A landmark proposal

In a landmark address to the United Nations General Assembly on Thursday, President Mahinda Rajapaksa made several pertinent points in the context of Sri Lanka's post-conflict development. President Rajapaksa was speaking as the Head of State of the only Nation in the contemporary world that has successfully defeated terrorism, the biggest scourge of modern times.

As the President correctly pointed out, his mandate and challenge is to deliver sustainable peace and prosperity to all and ensure that terrorism will not be able to raise its ugly head again. Indeed, it was a remarkable victory against a formidable foe described by the President as "one of the most brutal, highly organized, well funded and effective terrorist organizations". It was not only a battle against terrorism, it was also a battle to save nearly 300,000 civilians from terror.

Yet, there were many international forces who urged Sri Lanka to desist from engaging in this humanitarian operation. Sri Lanka had every right to defend an attempt by a terrorist group to challenge the country's unitary status and territorial integrity while deflecting efforts to infringe on its sovereignty by certain international forces. These very forces are now seeking to tarnish the image of the Government and the Security Forces on grounds of alleged human rights violations during the humanitarian operation, instead of helping Sri Lanka to overcome the challenges it is facing in achieving lasting peace and development. As the President clearly stressed at the UN, "those who observing from afar, suggesting that the Sri Lankan Government should have conceded to the demands of the terrorists, need to be reminded that terror is terror, whatever mask it wears and however it is packaged".

It is in this context that the President suggested re-examining the capacity of current international humanitarian law to meet contemporary needs. Clearly, there is a lacuna in such laws vis-a-vis situations such as the one that prevailed in Sri Lanka, which battled a terrorist outfit and not a State party. The terror group, the LTTE, had no qualms about keeping civilians as a human shield and firing from their midst. It even fired at civilians who wanted to cross over to Government lines. In the words of the President, it must be remembered that humanitarian laws evolved essentially in response to conflicts waged by the forces of legally constituted States, and not terrorist groups. The asymmetrical nature of conflicts initiated by non-state actors that have no respect whatsoever for human rights gives rise to serious problems which need to be considered in earnest by the international community. For example, how should a State respond if a terrorist group repeatedly rejects the path of negotiations and continues its trail of destruction?

The President explained that the Government "made repeated attempts to engage the LTTE in constructive dialogue". Although the Government believed that dialogue was the best method to resolve any conflict, all these attempts were rejected with reckless arrogance and contempt. "It is in these circumstances that we were compelled to mount a humanitarian operation." International humanitarian laws should be evolved to take such eventualities into account.

It is also best if outside forces do not dictate terms with regard to accountability issues which usually emerge in any conflict. It should necessarily be a homegrown mechanism, for outsiders cannot and will not comprehend the situations that led to the conflict and the measures necessary to foster reconciliation. The President elaborated on this issue in his address. "Sri Lanka recognizes the challenges we face, among the greatest of which is healing the wounds of the recent past. To this end, earlier this year, a Lessons Learnt and Reconciliation Commission has been established, giving full expression to the principles of accountability. We believe that for the rebuilding and healing of our nation to succeed, the process must evolve from within. If history has taught us one thing, it is that imposed external solutions breed resentment and ultimately fail."

The international community certainly does have a role to play in post-conflict Sri Lanka. The country welcomes the support of the international community as it rebuilds. The global community can develop partnerships with Sri Lanka through international trade, investment and capacity building. Sri Lanka will always look for constructive engagement and partnerships. Indeed, there are many lessons the world can learn from Sri Lanka's experience in the battle against terrorism unleashed by the brutal LTTE. President Rajapaksa's speech to the UN General Assembly will no doubt mark a turning point in this regard.