Thursday, January 22, 2009
Compliance Issues with HR 2764 of the 110th US Congress – the Case against US Embassy in Colombo and the US State Department.
Compliance Issues with HR 2764 of the 110th US Congress – the Case against US Embassy in Colombo and the US State Department.
By: Tom Webber
Courtesy: TCNR - January 21, 2009
http://www.tamilcanadian.com/page.php?cat=61&id=5671
Tamil Diaspora just watches helplessly as the Tamil genocide in the North of Sri Lanka continues unabatedly. Hundreds of thousands of Tamils are made to wander in the open to avoid bombing from air and ground without food, medicine and proper protection. Daily, one hears about a steady stream of civilian casualties caused by aerial bombardment. Tamil civilians are constantly abused by the armed forces of Sri Lanka in the name of fighting terrorism. Repeatedly Tamils had said they did not want to belong to a nation that had their second class citizenry stamped in the Constitution and imposed with its military. How clearer could they be? Neglected even when a tsunami of a great magnitude devastated their areas and now being cowed down by an imposing military aided by all militaristic nations near and far, the Tamils of Northern Sri Lanka now face extinction. If they were animals they would been granted the status of endangered species many years ago. The white van abductions, media suppression, corruption and fanning of chauvinism go unabated in the Southern Lanka.
More critical is the tragedy of the internally displaced and the ghettoing of Tamil areas in a manner similar to Gaza in the North. .The affected populace is helplessly crying for help. Now that their own fighting force is marginalized so are their pleas for help. The US, by its own bragging, a champion of human rights, is simply not only watching this genocide, but aiding in the deliberate killing of Tamils by the Sri Lankan Government. The overarching theme of fighting terrorism and a perceived need to claim to the world that the US is not just against the Islamic Fundamentalist terror, the machines of defense apparatus are vey keen on seeing to it that the LTTE is eliminated. The formula based, US approach of categorizing terrorists of recent past, now politically challenged by Mr. Obama and Ms. Hillary Clinton and the vigor of fighting the so called terrorists that ensued even by illegal means was the hall mark of the defense establishment. The two-faced nature of US foreign policy, if ever there was a coherent and overt one, emphasizing on one hand, human rights and on the other hand covertly approving such abuses by “ friendly governments” will not definitely subscribe to the necessary moral standards required of a Nation claiming to have a Perfect Union. The eagerness to fight a winning war against so called terrorists by the defense establishment is enhanced now that their war against real terrorists is a losing one. The weakness in this approach is the lack of efforts in building up alternatives to LTTE through grass roots support from affected Tamil populace. Because of biased media, the policy makers cannot see through the fact that, in the Tamil mind, there is no allegiance to the welfare of Tamils by the Sri Lankan government and they had thrown their lot with LTTE. Thus, it is inevitable that a workable peace process could be implemented only through working with the LTTE..
Unlike India, which also grossly aids in this genocide, again in the name of being even keeled about separatists within and outside its borders, the US has legislation that would stop its machinery from aiding the Sri Lankan Government (SLG). India does not heed to the cries of the Tamil Nadu Government who have told the Central Government in unequivocal terms that no help should be provided to SLG. The democracy in India is heavily tilted towards the corrupt powerful with vested interests and it would be difficult for this group to see the success of a grass roots fighting force. The anti-Tamil US-India nexus is primarily driven by the US Embassy, now, largely ignoring the HR 2764 of 2008 and is covert. Sri Lanka observers see a couple of phenomena that would subscribe to the hypothesis of possible covert operations by US resulting in heightened levels of human rights crisis in the Isalnd, in the name of fighting terrorism.
