The Pathway for the Courts of the Hybrid Government

Sri Lanka has  become a co-sponsor for UNOHCHRC Resolution on Sri Lanka that has been unanimously adopted on the September 30^th, 2015.

 We all hope that a new chapter and pathways are being opened for better understanding of ethnic communities’ dignity and self-respect in relation to each other in an independent nation. The progress of Sri Lankan regarding delivering the consoling justice to the affected people being a co-sponsor would come for more closer scrutiny, than being isolated mere respondent of responsibilities pointed out by community of Human Rights concerned nations. 

As such it worth looking back at some bitter truth, 03 decades old facts are of national importance in the present context, in which State Leaders, have just promised to the member nations of UN-HRC that it would work hard for better civilized responsibilities of delivering equal justice, restitution and non-repentance of the past ordeals for civics. The hybrid government must respond to it not for any other reasons than consoling and comforting their own people torn by the war willfully protracted for 30 years (If this government considers the same affected people are of  theirs and of no one else's) who still striving to live normally even after 6 years of end of war.

This is for the conscience of the all members of the Hybrid Government, Committee of Reconciliation and the Courts of Hybrid Government

The two main political parties which ruled this pluralistic ethnic nation by the name of Sri Lankan Government which should have been always bound to ensure law enforcement unabated, by some series of following tabulated bizarre actions very much inappropriate for a sovereign independent state,   willfully protracted the war, for 30 long years has prevented Natural Integration of Ethnic Communities, rather permanently within the nation and are presently hatching out the planed enforced reconciliation, again for their own benefit, as has been in the past post independently against the real need of National Integration through allowing the people to be compassionate to each other in difficult times, hence it is high time that the people's representatives reflect these sentiments.   

1.   Failing to arrest Veluppilai Prabaharan and his accomplices when they were having dinner of hoppers at Amirthalingam’s house, immediately or later following gunning down Alfred Duraippah, at Ponnalai. 

2.     Failing to apply a return ambush at Kadju Farm Murungan Mannar Road when Veluppilai Prabaharan and his accomplices ambushed a radio-car with few CID officers at the same farm, despite of its close proximity to Thalldi Army Camp, Mannar one of the biggest then existed.  

3.   Bringing an abrupt halt to the  Vadamarachchy Operation Liberation in May 1987, when General Denzil Kobbekaduwa and Brig. Wimalasundra’s battalion  have managed to isolate the civilians from rest of the fighting groups including Veluppilai Prabaharan and LTTE, and thus for failing to arrest or shoot down the most wanted people of the law by then and failing to avoid catastrophe in succeeding years by that abrupt halt of Operation Liberation 

4.    Failing to uphold the Sovereignty of Democratic Socialistic Republic of Sri Lanka, which is uttermost responsibility of a Responsible Government at the most required time, by halting the Operation Liberation at a crucial juncture at the behest of India another Sovereign Independent Nation (Could have finished the job swiftly said in above 3. and then sign the agreement)

5.  By the action said in above 4 the Responsible Government of Sri Lanka (here in after referred to as RGOSL) wasted an opportunity to tear the Indian Super Power attitude and its’ face mask for the betterment Regional Independent Nations’ Sovereignty; worst of all RGOSL allowed Veluppilai Prabaharan to be carried off to Delhi by an Indian Helicopter from the shores of Sri Lanka, then to return by same means instead of to Colombo on both occasions – with ulterior motives unveiled later as a war. 

6.     By the actions above said 3 and 4 of RGOSL, the siege by the LTTE as well as by other groups over the entire population lived in the North and East of Sri Lanka and over the defense installations there in were allowed to recommence swiftly, though unfortunately for entire Sri Lanka population.

7.    By agreeing to sign and signing an accord at the behest of India, the treacherous act described in above 4, was repeated, and the entire population lived in the North and East was exposed to the atrocities of Indian Peace Keeping Force, and to the crony groups ENDLF, EPRLF, TELO, PLOT, and the worst to the war against LTTE, and the atrocities of LLTE as well. This is an absolute failure, and abandoning the responsibility of the RGOSL, and its constituent Defense Forces to protect and saving its own population from external forces and miseries. More than 20,000 people perished apart from permanently inflicted trauma and despair of war on the living people. Though RGOSL, failed to compensate or compassionate towards that IPKF war affected people, India did only compensate for lose life and property.

