among bigots when they talk about "Dravidian slaves," sing about "raping the [Tamil] women of Vanni," or generally praising their "Lion blood." Aryanism is propagated by those who wish to reap political benefits from Sinhalese living in city slums or under developed rural areas.
2. Failure of successive Governments of Sri Lanka (including the present govt) to recognize, prosecute or punish crimes against Tamils especially those committed by Police or military personnel. This is correctly perceived as government complicity in anti-Tamil attacks.
There is peace and even prosperity to be had for Tamils in the Sinhalese south but they also live with the fear of anyone in uniform and fear of Sinhala chauvinist thugs.
Excavations in Jaffna found Tamil writing dating back to 2nd century BCE. But megalithic burial sites on east and west coast say that Tamil villages existed earlier, since 5th century BCE. Sri Lankan Tamil literature dates back to the Sangam period (from 3rd century BCE). Buddhist scriptures record that the Buddha travelled to Sri Lanka to see the Naga kings, who are said to have spoken Tamil.
It was only after this that Indo-Aryans came (in 400BCE--the migration of Vijaya) and through intermarriage with the original Hela people and promotion of Buddhist culture, created what is known to be a Sinhalese culture and people. So it is at this point, that a Sinhala history begins in Sri Lanka. The oldest scripts found in the country are not Sinhalese script.
Genetic studies have also revealed that today's Sinhalese and Tamils are closest genetically to Indian Tamils and to South Indians, rather than to the northern peoples. What this says is that today's Sinhalese have lots of Tamil or at least South Indian blood running in their veins.
Only a Federal solution (not the 13th amendment) will guarantee among other things (1) a Tamil police force which will ease racial tensions. (2) that the President through his hand picked Governor does not colonize the Tamil areas in the Northeast with Sinhala Colonists (3) that University admissions would be merit base and not race based (4) and Fundamental rights violation cases can be addressed fairly.
'Integration' could spell a cultural genocide for Tamils over time.
Mother India has a moral duty to protect her children across the Palk Strait, tied by an umbilical cord.
India Please Help.
Sadly, there is no ethics involved here--just a naked power tussle. The UN has just shown that there are no international mechanisms in place to protect any minorities around the world from state genocide.
many of the good will and magnanimous gestures being suggested by the professor are not going begin, as Sri Lanka is still busy hiding all evidences and keeping independent agencies out.
India – Sri Lanka Accord was an agreement between Sri Lanka and a third party. Tamils, the other protagonist, was not included in that initiative. It failed 22 years ago. Would that rotten egg hatch on a second attempt? No is the answer from a boy who grew up on a farm in Trincomalee.
Still, a lot needs to be done to convince Tamil youth that militancy has to be abandoned. Firstly, one needs to assess the situation on the ground; a need that can only be fulfilled by a UN monitoring mission.
Thereafter, conditions favouring militancy must be brought to an end. Detention of 300, 000 in internment camps, confiscation of private land as 'high security zone', restricted access to aid groups and media, arbitrary arrests and extra judicial killings only fuel the fire of resentment.
Finally, for a lasting peace, a long term political solution is vital. As a matter of urgency, Sri Lanka's Sinhala rulers must be made aware that “elections” on their own is not a political solution. Tamils need to be able to choose how they want to be governed, as well as by whom.