The silence over Mr. Gothabaya Rajapakse’s high-handed approach in all matters of SLG, the repeated appearance of US Commanders in the Island against the spirit of the HR 2764, the treatment of Tamil suspects in Guantanamo style by Sri Lankan military and the constant ignoring by the US Embassy in Sri Lanka as the genocide proceeds would easily point out to a collusion in the Sri Lankan case. The media support for this operation derived through such mechanisms as University Teachers for Human Rights (UTHR), a sabbatical for Hindu Reporters Nirupama Subramaniam in Harvard are also seen as the multi-pronged approach in demonizing the Tamil struggle in Sri Lanka. The efforts of the US in recruiting Indian media help is obvious for everybody to see. The likes of N. Ram of Hindu, Subramaniam Swamy and Cho Ramasamy, supported covertly, continue to portray Tamil struggle as terroristic and nothing more. Not withstanding the real ground truth, these media men would have everybody believe that, the Rajapakse Regime is so caring of Tamils and Tamil rights in the Isalnd. One could easily see the chicanery of N. Ram of Hindu by the award of Sri Lanka Ratna and of the Best Asia Journalist award in 2008 by the SLG which now stands accused of repressing the media and of killing Mr. Lasantha Wickremathunge, the Editor of Sunday Leader.
It is not far fetched to see that the Rapajapkse’s acts of impunity could have been aided by possible US assurances given behind the scenes. The Indian assurances come in the wake of US assurances. Ambassador Blake’s comments in the case of the recent killing of Mr. Lasantha Wickrematunge came very late in the timeline after his near silence on even worse abuses through the white van abduction issues, civilian killings in the North and the human rights and humanitarian crisis in Vanni. The US Embassy in Colombo has not been proactive in ensuring clauses of HR 2764.
It may be good to review the Relevant clauses of the HR 2764 at this juncture. They are: SEC. 699G. (a) None of the funds appropriated by this Act under the heading `Foreign Military Financing Program' may be made available for assistance for Sri Lanka, no defense export license may be issued, and no military equipment or technology shall be sold or transferred to Sri Lanka pursuant to the authorities contained in this Act or any other Act, unless the Secretary of State certifies to the Committee on Appropriations that—
(1) the Sri Lankan military is suspending and the Sri Lankan Government is bringing to justice members of the military who have been credibly alleged to have committed gross violations of human rights or international humanitarian law, including complicity in the recruitment of child soldiers;
(2) the Sri Lankan Government is providing access to humanitarian organizations and journalists throughout the country consistent with international humanitarian law; and
(3) the Sri Lankan Government has agreed to the establishment of a field presence of the Office of the United Nations High Commissioner for Human Rights in Sri Lanka with sufficient staff and mandate to conduct full and unfettered monitoring throughout the country and to publicize its findings. (b) Subsection(a) shall not apply to technology or equipment made available for the limited purposes of maritime and air surveillance and communications.
How did, despite House Resolution (HR) 2764, a US Army Commander show up on the Northern war front of Sri Lanka with the Sri Lankan military brass in December of 2008 ignoring restrictions imposed under Section 699G? Why did not Major General of Pacific Command Tom Conant visit and assess the humanitarian crisis in the North inflicted by military operations by Sri Lanka? He and his colleagues, in contravention to HR 2764 met with army personnel and politicians, now that there is proof that the SLG itself has engaged child soldiers. General Conant met with former rebels who have been accused of recruiting child soldiers. Is this not contravention of Section 699G?
Why is Ambassador Blake very silent about the white van abductions in Colombo and in the Northern part of the Island in public? Why has not the US Ambassador pushed for the reforms expected in HR 2764? What did the State Department do between September 24th when Secretary Boucher expressed concerns about humanitarian crisis and now, through which time there is hardly any movement on the issue? A statement from Ambassador Blake from Colombo would have done more good for HR 2764 compliance than the Statement from Wsahington did not have courage like Ambassador Weerth of Germany to speak against the killing of Mr. Weerathunge. Consistently. The Ambassador had been beating up on the Tamil side, indicating his propensity towards non-compliance with HR 2764.
