Sri Lanka: Indian Abstention at UNHRC: National Interest or Complicity Issue?

Guest Column: By Prof. Ramu Manivannan -30 !ar "0#$

The introduction and passing of the United ations !uman Rights Council "U !RC# resolution $.%&Rev.%.'(Promoting Reconciliation' )ccounta*ility and !uman Rights in +ri $an,a- on ./&01&.0%2 heralds a ne3 page on many fronts in +outh )sia. 4irst' the uninterrupted impunity that the successive +ri $an,an governments have en5oyed in their treatment of Tamils since %627 has finally *een challenged at the international level. +econdly' the 8ndian government has for long conducted itself li,e a school headmaster 3ith the Tamils of +ri $an,a and the Tamils can no3 clearly move ahead 3ith or 3ithout any support of 8ndia. There is more political confidence among the Tamils today than ever *efore. Thirdly' United +tates of )merica' United 9ingdom and other mem*ers of the :uropean Union are e;ual sta,e holders in the future of Tamils and the politics of +outh )sia. 8ndian government and its leadership' in the recent past' has consistently' thro3n a3ay its historical responsi*ilities' moral conscience' geographical preeminence and political potential to stand up for the 3ea, and oppressed people of +outh and +outheast )sia.The realistic situations in Burma' Ti*et and +ri $an,a are only a fe3 pointers to this effect. The so called 8ndian domain has long *een penetrated. 4ourthly' the passing of this resolution 3ith the support of U+)' :uropean Union and the $atin )merican countries and 3ith the resistance of Pa,istan' China' Cu*a "also read as Russia# presents a ne3 polari<ation that 3ill prevail and e=tend to other areas as 3ell 3ith 8ndia falling *et3een the stool 3ithout any self-*elief and courage of conviction. $astly' the vote against +ri $an,a also reveals that the 3ays of )sian democracy cannot *e defended and nurtured 3ith homegro3n solutions alone and the ac,no3ledgement of this transition comes from the shift a3ay from +ri $an,a demonstrated *y Philippines and

8ndonesia. Though Bangladesh has no memory of its o3n past there are more )sian and )frican countries 3arming up 3ell for this transition as 3e need to address su*stantial issues of human rights and 5ustice that cannot *e hidden a3ay in the name of )sian' )frican or Third >orld solidarity. +ri $an,a 3as virtually *reathing out of Pa,istan as ventilator after doing everything it can to defeat the !uman Rights Council Resolution $.%&Rev.%.'-Promoting Reconciliation' )ccounta*ility and !uman Rights in +ri $an,a-. >orse of all' +ri $an,a needed a certificate of democracy from Pa,istan.? >hen the Pa,istan delegation spo,e a*out thriving of political institutions and democracy in +ri $an,a during the de*ate on the resolution on .@&01&.0%2' a 3ave of dis*elief 3ith deep sigh s3ept the house. Pa,istani delegation came *ac, ne=t day ./&01&.0%2 3ith another tric, up their sleeves 3ith ;uestions a*out the financial implications and the availa*ility of resources for the process of international mechanism 3hile this should have *een addressed during the consultative process. U+ delegation reminded Pa,istan' China' and other mem*ers 3ho raised concerns a*out the financial implications a*out three consultative meetings that had already ta,en place in regard to content' process and drafting of the resolution 3ith complete understanding of the implications and assumption of responsi*ilities. China ;uietly too, the *aton from Pa,istan to see, vote on this issue 3ith a ploy of postponing the issue indefinitely and complicate the process *y applying Rule o.%%@. >hile the role of China and Pa,istan can *e understood from the *onhomie that they share among themselves and 3ith the +ri $an,an government' Cu*a continue to suffer from the colour *lindness called the United +tates of )merica. Cu*a needs a fair treatment of its o3n soul and moral conscience. ) final attempt to sa*otage the process of international investigations 3as ta,en up once again 5ointly *y Pa,istan' China and Cu*a see,ing the deletion of Para %0 "a' * A c# of $.%&Rev.%.' (Promoting Reconciliation' )ccounta*ility and !uman Rights in +ri $an,a- "under Rule %.6#. Bespite the U+ clarification and lucid defence of the resolution' these t3o proposals 3ere put to vote and ultimately the passing of resolution process prevailed. The real intent of the 8ndian government needs to *e read from its role in these t3o situations than in the a*stention during the final vote. 8ndia voted for ad5ournment motion under C o )ction Rule o.%%@D and soon voted along 3ith Pa,istan and China for removal of Para %0 "a' * A c# of $.%&Rev.%.' (Promoting Reconciliation' )ccounta*ility and !uman Rights in +ri $an,a-. 8f 8ndian position on the final vote 3as predetermined' then these t3o considerations 3ere the discretions of the )m*assador&Permanent Representative of the Government of 8ndia unless the opinion of the government 3as sought on urgency mode *y 3ire. 8f 3e had already decided to a*stain' 3hy did 3e vote for ad5ournment under ( o )ction Rule.%%@- and deletion of Para %0 "a' * A c# under Rule %.6E 8ndia 3as already in league 3ith +ri $an,a' Pa,istan and China 3ho 3ere prepared to derail the process of international mechanism. The 8ndian

