Call for action by expats

In my article, published in The Island on 02.02.2021, ‘UNHRC: Truth and Reconciliation and the Tamil parties,’ I suggested that the government should, as the first step towards Truth and Reconciliation, ‘hold the TNA and the other Tamil political groups, that have an Eelam as their agenda, accountable. Let them be brought to justice for their actions in the courts of this country as per requirement of the UNHRC.’

Reading Mr. Jehan Perera’s (JP’s) article published on the same page -‘Govt. needs to start implementing its plan for reconciliation’- it seemed to me that the present High Commissioner for Human Rights, Michelle Bachelet and I are of a similar mind! Meaning, I do agree that those who are responsible ‘for crimes against humanity’ and ‘war crimes’ should be brought to justice.

JP, in his article, states that ‘The recommendations made in the High Commissioner’s report are dangerous.’ He goes on to state ‘in addition, there is an invitation to countries to take independent action against those deemed to be human right violators on the basis of universal jurisdiction.’ JP’s main concern – the danger he considers – is that ‘it can place members of the government and security forces vulnerable to having legal cases and summons placed before them, while they are in transit in foreign countries’. According to JP, ‘the doctrine of universal jurisdiction allows national courts to try cases of crimes against humanity and war crimes, even if these crimes are not committed in the national territory and even if they are committed by government leaders of other states.’

As one can see, though JP interprets universal jurisdiction against government officials and security forces of this country, there is no such implication for any particular government, or a person, in the statement per se. It is against ‘crimes against humanity and war crimes’; which allows for a significant latitude when one considers it. This would be particularly so when one considers that, Mohan Peries – our Permanent Representative to the UN – stated on the evening news (Derana-01.01.2021), that it was regrettable that the UN itself had ‘yet to agree on common definition of terrorism’! For example, one could argue that the government/government officials and security forces of India be guilty, considering that they were at one time responsible for training LTTE cadres. Also private companies/governments that sold arms and ships to the LTTE could be included.

The Island

editorial of the same day, ‘War crimes’ – also addresses this issue; albeit from a point of view of looking at the duplicity of international bodies, when it comes to investigating and meting out justice on human rights issues. The editorial draws attention ‘to see if the universal jurisdiction, advocated by the UNHRC chief, will apply to Adele Balasingham, the former trainer of female LTTE suicide cadres. There is irrefutable evidence that she was a senior leader of the LTTE, which, the UNHRC says, has also committed war crimes.’

Taking the above observation from the editorial, and JP’s statement that this pronouncement by the High Commissioner ‘has the possible consequence of opening the floodgates to a whole host of lawsuits filed by aggrieved individuals and human right organisations,’ let us make this the starting point.

I would like to invite all the expats, who read this paper, and have a genuine love for this country, a sense of duty, those who crossed the oceans the year before last – to vote in a man, who they believe, will change the path of this country to open the floodgates, to show the world who actually has committed, ‘crimes against humanity’ and ‘war crimes’.

Dr. SUMEDHA S. AMARASEKARA