An example of being in collusion with the Sri Lankan genocide by the small officialdom of the US Embassy is clear by the statement from Deputy Spokesman Robert Wood on attacks on media and the killing of Mr. Lasantha. Wickrematunge. There was no reference to the Vanni humanitarian crisis nor was there any reference to the prior killing of other journalists. This cry from the US State Department is definitely hypocritical. While maintaining silence when scores of civilians continue to get killed and left without any means to mend for themselves in the North to worry only about happenings in Colombo is the utmost crime of this officialdom. It is in this act of imbalance, you see the collusion between the dark and irrational elements of the US defense establishment, the US Embassy in Colombo and the Rajapakse regime.
The basic questions to the US State Department and the Defense Establishment in light of compliying with HR 2764 are:
What have you done regarding implementing House Resolution HR 2764?
Why is the US silent about the Tamil Genocide and why is it aiding and abetting a government engaged in such genocide and human rights violations?
What has the US done to listen to the opinions of ordinary Tamil folks affected by the war?
Now that Kilinochchi is a liberated area and out of LTTE control what is the delay in a visit by US Embassy official to assess the humanitarian crisis there?
Why was the US Embassy always silent about the crisis in Vanni?
Why no help was offered by the US Embassy for war affected people in Vanni? Why was no help from USAID offered in this case?
What is the stance regarding the war affected populace in the North?
If LTTE is a terrorist organization, why is the delay in declaring Sri Lanka a rogue Nation now evidence is available indicating that it qualifies for it?
If HR 2764 prohibits the export of cluster bombs, would not that use by GSL be requested to be stopped?
What us the position of the State Department regarding the use of cluster bombs now that the evidence of such use by GSL is available?
The reforms expected in HR 2764 of Sri Lanka have never taken place. In fact the violations have increased. Repeatedly, the Tamil Diaspora and human rights organizations have indicated that the Sri Lankan crisis is another Darfur. It is sad that the US small officialdom in Colombo, duped by a host government bent on genocide of its minority, faisl to perceive the gravity of the situation. Perhaps, one should live through such terrible conditions in the open, without food and medicine, constantly made to wander and bombed from air to get a sense of this tragedy. I challenge reporters and opinion writers from the foreign media, including the Sinhalese media to reside with the suffering population at least for a week and then report.
By: Tom Webber
Courtesy: TCNR - January 21, 2009
http://www.tamilcanadian.com/page.php?cat=61&id=5671
Tamil Diaspora just watches helplessly as the Tamil genocide in the North of Sri Lanka continues unabatedly. Hundreds of thousands of Tamils are made to wander in the open to avoid bombing from air and ground without food, medicine and proper protection. Daily, one hears about a steady stream of civilian casualties caused by aerial bombardment. Tamil civilians are constantly abused by the armed forces of Sri Lanka in the name of fighting terrorism. Repeatedly Tamils had said they did not want to belong to a nation that had their second class citizenry stamped in the Constitution and imposed with its military. How clearer could they be? Neglected even when a tsunami of a great magnitude devastated their areas and now being cowed down by an imposing military aided by all militaristic nations near and far, the Tamils of Northern Sri Lanka now face extinction. If they were animals they would been granted the status of endangered species many years ago. The white van abductions, media suppression, corruption and fanning of chauvinism go unabated in the Southern Lanka.
More critical is the tragedy of the internally displaced and the ghettoing of Tamil areas in a manner similar to Gaza in the North. .The affected populace is helplessly crying for help. Now that their own fighting force is marginalized so are their pleas for help. The US, by its own bragging, a champion of human rights, is simply not only watching this genocide, but aiding in the deliberate killing of Tamils by the Sri Lankan Government. The overarching theme of fighting terrorism and a perceived need to claim to the world that the US is not just against the Islamic Fundamentalist terror, the machines of defense apparatus are vey keen on seeing to it that the LTTE is eliminated. The formula based, US approach of categorizing terrorists of recent past, now politically challenged by Mr. Obama and Ms. Hillary Clinton and the vigor of fighting the so called terrorists that ensued even by illegal means was the hall mark of the defense establishment. The two-faced nature of US foreign policy, if ever there was a coherent and overt one, emphasizing on one hand, human rights and on the other hand covertly approving such abuses by “ friendly governments” will not definitely subscribe to the necessary moral standards required of a Nation claiming to have a Perfect Union. The eagerness to fight a winning war against so called terrorists by the defense establishment is enhanced now that their war against real terrorists is a losing one. The weakness in this approach is the lack of efforts in building up alternatives to LTTE through grass roots support from affected Tamil populace. Because of biased media, the policy makers cannot see through the fact that, in the Tamil mind, there is no allegiance to the welfare of Tamils by the Sri Lankan government and they had thrown their lot with LTTE. Thus, it is inevitable that a workable peace process could be implemented only through working with the LTTE..
