Insane logic of INGOs accusing only Sri Lanka
Part IV
H. L. D. Mahindapala
Col. R. Hariharan is, perhaps, the most authoritative Indian source speaking publicly about the role played by the IPKF in the north and east of Sri Lanka. He played a key role in all IPKF operations as the head of the Intelligence Corps in Jaffna between 1987 – 1990. For him to analyse, map and brief the escalating war with the LTTE to the military high command of the IPKF in Jaffna he had to have a detailed knowledge of every aspect of the IPKF operations. His knowledge of Tamil and also his family connections were an added advantage for him to monitor happenings in Jaffna minutely. He knew who was spared and who was killed. Among other things he has admitted in a recent interview that he was aware of the “retributive killings” of innocent civilians by the IPKF.
The following comments made by him presents a concise summary of the type of Indian atrocities committed by the IPKF. His comments also sum up the manner in which the Indian Government and the military high command in Jaffna dealt with human rights violations during the IPKF operations in the north and the east. . He said: “There are a few issues involved in analysing the allegations of atrocities by Indian troops after 25 years. In COIN (Counter Insurgent Operations) operations there are always innocent civilians killed, usually described as collateral damage in the fire-fight between two sides. This happened in Sri Lanka also. But there were specific instances where serious allegations were levelled. I remember two of them: massacre of patients and doctors by troops in Jaffna teaching hospital and retributive killings in an ambush in Valvettithurai. I think both the Army leadership and Government (of India) failed to institute transparent investigations to get at the truth and disprove them or punish the culprits. But in 1987-88 human rights was not a big issue worldwide as it is now. India was no exception to this. Bigger killings were taking place in Afghanistan where the US was fighting a proxy war against Soviets. India itself did not pay much attention to human rights accusations against it. But all this is hindsight wisdom.“ (International Law Journal of London, Interviewer Parasaran Rangarajan, Editor — – Feb. 6, 2014).
The date of the interview is important – February 6, 2014. This means that even after 25 years there are living witnesses to the war crimes and crimes against humanity committed by the IPKF. So can India wash its hand off its crimes committed on Sri Lankan soil? Since there is no statute of limitation for war crimes and crimes against humanity should not UNHRC also insist on an independent international investigation into India violations of international humanitarian and human rights law? Col. Hariharan’s response to Indian atrocities is equally intriguing. He says bluntly: “There is no reason for India to want an investigation now. It is a functioning democracy which has progressively tried to improve its human rights record. Moreover, it does not serve India’s objectives in Sri Lanka which are two-fold:
1] Ensure integrity of Sri Lanka as a single entity and discourage all efforts to create an armed insurgency to violate it because it will have security repercussions in India’s national security architecture.
2] To see that Sri Lanka Tamils’ grievances are removed and their confidence is restored in participating in mainstream political democracy in Sri Lanka on equal terms.
So fundamentally any action other than those that serve India’s objectives will not be encouraged or initiated in India. Such a demand would be ignored in India as it is going through a delicate pre-election campaign and it would suicidal for any political party let alone Tamil Nadu ones to accept it.” (ibid).
India was the first to commit gross violations of human rights on a mass scale in the 33-year-old war. Indian violations occurred throughout the three-year period if IPKF operations – i.e., between 1987 – 1990. And Col. Hariharan admits that “the Army leadership and Government (of India) failed to institute transparent investigations to get at the truth and disprove them or punish the culprits.” This hasn’t stirred the conscience of moral India to institute any action to this day. Instead it is now in the forefront of a triune anti-Sri Lankan resolution (USA, UK and India) insisting on an independent international investigation on alleged charges of violating international humanitarian and human rights law in the last five months of the Vadukoddai War.
Is there a moral rationale for India to go before UNHRC and ask for punitive action against Sri Lanka when it has not lifted finger to deal with its own war crimes against the people of Sri Lanka? India’s former Defence Minister. George Fernandez, has described IPKF operations as “India’s Vietnam”. He even went further and branded the massacres of Sri Lankan civilians as “India’s My Lai.” So is there any sanity or logic in India’s posture of political piety? Besides, Col Hariharan admits that the massacre of Tamils amounts to “retributive killings”. (Details were in Part II and Part III published earlier.)
Mark you, the act of massacreing patients and doctors was not collateral damage. Nor was it was an aberration of some misguided IPKF soldiers. It was cold blooded murder carried out, with the knowledge of Indian high command, as a “ retributive killing” committed in retaliation for the LTTE killing its forces. This bloody-minded massacre of hospital patients and doctors is an insane act which cannot be forgotten or forgiven under any circumstances in any war. Patients doctors and hospitals are protected by the Geneva conventions. But Col Hariharan, who admits that these massacres took place, is arguing that there is no need for any action against India. Assuming that this Indian logic is moral and correct why is it that only Sri Lanka is selected for investigations and not India?
There is, however, the allegation of Sri Lankan forces firing at hospitals in the finishing stages of the war – an allegation that is hotly disputed. It is documented that the LTE was deliberately firing from hospital premises to provoke retaliatory fire from the Sri Lankan Forces to exploit the inevitable damage for international consumption. Anyway, subsequent investigations have failed to establish that the hospitals were damaged to the extent claimed by the Tiger propaganda machine. As opposed to the massive propaganda campaign whipped up against the GOSL forces for firing into Tiger targets located near hospitals leading Tamil activists haunting the corridors of UNHRC like Fr. S. J. Emmanuel, who has equated Velupillai Prabhakaran with Jesus Christ, rabid representatives of the Tamil diaspora, “Paki” Saravanamuttu, Jehan Perera, et al have been silent as Church mice about the IPKF’s My Lai in Sri Lanka.
