The Darusman (UN) Report, Beyond Patriotic-Hysteria
“The illusion of destiny extracts a remarkably heavy price”. — Amartya Sen (Identity and Violence)
By Tisaranee Gunasekara
Yasmin Sooka , Steven Ratner and Marzuki Darusman
The mysterious leaking in Colombo of the Darusman (UN) Report was accompanied by a carefully choreographed outbreak of patriotic-hysteria. The President, in a hyperbolic-excess, declared his willingness to brave the electric chair (unaware that capital punishment is rejected by the International Criminal Court!). He also indicated his desire to turn the UPFA May Day demonstration into an anti-UN melee (does this explain the timing of the leak?). His brother, in a warning to India and the West, announced Sri Lanka’s willingness to seek protection by entering Chinese and Russian orbits. The various Rajapaksas acolytes are competing with each other in fear-mongering, as if the UN is amassing a mammoth-force to invade Sri Lanka, tomorrow.
This atmosphere of unreason and nonsense has obfuscated an important reality about the Darusman Report. While extremely critical of the conduct of the Rajapaksa regime, the Report also contains a scathing criticism of the LTTE. It charges the LTTE with “six core categories of potential serious violations: i) using civilians as a human buffer; (ii) killing civilians attempting to flee LTTE control; (iii) using military equipment in the proximity of civilians; (iv) forced recruitment of children; (v) forced labour; and (vi) killing of civilians through suicide attacks.”
Given this unequivocal critique of the LTTE, the Report cannot, logically, be called pro-Tiger. But, as the antithetical treatments meted out to war-hero Fonseka and Tiger-leader KP demonstrate, there is no limit to the illogical heights Rajapaksa-logic can scale, when in need. Exacerbating economic woes (flour and bread price-hikes are the latest) is eroding the feel-good factor created by the victorious conclusion of the war. The regime needs new coagulants to prevent its Southern base from fissuring and the Darusman Report will play this cementing-role for a while. The Rajapaksas will use the Report to ignite a tidal-wave of phobic-patriotism in the Sinhala South, submerging dissent and drowning opponents. Thus the pretence that the Report is a conspiracy by ‘LTTE friendly foreign elements’ to destroy Sinhala-Buddhist Sri Lanka by persecuting its ‘sole’ defenders: the Rajapaksa Brothers.
Ironically, the TNA is assisting the Rajapaksa efforts to conceal the true nature of the Darusman Report. The TNA’s own response to the Report makes no mention of its severe critique of the LTTE. By tacitly consenting to the Tiger’s inhumane treatment of Tamils, the TNA failed its own people in an hour of desperate need. Therefore, acknowledging the Tiger abuses listed in the Darusman Report is, for the TNA, akin to a self-indictment. Tamil politics cannot embark on a journey of democratic rejuvenation until a frank criticism/self-criticism is made of its Tiger past; the Darusman Report, an objective analysis by an impartial entity, is an ideal starting-point for such a journey. Unfortunately the TNA (and most of the Tamil Diaspora) seems to lack the courage to seize this opportunity. And in this failure, the TNA is, inadvertently, helping the Rajapaksas to falsely depict the Darusman Report as a pro-Tiger conspiracy and use it to further stifle dissent in the South and deny basic rights to the North.
The Need for Justice
The Darusman Report was made inevitable by a diabolical lie and a colossal failure on the part of the Rajapaksas. Wars, all wars, kill civilians. The only realistic solution is to take every conceivable measure to minimise civilian casualties and to apologise for them whenever they occur. But the Rajapaksas opted for a cynical policy of total denial; their zero-casualty lie was too preposterously absurd to be even marginally credible. This was accompanied by a horrendous failure to credibly investigate even a single case of human rights violations; everywhere the regime repeatedly promised justice and accountability and delivered the opposite. Even these sins of omission and commission may have been overlooked by the world, had the regime not embarked on a Sinhala-supremacist course, post-war. But with the incarceration of more than 300,000 civilian Tamils in open prison camps, non-removal of the Emergency, non-implementation of the 17th Amendment and non-appearance of a political solution to the ethnic problem, international interest rekindled, paving the way to Darusman Report.
Two recent miscarriages of justice indicate that impunity is in the lifeblood of the Rajapaksas. The Attorney General famously withdrew charges against former parliamentarian Chandana Kathriarachchi for murder and current parliamentarian (and Monitoring MP for Defence Ministry) Duminda Silva for raping a minor; both are UPFA politicos. As the Chief Justice told the BBC, “it is wrong for the Attorney General to withdraw criminal charges filed against a suspect”. If this is the way justice is being dispensed in the Sinhala South, what hope is there that the Rajapaksas will deliver justice to the Tamil North?
