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India's complicity to Sri Lanka's war crime exposed in Geneva

Despite the merits and demerits of the binding resolution passed at UNHRC's 25 th Session, which mandated UNHRC High Commissioner to launch an international investigation into the credible allegations of war crimes in Sri Lanka, India's position in Geneva has virtually exposed its complicity to war crimes and ongoing campaign of genocide against Tamils in the island nation.

India, which voted in favour of previous resolution critical of Sri Lanka's human rights record at the UNHRC session, not only abstained from voting but actively worked hard to dilute and undermine resolution calling for an international impartial investigation into the crimes.

Barely a month after her fact-finding visit to Sri Lanka in August last year, UNHRC chief Navi Pillay issued an ultimatum to Sri Lanka to show clear progress towards reining in rights abuses and investigating suspected war crimes by next March, or face an international probe.

Being a country that often takes the moral high ground as a "big brother" in finding a just political solution to the ethnic Tamils in the neighbouring Sri Lanka, it is India which should have ideally brought in a relatively robust resolution against Sri Lanka with regard to truth, accountability and justice that are pre-requisite for any post-war reconciliation between the communities.

Supporting Pakistan-led resolution 

Notwithstanding its regional geo-political interests and rivalry, India awfully went to the extent of voting along with its regional rival China in favour of a separate vote on a Pakistan-led proposal that sought to stop the OHCHR-led international investigation from taking place in Sri Lanka. By doing this, India has grossly ignored not only the long suffering of the Tamil people in Sri Lanka's North-East, but also the will and the sentiments of its own people in the Southern State of Tamil Nadu.

India which openly claimed to have supported the Sri Lankan militarily campaign to defeat the Tamil Tigers inevitably to only neutralise China's influence on Sri Lanka, has supported here a resolution on Sri Lanka sponsored by Pakistan and supported by China. This came barely two days after the ruling Congress Party of Sonia Gandhi, in its election manifesto, wowed to support a war crime investigation against Sri Lanka, if it is re-elected to power.

Expressing India's concerns, its Permanent Representative to UN offices in Geneva Ambassador Dilip Sinha told the Council, minutes before the voting that the "resolution has the potential to hinder the efforts of the country rather than contribute constructively to its efforts, and hence inadvertently complicate the situation".

"It has been India’s firm belief that adopting an intrusive approach that undermines national sovereignty and institutions is counterproductive. Any significant departure from the core principle of constructive international dialogue and cooperation has the potential to undermine efforts of this Council for promoting universal respect for the protection of human rights and fundamental freedoms," the Indian envoy said.

'Big brother' reduced to a mere spectator

Many analysts believe that India has lost its trump card on the ground by helping the Rajapaksa administration to completely wipe out the Tamil Tiger rebels in May 2009. But the successful voting at the UNHRC on a resolution co-sponsored by the US and the UK despite its opposition has seriously and irreparably dented India's leverage and clout over Sri Lanka in the international arena.

Considering the fact that Sri Lanka has out-rightly rejected Geneva resolution as one that undermines its stated sovereignty, it would increasingly be subjected to international interventions and interferences in the near future, with OHCHR being mandated to "carryout a comprehensive independent investigation". The OHCHR is also asked to "present an oral update to the Human Rights Council at its twenty-seventh session, and a comprehensive report followed by a discussion on the implementation of the present resolution at its twenty-eighth session".

This has practically placed India in an awkward position with regard to the international investigation on Sri Lanka's war crime. It can neither be part of the international probe nor prevent it from taking place. As far as Sri Lanka is concerned, the 'India factor' is doomed by all means. From now on, it cannot play "the big brother role" on Sri Lanka both locally and internationally. And this means India has been reduced to a mere spectator, with "external powers" authoritatively taking upper hand in the subcontinent. It has more powers to be paranoid of, not just China.

"Back-stabbing once again"

Sri Lanka's leading Tamil party, the Tamil National Alliance (TNA) has vehemently condemned India's stand on the Geneva resolution, accusing it of "back-stabbing once again" for its attempt to prevent an international probe into the massacre of hundreds of thousands of Tamils.  

Senior members of the vibrant Jaffna civil society have also expressed their dismay over India's position in Geneva.

"TCSF expresses appreciation for those countries that sponsored and voted for the resolution. We are extremely disappointed that India chose to abstain during the vote on the full text of the resolution and to vote for the motion that sought to delete the paragraph (Operative Paragraph 10) in the resolution authorising the OHCHR to undertake investigations," Bishop of Mannar Rayappu Joseph and Jaffna University Senior Lecturer Kumaravadivel Guruparan said in a statement issued on behalf of the Tamil Civil Society Forum (TCSF) on Thursday.

Need for robust int. mechanism

"We deeply regret that this resolution does not provide for the establishment of a robust mechanism of international investigations in the form of an International Commission of Inquiry. We are also concerned that the Office of the Human Rights Commissioner's mandate for investigations has been limited to the Lessons Learnt and Reconciliation Commission's time framework. The resolution does not explicitly provide her office the authority to investigate ongoing violations," they said.

Commenting on various aspects of the resolution passed, specifically the Operative Paragraph 6 of the resolution, the duo said that the 13th amendment to the existing constitution "provides no basis for a political solution to the Tamil question.

"The narrative of the preambular paragraphs, we note with regret, does not take into consideration the specificity of the problems faced by the Tamils. We are concerned that despite the resolution and the debate leading up to it, the plight of the Tamils continue and continue to escalate. We wish to stress upon the International Community, the need to take bold, firm and decisive steps that will be necessary to address the ongoing suffering of the Tamils," they urged.

© JDS