As the delegates prepare for the Geneva peace talks to be held this weekend (28th and 29th October), the usual practice of trading accusations against each other by the government and the LTTE is happening once again.
The government has published statistics of over two thousand deaths alleged to be the result of cease fire violations by the LTTE. On the other hand the LTTE spokesman, before getting into a helicopter to leave for Geneva, said that the government’s violations will be exposed internationally.
If all that happens is business as usual, meaning the customary trading of accusations, then the business of intense warfare between parties will continue as usual. If something positive is to come out of the meeting there needs to be discussion on effective investigations into all violations as these are not mere ceasefire violations but rather gross human rights abuses as pointed out by both local and international sources. If there is to be some opening towards a solution a more effective form of human rights investigation needs to be ensured regarding violations by either of the parties.
On this matter the following considerations arise: is there a credible criminal investigation system within Sri Lanka to conduct impartial and competent inquiries into all the killings and other crimes allegedly carried out by any of the parties concerned? If such a system of investigation does not exist, will mere documentation of statistics of the violations lead to any possibility of improving the present situation. If the present environment that is conducive to continuous violence is to be changed is there any other alternative than to seek the assistance of the United Nations for placing an international human rights monitoring mission in the country in order to deal with all violations of human rights.
That the country has a rogue criminal investigation system is today an undisputed fact. The criminal investigation system has failed to deal with even simple matters of common murder, kidnapping, drug offences and other crimes. There is a national distrust of this system by everyone. The recent revelations in the book published by Victor Ivan entitled ‘Choura Regina – the Rogue Queen’, exposes how even more serious crimes such as the alleged suicide bomb attack on the then President, Chandrika Bandaranaike, has not been properly investigated. He raises doubts as to whether this attack, as well as the attack on the United National Party (UNP) meeting on the same day was suicide attacks by the LTTE at all. Further lists of chilling crimes, allegedly organised from the Presidential Palace itself are listed in this book.
These incidents are just a small number out of thousands of other allegations of human rights abuses that have never been investigated. Therefore, if would be impossible to create any belief within the country that any further abuses would be investigated in a credible manner by a local criminal investigating unit. It is also without dispute that there is no possibility at all of actual criminal justice investigations into the abuses alleged to have been done by the LTTE or any other armed group.
The only way to break this deadlock has been presented to the Sri Lankan government and to the LTTE during the last Human Rights Council by many parties. This was to work towards an international monitoring body to be allowed to monitor the human rights situation relating to the conflict in Sri Lanka. However, the Sri Lankan government resisted this move during the council session which ended in September. The next session is in November of this year and the Sri Lankan issue is still on the agenda.
If during the upcoming peace talks this issue is discussed by both parties this could lead to the creation of at least a small relief from the cycle of violence. If nothing happens beyond the trading of accusations it will further enforce the local and international impression that there is no genuine interest in peace by either party. If there is some hope to be created for the people of Sri Lanka, as well as the international community that prays for the end of human rights abuses and the humanitarian catastrophe, the issue of international human rights monitoring should become part of the agenda of the talks at this time.
