SPECIAL REPORT : The road from Nanthikadal to Geneva : Part 2
December 10, 2013, 6:12 pm

U.S. Secretary of State John Kerry swears in Nisha Desai Biswal as Assistant Secretary of State for South and Central Asian Affairs at the U.S. Department of State in Washington, D.C., on November 21, 2013. [State Department photo]
By Shamindra Ferdinando
Having succeeded Assistant Secretary of State for South and Central Asia Robert O’ Blake recently, an American of Indian origin Nisha Desai Biswal declared that the US and its friends across the international community had underscored the need for Sri Lanka to make progress on issues of reconciliation, on issues of accountability and issues of human rights or face the consequences.
Blake was America’s wartime ambassador in Colombo (Sept 2006 –May 2009). He moved to Colombo from New Delhi where he was No. 2 at the diplomatic mission.
Ms Biswal was addressing the media in Washington on Dec. 4.
The first ever Indian-American to hold the post, Ms Biswal didn’t mince her words when she warned the Sri Lankan government that unless real progress was made, particularly on the issues of accountability, the patience of the international community would start to wear thin.
Addressing a distinguished gathering at the Foggy Bottom headquarters of the State Department on Nov. 21, 2013 after the swearing in of Ms Desai as Robert O’Blake’s successor, US Secretary of State John Kerry said, "Think about the message that we’re sending today, which I’m excited about: The story of a woman who left a small town in India at the age six, to come to America and now as become one of the most important leaders in the Department of State."
Instead of vowing in both in and outside parliament that the government wouldn’t bow down to international pressure, those responsible for formulating Sri Lanka’s response to war crimes allegations should closely examine the issue of ACCOUNTABILITY. The government needs to remind those pushing for an international war crimes tribunal that ACCOUNTABILUTY issues couldn’t be examined in isolation. It would a grave mistake on the part of the government to scrutinize the entire range of issues in the run-up to the next session of the United Nations Human Rights Council (UNHRC) in Geneva. For want of cohesive strategy and negligence, the country had been overwhelmed by a relentless international propaganda campaign. Had Sri Lanka failed on the war front, none of those demanding that President Mahinda Rajapaksa’s government addressed ACCOUNTABILITY issues would have bothered to take up the separatist eelam war at international forums. That is the bottom line.
Before discussing the war crimes issue further, it would be pertinent to mention that Sri Lanka wouldn’t have been able to bring the war to a successful conclusion in two years and nine months (Sept 2006-May 2009) without the US helping the SLN to locate four LTTE floating arsenals on the high seas. The US offered tangible help following the then Navy Chief Vice Admiral Wasantha Karannagoda briefing Blake regarding the need for urgent action against the LTTE. The LTTE never recovered from the loss of four ships loaded with arms, ammunition and equipment in September and Oct 2007.
Shocking failure to exploit Dhanapala’s advice
One of the most prominent international diplomats produced by Sri Lanka, Dr. Jayantha Dhanapala discussed the issue of ACCOUNTABILITY when he appeared before the Lessons Learnt and Reconciliation Commission on Aug. 25, 2010. The correspondent was fortunate to be present at the Lakshman Kadirgamar Institute of International Relations and Strategic Studies where Dhanapala made his presentation (Intl. laws shouldn’t apply to conflicts between States and terrorist groups with strap line …calls for a review of Rules of War-The Island August 26, 2010). Although it was perhaps the most important submission made before the LLRC, the government didn’t make use of Dhanapala’s effort. Western and the civil society organizations couldn’t have ignored the statement attributed to Dhanapala on the issue of the controversial Responsibility to Protect (R2P) concept. Let me reproduce verbatim what one-time head of the SCOPP (Secretariat for Coordinating the Peace Process) Dhanapala told the LLRC headed by former Attorney General C.R. de Silva. Having recollected the circumstances under which the United Nations General Assembly adopted the R2P concept at its 60th summit in September 2005, Dhanapala emphasized the pivotal importance to expand that concept with regard to the issue of ACCOUNTABILITY. The former UN under Secretary General said: "Now I think it is important for us to expand that concept to bring in the culpability of those members of the international community who have subscribed to the situation that has caused injury to the civilians of a nation. I talk about the way terrorist groups are given sanctuary; are harbored, ; are supplied with arms and training by some countries with regard to neighbors or with regard to other countries. We know that in our case, this has happened, and I don’t want to name countries, but even countries who have allowed their financial procedures and systems to be abused in such a way that money can flow from their countries in order to buy arms and ammunition that caused the deaths, maiming and the destruction of property in Sri Lanka are to blame and there is therefore a responsibility to our civilians and the civilians of other nation states from that kind of behavior on the part of members of the international community …" Dhanapala went to the extent of calling for a new set of rules as the IHL didn’t address a situation a conventional army had to battle terrorists (Dhanapala calls for a new set of rules with strap line The rules of war as they exist do not meet today’s requirements-The Island September 6, 2010).
