A probe to heal the wounds of war

J R Jayewardene is best remembered, both in Sri Lanka and abroad, for the contribution he made to the San Francisco Conference which produced the Treaty that ended the war between the Allied Forces and Japan.

Known widely as the San Francisco Conference, at this meeting of nations held in September 1951, it is accepted that JR Jayewardene representing what was then Ceylon, played a major role in admitting Japan back into the world community, after the enmities of war.

President JR Jayewardene himself recalled his role at San Francisco when he met President Ronald Reagan as the guest of the US President in June 1984. Referring to his earlier visit to the San Francisco Conference President Jayewardene said: “...the thinking of the people of my country, which was expressed by me on that occasion, was that we should not ask for reparations from a fallen foe who had harmed our land and people also; that we should forgive those who were our enemies, quoting the words of the Buddha that “hatred ceases not by hatred, but by love,” which you, also, Mr. President, just quoted. I pleaded that we should restore to Japan the freedoms of democracy. Those were the ideals which inspired us then and inspire us now.”

“Our history and civilization have survived in an unbroken sequence from the fifth Century B.C. for 2,500 years. There were glimpses of modern democracy even then, as in the appointment of mayors to our ancient cities. The ruins of State buildings still contain carvings in stone where the Cabinet of the kings and their ministers sat.

We were the first in Asia in 1865 to select members to the municipalities that governed our major cities and, in 1931, under universal franchise, to exercise our right to elect the government of our choice,” he said.

Chilcot Inquiry

There is no doubt that the very good relations that Japan has with Sri Lanka owes much to what was then the surprising attitude of a post-colonial and pro-Western Ceylon, expressed by JR Jayewardene. The reference to this event has relevance today, in view of the steps being taken by the Government to establish a ‘Lessons Learnt and Reconciliation Commission’ which has now been passed by the Cabinet, and will soon be named, and begin functioning.

There are some who are already critical of this move, describing it as one more example of Sri Lanka setting up committees when faced with issues that need solution. After all it was the Truth and Reconciliation Commission that helped South Africa overcome much of the painful results of apartheid and move towards the democracy it now is; where a youth leader of the African National Union is being tried for the murder of a leader of the white supremacists who remained supportive of the policies of apartheid.

One wonders what such critics, both in Sri Lanka, will have to say of the Chilcot Inquiry into the United Kingdom’s role in the invasion of Iraq in 2003, with the USA. This inquiry is now proceeding and among the high profile witnesses that came before it were former Prime Minister Tony Blair and later Gordon Brown, who gave evidence as Prime Minister about the role he played as the Chancellor of the Exchequer at the time the invasion was launched and continued it as Prime Minister. Is there a word about war crimes in that probe, and will there be any such demand for such a probe about US drones and Pakistan vis-a-vis Afghanistan?

Process of healing

There are also voices heard criticizing that the Lessons Learnt and Reconciliation Commission will not be a War Crimes Commission. These are critics who have largely concluded that the Sri Lankan Security Forces did indeed commit war crimes, and have steadfastly maintained this position, with hardly any evidence to support their charges; except for the familiar voices of the pro-LTTE expatiates in Western countries, who falsely label themselves as the Tamil Diaspora.

In his address to the Diplomatic Corps in Colombo earlier this week, where President Rajapaksa made it abundantly clear that what was sought was not retributive justice, but rather restorative justice. The aim is the search for reconciliatory justice that can help heal the many wounds of war.

What Sri Lanka needs today is not the continuance of pain, but a process of healing, that will prevent the recurrence of the situations that led to the prolonged conflict; especially the surge of the battle by the LTTE that was seen after it used the opportunities for peace provided by the Ceasefire Agreement of 2002, to carry out more intensified onslaughts on the Security Forces and the public in all parts of the country.

The results of two elections have shown that people of the areas once dominated by the LTTE are keen to join the process of nation re-building. It is the healing of the wounds of war that will help bring new feelings of brotherhood and understanding among sections of the people. One significant feature of the new inquiry will be to see where the accepted norms of behaviour in conflict situations within a country have been violated, which will go a long way in identifying those responsible and also the manner in which they are to be dealt with. Another important aspect, of which little notice has been taken by those who lament the absence of a war crimes probe, is the decision of the government to compensate those who have suffered from the conflict.

These are two major initiatives that should go a long way in strengthening the process of reconciliation, which is the core purpose of this exercise.

Those who demand a war crimes probe are markedly silent about the LTTE’s holding of more than 300,000 civilians as human shields in the final months of the battle, which has been acknowledged by international observers, and should amount to a serious war crime in any assessment. What we need is reconciliation with those victims of the LTTE’s terror as well as those who suffered from military operations.

Cultural relations

Just as J R Jayewardene said at San Francisco, what is needed is not to take revenge from those who caused so much harm and damage to our country, and other countries. Rather it was to see how there could be a restoration of peace, in the context of the historical and cultural relations that had remained strong for centuries, but were painfully disrupted by the war. That is why Ceylon was loud in opposition to reparations from Japan. What was then sought by Ceylon was not retributive justice. But justice that brings about peace and understanding among people.

It is the principle of renouncing hatred in favour of love, tolerance and understanding that makes us seek restorative justice today, in place of the retributive justice sought by those who call for a war crimes commission. Having gone through such painful conflict through nearly three decades, the important lesson is that reconciliation comes through learning and understanding, and not through retribution.