)m*assador is a ,no3n spade and 8ndia 3as dragged into this plot to ,ill the resolution at any cost. The application of discretions *y the *ureaucracy on such crucial conte=ts needs to *e addressed. Given the consistency of *ureaucratic despotism of M:)' the Chief Minister and the Government of Tamil adu should formally ta,e up the su*5ect 3ith the Government of 8ndia at this stage. The 8ndian mas, had melted under the heat of politics inside the U !RC after ma,ing one of the most confusing and mediocre statements su*mitted in defence of its decision to a*stain. The rest is history 3ith 8ndia announcing its decision to a*stain from voting. The result is that 8ndia is 3ith +ri $an,a and 3ill do everything in its capacity to *loc, the process of international investigations li,e it sa*otaged the or3egian led peace process *y covertly encouraging the Mahinda Ra5apa,sa government to e=plore military options as 3ell as remaining indifferent to the peace process. There 3as no room large enough for 8ndia to hide inside the U !RC meeting after gifting an a=e for rolling stones for the road *loc,s caused *y Pa,istan and China. The mem*ers of +ri $an,an delegation could *arely hide their glee and 5u*ilation at the announcement of 8ndian position. There is no guilt or shame in our attempts to *ury the ;uestion of status of thousands of Tamil 3omen in the orth A :ast of +ri $an,a. :ven the +ri $an,an government had recently ac,no3ledged the rapes of Tamil 3omen *y the +ri $an,an soldiers and shed its *urden *y saying that it 3ould address these concerns of the glo*al community as a last minute ditch *attle to save its face *efore the !RC vote. The dehumani<ed conduct of +ri $an,an soldiers against Tamil 3omen and even against dead *odies' denial of food and medicine *y the +ri $an,an government to the victims and survivors of the final *attle as revealed *y the United ations +eccretary General-s report' the use of chemical 3eapons *y the +ri $an,an armed forces' death of /0'000 innocent civilians' disappearances of %2@'/26 Tamils' internment of 100'000 Tamils' torture and violations of human rights of Tamil civilians in the post-3ar period' +inhala settlements' occupation of private and common lands and the militari<ation of orth and :ast remain' according to the 8ndian government' only as concerns for the 8ndian government. 8ndia-s concerns for the Tamils' for record' have never *een translated into recognition of realities. But the vote is for the +ri $an,an government that 3ants to *loc, any credi*le international investigation into these allegations. >hat a decadent state that 8ndia-s foreign policy has *een driven into *y the Congress led UP) Coalition and its small coterie of sycophants scheming 3ithin the Ministry of :=ternal )ffairs "M:)#. !o3 does this act of a*stention' 3hich' in turn is a vote in favour of the +ri $an,an government' constitute as defence of the national interest of 8ndiaE The +tate $egislature and the people of Tamil adu have only as,ed for independent and credi*le international investigations into past violations of international human rights and

humanitarian la3s. >ho are 3e' the people of Tamil adu' to the Government of 8ndiaE >hat is the meaning and relevance of the +tate $egislature and its representation as part of the 8ndian federal system 3ithin the 8ndian Repu*licE 8ndia is a democracy and the 8ndian government should have sho3n a minimal respect to the unanimous resolution of the Tamil adu +tate $egislature and the opinion of the people of Tamil adu regarding the demand for credi*le international investigations against +ri $an,a for the 3ar crimes and the crimes against humanity committed *y the +ri $an,an armed forces and the government authorities. Those 3ho argue that the decision has *een ta,en in vie3 of our national interest' let us not undermine our past that it has never *een our national interest to defend and protect 3ar criminals' oppressors and violators of international human rights and humanitarian la3s. 8f the Government of 8ndia 3ants to cite that 3e have never voted in favour international investigations or mechanism and this resolution' in particular' violates the sovereignty of +ri $an,a' 3e need to remind the policy ma,ers a*out the role and responsi*ilities underta,en *y 8ndia to3ards the people of Bangladesh and the anti-apartheid movement in +outh )frica. This resolution see,s to underta,e a Ccomprehensive investigation into alleged serious violations and a*uses of human rights and related crimes *y *oth parties in +ri $an,a during the period covered *y the $essons $earnt and Reconciliation Commission' and to esta*lish the facts and circumstances of such alleged violations and of the crimes perpetrated 3ith a vie3 to avoiding impunity and ensuring accounta*ility' 3ith assistance from relevant e=perts and special procedures mandate holdersFD The demand for an international investigation is not only against the +ri $an,an government *ut also against the $TT:. Then 3hy does 8ndia 3ant to 5oin 3ith +ri $an,a in preventing an international investigationE $astly' Mahinda Ra5apa,sa' Gota*aya Ra5apa,sa' Basil Ra5apa,sa and 4ormer General +arath 4onse,a have all consistently maintained *oth the during and after the 3ar that +ri $an,a 3as only fighting 8ndia-s 3ar and 3ith the support of 8ndia. This impression has neither *een disapproved nor challenged *y the 8ndian political leadership and the M:) so far. Boes this a*stention at the U !RC resolution $.%&Rev.%.' (Promoting Reconciliation' )ccounta*ility and !uman Rights in +ri $an,a- reaffirm our silence and complicity to the 3ar crimes and crimes against humanity committed *y the +ri $an,an armed forces and the government authoritiesE 8t is not a*out the crisis of consciousness or *etrayal against the Tamils *ut the complicity factor 3ill continue to haunt 8ndia for a long time to come unless the ne3 government in May-Gune .0%2 ta,es ne3 *old steps and amends the set*ac,s in defence of international human rights and humanitarian la3s.
"Ramu Manivannan is Professor A Chair in the Bepartment of Politics A Pu*lic )dministration' +chool of Politics A 8nternational +tudies' University of Madras. !e is the author of a recently launched *oo, in Geneva in March .0%2 on C+ri $an,a : !iding the :lephant H Bocumenting Genocide' >ar Crimes and Crimes )gainst !umanity.D# The vie3s e=pressed are his o3n.