tamilweek.com

By Nikhil Mustaffa

Last afternoon, for a period of time, the sound of incoming shells landing among naval personnel could be clearly heard by all in Trincomalee town. The irony was that, exactly at that time, staff of UNHCR were engaged in discussing a Government approved programme to institute confidence building measures in localities where people had fled due to violence and threat, in the past seven months. For some witnesses yesterday, it was the recurrence of sounds and sights they thought they would never experience again. The town emptied rapidly. It, though, was hardly surprising that insecurity had become the norm, rather than an aberration, for people living in the East.

A report prepared by an agency which has worked closely with many grass root groups, has very troubling findings. Avoiding children from being abducted by armed groups, is a significant pre occupation for parents. Children have been hidden in wells, in paddy stacks and on roofs, in extreme situations. The loss of childhood is aptly captured in this quote:

“Youth is the first victim of war; the first fruit of peace. It takes 20 years or more of peace to make a man; it takes only 20 seconds of war to destroy him.” King Baudouin I, King of Belgium

More generally, the stalled peace process, increasing activities by all concerned parties, to act in a manner in breach of the CFA, violent public face of disputes between the LTTE and groups sponsored and acting against them and the lack of mechanisms which can articulate the sentiments of the affected citizens, troubles many ceaselessly.

Compliance with violence and acting with impunity, further enhances a culture of impunity. In an environment where hostile acts are a daily feature, protecting civilian lives is less of a priority, since the preoccupation is dealing with constant threats and violence directed at soldiers and cadre.

The LTTE controls swathes of territory, as is well known, whilst the Government forces and the ‘Karuna’ phenomenon, control another set of territory. All have the capacity to penetrate and engage in violent acts. Government and humanitarian agencies work in all areas in varying degrees of effectiveness. Local government officials tend to be irregular in their presence, while government activity, in some instances, stop mid afternoon to allow civilians to engage in military training. Many find it difficult to distinguish between the Wanni and ‘Karuna’ groups.

A sample of recent events, over a three-week period, shows up narratives on many ugly forms of violence and intimidation. A mentally deranged, elderly man, who could not comprehend orders to stop his movements, had been shot, a grenade kept by his side and public announcement made as him being an LTTE operative. Thirteen civilians had died in a claymore attack suspected to be the work of a para military group or a deep penetration mission. Fishermen used as human shields to escape firing across lagoon by the LTTE, displacement due to conscription with those affected unwilling to be identified for fear of reprisals, conscription and training in government held territory by armed group, about which the youth say they would go with whoever conscripts them, first, since they have no defense from such groups, open movement and functioning of white van engaged in abductions, those engaged in daily earnings suspending travel to outlying areas due to fear and insecurity, killing of civilians with impunity, by all parties, beach front occupied by armed groups preventing normal fishing activities, enhancing facilities of camps restricting activities of farmers, proliferation of small arms, harassment at checkpoint when crossing between territory held by opposing parties, drop in school attendance, training facilities in non conflict areas with knowledge of security forces and the inability of agencies such as the police to act in most complaints relating to much of these issues which affect civilians, are incidents that deeply trouble the people.

Overall community concerns include the stretching of community coping mechanism, which in the past include moving from territorial control of different groups, which now is not possible with ‘nowhere to run’ situation.

Human rights protection, extended through institutional mandates and action, have become less effective due to periods of non activity and loss of institutional memory on the ‘how’ of protection in difficult circumstances in the midst of what has been described earlier. Compliance with violence and acting with impunity, further enhances a culture of impunity. In an environment where hostile acts are a daily feature, protecting civilian lives is less of a priority, since the pre occupation is dealing with constant threats and violence directed at soldiers and cadre.

Active inclusion of civilians in military training, placement in modest but nevertheless, active military roles means the distinction of being civilians is eroded and they face the threat of being harmed in any early stages of operations, whilst civilian terrain becomes less of a consideration, having become a ‘legitimate target’.

The hope of rapid recovery from the tsunami, the use of the goodwill and resources to deal with scars of the conflict, have all become an elusive dream. The situation now is fending off suggestions of, whether war has begun in earnest again or, if one may see war off for the moment. The current state is symptomatic of the freeze on peace and active destabilization of the parties acting in concert with vested interests. The current configuration of staying in power in Parliament, precludes any serious peace initiatives. Would we care to seriously believe in these beautiful words:

“Without free, self-respecting, and autonomous citizens, there can be no free and independent nations. Without internal peace, that is, peace among citizens and between the citizens and the State, there can be no guarantee of external peace,” Václav Havel, writer and dramatist, last President of Czechoslovakia and first President of the Czech Republic

By the day, nationalistic and chauvinistic calls ring louder, with communities being polarized on lines of ethnicity. Though, war has not been officially declared, the parties to the CFA have essentially gone to war already. The impact on human rights of civilians is anything but inspirational.

Even if considered idealistic, some suggested ways forward, in reliving protection, include: raising awareness of the rights of civilians in particular situations, as defined by international conventions, making widely known redress mechanisms which could be accessed and measures to follow up, facilitating safe and credible channels of communication, linking local, regional, national and international mechanisms, dialogue focusing on keeping structures accountable and keeping them alive to risks and limitation, publicising successes and failures of public mechanisms mandated with protecting civilian interests, documenting requirements which enable compensation for losses, addressing community constrains impeding effective action, including lack of awareness, language barriers, attitudinal barriers, transport limitations, risks and threats, and allowing community base multi ethnic deliberations to deal with issues affecting them.

A suggested agency agenda includes: Coordination of agencies with protection mandates, enhanced field presence, Human Rights Commission is looked to give leadership, general enhancement of concepts of human rights amongst agency staff, regular review at local NGO consortia, meetings, systematic documentation, dialogue to promote best practices adherence by all parties and overall, utilising every possible means to ensure all parties are made to account for their actions now, in the future.

“Cowardice asks the question: is it safe? Expediency asks the question: is it politic? Vanity asks the question: is it popular? But, conscience asks the question: is it right? And there comes a time, when one must take a position that is neither safe, nor politic, nor popular- but, one must take it, simply because it is right,” Martin Luther King Jr.

This is a call to all who should have the courage to do what is right, now, in the face of the gross abuse to human dignity, narrated from the report referred to in this column.

In the face of great failure, one still looks to inspirations and live in the hope that men and women in public service, particularly politics, can look to salvage us from the precipice into which we are descending once more. As this column is closed, this week, more ominous overnight developments in Trincomalee have come to light. This column hopes that our leaders will do what is right because it is right. [Daily Mirror]