Why? Is there any provision in international humanitarian law or in ecumenical law to say that India should not be held accountable for its barbaric crimes? Killing the helpless patients lying bed, unable to fight back, is the ultimate subhuman act of deranged minds. The Indians had no compunction in doing it. And they have the gumption to insist on an independent international investigation into violations of international humanitarian law which occurred in the last five months of the Sri Lankan operations and not their crimes which they committed for three years between 1987 – 1990.
This is what makes the anti-Sri Lankan resolutions backed by India and its fellow-travellers irrational, illogical and invalid. And guess who else – apart from US, UK, India et al – is asking for an independent inquiry into alleged crimes committed by Sri Lankan forces in the last five months (January 2009 – May 2009)? Believe it or not, it is Amnesty International of India. Besides, all the other INGOs too have joined this bandwagon to demonize Sri Lanka to pursue its lop-sided politics not for justice but to let India let off the hook.
Citing the resolution passed by the Northern Provincial Council calling for an international investigation into alleged war crimes G. Ananthapadmanabhan, chief executive, Amnesty International India. said: “An elected body of representatives calling for an international probe shows how little faith some people in Sri Lanka have in any domestic mechanism.”
It is against this background that I decided to take on AI and other prominent INGOs who are leading a campaign to denigrate ONLY Sri Lanka.
The correspondence below explains what happened next.
First I e-mailed Ananthapadmanabhan of the Indian AI asking him why he is focusing only on Sri Lanka and not India. The silence was deafening. Then I e-mailed following letter to Salil Shetty, Secretary General of Amnesty International, through its Media Unit.
Media Officer
AI
Dear Sir / Madam,
Attention Mr. S. Shetty
I refer to a statement made by Mr. G. Ananthapadmanabhan, Chief Executive, AI India, on the need for an “independent international investigation into all allegations of crimes under international law committed by Sri Lankan government forces as well as the LTTE.”
The following is the relevant part of the IANS report dated January 29, 2014:“India must take note of this resolution and press Sri Lanka at every opportunity to conduct an independent international investigation into all allegations of crimes under international law committed by Sri Lankan government forces as well as the LTTE,” he said.
“India must keep the pressure on Sri Lanka to do the right thing, accept an international investigation and cooperate with it,” Ananthapadmanabhan added.(IANS –Jan 29, 2014).
Following this report I requested Mr. Ananthapadmanabhan to comment on whether the international inquiry should also include the well-documented atrocities committed by the IPKF forces during its operations against the LTTE.
I regret to say that I have not even received an acknowledgment from him.
I am surprised that an independent rights body that is committed to transparency is silent on this query.
Since Mr. Ananthapadmanabhan’s silence indicates a refusal to answer my query can Mr. S. Shetty answer the following queries:
Reports of the University Teachers for Human Rights (Jaffna) have documented the atrocities committed by the IPKF forces. There are also eye-witness accounts of wholesale massacres of innocent Tamil civilians.
1. Why hasn’t AI focused on this aspect of Indian crimes committed under international humanitarian and human right law?
2. Why is it demanding an independent inquiry only into allegations of crimes committed by Sri Lankan government as well as LTTE?
3. Does this mean that AI is covering up the crimes committed by IPKF?
4. Is this because Mr. Shetty and Mr. Ananthapadmanabhan, are Indians?
5. If it is an oversight can Mr. Shetty and Mr. Ananthapadmanabhan rectify it by replying my queries and also issue an appropriate statement insisting, like the way Mr. Ananthapadmanabhan has done in relation to Sri Lanka, that an independent international investigation should also inquire into Indian atrocities in Sri Lanka?
Your cooperation will be much appreciated
Thanking you
Yours sincerely
H. L. D. Mahindapala
Editor, The Observer, (1990 -1994)
President, Sri Lanka Working Journalists’ Association (1991 – 1993)
Secretary-General South Asia Media Association (1993 – 1994)
Phone: 03 – 98876176 (Australia)
Address: 53, Galahad Crescent, Glen Waverley, Vic. 3150, Australia.
No response again. Then I sent another reminder:
Media Officer
AI
Dear Sir/Madam,
Attention: Mr. S. Shetty
I refer to the message I sent to AI on February 3, 2014 and regret to note that I have so far not received any reply. This is most surprising coming from an organization that claims impeccable conduct from all others. At least an acknowledgement would have assured me that AI is considering a reply. The silence indicates that it intends to ignore my request as the previous one sent to Chief Executive of AI in India, Mr. G. Ananthapadmanabhan,..
I cannot understand the silence because AI is very quick to provide answers for all the issues of other nations, institutions and individuals. The silence of AI on a critical issue like India’s role in Sri Lanka should be given top priority by any standards. More so, because AI India is insisting that India should intervene again in Sri Lankan affairs.
Mr. Shetty can’t be that busy to answer a simple query like mine which should be familiar to him like the back of his hand.
Anyway, I hope that better sense will prevail and I will receive a reply within a day or two. This will not be a difficult to an INGO like AI which has a research staff of considerable repute.
Thanking you
Yours sincerely
H. L. D. Mahindapala
I wrote to ICG and Human Rights Watch too – two of the biggest champions of human rights. Not a peep has come out of these vociferous and aggressive guardians of human rights.
So will these INGOs front up in Geneva in March to raise the issues of human rights violations in Sri Lanka?
We will be only too happy to meet all these human rights busybodies – including Jehan Perera and “Paki” SaravanaMUTTu — in Geneva to ask some relevant questions about their record so far on violations of human rights in Sri Lanka.
Concluded
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