Saturday, April 20, 2013



‘Long War, Cold Peace’ & the Return of Dayan Jayatilleka

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Groundviews-20 Apr, 2013After what seemed to be a brief but palpable and conspicuous absence from serious public engagement (in late 2012), Dr. Dayan Jayatilleka has returned from Paris; a return marked by his characteristic interventions in the press and the release of a book, titled ‘Long War, Cold Peace: Conflict and Crisis in Sri Lanka’ (Vijitha Yapa, 2013). The book, his second major publication on Sri Lanka, brings together most of his writings on Sri Lankan affairs which were published in the papers during the past few years.

This is a timely intervention; not only because the author was a former diplomat who had staunchly and successfully defended the country overseas, but mostly because his views on numerous domestic and foreign policy matters seem to run counter to the dominant ideological positions adopted by the present regime. The confluence of these factors makes Jayatilleka’s intervention a coruscating and critical one, with the delightful (or dangerous?) potential of irking the regime; especially a firm and unflinching political administrator like Mr. Gotabhaya Rajapaksa, than a seemingly indecisive political leader like President Mahinda Rajapaksa.
But how does Jayatilleka’s approach differ from the regime’s, on some of the critical problems confronting the country? Is there a mismatch in these two approaches, or is it a mere chimera?
Armed conflict, investigations and human rights
The regime’s understanding about the consequences of the armed conflict, about what had to be done to avert international pressure, was always problematic. Its propagandists considered the bloody and necessary confrontation with the LTTE to be a ‘humanitarian mission’, with zero-civilian casualties; therefore, investigations were considered wholly unnecessary, and calls for human rights protection were often dismissed. But these were never going to be convincing arguments in the diplomatic arena, especially in the long term. The conflict was, at best, only partly ‘humanitarian’, and a policy of ‘zero-civilian casualties’ was simply that, a policy.
Jayatilleka, to be sure, was a staunch defender of the crushing of the LTTE. He had advocated the need to defeat the LTTE for a long time (even in his 1995 book, ‘Sri Lanka: The Travails of Democracy). And he argues in his latest book, rather unsurprisingly, that “at no time were civilians wittingly targeted as a matter of policy” and that issues pertaining to “accountability will be dealt with by each society at its own pace” (p. 348). But Jayatilleka begins to adopt a different and useful stance when he advocates the need to carry out investigations into specific incidents or allegations of crimes (as he once informed Radio France Internationale). The war, as the LLRC Report showed, was not squeaky clean; and Jayatilleka has had no problem in endorsing it. This is unlike the regime’s approach; a regime which is determined to undermine the relevance of the LLRC. Ironically, the regime has decided to appoint a member of the LLRC as Jayatilleka’s successor to Paris at a time when the country is being censured for not properly implementing the LLRC’s recommendations.
Jayatilleka also rejects cultural relativism. He writes: “Human rights are not a Western invention or booby-trap, to be decried and shunned like the devil. Though there is a constant attempt to use human rights as an instrument to undermine national sovereignty, the answer is not to shun human rights or to pretend that these are intrinsically inscribed in our culture and therefore automatically observed, but to protect them ourselves and to maintain verifiably high standards of human rights observance nationally” (p. 351). Therefore, there is support for “a strong, independent Commission on Human Rights, Equality and Elimination of Discrimination headed by a person with international credentials and of acknowledged international stature” (p. 349). Furthermore, Jayatilleka seeks to uphold international law while continuing to regard state-sovereignty and sovereign states as the cornerstones of the world order (an approach similar to the late Lakshman Kadirgamar’s).
Sri Lanka, the West and the UN                                   Continue reading »