The fate of the APRC, a domestic mechanism created by President Rajapaksa to design a political solution to the ethnic problem is relevant here. Whenever the APRC came up with a report, the President rejected it on some pretext. This charade was maintained until the war ended, after which the APRC was euthanized. Under Rajapaksa Rule, domestic mechanisms for justice do not work because the Family is addicted to impunity and obsessed with absolute, eternal power.
The regime’s melodramatic posturing about preventing war heroes from being dragged before international tribunals (is that different from incarcerating the pre-eminent war-hero and threatening to hang him?) are meant to hide another reality about the Darusman Report. Most of the recommendations it makes to the Lankan government (protecting Wanni civilians, investigating disappearances, removing Emergency and ensuring freedom etc) are not just unexceptionable; these are necessary for a for a consensual peace, a democratic future and to prevent the birth of a proto-Tiger entity. Moreover, by implementing some of these recommendations, immediately and dialoguing with the UN about the residue, Sri Lanka can evade the impending slippery-slope into a pariah-state, in the company of North Korea, Myanmar and Zimbabwe.
After listing the allegations against the LTTE, the Darusman Report opines: “All of this was done in a quest to pursue a war that was clearly lost; many civilians were sacrificed on the altar of the LTTE cause and its efforts to preserve its senior leadership.” The Tiger devoured Tamils to prolong the death-throes of its Eelam War by a few devastating days. Though a conciliatory response to the Darusman Report is possible, it will not happen, because the Rajapaksas are willing to ignite an unnecessary conflict with a powerful segment of the international community just to protect and strengthen their Familial Rule. The latest indication of the Rajapaksa determination to tighten their stranglehold on Lankan society is contained in an announcement by the Secretary to the Ministry of Higher Education: “Students who qualify for university education will have to undergo leadership training at a military establishment… (This) would come into effect from May 23….and it would be compulsory” (The Island – 21.4.2011).
Pirapaharan waged the Eelam War not to liberate Tamils but to enthrone himself. The Rajapaksas are committing Sri Lanka to a dangerous course of conflict to protect not national-sovereignty but Rajapaksa-sovereignty. Will we recover from the Rajapaksa-induced miasma of faux-patriotism in time to save Sri Lanka from the looming international-wilderness?
we cannot defeat terrorism verbally.This is play between weppon to weppon.
so whatever happened in a war civilian casualities are unavoidable.
And also our forces did good job to save tamil civilians from LTTE terrorist.
President Rajapaksha took perfect step to defeat terrorism.
So as we srilankan, should support him to overcome whatever the problem he has from UN or Internationaly.
If your forces rescued the civilians,why not international media talk to them???why not let their local MPs talk to them??Why are the curtains closed??
where were you people when the LTTE were killing innocent people (sinhalese, muslims, christians and even their own tamils) for the past 26 years. we desparately needed some one to tell our grievances to during their (LTTE’s) killing spree but none of you bothersd to listen. answer this first fake “BBC and CNN”. you are some guy from the diaspora not BBC or CNN.
http://asiantribune.com/news/2011/04/19/final-days-vanni-600-tamils-shot-and-killed-stray-dogs-first-person-revelation
read this….. and go and see what’s happening in Iraq and Libia. don’t be a joke you BBC and CNN …
Why should we trust the West when NPA built defense bunds for LTTE, David Milliband worked on behalf of LTTE for votes (his words in Wikileaks), Danny Davis visited Vanni all expenses paid by LTTE, England let Balasingham live there, travel with British passport and be honored by a grand funeral, etc. Influential LTTE supporters are certainly going to buy these foreign personnel. These foreign government that operates on behalf of big corporations do not have any regard for their own people. They have even rigged US education and teach them glorified misleading history and social science that does not touch the class structure of negative aspects of capitalism. You got to be kidding to think these people will do good for others.
State terrorism is the root cause for group or individual terrorism.
Put an end of State terrorism, the international community must act swiftly and do the needful.
kumar what a greta person you are? If your wife or sister or daughter was raped and massacred by the brutal force on the verge to save Sri Lanka.
It so easy man!
Darusman may be a hero to you.
But he is a known US agent whom the neocon Paul Wolfowitz groomed over the 1970s in Indonesia and he knows exactly what his masters expect of him.
Only the corrupt ‘frogs in the well’ at the Sunday ‘Leader’ will crawl to these thieves.
Serve some stray dogs at least.
Menika
Excellent article, Tisaranee. Unfortunately, it is destined to be appreciated only by the “un-patriotic” people who truly love Sri Lanka!
Great article. If both parties (Tamils and Sinhalese) could enjoy equal freedom and dignity (not Buddhist dominance at the cost of Tamil suffering) our country will be the next Singapore.
