Clear distinction drawn between civilians and combatants - Kohona
Statement by Ambassador and Permanent
Representative of Sri Lanka to the United Nations Dr Palitha T B Kohona,
at the UN Security Council Open Debate on May 10, 2011.
Protection of Civilians in Armed Conflict
"While the protection of civilians caught in conflict situations is
critical, the unfortunate politicization and selectivity that
characterizes this discussion has affected its credibility. The
willingness to adopt wild and unsubstantiated allegations made in the
media, even those disowned by senior officials of the UN, is
regrettable. Such an inconsistent approach and the unambiguous tendency
to target the small and the weak for the rigorous application of
principle also affect post-conflict reconciliation in complex country
situations. Difficult reconciliation processes that are successfully
moving ahead are disrupted by insensitive external interventions."
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Ambassador and Permanent
Representative of Sri Lanka to the United Nations Dr Palitha
t B Kohona |
Let me join the previous speakers in thanking France for convening
this open debate under your Presidency. I note the presentations made by
the Under- Secretary-General for Humanitarian Affairs and Emergency
Relief Coordinator, the Under- Secretary-General for Peacekeeping
Operations and the Assistant Secretary- General for Human Rights.
Enhancing protection on ground
We have followed carefully, the issues highlighted at the last
Security Council debate in November 2010. As a country that faced a
brutal terrorist threat for over two and a half decades, and as a
country whose civilians were a constant target of this threat, until the
very end, we see an overarching need to achieve more tangible
differences, especially in enhancing protection on the ground, for the
communities most affected by conflicts. We also emphasize that this
protection task cannot be understood and addressed solely within the
traditional framework, as today's threats require us to be conscious of
a multiplicity of different factors ranging from changing political
realities, socio-economic factors, basic rights of individuals, the
proliferation of small arms, asymmetric warfare, the sophistication of
terrorists, to the complexities of disarmament. We must pay special
attention to vulnerable categories such as women and children who are
increasingly exploited by terrorist groups. A realistic and honest
appraisal of protection issues will help us to identify gaps in the
existing protection policy frameworks and guide our collective efforts
at effectively addressing them in a pragmatic manner.
Respect for Council's principles
It must be stated categorically that Sri Lanka respects the
principles underlined in the Council's thematic resolutions since 1999.
Its commitment is demonstrated in the manner in which Sri Lanka
addressed civilian protection issues during the conflict with the
terrorist LTTE and the speed and efficacy with which it is now
addressing, post conflict issues such as IDP resettlement,
rehabilitation, post-conflict reconstruction and development, and
accountability and reconciliation issues.
Distinction made between civilians and terrorists
During almost three decades of combating terrorism in our country, we
took utmost care to draw a clear distinction between civilians and
terrorists. Those who are intent on dismissing this effort will continue
to do so. But, successive Governments had ensured a continuous supply of
essential goods and services such as food, free health services and
education to the Tamil civilians in the North and the East of the
country over the twenty seven years of the conflict despite the control
that the terrorists had over them. While allegations of infractions have
emerged after the end of the conflict, these allegations were not heard
until the end became abundantly clear to the terrorist LTTE. Once the
end of the terrorists became obvious, a well oiled propaganda machine
began to churn out reams of allegations to set the stage to continue the
conflict by other means.
Engaged with international community
During the conflict, Sri Lanka also engaged closely with the
international community and related human rights and humanitarian
mechanisms, the UN Agencies, the ICRC and local and international NGOs
to facilitate the provision of the needs of civilians in terrorist
controlled areas, despite the constraints imposed by logistical and
security needs. This close cooperation has extended to the aftermath of
the conflict, in providing for the needs of the displaced population, in
their resettlement and reintegration and the reconstruction of their
homes.
New challenges to protect civilians
The nature of contemporary conflicts has posed new challenges to the
approach to protect civilians in conflict situations.
Many of today's conflicts take place within States, and involve non -
State armed groups. Sri Lanka's experience relates, in particular, to
the challenges we faced in protecting civilians in the context of an
internal conflict, a challenge to the State itself, involving a ruthless
terrorist group, the LTTE. In Sri Lanka, the LTTE terrorist group made
the Tamil civilian population a part of their military strategy. The
terrorists' brutal strategy was to create a situation inviting civilian
casualties by forcing civilians to be trained in weapons and take up
arms, recruiting children for combat duties, and herding thousands of
civilians to form human shields and holding them hostage and by placing
heavy guns in their midst, attracting retaliatory fire. Some of the
children were under 12 years of age. UNICEF recorded over 5700 cases of
child recruitment. They withheld food supplies sent by the Government
and diverted these supplies for use by their armed cadres.