Unprecedented case of Charles Taylor
The government needs to revisit Dhanapala’s submissions especially in the backdrop of former Liberian President Charles Taylor being sentenced to serve a 50-year jail term for sponsoring terrorism in neighboring Sierra Leone, a long standing member of the Commonwealth. The 65-year-old Taylor was sentenced by the UN backed Special Court for Sierra Leone. The verdict was upheld in The Hague. He was sentenced on 11 counts of war crimes and crimes against humanity. The court declared that Taylor in his capacity as President of Liberia from 1997 to 2003, provided arms and ammunition to terrorists in neighboring Sierra Leone. During proceedings, much to the embarrassment of the US, Taylor revealed his close relationship with US security authorities and his extraordinary escape from the maximum security Plymouth Country Correctional Facility in Massachusetts in November 1985 with the help of US agents. The revelation was made in July 2009. The escape took place several days before an unsuccessful attempt to overthrow the then Liberian government was made with the support of the Central Intelligence Agency (CIA), Taylor told the tribunal.
Dixit on Indian intervention in Sri Lanka
Sri Lanka could never have finished off the LTTE during eelam war IV (Sept 2006 to May 2009) without India’s blessings. Although India made a desperate attempt to arrange a ceasefire as the Sri Lankan Army (SLA was closing in on the LTTE formation’ on the Vanni east front, the government couldn’t have brought the ground offensive to that stage if India intervened much earlier. But Sri Lanka would never have been plagued by terrorism if not for Indian intervention. Shoojit Sircar’s ‘Madras Café’ discussed the Indian intervention here leading to the assassination of former Indian Prime Minister Rajiv Gandhi at Sriperumbudur near Chennai by an LTTE suicide woman cadre on May 21, 1991.
Former Indian High Commissioner in Colombo J.N. Dixit who retired with the rank of Foreign Secretary, faulted former Premier Indira Gandhi for intervening in Sri Lanka. Dixit in his memoirs titled ‘Makers of India’s Foreign Policy: Raja Ram Mohun Roy to Yashwant Sinha’, asserted that Indian intervention here was one of two foreign policy blunders made by Premier Indira Gandhi.
Dixit said, "The two foreign policy decisions on which she could be faulted are: "her ambiguous response to the Russian intrusion into Afghanistan and her giving active support to Sri Lankan Tamil militants. Whatever the criticisms of these decisions, it cannot be denied that she took them on the basis of her assessments about India’s national interests. Her logic was that she couldn’t openly alienate the former Soviet Union when India was so dependent on that country for defence supplies and technologies. Similarly, she could not afford the emergence of Tamil separatism in India by refusing to support the aspirations of Sri Lankan Tamils. These aspirations were legitimate in the context of nearly fifty years of Sinhalese discrimination against Sri Lankan Tamils. In both cases, her decisions were relevant at the point of time they were taken. History will judge her as a political leader who safeguarded Indian national interests with determination and farsightedness."
With the next Geneva session scheduled for March 2014, it would be necessary for decisions makers here to peruse Dixit’s memoirs. Perhaps make one available to the new Assistant Secretary of State for South and Central Asia, Ms Biswal to help her understand the crisis caused by the then Indian political leadership. She should be able to comprehend the catastrophe caused by India, the country of her birth.
Perhaps Sri Lanka’s policy makers never really understood India’s decision to intervene here. Sri Lanka will have to pay an extremely heavy price for the failure of those in authority to have a cohesive defence in the face of mounting international pressure. India sponsored over a half a dozen terrorist groups targeting the then President JRJ’s government in accordance with its security policy. The Indian operation was meant to thwart the US project involving Pakistan and Israel. Unfortunately, successive governments had failed to examine the logic in India fomenting terrorism here, and hence failed to counter anti-Sri Lanka propaganda. Those wanting to haul Sri Lanka up before an international war crimes tribunal unless President Rajapaksa addressed human rights, ACCOUNTABILITY and reconciliation issues had conveniently forgotten the Indian role. India, due to domestic political compulsions, threw its weight behind a US sponsored resolution against Sri Lanka in Geneva. Recent electoral losses suffered by the incumbent Congress administration at the hands of the BJP will compel it to appease Tamil Nadu further.
