12 March 2013, 09:37 PM IST
The insurgency came to an end in Sri Lanka but not without its costs. Regrettably, the Sri Lankan government has failed to initiate any meaningful dialogue or measures to bring about any worthwhile national reconciliation. It has failed to see the need for relieving the sufferings of the affected citizens and the logic of bringing together the Sinhala, Tamil and the Muslim communities as a necessity to maintain the unity and integrity of the country. The plight of the Tamils in the refugee camps, the disposal of those held in detention camps, and the issue of missing persons etc. are yet to be attended to in any significant manner. The so called 13th amendment too is lying in a state of limbo.
Human rights violations
Human rights violations have gone on unabated throughout the conflict both by the Sri Lankan security forces and the Liberation Tigers of Tamil Eelam (LTTE). Alleged war crimes committed by the Sri Lankan Army towards the end of the war in 2009, execution of prisoners by both sides, shortages of food, medicine, etc. for civilians trapped in the war zone, and child recruitment by LTTE are amongst some of the human rights violations committed by both parties. The alleged killing of the LTTE chief's young son in a brutal manner was the most inhuman of all and is unpardonable.
Geneva Conventions prohibit war crimes and Sri Lanka is a signatory to it. However Sri Lanka is not a participant in the Statute constituting the International Criminal Court (ICC) which is responsible for prosecuting individuals accused of serious crimes including war crimes. ICC will take up the war crimes in cases relating to Sri Lankan citizens only if proposed by the UN Security Council, and that is most unlikely. It is therefore not clear how the criminals from both sides involved in human rights violations in Sri Lanka would be held accountable or punished. Have we thought through the repercussions of such an outcome?
These acts of human rights violations and violence against humanity are deplorable and there is no second opinion that the Government of India as a responsible member of the civilized world needs to condemn these violations.
Regional political interests in foreign affairs?
Foreign affairs are the exclusive domain of the Central Government of the Union of India under the Seventh Schedule of the Constitution. What is not understandable is the undue interest shown by the Dravidian parties of Tamil Nadu and their tacit demand, presently subdued, for a separate homeland for the Tamils in Sri Lanka much against the pronouncements of the Central Government espousing a unified Sri Lanka. Dravida Munnetra Kazhagam (DMK), one of the Dravidian parties in Tamil Nadu has also created an umbrella organisation called Tamil Eelam Supporters Organisation (TESO) and has demanded a referendum to seek the people's will on the type of political solution sought to resolve the Tamils' issue.
Sri Lankan Tamils and Tamil of Indian origin
Tamil speaking people in Sri Lanka can be broadly divided into Sri Lankan Tamils and Tamils of Indian origin. The Sri Lankan Tamils believe that their ancestors pre-existed the Sinhalese on the island by almost a few centuries before Christ. They are the original citizens of Sri Lanka and are governed by the Sri Lankan constitution and their laws. They have their voting rights and presently, the Tamil National Alliance (TNA) with 14 seats in the Parliament represents their interests. The only link between these Tamils and the people of Tamil Nadu is their language that too with a distinctly different dialect.
On the other hand, the Tamils of Indian origin were those transported from India in the late 19th century to work in tea, coffee and rubber plantations as laborers. India had an obligation towards these people. They are the ones who are settled in the central highlands and are called the Up – country Tamils. The 1964, 1974 and 1986 bilateral agreements between India and Sri Lanka pertained to the settlement of the statelessness of these Tamils and not Sri Lankan Tamils. Their citizenship issue of these people was settled by 1990.
The question is how are the Sri Lankan Tamils any different from the French Canadians living in Canada? The locus standi of the people of Tamil Nadu in the affairs of Sri Lankan Tamils cannot be any different from that of France with regard to French speaking Canadians. Shouldn't it be similar to the status of the people of Tamil Nadu with reference to Tamils in Singapore where one of the official languages is Tamil? Unfortunately, most in Tamil Nadu are unaware of this difference between the two distinct varieties of Tamil speaking people in Sri Lanka primarily because of the maze created by the political class in the state and hence the unwarranted sentiments.
Indian interests in Sri Lanka
Political solution to the Tamil issue is a matter of concern to India as much as it is to US, UK, Russia or China. Nothing more nothing less. Would we as a nation accept any of our neighbours making similar demands about the internal affairs of our country relating to a state even though they may be neighbours or speaking the same language? Yes the state has a right to express its concerns but it is the larger issues affecting the country that should determine the Governments stand.