Unlike India, which also grossly aids in this genocide, again in the name of being even keeled about separatists within and outside its borders, the US has legislation that would stop its machinery from aiding the Sri Lankan Government (SLG). India does not heed to the cries of the Tamil Nadu Government who have told the Central Government in unequivocal terms that no help should be provided to SLG. The democracy in India is heavily tilted towards the corrupt powerful with vested interests and it would be difficult for this group to see the success of a grass roots fighting force. The anti-Tamil US-India nexus is primarily driven by the US Embassy, now, largely ignoring the HR 2764 of 2008 and is covert. Sri Lanka observers see a couple of phenomena that would subscribe to the hypothesis of possible covert operations by US resulting in heightened levels of human rights crisis in the Isalnd, in the name of fighting terrorism.
The silence over Mr. Gothabaya Rajapakse’s high-handed approach in all matters of SLG, the repeated appearance of US Commanders in the Island against the spirit of the HR 2764, the treatment of Tamil suspects in Guantanamo style by Sri Lankan military and the constant ignoring by the US Embassy in Sri Lanka as the genocide proceeds would easily point out to a collusion in the Sri Lankan case. The media support for this operation derived through such mechanisms as University Teachers for Human Rights (UTHR), a sabbatical for Hindu Reporters Nirupama Subramaniam in Harvard are also seen as the multi-pronged approach in demonizing the Tamil struggle in Sri Lanka. The efforts of the US in recruiting Indian media help is obvious for everybody to see. The likes of N. Ram of Hindu, Subramaniam Swamy and Cho Ramasamy, supported covertly, continue to portray Tamil struggle as terroristic and nothing more. Not withstanding the real ground truth, these media men would have everybody believe that, the Rajapakse Regime is so caring of Tamils and Tamil rights in the Isalnd. One could easily see the chicanery of N. Ram of Hindu by the award of Sri Lanka Ratna and of the Best Asia Journalist award in 2008 by the SLG which now stands accused of repressing the media and of killing Mr. Lasantha Wickremathunge, the Editor of Sunday Leader.
It is not far fetched to see that the Rapajapkse’s acts of impunity could have been aided by possible US assurances given behind the scenes. The Indian assurances come in the wake of US assurances. Ambassador Blake’s comments in the case of the recent killing of Mr. Lasantha Wickrematunge came very late in the timeline after his near silence on even worse abuses through the white van abduction issues, civilian killings in the North and the human rights and humanitarian crisis in Vanni. The US Embassy in Colombo has not been proactive in ensuring clauses of HR 2764.
It may be good to review the Relevant clauses of the HR 2764 at this juncture. They are: SEC. 699G. (a) None of the funds appropriated by this Act under the heading `Foreign Military Financing Program' may be made available for assistance for Sri Lanka, no defense export license may be issued, and no military equipment or technology shall be sold or transferred to Sri Lanka pursuant to the authorities contained in this Act or any other Act, unless the Secretary of State certifies to the Committee on Appropriations that—
(1) the Sri Lankan military is suspending and the Sri Lankan Government is bringing to justice members of the military who have been credibly alleged to have committed gross violations of human rights or international humanitarian law, including complicity in the recruitment of child soldiers;
(2) the Sri Lankan Government is providing access to humanitarian organizations and journalists throughout the country consistent with international humanitarian law; and
(3) the Sri Lankan Government has agreed to the establishment of a field presence of the Office of the United Nations High Commissioner for Human Rights in Sri Lanka with sufficient staff and mandate to conduct full and unfettered monitoring throughout the country and to publicize its findings. (b) Subsection(a) shall not apply to technology or equipment made available for the limited purposes of maritime and air surveillance and communications.