Civilians used as human shields
The civilians being used as a human shield by the terrorist group
were our own people. This strategy of the LTTE posed extraordinary
operational challenges to our security forces engaged in combating this
group while ensuring the protection of civilians. The Government, for
its part, adopted a zero civilian casualty policy. Our troops
endeavoured to distinguish between combatants and civilians and the
protection and liberation of the civilians from the clutches of the
terrorist group was their highest priority. Over 280,000 civilians were
eventually freed.
Need to re-evaluate rules of military engagement
In this context, the challenges posed by terrorism in many parts of
the world today may necessitate a re-evaluation of the rules of military
engagement. Much of the rules of war are based on the presumption that
the parties to a conflict are conventional armies of responsible states
engaging other state parties. But terrorists disregard these laws and
principles as they wage asymmetric warfare. They mingle with and use
civilians to achieve their goals. Whether it is one human being that is
held as a human shield or many, the fact remains that theirs is an
inhumane strategy that existing International Humanitarian Law has not
adequately factored in. Once again, the practical realities based on the
experiences of Member States must be seriously looked at instead of a
theoretical application of one size fits all humanitarian framework. One
size does not fit all, and the complex Sri Lankan experience seems to
demonstrate that reality.
Role of State in civilian protection
There is a need to recognize the fundamental role of the State in
civilian protection. In the first instance, the role of Governments in
civilian protection should be respected as it is their primary
responsibility to protect their own citizens. The UN and the
humanitarian agencies must support and assist Governments and in doing
so be sensitive to ground realities, including respect for the
sovereignty of States. External elements cannot be readily substituted
for the State. This is consistent with the Charter of the United
Nations. Access for humanitarian personnel must be respected but one
cannot disregard the State's responsibility to ensure the safety and
security of humanitarian personnel. Terrorists do not distinguish
between military and humanitarian personnel. The assumption that
civilians can best be protected and cared for only by civilian
humanitarian workers from outside the country and specific INGOs which
originate from particular regions of the world contradicts the
fundamental contemporary norm of respecting the sovereign equality of
States.
While the protection of civilians caught in conflict situations is
critical, the unfortunate politicization and selectivity that
characterizes this discussion has affected its credibility. The
willingness to adopt wild and unsubstantiated allegations made in the
media, even those disowned by senior officials of the UN, is
regrettable. Such an inconsistent approach and the unambiguous tendency
to target the small and the weak for the rigorous application of
principle also affect post-conflict reconciliation in complex country
situations. Difficult reconciliation processes that are successfully
moving ahead are disrupted by insensitive external interventions.
SL resettled over 95 percent IDPs
An inevitable consequence of armed conflict is internal displacement.
Internal displacement globally is on the rise. There are over 27 Million
IDP's worldwide according to UN reports. The State has the primary
responsibility not only to provide for the welfare of displaced
civilians in terms of food, clothing, medical care and shelter, but also
to ensure their safety, in keeping with the provisions of the Guiding
Principles on Internal Displacement. Sri Lanka has succeeded in
returning over 95% of the internally displaced to their villages and
towns in a short period of under eighteen months, a success that is hard
to match elsewhere. Psycho-social counselling is being provided.
Elections have been held at the national and local levels to return
democratic governance to all parts of the country.
Human rights based approach
Sri Lanka has adopted a human rights based approach to recovery from
the conflict and the strengthening of democratic governance. We have
within a space of two years, massively scaled down the provisions of the
Emergency Regulations, over 80% of the emergency regulations having been
repealed.
The biggest constraint to a faster resettlement has been the
clearance of uncharted mine fields laid by the terrorist group in
civilian areas, farmlands and roads. It is estimated that the terrorist
group laid around 1.5 million land mines. We continue to rebuild basic
infrastructure in the former conflict-affected areas, including hundreds
of schools, roads, irrigation canals, clinics and houses. The needs of
over 80,000 war widows are being addressed, and Sri Lanka has
successfully rehabilitated and reintegrated over 6500 former combatants,
including 667 former LTTE child combatants, treating them as victims
rather than as criminals, over 17,000 persons have been reunited with
their families, and vastly improved the security and mobility of people
across the length and breadth of the country.
Success story for any post-conflict country
This is by any standard, a success story for any post-conflict
country. In keeping with the recognition that it is first and foremost
the responsibility of States to address infractions of the law, and with
a view to initiating a long term healing process, the Government has
established a Lessons Learnt and Reconciliation Commission to address
reconciliation and confidence building issues, including accountability.
My delegation hopes that the Council discussion on the protection of
civilians will facilitate practical outcomes based on ground realities.
It is for this reason that my delegation has sought to share our
experience, and for all of us to invest greater efforts in preventing
conflicts and their recurrence and to respond practically and
proportionately to situations affecting civilian populations. It is also
our view that punishing the past does not ensure a guilt free future.
Thank you.
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