8.   In the Alambil Jungle, though IPKF have managed again to trap the, Veluppilai Prabaharan and LTTE far, far away from the civilians, again RGOSL, failed to give the necessary shooting orders in time to IPKF, Thus the RGOSL, failed, again to prevent the mayhem all that have been done by LTTE from there on and failed to protect the people, to which the accord was signed RGOSL, claimed.

9.    Though the prime aim should have been to eradicate the LTTE and its terrorist activities, Government of Sri Lanka, acted invariably constantly in series of contradicting manner, funding, providing arms and ammunition, at the same time the security forces had been engaged in war with the same group, keeping the state of commotion afloat, totally disrupted of day to day life people of unabated.

10.  as such in above 9. RGOSL, connived with LTTE,  exposed very able, dedicated, members of defense forces who were very capable of  segregating the civilians from terrorists and terrorism   to be targets of LTTE and to be killed by same LTTE; to name a few, General Dezil Kobbekaduwa, Wimalratne, Clarence Wiyewardene  and Brig. Wimalasundra.  Similarly political rivalry also connived with LTTE to get rid of one or the other and not only succeeded in devil dared political maneuvering but also in propagating a maneuvered suspicion among  gullible that the Tamil civilians, are against the State as well its leaders through LTTE. In one of those political killing, main informer to LTTE was a former cabinet of minister famous for highhandedness.

11.  As such, pursuing the above action said in 10 the both political parties using the name Government of Sri Lanka deliberately closed the pathways for natural integration between the two major ethnic communities.

12.  An action plan with a notion of Sinhala Buddhist Nation, was allowed to spread intentionally, hence the above said 10, and thus 11 took its own course to polarize the Sri Lankan society and pushing the Tamil civilians towards LTTE further and further.

13.   LTTE on its part, as grown in stature in indisputable terms locally and internationally, staked claim as sole representatives of Tamil people, and to be attractive to that impression conducted series attacks on border villages, monasteries and suicide bombarding in civilian predominant places, such as Railways, Bus-Stand etc. Even their own brethren were killed in spree.

14. The grown stature of LTTE, as above inducted themselves to carry out suicide bombarding of economically important places of RGOSL, such as Central Bank, etc.

15.  RGOSL by its own actions tabulated all above, concocted state of concede to carry out ostentatious cosmopolitan decorated Peace Talks for deception, with off tracking LTTE, and then entered into a ceasefire agreement (CFA) thus pushing the ordinary Tamil civilians towards LTTE and  made them to keep Himalayan Trust on LTTE for their unresolved issues

16.  Having constructed a full-fledged war, as an action plan, RGOSL using planes, artillery and mortar bombarded civilian targets on the pretext of LTTE targets, within its own territory.

17.  From above all, it is abundantly clear that GOSL wanted a situation mass of population going behind LTTE, and did achieve it, rather than attracting the people of the land towards its rulers RGOSL

18.  It is also abundantly clear that the above tabulated series of actions by the so called RGOSL were in line with, meticulously constructing a situation prolonging and culminating to be equivalent of 1971 and 1989, Machiavellians and Machiavellianism massacre, outside North and East of the country for the reasons described in above 12. 

RGOSL at numerous occasions have ignored the law enforcement and failed to nip in the bud the crimes, discounted the opportunities of ending the conflict earlier than it intended for, through pursuing of above, meticulously constructing a war compacted with civilians with a prime motive of teaching a lesson for Tamil people who have constantly voted in the political parties for parliament, other than political parties ruled country alternatively, whom now have formed a hybrid a government (on the pretext) to redress the State Civics of all respect undergone more sufferings than enjoyment (only few elites than majority), by the actions of politicians very much lacking maturity of Statesmanship, that is necessary for governing the pluralistic Nation. With notions of Sinhala Buddhist Nation concept deeply rooted in every aspect of the Government, militarization of civilian habitat to the maximum is part of that notion, are the other reasons for the construction of a full-fledged warring situation as well as for willfully protracting the conflict.  

All these leading to present scenario of Human Rights violations of both warring parties during the last ditch of a protracted war as sited by OISL, of the UNOHCHRC.