How did, despite House Resolution (HR) 2764, a US Army Commander show up on the Northern war front of Sri Lanka with the Sri Lankan military brass in December of 2008 ignoring restrictions imposed under Section 699G? Why did not Major General of Pacific Command Tom Conant visit and assess the humanitarian crisis in the North inflicted by military operations by Sri Lanka? He and his colleagues, in contravention to HR 2764 met with army personnel and politicians, now that there is proof that the SLG itself has engaged child soldiers. General Conant met with former rebels who have been accused of recruiting child soldiers. Is this not contravention of Section 699G?
Why is Ambassador Blake very silent about the white van abductions in Colombo and in the Northern part of the Island in public? Why has not the US Ambassador pushed for the reforms expected in HR 2764? What did the State Department do between September 24th when Secretary Boucher expressed concerns about humanitarian crisis and now, through which time there is hardly any movement on the issue? A statement from Ambassador Blake from Colombo would have done more good for HR 2764 compliance than the Statement from Wsahington did not have courage like Ambassador Weerth of Germany to speak against the killing of Mr. Weerathunge. Consistently. The Ambassador had been beating up on the Tamil side, indicating his propensity towards non-compliance with HR 2764.
An example of being in collusion with the Sri Lankan genocide by the small officialdom of the US Embassy is clear by the statement from Deputy Spokesman Robert Wood on attacks on media and the killing of Mr. Lasantha. Wickrematunge. There was no reference to the Vanni humanitarian crisis nor was there any reference to the prior killing of other journalists. This cry from the US State Department is definitely hypocritical. While maintaining silence when scores of civilians continue to get killed and left without any means to mend for themselves in the North to worry only about happenings in Colombo is the utmost crime of this officialdom. It is in this act of imbalance, you see the collusion between the dark and irrational elements of the US defense establishment, the US Embassy in Colombo and the Rajapakse regime.
The basic questions to the US State Department and the Defense Establishment in light of compliying with HR 2764 are:
What have you done regarding implementing House Resolution HR 2764?
Why is the US silent about the Tamil Genocide and why is it aiding and abetting a government engaged in such genocide and human rights violations?
What has the US done to listen to the opinions of ordinary Tamil folks affected by the war?
Now that Kilinochchi is a liberated area and out of LTTE control what is the delay in a visit by US Embassy official to assess the humanitarian crisis there?
Why was the US Embassy always silent about the crisis in Vanni?
Why no help was offered by the US Embassy for war affected people in Vanni? Why was no help from USAID offered in this case?
What is the stance regarding the war affected populace in the North?
If LTTE is a terrorist organization, why is the delay in declaring Sri Lanka a rogue Nation now evidence is available indicating that it qualifies for it?
If HR 2764 prohibits the export of cluster bombs, would not that use by GSL be requested to be stopped?
What us the position of the State Department regarding the use of cluster bombs now that the evidence of such use by GSL is available?
The reforms expected in HR 2764 of Sri Lanka have never taken place. In fact the violations have increased. Repeatedly, the Tamil Diaspora and human rights organizations have indicated that the Sri Lankan crisis is another Darfur. It is sad that the US small officialdom in Colombo, duped by a host government bent on genocide of its minority, faisl to perceive the gravity of the situation. Perhaps, one should live through such terrible conditions in the open, without food and medicine, constantly made to wander and bombed from air to get a sense of this tragedy. I challenge reporters and opinion writers from the foreign media, including the Sinhalese media to reside with the suffering population at least for a week and then report.
Labels: Tamils, US Congress, US Embassy, US State Department
// posted by ஜூலியன் @ 8:54 AM 