Dixit explained lucidly New Delhi’s decision to destabilize Sri Lanka. The outspoken diplomat said that India had no option but to take measures due to Sri Lanka’s evolving security connections with the US, Pakistan and Israel. Dixit stressed that India’s motivations as well as actions Vis-a-Vis Sri Lanka should be analysed in the context of the regional as well as global political, security and economic environment during the 1980-1984 period. Dixit went on to allege that the US and Pakistan exploited the rise of Tamil militancy to create what he called a politico-strategic pressure point against India in the island nation.
Need for a Truth Commission
Sri Lanka is now under pressure to accept a South African proposal to establish a Truth Commission to inquire into the conflict. Those backing the SA move are of the opinion that an agreement on the establishment of a truth Commission can subdue the push for an international war crimes tribunal. Perhaps a Truth Commission or whatever one calls such a mechanism, can help Sri Lanka to prove the culpability of those who had sponsored terrorism here. In case Sri Lanka and South Africa can reach agreement on the proposed Truth Commission, it should be given a mandate to fully investigate the national issue leading to eelam war IV. Such a commission can help prove that Sri Lanka would never have had to transform its ceremonial army to a lethal fighting force if not for the LTTE wiping out a routine army patrol made of troops of the first battalion of the Sri Lanka Light Infantry (1 SLLI) in Jaffna in July 1983.With Dixit publicly admitting Premier Gandhi had authorized ‘active support to Sri Lankan Tamil militants’those interested in establishing ACCOUNTABILITY should seek to establish the circumstances leading to the unprecedented coordinated attack on the 1 SLLI. The LTTE operation was meant to provoke the poorly trained army as well as the Sinhalese. India and LTTE succeeded in their attempt. The rest is history.
Cameron deprived local journalists of an opportunity to pose questions to him. Instead, he invited British, Australian and one Indian journalist to direct questions at him. A representative of a local private television station too, was allowed to direct a ‘full toss’ at him.
The accountability issue here is nothing but an excuse for them to pursue their own agendas. The Conservative Premier Cameron’s motive for playing politics with the issue cannot be different from that of former UK Foreign Secretary David Miliband, who is on record as having told a London based US embassy official how he spent a two thirds of his time on Sri Lanka to appease the Tamil electorate. Similarly, India too is influenced by the Tamil Nadu factor, hence Sri Lanka can expect major political parties to take an extremely hostile approach in the run-up to Geneva.
Major Vikram Singh, played by Bollywood heart throb John Abraham, sent on a special mission to Jaffna peninsula occupied by the Indian army (July 29, 1987-March 1990) uncovered a plot to assassinate Gandhi. In spite of having advanced intelligence, Indian security services failed to protect Gandhi, much to the dismay of those who uncovered the plot.
Madras Café dealt a severe blow to those who had been still trying to promote LTTE ideals, in spite of the group losing its conventional military capability in May 2009. Interestingly, Madras Café was never filmed in Sri Lanka, though the production team could have taken the opportunity. Filmed in Kerala and Tamil Nadu as well as some scenes in the UK, Malaysia and Thailand, Madras Café was released in Sri Lanka too. In the Jaffna peninsula, the movie was shown on giant screens at public places in the run-up to the first Northern Provincial Council polls on Sept. 21, 2013.
India had no option but to turn towards EPRLF leader, K. Pathmanaba, who swiftly accepted the opportunity to contest the NEPC with the backing of the IPKF. The EPRLF leadership realized that the political project couldn’t go wrong due to the direct involvement of the IPKF, which worked closely with the group. The Tamil Eelam Liberation Organization (TELO), the Eelam Revolutionary Organization of Students (EROS) and the People’s Liberation Organization of Tamil Eelam (PLOTE) declined to contest. The IPKF threw its weight behind the EPRLF, which promised the electorate peace, democracy and unity. In spite of the EPRLF being an armed group, the then Elections Commissioner Chandrananda de Silva recognized it as a political party at the behest of the government. The LTTE vowed to annihilate the EPRLF, regardless of IPKF security at its disposal.-vna-1.jpg)
Having won the parliamentary polls in early April 1989, President
Premadasa caused a devastating setback to counter-insurgency operations by
releasing hundreds of insurgents. Although the President’s political colleagues
and the military top brass realized the stupidity of the President’s move, none
dared dispute him. With the release of suspects, the JVP stepped up its campaign
with an all out assault on the government media. Lewke stressed the importance
of the work undertaken by the military and the police to ensure that the
Torrington complex remained operational. Lewke said: The "collapse of operations
there could have had a devastating impact on the overall government counter
insurgency strategy. There could have been chaos if the state media failed at
that time."
President Premadasa felt he could exploit the Indian pullout to his
political advantage. The president’s assertion was based on the premise that his
understanding with Prabhakaran could be transformed into a permanent peace
agreement. Although a section of the UNP as well as the military top brass
feared the President’s project could go wrong, none of them wanted to voice
their concerns. The LTTE cleverly propagated that India’s Research and Analysis
Wing (RAW) was still continuing its destabilization project though the Indian
army quit the country. The LTTE identified one-time Mahaweli Minister and JRJ
confidant Gamini Dissanayake as the person spearheading the Indian agenda here.