There are lot of fuss and brouhaha over the Human Rights violations of LTTE, by many Sinhala leaders; there were plenty on the part of LTTE, such as forced child conscription for war, human shield installing weapons human save areas etc.  But who is at fault, it is again the RGOSL who should be responding into inquire to those as well, because it happened with in Sri Lankan territory by the LTTE. It is RGSOL who does not want an inquiry against LTTE, for the reasons above listed. That is the same reason for gunning down the surrendered LTTE leaders during last stages of war, - if an inquiry is instituted against LTTE, all above will be transpired that is the worry for RGOSL.

But what RGOSL shall realize is, such an inquiry into war crimes by LTTE to know the truth will boost the natural national integration over the enforced reconciliation.  

Action against financiers and other international operatives and agencies will be an integral part of the criminal investigation that the UN High Commissioner’s report has proposed through the recommended involvement of international personnel in the accountability process. People irrespective of ethnicity are pondering why law enforcement could not lay hand on Sivanesathurai Chandrakanthan alias Pilliyan, Vinayakamoorthy Murlatharan alias Karuna Amman, and Kumaran Pathmanathan alias KP all are of numerous crimes of openly known; is that because now they have become admirers of hidden notions of RGOSL or above listed reasons.

The build up by the RGOSL construed from the above listed actions is so that objected to be a lesson through absolute brutal ruthlessness within a compacted of mass of people that has been conglomerated within a very constricted area intermingled with fighting cadres of LTTE, through above listed actions of RGOSL as well as by LTTE. Lack of laws pertaining to Human Rights and crimes during a war also have induced, and inducted the planers of the war to be so brutal and demonstrate ruthlessness as part of the lesson of life for the Tamil Civilians from a defense systems entirely bursting with Sinhala Buddhist notion for whom to or how to vote in a Parliamentary Elections in the pretext of fighting a separatist war against brought up ruthless terrorist organization. The terrorizing ruthlessness were executed in the following manner, as communed by living witnesses as well as to be witnessed to the Inquiring experts on Sri Lanka of UNOHCHR.

i.              Depriving enough food and medicines required for civilians made to be entrapped during period between 2006 and 2009

ii.             Indiscriminate shelling towards civilians using heavy artillery, Ariel bombarding supersonics   cluster bombs and shells within and outside the warring area

iii.             Shooting down of one by one of a line of surrendered people irreverent it was ordinary civilians or militants,  

iv.            Made the own people of over 300,000 to be entrapped, entangled them, into a Warring Zone then ostentatiously announced an No War Zone within the already compacted area, then when the civilian moved into that area, still used the heavy artillery on that so called No War Zone as well.  

All these took place within a too tiniest area for a mass of over 300,000 people, RGOSL, effectively pretended and conjured the international community that it was involved in a humanitarian operation of liberating the civilians from the claws of LTTE, who have accumulated unto the LTTE by the actions of RGOSL and LTTE listed 1 to 18; civilians by now were eager to escape the offensive onslaught of a full-fledged war within tiny area were allowed only a very narrow corridor to do so. The escapees were screened strictly a through deadly slow process by the so called liberating army before allowing them into a barbed wire confined area that could be compared only to an exodus animal paddocking area – that did not fall in line in any means with the RGOSL claim of “Humanitarian Operation Emancipated Refugee Camp”  torturing continued.

RGOSL’s policy of zero international witnesses of war, and resultant lack of INGO, including UNO operating played part in fellow countrymen being confined in a slavery simulation as a means of torture.  This was an all-out coyly effort of the government to pretend that it has not planned out above described inhumane humanitarian operation.  Following actions of RGOSL witnessed by commune would testimony that claim of Humanitarian Operation 2009 was actually a sham

v.             Torture of captured or surrendered in nudes for fun, 

vi.            Rape for fun by many repeated rape for each gulp of arrack, 

vii.           STERILIZATION OF MALE AND FEMALE of the captives and surrendered in Segregated interrogation camps of the security forces

Government failed to imagine that people whom they have subjected to 30 years of cruel war would have better means of media communication than that of who conducted the full-fledged war, carried on its mission of teaching a lesson by ruthless means; We all are aware how the army was deployed against compatriot Parliamentarians who undertook a nonviolent Satyagraha movement in protest of not considering the Tamil Language for reasonable use, but RGOSL could not understand the legitimate demand then  twisted the story to entire world, RGOSL is still lingering in that primitiveness, I still cannot lodge a complaint in Wellawatte Police station  in the language, I am speaking, thus RGOSL, though have won the war what they called as war against Separatism, not yet understood the reasons for the youth upsurge of  North and EAST, because the war was conducted in a manner, further establishing the majoritarian Sinhala Buddhist notion.   

