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"Those countries afflicted with the menace of terrorism know very well what they have to undergo. These terrorist outfits cannot be contained easily. Our Armed Forces and the Police have had to be extra smart in containing the Liberation Tigers of Tamil Eelam (LTTE). I want to assure you that our Armed forces and the Police are among the most disciplined in the world, and they have great respect for human rights. Any lapses on their part will be promptly investigated and corrective action taken. But I am sad to say that there has been so much of false propaganda against the Sri Lankan Armed forces and the Police that is being taken so seriously by the rest of the world," he said.
Even in highly law-regulated societies of the world, the war against terrorism has taken its toll as evidenced in international debates over domestic and international laws that restrict freedoms and detain people without trial. What President Rajapaksa said would have made an emotional connection, especially with the leaders of third world nations that have and need to take responsibility for their fair share of human rights outrages in the course of governance.
In this context, the expectations of human rights watchdogs that the international community should micro manage the emerging political situation in Sri Lanka is unlikely to be realistic. It is inevitable that the distance between Sri Lanka and the international community will create a degree of doubt in the minds of fair-minded people as to what is really happening in the country. Also, when faced with the choice of accepting the word of a democratically elected President of a country and also that of human rights watchdogs, there may be a natural inclination on the part of foreign governmental decision makers to give deference to the government's version.
One of the hopes, of those interested in ensuring that the rule of law and human rights prevail in Sri Lanka, is for more active international involvement in the country's affairs, especially related to human rights. Even the International Independent Group of Eminent Persons who were invited by the President to observe the functioning of the Presidential Commission of Inquiry into serious human rights violations have announced their desire for an international human rights monitoring mechanism to make a robust and effective contribution to the protection of human rights in the country. Their recommendation is undoubtedly driven by observable infirmities in the Presidential Commission of which they are a part.
On the other hand, over the past several centuries, democratic societies have evolved a set of national institutions to halt human rights violations within their societies. These include the judicial system, law courts, and other institutions, which are a part of the system of checks and balances. The Supreme Court's recent decision that stopped the eviction of Tamil residents living in lodges or small inns and rented accommodation in Colombo showed the value of domestic institutions and their legal and moral authority to check and balance the power of the government.
The difficulty of relying on international bodies for achieving internal change in Sri Lanka has been borne out by the experience of the International Independent Group of Eminent Persons. This body was appointed by President Rajapaksa to deflect criticism that the problem of human rights abuses could not be addressed by simply appointing another Presidential Commission of Inquiry. Therefore, in addition to appointing a Presidential Commission to investigate serious human rights violations, the President also appointed an 11-member group of eminent international persons to observe the workings of the Commission. This group has now written two strong statements about the difficulties faced when working with the Commission.
The lesson is clear that ad hoc and temporary international mechanisms are no substitutes for credible and diligent national institutions. In the recent history of ethnic conflict and human rights violations, no decision has been better implemented than the Supreme Court's decision to halt the eviction of Tamil residents from their lodges or small inns and rented accommodations in Colombo. Not only did the government immediately backtrack on its decision, but also apologized to the victims and brought back those who wished to return to Colombo. The incident also highlights the value of getting other debilitated national institutions back on track, as working together can be the best check on any abuse power of the government.
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(Jehan Perera is executive director of the National Peace Council of Sri Lanka, an independent advocacy organization. He studied economics at Harvard College and holds a doctorate in law from Harvard Law School.)