India cannot ignore its strategic and other interests while dealing with Sri Lanka. During the insurgency, China was one of its major arms supplier besides being the supporter of their cause in the UN. Of late China has been funding a number of infrastructure projects in the island nation.
Development of Hambantota, the deep water sea port is one such nonmilitary power projection projects of China. It is reported that the sea port is being used as a re – fuelling and docking station by it. By its presence and influence in the region, it aims to contain Indian influence both in Sri Lanka and in the Indian Ocean region.
Indian economic and trade interests cannot be ignored in our dealings with the country. Though India has signed a Free Trade Agreement (FTA) with Sri Lanka in 1998 which became operational in 2000, the proposed Comprehensive Economic Partnership Agreement (CEPA) has failed to take off though the negotiations concluded in 2008.
Law and order – a look at the past
While evaluating options pertaining to Tamils based on the so called Tamil sentiments, the decision makers cannot ignore some of the incidents that took place in Tamil Nadu in 1980s or their relevance to India's security and integrity concerns.
On May 19, 1982 a shootout between Prabhakaran, the LTTE chief and Uma Maheshwaran of PLOTE took place right in the middle of the busy T' Nagar in Chennai. Prabhakaran and his accomplice Sivakumar were arrested by Tamil Nadu police and remanded. On May 25, 1982, Uma Maheshwaran was arrested near Gummidipoondi railway station and at the time of arrest he opened fire with his revolver and another case under the Arms Act was registered against him. There was yet another shootout at Choolaimedu Chennai on the Deepavali day (Nov 1, 1986) by an EPRLF cadre who fired over 60 rounds on innocent civilians over a petty dispute with an auto rickshaw driver. Were all these Sri Lankan citizens in India with valid travel documents? How could they, a set of hooligans from a foreign land roam around freely with weapons and create law and order problem in our country? Are the people of this country prepared to accept such happenings? Which is that rule that authorizes them to carry weapons when our own citizens are prohibited such a facility? Were they punished for their offenses? If they weren't, why? Isn't this a clear case of connivance with some powerful people? Could any Indian have got away in this manner?
There were reports of certain Tamil leaders from Dravidian parties visiting Prabhakaran while the Indian Army was engaged in the insurgency war with the LTTE. It was alleged that these leaders travelled without proper travel documents through the Palk Strait. In May 1987, to everyone's surprise, Panrutti Ramachandran, the trusted lieutenant of MGR announced in the floor of the Tamil Nadu Assembly a donation of Rs 30 million INR to LTTE and Rs 10 million to EROS. What for? Has anyone heard of a state government giving aid to a political or a militant outfit in a foreign country? The IPKF returned to India unnoticed and unwelcomed after sacrificing nearly 1200 soldiers dead and about 2000 wounded. Karunanidhi, the chief minister of Tamil Nadu did not consider it necessary to honor the Indian soldiers again for some parochial considerations.
In yet another episode, on the eve of SAARC meet, MGR ordered 'Operation Disarm' during the course of which LTTE communication equipment in Chennai were seized. But for some unknown reason they were returned immediately thereafter. Rajiv Gandhi's murder by LTTE cadres in Chennai is a pointer to the extent to which security of a country could be compromised if we fail to control parochialism in time.
Considerations for an Indian approach
What was going on in the name of sympathies for the Tamils is hard to explain. The country cannot have a repeat of this irrespective of the sentiments involved. Indian soil cannot become the battle ground for some foreign nationals putting the lives of our own countrymen to danger or violence escalating for any reason. We cannot accept the spectacle of refugees flocking into our land and causing a strain on our resources and job opportunities. The rhetoric by the Tamil Nadu Dravidian parties is a political gimmick intended to arouse the sentiments of the people as a part of the vote bank politics. The long term intents are unclear. In mature democracies, foreign affairs are not guided by considerations of regional politics or parochial issues but by pragmatism governed by a national perspective. India's security concerns, trade and commerce related economic interests cannot be ignored burdening the entire nation to honor some unfounded sentiments of a region.
What is in the interest of Sri Lanka
As for Sri Lanka, it is time its leaders realize that Sri Lankan Tamils are a reality and they are there to stay. Their interests cannot be ignored if Sri Lanka's intentions are to safeguard its national security, sovereignty and integrity. Every single citizen of the country has suffered for over two decades in one form or the other. The country's economy is in a terrible shape. If the country is to prosper, the sooner they initiate a free and an honest dialogue with all the sections of the society and workout an amicable solution, the better it is. It is time everyone put the past behind and look ahead. In the interest of the country's future the people of the country may have to come together to force a reconciliation on its political leaders.
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