Current corrupt and criminal minded regime will have to take responsibility for the crimes committed including murdering Lasantha Wicremathunga.
This regime will never make Sri Lanka as Singapore as it is only interested in their family and friends not for the people of Sri Lanka
Ya that doesn’t happen overnight. We need to stabilize the country before all this can start don’t you think it is happening now. Just let the government get stable and i think we all should take off our political differences on this case.
IT IS THE FOOLS WHO ELECTED THIS LEADER ..SO ENJOY IT BE IT IS BEING GROOMED AS ANOTHER N-KOREA,SOMALIA,ZIMBAWBE OR MIYANMAR WHERE POLICE SMASH THE SHAVEN HEAD OF BUDDHIST AYATULLAHS
LTTE IS A TERROIST ORGNAISATION NOT BOUND TO ANY LAWS SO DO NOT EXPECT WAR CRIMES AGAINST THEM GUYS.
SRILANLKAN GOVERMENT KILLED ITS OWNS CITZEN AFTER THE WAR.HOW MANY WOMAN GOT RAPED AND CRYING SILENTLY WITHOUT COMING TO PUBLIC.RAPING AND KILLING INTHE NAME OF TIGERS.
Time will come like SF , OR Prbaa Rajapakasa will go one day.
Tisaranee, excellent article to put the UN report in perspective. you are the only writer who continously see the other side and not scared to write. your national and international political perspective and analysis is excellent. i am sure it is appreciated by the silent majority though they have no voice in Sri Lanka. i am sure your life must be grave danger. please take care. The truth will prevail finally one day soon!
The real truth shall make us all free when the full Report is released to the public. The follow-up lies in ensuring restorative justice by the UN because it is dead as the Dodo in Sri Lanka. All the posturing by the regime gone terribly awry in the quest for power has been to to no avail ./
Thisasranee you use big words from the dictionary & write Tommy Rot. No wonder stooges of the west appreciate same. You must thank Gods you believe(if any) that amongst the thousands of innocents killed by the LTTE terrorist, in the North & the South, you are saved to write this rubbish. If you have an axe to grind with the Rajapakse family, please do so independently without using a National News Paper as your spring board. Material in your article is dirty & appalling. Even a man / woman sired by Darusman will not take his side knowing his awful track record. You are fit to be the next MOON at UN. By the way are you in LTTE payroll?
Are you on the payroll of the alleged war criminal Rajapakse regime?
Pen is more powerful than the gun!
The Tamil Diaspora is exposing all the criminal activities of the Sinhala Buddhist Criminal regime that is actually damaging the name of the nation and its’ people.
Fair and democratic minded Sinhalese’ are voiceless due to teh threat of this ruthless regime as they do not want the fate of Lasantha Wicrematunga and other independent journalists.
Mind your words Suren Soysa!
Suren,
Is Rajapakse paying anything to write a coment ?anyway it is clear your knowledge is limited.MR would love to have you on his payroll
I do not recall MR or anyone from his team saying there was zero casualty. This is the first time I hear it. I think the Government said that it did not target the civilians. But that did not mean zero casualty but means it tried to achieve zero casualty of civilians. But can you differentiate between a terrorist and a civilian? I would appreciate an answer from Tissaranee. Thanks.
please know the facts before you start writing.
So,What are you trying say? All 50000 people died are terrorist(during the war GOSL said “Ther were 1000 terrorist fighting”)
A well balanced article, factual and unbiassed.
I will await the release of the report by the UN.
At the outset Imust strate that I am a child of a Sinhala father and a Tamil mother ang thus I obviuosly have no racial bias.
There are more than one angle to this:
1. LTTE was killing innocents indiscriminately, and causing danger to the life and property of the citizens of the country and the property of the state. They had to be defeated., The govt using its military strength did that. No choice- right action.
2. The Rajapakse govt did sate that there were no casualties during the war. The Govt has to now defend its statement. That is tough. Casualties take place in any war and the Govt should have acceded that point, but would have had to do a count of casualties.
3. The Western governments attempted to stop the SL military from defeating the LTTE, by bringing tremendous pressure especially in the last stages of the war. SL govt very rightly did not succumb to that pressure. The state was so close to solving a burning issue and they did not want to go back. The fact remains that the Super Powers who wanted the military to stop its offensive are totally miffed that Sri Lanka stood by its decision and worked towards its victory which the Super Powers never thought they can achieve. So now they are asking for reports et al. How about a report on Afghanistan or Iraq?? Oh no…they were right and SL is wrong.
Did you mean the topically Rajapaksha bashing article by Tissaranee BECK??