There cannot be a strong foundation for reconciliation unless all the above alleged war crimes, are properly inquired into and the, defense forces cleaned up to free of Sinhala Buddhist notions for the reason the affected people are citizens of Sri Lanka of different language and different believes religiously. 

The one example of most wicked minded disturbing action came from Rear. Admiral Vasantha Kamaragoda at half way of completion war against separatists; he proved beyond any doubt this war was to establish Buddhism by means of force in contrast to Rev. Sangamittha, who disseminated Buddhism in a peaceful manner with in Sri Lanka though she landed in Mathakal and respected the inhabitant there in to travel further south to complete her mission. This action of the Rear. Admiral Vasantha Kamaragoda pushed more youths towards LTTE. Thank you for unveiling the true intention of the RGOSL.

The considerable number of the directly affected of those crimes are still living and their relatives and friends are in deep grieve, shocked and traumatized since learning the inhumane ordeals they have undergone, and keeping it mind that the reconciliation heavily depends on the mindset of the so affected people, rather than from and of the people who enforced the above tabulated actions inappropriate for a responsible government that caused numerous pain, hardships of losing hard earned properties not only once but twice and thrice,   trauma of wars one over another and untold sufferings to the entire  population of the nation for 30 long years.

In this respect, buttering reconciliation offers born through the notions of the majoritarian rule have to be rejected by anyone who wish to live by own conviction for dignity and self-respect. The priority shall be to restitution of everything prior to 1977 era for the people North and East, no need to say I am talking about demilitarization to enhance the civilian life and the livelihood of those lived in there before 1977, ultra-modernized intelligence units that keep intact the central government security concerns (so that) shall replace the highly man-powered military installations that require numerous maintenance facilities and vast land area. This would ensure at-least 50% of reparations for civics is with no time if there is a will for RGOSL and resolute of a true Statesmanship, that keep away voter targeted inflammatory sentiments.

The Palaly Aerodrome should be opened back for International Air trafficking, and the KKS the cement factory should be remodeled for modern techniques and recommence its operation, and Jaffna should become a business hub area again. Past primitive thinking of if north  is developed, Sinhalaya would suffer be buried beneath for strong foundation of entire nation, the new chapter should be worth for the sacrifices made by our people during the onslaught  Indian Peace Keeping Force  the fourth largest army in the world and in the later worse years followed.

I still feel General. Denzil Kobbekaduwa’s battalion should have been allowed to finish the job swiftly, (that could have avoided exposing our native people to foreign force to be raped and tortured) then sign the accord with India, which would have been better slap than that of rifle butt slapping during the parade.

The affected people need a peaceful atmosphere in the first instance. Then, the lands grabbed from the people should be returned to the rightful owners. They should be resettled with a roof over their heads. It is estimated that nearly 140,000 dwellings were damaged during the war. Some were of twice and thrice. These have to be repaired or rebuilt. Some means of livelihood have to be found for the affected people, especially to those families headed by war widows. Psychological and emotional support too should be provided wherever needed.

 As per the turn over events enlisted the 13^th Amendment have to be revisited in the lines of modern day thinking – State Governments that ensures no ethnic community enjoys impunity anywhere– all equal in all State Govt. should be the criteria, law enforcement shall improve by double pathway tracking, either central or state indicting, work hand in hand for always betterment of serving the people of the state. In the other areas overlapping responsibilities should be done away and the Prime Minister of Democratic Socialistic Republic shall be responsible for all the State Governments and should have Prime Minister of State for  each state, that comprises 10 – 12 council of ministers and the Central Government shall ensures funding, for the projects implemented by the State. 

 Use the National Government in a broad sense, not to repeat what have been the past short sited nationalism that plunged the country to peril, and exposed to social evils as now and to further. Now the ball is in the Sri Lankan Court, the Hybrid Government’s Courts. Only they have to decide on the pathway they wanted to travel either to continue linger in primitiveness of dominating through language and religion or move forward fast based on scientific facts and needs of every aspects life as a nation.

Meanwhile it is a reminder to all concerned that Buddhism is a philosophy fits into any modern era irrespective of language it is preached, on its original perspective and I respect it for it.