On the other hand, one-time National Security Minister Lalith Athulathmudali was
branded as a person promoting Israeli interests here. The allegation was made
subsequent to the closure of the Israeli Interests Section on April 20, 1990.
President Premadasa lambasted Athulathmudali in parliament though he was not
identified by name. The state-run media gave wide coverage to President
Premadasa’s criticism directed at Athulathmudali who expressed doubts about the
UNP leader’s strategy. President Premadasa resented Dissanayake and
Athulathmudali for being critical of his handling of the peace process. When
Dissanayake and Athulathmudali teamed up later to move an impeachment motion
against President Premadasa, an angry President declared in parliament: "…I had
the Israeli Interests Section removed. In such a context, there is nothing to be
surprised about Mossad rising against me. Please remember that there are among
us those who have gone to Israeli universities and lectured there and earned
dirty money."
Some have speculated that President Premadasa, with the help of a
faction led by Gopalswamy Mahendraraja alias Mahattaya plotted to eliminate
Prabhakaran in a lightning operation. That couldn’t have been the case in the
backdrop of assertions that Mahattaya had been under the influence of the Indian
intelligence and Minister Dissanayake too, was plotting against President
Premadasa, with the connivance of India. Instead, President Premadasa allowed
Prabhakaran to flex his muscles by restricting the military presence in Jaffna
as well as the Vanni theatres to very much less than two battalions. A simple
examination of the military deployment would reveal that the President and his
advisors never planned for any eventuality. Although President Premadasa could
have beefed up the military presence in the Northern region, consequent to the
eradication of the JVP threat in November/December 1989 and the Indian army
pullout in March 1990, he did absolutely nothing. Had there been some sort of
understanding with Mahattaya, it would have been shown on the ground. At the
time, the LTTE resumed hostilities during the second week of June 1990, the army
deployment in the Eastern Province comprised just three infantry battalions and
less than two in the entire Northern region.

The LTTE resumed hostilities on the night of June 10, 1990 after having direct negotiations with the UNP administration for 14 months. The ICRC bid was the first such attempt after President Premadasa’s chief negotiator, Minister A.C.S. Hameed made a desperate attempt to work out a deal with the LTTE about a week after the resumption of hostilities.
The then Leading Aircraftman (LAC) P.W. Dissanayake recollected accompanying Minister Hameed in the guise of an employee of the state-owned Rupavahini Corporation (Dissanayake retired in Dec 2008 with the rank of Warrant Officer). Dissanayake said: "There were altogether four of us, including the then Flying Officer Andrew Wijesuriya, who was in charge of the group (Wijesuriya holds the rank of Air Commodore now). The team included LACs, D.M.K. Dassanayake and S.M.A. Jayatissa. We accompanied the minister on the pretext of being a Rupavahini crew assigned to cover the meeting in the LTTE held area. Having reached the end of the area under military control, four of us got into the back of an LTTE vehicle, while Minister Hameed got into another vehicle also driven by an LTTE cadre. We reached the venue for the meeting, though the LTTE denied us access to the meeting though we were allowed to take some footage before the commencement of the discussion. We had lunch there before returning to Palaly in the evening."
Dissanayake recalled the then LTTE commander in charge of Jaffna, Dominic coming in a Pajero to no man’s land to escort them to the meeting. According to him, they had arrived in Palaly along with Minister Hameed earlier in the day in a beechsuper King. The minister’s mission could have gone awry even before he entered the LTTE held area when troops fired at an LTTE vehicle, possibly the one carrying Dominic. The then Major Crishanthe de Silva of the Engineers Regiment had the unenviable task of driving Minister Hameed to the LTTE line (Major General de Silva was recently appointed Chief of Staff, with the elevation of Major General Daya Ratnayake as the Commander of the army). According to Major General de Silva, troops had opened fire as two LTTE vehicles entered the no fire zone, instead of one as agreed earlier. "In hindsight, the then government had been prepared to take unprecedented risks in a bid to bring the LTTE back to the negotiating table. In spite of the LTTE causing heavy losses to the government at the onset of eelam war II during the second week of June 1990, the government pushed hard for a settlement. Minister Hameed’s mission was such an endeavor. In fact, the LTTE went to the extent of firing indiscriminately at the Palaly airfield as Minister Hameed was walking towards the beechsuper King which was parked on the runway. The Minister was rushing back to Ratmalana to brief President Ranasinghe Premadasa of the outcome of his meeting."