All these problems have been created by the Sinhalese leaders who never wished to devolve the power to the Tamils in the North and East as demanded by our late Leader Mr S Chelvanayagam. The god will punish for these sins one day which is inevitable. Even today the government refused to devolve the minimum power required to look after their affairs by themselves. Army officers are everywhere to control the life of the Tamils. Ordinary Sinhalese are nice people but politician creates hatred among the communities. Please devolve the power and live peacefully without any further war. What this report says is 100% True, but no point is pursuing post-mortem of what happened in the war. Thousand of Tamils were killed since 1956 and this not a new thing for Tamils who has lived with these terror for Many years,
No civilized person on earth can support a criminal regime.
GL Pieris must be relieved from his Oxford credentials for his part on delaying the release of UN report to the public and trying hard to cover up alleged war crimes committed and it may be intepreted as a tactic or obstruction to deliver justice by the International Community.
GL Pieris should know well about R2P – Responsibility to Protect.
No criminal can be allowed to rule a nation and this family rule has made progressive Sinhala and Tamils as VOICELESS.
UN report is better late than never and this will be full of cruel and horrors on the Tamil civilians. There are several reports written by global independent human rights groups on the Tamils sufferings. Due to the Sri Lankan biased media and control except the Sunday Leader, those information may not be on the media in Sri lanka.
Thanks to technology and you may google it or on youtube and read and watch the tragedies that are committed by criminals on the civilians in Sri lanka.
Please support and Voice for the VOICELESS!!!!
WILL THE CARDBOARD LEADERS (COURTSY:GEN.SARATH FONSEKA) FLY TO THE HAGUE THEMSELVES BY SRI LANKAN AIRLINES..??? OR WILL BE ARRESTED BY UN FORCE IN COLOMBO AND HANDCUFFED THEN LOAD THEM ON A PRIVATE JET TO THE HAGUE:::????
fair and truthfull. hope sri lankans can see the truth instead of listening to nonsense preached by govt and its poodles like wimal, udaya and champika etc.
Well written balanced article. For people like Suren Soysa all those who writes the truth will be on LTTE payroll. Keep up the good work
The LTTE would never have surrendered. It was the supreme leader the honorable Thalaivar Pirbhakaran’s strict policy that no LTTE fighter should surrender to the Lanka military forces. That’s why he advocated the wearing of the cyanide capsule around every Thamil fighter’s neck so that if he or she was cornered by the lanka forces, it would be better to commit suicide than to be their prisoner. Most brave Thamil fighters did this when they were going to get caught by the lanka forces. Many of the baby brigade consisting of the brave child fighters also strictly followed this instructions. Thalaivar would never have surrendered even if he was injured. He would have most certainly swallowed his cyanide capsule and committed suicide. He had also instructed his bodyguards to shoot and kill him if he was going to get caught to the lanka forces. So please do not dishonor him and insult him by saying he wanted to surrender with a white flag. He was the supreme brave person amongst our Thamil brothers and we should respect him. He died a hero and we must not make him look shameless by saying these false things that he wanted to surrender waving a white flag after he had strictly instructed all his fighters not to surrender to the lanka forces.
You guys see this as a Sinhala v. Tamil issue. We in the west see this as a Human Rights violation. In the west, we respect the Dogs more than you guys treat the humans – especially the way you have treated the Tamils.
I am sure Buddha will be crying for SL and I will be praying for SL.
Yasmin Sooka , Steven Ratner and Marzuki Darusman…have they actually seen what happened? how reliable are their sources? Who are they to do a report on Sri Lanka? F the LTTE and all its supporters and may they rot in hell !
I should tell one thing to ppl in Sundayleader can you just put off your petty political agenda and use your means of media to help develop the great Sri Lanka we were about to loose. Instead of just picking your beggars wound of human rights violation and media freedom. Can you remembers the days of “Bladhariya visin kapana ladee” were was the freedom then and the bombs were still exploding in Colombo. Publish this if you have guts.
Past 30 years, what was happened was forgotten, only they know last 40 days memory, like newly born baby …what staidness.. come with last 30 years report to answered to your matters…
As we Sri Lankans, don’t answered to half questions, we would like to answered to complete questions,, we are not like Europeans practice….
It is absurd to claim that Prabhkaran fought the war not to liberate the Thamils but to enthrone himself. This is one the several canards spread by Sinhala only zealots.
This is a strat of Foregn Tamils.Hey Guys The Srilankan tamils are will educated and live overseas repspted well.So one day we will have something like Israel in Srilanka. Your people are good for parties not to accpect truth
;Look who are the minsters in Srilankan Karun Devandtha, Mervin .
All the tigers are with Government so both are one now.Take KP and Karuna for LTTE and Rajapaksa for Army. Leave lankans peaceffully.
By the way one of the rare article with the truth and Singal extremist can not tolerate thse things